Florida/Georgia Personal Injury & Workers Compensation

...w the trial court could have denied appellant's motion because it was untimely. This is especially so because the court's power to order the return of the property continues after termination of the case. Moore; Sawyer. We are not unaware that under Section 705.105, Florida Statutes (1989), title to unclaimed evidence in the custody of the court or a law enforcement agency vests permanently in the law enforcement agency sixty days after the conclusion of the proceeding....

...State, 781 So.2d 1187, 1191-92 (Fla. 5th DCA 2001), and cases discussed therein. This authority continues beyond the termination of the criminal prosecution, thus enabling the court to direct the return of such property to its rightful owner. Id. However, section 705.105(1), Florida Statutes (2004), provides that title to unclaimed evidence or personal property lawfully seized pursuant to a lawful investigation that is in the custody of the court or clerk as part of a criminal proceeding, or seized as...

...the property is needed in other criminal proceedings; or if the motion is untimely because the property is considered unclaimed evidence or property seized in a lawful investigation that has vested permanently in a law enforcement agency pursuant to section 705.105, Florida Statutes (1999)....

...ce or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the court or clerk of court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency'") (citing section 705.105, Florida Statutes (1999)); Almanza v....

...Defendant contends that plaintiffs' counsel improperly obtained the samples in violation of state and federal law, which purportedly requires a court order before evidence seized pursuant to a search warrant is released for discovery. 15 U.S.C. § 1116; Fla.Stat.Ann. § 705.105. However, neither statute supports defendant's proposition. Section 705.105 does not apply to plaintiffs' action because counsel only used the evidence samples for verification purposes and did not challenge legal title to the evidence. See Fla. Stat.Ann. § 705.105 (concerning legal title and disposition of evidence in court custody)....

...STATE of Florida, Appellee. No. 2D01-3963. District Court of Appeal of Florida, Second District. November 14, 2001. CASANUEVA, Judge. Odis Cloud appeals the order of the trial court denying as untimely his motion for return of property filed pursuant to section 705.105, Florida Statutes (2000). We reverse and remand for reconsideration of the motion. The trial court did not attach any portions of the record to its order, and we cannot determine whether Cloud's property was seized pursuant to section 705.105....

...2d DCA 2006); see also Eight Hundred, Inc. v. State, 781 So.2d 1187, 1191-92 (Fla. 5th DCA 2001). This authority continues beyond the termination of the prosecution, thus enabling the court to direct the return of the property to its rightful owner. Id. However, section 705.105(1), Florida Statutes (2004), provides that title to unclaimed evidence or personal property that was lawfully seized pursuant to a lawful investigation and that is in the custody of the court or clerk as part of a criminal proceeding,...

...its, and the Hillsborough County Sheriff's Office property receipt. The court determined that on February 26, 2001, the computer was seized during the deputies' search of Stevens' home. But the court concluded that Stevens' motion was untimely under section 705.105 because his criminal proceeding ended on April 10, 2003, when his original sentence was amended....

...STATE of Florida, Appellee. No. 2D99-4255. District Court of Appeal of Florida, Second District. March 8, 2000. PER CURIAM. Johnny McKinnon appeals the trial court's order summarily denying his motion for return of property as untimely pursuant to section 705.105, Florida Statutes (1999). Because it is not clear from the record that section 705.105 applies to this case, we reverse and remand for an evidentiary hearing....

...vidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the court or clerk of court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency." See § 705.105....

...linked to any criminal activity." Initially the circuit court entered an order commanding the sheriff to return the property. However, the sheriff successfully petitioned for reconsideration of this order, claiming that the property was "lawfully destroyed or otherwise disposed of" in June, 1991, pursuant to section 705.105, Florida Statutes (1991)....

...feiture proceedings under the Florida Contraband Forfeiture Act, sections 932.701 to 932.707, Florida Statutes (2003), or whether the money had vested in the Tampa Police Department pursuant to the procedure regarding unclaimed evidence contained in section 705.105(1), Florida Statutes (2003)....

...Weekly at D793, ___ So.2d at ___; Cloud v. State, 801 So.2d 964 (Fla. 2d DCA 2001). Further, it is still unclear whether Wilson's motion seeks relief from a final judgment entered following forfeiture proceedings under sections 932.701 to 932.707, or if he seeks relief pursuant to section 705.105(1)....

...If he seeks relief from a forfeiture judgment, he may only be able to proceed under Florida Rule of Civil Procedure 1.540 if he is able to establish a basis for relief under that rule. See Reed v. City of Clearwater, 899 So.2d 343, 344 (Fla. 2d DCA 2005). If he seeks relief from the disposition of funds pursuant to section 705.105(1), his claim may be untimely because it was not filed within sixty days after the conclusion of the criminal proceeding....

...Tyrone Burden appeals the summary denial of his motion for return of property. We reverse and remand for further proceedings. Burden's motion requests the return of money allegedly confiscated and withheld following his arrest. The trial court treated Burden's motion as a motion for return of property pursuant to section 705.105, Florida Statutes (2004). Section 705.105 provides that title to unclaimed evidence or unclaimed tangible personal property lawfully seized vests permanently in the law enforcement agency if not claimed within sixty days after the conclusion of the proceeding....

...Stevenson further alleged that the cash had not been used as evidence against him and it had not been taken during the course of a criminal investigation. The state responded by urging the trial court to deny the petition because it was untimely. To support this argument, the state relied upon section 705.105, Florida *963 Statutes (1995), which provides, in pertinent part: 705.105....

...w enforcement agency 60 days after the conclusion of the proceeding. Relying on this statute, the trial court denied Stevenson's petition as being untimely because it had not been filed within sixty days of sentencing. Stevenson appeals this ruling. Section 705.105 applies when the state has a legitimate interest in property it has seized....

...The state offers no explanation as to how the cash was relevant to the violation of probation charge, and the trial court made no finding in this regard. Accordingly, since the property was not seized as evidence or during a lawful criminal investigation, section 705.105 does not apply....

...We affirm the order denying the appellant's petition for the return of his property seized during his arrest where, as here, the petition was not timely filed within sixty (60) days after the conclusion of the criminal proceeding as is required by section 705.105(1), Fla....

...STATE of Florida, Appellee. No. 2D00-1494. District Court of Appeal of Florida, Second District. September 1, 2000. PER CURIAM. Kelsey Hughes appeals the trial court's order summarily denying his motion for return of property as untimely pursuant to section 705.105, Florida Statues (1999). We reverse and remand for reconsideration of the motion. See McKinnon v. State, 752 So.2d 134 (Fla. 2d DCA 2000). Nothing in this court's record indicates that Hughes' property was seized pursuant to section 705.105....

...We have considered White v. State, 926 So.2d 473 (Fla. 2d DCA 2006), Burden v. State, 890 So.2d 566 (Fla. 2d DCA 2005), and Stevenson v. State, 688 So.2d 962 (Fla. 5th DCA 1997), but deem them inapposite. In those cases, the issues involved application of section 705.105, Florida Statutes, providing for transfer of seized property to law enforcement agencies....

...On August 13, 1997, eight months after the conclusion of the criminal proceeding, the appellant filed her petition for the return of her currency. The trial court's denial of this petition prompted this appeal. We affirm the lower court's denial of the petition because it was untimely filed pursuant to section 705.105(1), Florida Statutes *1291 (1997)....

...the hands of prison officials for mailing within 30 days of the date of the final order sought to be reviewed."); Harris v. State, 667 So.2d 1006 (Fla. 3d DCA 1996) (concluding the matter in which the items claimed concededly were seized); see also § 705.105, Fla....

...n the custody of the court or clerk of the court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding." § 705.105(1), Fla....

...District Court of Appeal of Florida, Second District. February 3, 2010. Nelson Monserrate-Rivera, pro se. MORRIS, Judge. Nelson Monserrate appeals the denial of his pro se motion for return of personal property. The circuit court summarily denied the motion, finding that under section 705.105(1), Florida Statutes (2007), the property had been seized pursuant to a lawful investigation or was held as evidence by a law enforcement agency and that title to the property vested in that agency when Monserrate did not seek timely...

...edings under the provisions of sections *970 932.701 to 932.707, Florida Statutes (2003), the Florida Contraband Forfeiture Act, or if it had vested in the Tampa Police Department at the conclusion of the proceeding against Wilson in accordance with section 705.105(1), Florida Statutes (2003)....

motion for return Of property pursuant to section 705.105, Florida Statutes (2016). We affirm. Monestime

...his arrest. In his motion, Cloud alleged that the $1900 belonged to him, that it was not contraband or the fruit of criminal activity, and that it was not being held as evidence. Cloud alleged that he was entitled to return of the money pursuant to section 705.105, Florida Statutes (2000). The trial court denied Cloud's motion as untimely filed. See § 705.105(1) (stating that title to unclaimed evidence lawfully seized will vest *574 permanently with the law enforcement agency sixty days after the conclusion of the proceeding). In reversing, this court stated: We reverse and remand for reconsideration of the motion. The trial court did not attach any portions of the record to its order, and we cannot determine whether Cloud's property was seized pursuant to section 705.105....

...ida Statutes (2000), and therefore could not comment on whether that act applied to this case. Relying on the State's response, the trial court denied Cloud's motion. Our review of the arrest reports attached to the trial court's order confirms that section 705.105 does not apply to this case....

...Mr. Reed may still be able to pursue the recovery of these items through a separate action against the appropriate agency or possibly by renewing a motion for return of property that he apparently filed in his initial criminal proceedings pursuant to section 705.105, Florida Statutes (2001)....

...The defendant appeals an order summarily denying his motion for return of property. As properly conceded by the State, the defendant is entitled to an evidentiary hearing to determine whether the property was lawfully seized or held as evidence by law enforcement officials prior to denying the defendant's motion. See § 705.105, Fla....

...STATE of Florida, Appellee. No. 2D08-3419. District Court of Appeal of Florida, Second District. July 17, 2009. *330 FULMER, Judge. Emilio Dottin appeals the denial of his pro se motion for return of property. The circuit court denied the motion because under section 705.105(1), Florida Statutes (2006), the property had been seized as evidence by a law enforcement agency and title to the property vested in that agency when Dottin did not seek timely return of the property within sixty days after the proceedings were concluded against him....

...Crutchley pled guilty and was sentenced on 23 June 1986 to the Department of Corrections. He appealed and his conviction was affirmed by this court on 28 April 1987. Crutchley v. State, *372 506 So.2d 1045 (Fla. 5th DCA 1987). Six years later on 17 December 1993, Crutehley’s filed his replevin action. Section 705.105, Florida Statutes, vested title in the sheriffs office to unclaimed property 60 days after the conclusion of Crutchley’s proceeding....

...vested in the sheriffs department at least by April 1989, and because Cratchley did not file the replevin action until 1993, Crutchley has demonstrated no error in the judgment in favor of the sheriff. AFFIRMED. W. SHARP and GRIFFIN, JJ., concur. . Section 705.105, Florida Statutes reads in pertinent part: 705.105....

moved for a summary judgment on the basis of Section 705.105, Florida Statutes (1995),2 which provides that

...ONES, Appellant, v. STATE of Florida, Appellee. No. 2D10-1172. District Court of Appeal of Florida, Second District. August 18, 2010. *875 WHATLEY, Judge. Michael Jones appeals from the summary denial of his motion for return of property pursuant to section 705.105(1), Florida Statutes (2009)....

dispose of unclaimed evidence as provided in section 705.105, Florida Statutes. It may transfer title of

...Hersch, Judge. Sydney Smith, in proper person. Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee. Before FERNANDEZ, C.J., and LOBREE, and BOKOR, JJ. PER CURIAM.  Affirmed. See § 705.105, Fla. Stat. (2017); Davis v. State, 198 So. 3d 1070, 1072 (Fla. 5th DCA 2016) ("Section 705.105(1) provides that the title to property seized in connection with a criminal proceeding shall vest permanently in the law enforcement agency sixty days after the conclusion of the criminal proceeding....

...As mentioned above, the Florida Supreme Court has not adopted a criminal procedure rule governing the timing of a defendant’s motion seeking the return of seized property. The analysis, though, of this procedural timing issue is informed, if not governed, by section 705.105(1) of the Florida Statutes.6 This substantive statute vests title to “unclaimed evidence” in the law enforcement agency “60 days after the conclusion of the proceeding.” Section 705.101(6) of the Florida Statutes defines “unclaimed evidence” in relevant part as “any tangible personal property ....

...is retained by the law enforcement agency or the clerk of the county or circuit court for 60 days after the final disposition of the proceeding and to which no claim of ownership has been made.” § 705.101(6), Fla. Stat. (2016) (emphasis added). 6 Section 705.105(1) reads, in its entirety, as follows: Title to unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the court or clerk of the court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding. § 705.105(1), Fla....

...Marquise T. HAMMOND, Appellant, v. STATE of Florida, Appellee. No. 2D08-4311. District Court of Appeal of Florida, Second District. May 8, 2009. VILLANTI, Judge. Marquise Hammond appeals the denial of his motion to return property filed pursuant to section 705.105(1), Florida Statutes (2005)....

ROTHENBERG, Judge. The defendant, Robert D. Kordish, appeals the trial court’s order denying his Motion for Return of Property. As the motion was untimely filed, see § 705.105(1), Fla....

...On appeal, Adams argues that the trial court reversibly erred by entering the order "without first ordering a response by the State, attaching portions of the record conclusively refuting [his] claim, or conducting an evidentiary hearing in the matter." The State responds that Adams's motion is governed by section 705.105(1), Florida Statutes (2010), and that the trial court properly denied it because it was untimely....

...This Court reviews an order summarily denying a motion for return of seized property de novo. Peterson v. State , 249 So. 3d 1264 , 1265 (Fla. 5th DCA 2018). Section 95.11(3)(i), under which Adams moved, governs actions to recover specific personal property and imposes a four-year statute of limitations for such actions. Section 705.105, which the State relies upon, governs the disposition of "unclaimed evidence" and requires a defendant to move within sixty days of the conclusion of the proceeding, i.e., when "the mandate issues *197 from the appellate court on a direct appeal of a defendant's judgment and sentence." Davis v. State , 198 So. 3d 1070 , 1072 (Fla. 5th DCA 2016) (citations omitted). Section 705.105 applies where the seized property is " intended for use in a criminal or quasi-criminal proceeding ." § 705.101(6), Fla....

...s evidence or pursuant to a lawful investigation, such as where a defendant's property is held for safekeeping upon arrest. See Stevenson v. State , 688 So. 2d 962 , 963 (Fla. 5th DCA 1997) (emphasis added) (finding that 60-day limitations period in section 705.105(1) did not apply where there was no connection between cash allegedly taken and defendant's arrest for probation violation). If applicable, the trial court may summarily deny an untimely motion for return of personal property pursuant to either section 705.105(1) or 95.11(3)(i). When summarily denying a motion pursuant to section 705.105(1), the trial court must determine the statute's applicability and "is obliged to attach portions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence ." White v....

...2d 473 , 474 (Fla. 2d DCA 2006) (emphasis in original) (citations omitted); see also Bonia v. State , 197 So. 3d 1280 (Fla. 5th DCA 2016) (reversing denial of defendant's motion for return of property because trial court failed to address the applicability of section 705.105 ); Davis v....

...proper basis existed to return property" upon the filing of defendant's facially sufficient motion for return of seized property (citations omitted)). However, neither the trial court's order nor the record on appeal demonstrate the applicability of section 705.105(1) or 95.11(3)(i)....

...Thus, this Court cannot determine which statute and time limitation applied to Adams's motion. Accordingly, we reverse and remand for further proceedings on that matter. On remand, the court must determine which statute applies. See White , 926 So. 2d at 474 . If the court determines that Adams's property is subject to section 705.105(1) because it was "unclaimed evidence or unclaimed tangible personal property, *198 " then Adams cannot recover his seized property because he filed his motion well after sixty days of the mandate affirming his direct appeal. § 705.105(1), Fla....

...ions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence ." 1 White , 926 So. 2d at 474 (emphasis in original) (citations omitted). If the court determines that Adams's property is not subject to section 705.105(1), then section 95.11(3)(i) applies....

responds that Adams's motion is governed by section 705.105(1), Florida Statutes (2010), and that the trial

PER CURIAM. Affirmed. See § 705.105, Fla....

PER CURIAM. Clint Horvatt appeals the denial of his motion for the return of property seized during his criminal prosecution. Horvatt contends that the trial court erred in finding that he untimely filed his motion. We affirm. Section 705.105(1), Florida Statutes (2011), governs the disposition of unclaimed evidence or tangible personal property and provides: Title to unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigat...

...This Court defines the "conclusion of the proceeding" as when "the mandate issues from the appellate court on a direct appeal of a defendant's judgment and sentence." Davis v. State , 198 So.3d 1070 , 1072 (Fla. 5th DCA 2016). Thus, a trial court may deny a motion for return of seized property as untimely pursuant to section 705.105(1) where the defendant failed to file the motion within sixty days of the entry of the defendant's judgment and sentence or the issuance of the mandate in the direct appeal. See § 705.105(1) ; Davis , 198 So.3d at 1072 . Here, Horvatt failed to file his motion within the time limitation of section 705.105(1)....

PER CURIAM. Clint Horvatt appeals the denial of his motion for the return of property seized during his criminal prosecution. Horvatt contends that the trial court erred in finding that he untimely filed his motion. We affirm. Section 705.105(1), Florida Statutes (2011), governs the disposition of unclaimed evidence or tangible personal property and provides: Title to unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigat...

...This Court defines the "conclusion of the proceeding" as when "the mandate issues from the appellate court on a direct appeal of a defendant's judgment and sentence." Davis v. State , 198 So.3d 1070 , 1072 (Fla. 5th DCA 2016). Thus, a trial court may deny a motion for return of seized property as untimely pursuant to section 705.105(1) where the defendant failed to file the motion within sixty days of the entry of the defendant's judgment and sentence or the issuance of the mandate in the direct appeal. See § 705.105(1) ; Davis , 198 So.3d at 1072 . Here, Horvatt failed to file his motion within the time limitation of section 705.105(1)....

...tate’s argument to this court that because more than sixty days have passed since the conclusion of the defendant’s underlying case, he no longer has a claim to his alleged property, and therefore should not be permitted to amend his motion. See § 705.105(1), Fla....

...Sarmiento v. State, 816 So. 2d 826, 827 (Fla. 3d DCA 2002) (affirming order denying a defendant’s petition for the return of his property where the defendant did not file his petition within sixty days of his criminal proceeding’s conclusion as section 705.105(1) requires)....

...In his motion, Adams stated that law enforcement confiscated approximately $493 and a cellphone when he was booked into jail after being arrested on charges that were later dismissed. The postconviction court treated Adams' motion as filed under section 705.105(1), Florida Statutes (2015), and denied it as untimely because more than sixty days had elapsed since the conclusion of his criminal proceedings. In support of the order, the court attached the State's notice of nolle prosequi.  Section 705.105(1) provides: Title to unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the court or clerk of the court from a cr...

...This postconviction appeal requires us to consider the relationship between the Florida Contraband Forfeiture Act, § 932.701-.707, Fla. Stat. (2004) (the Act), and the statutory procedure for return of unclaimed personal property that has been lawfully seized as evidence or pursuant to a criminal investigation, § 705.105, Fla....

...g under the Act by making unsupported factual findings and premature legal conclusions that the defendant's property was not seized pursuant to the Act and that the money had vested in the custody of the Highlands County Sheriff's Office pursuant to section 705.105....

...the currency and the drug offenses for which he was arrested. § 932.703(2)(a). Even more significant, if Mr. Shuler's money was seized as contraband, he would be specifically precluded from utilizing the procedure for return of unclaimed evidence, § 705.105, by that statute's very terms, which defines "unclaimed evidence" as "any tangible personal property, including cash, not included within the definition of `contraband article,' as provided in s....

...Shuler had not used these funds or did not intend to use them to facilitate drug transactions, as he claims in his motion, he would be left with no legal means to secure their return. See Cloud v. State, 810 So.2d 573, 574 (Fla. 2d DCA 2002) (holding that upon review of applicable arrest reports, section 705.105 did not apply to the defendant's *1276 motion for return of $1900 seized when he was arrested but further holding that the record was insufficient for a determination of whether the defendant's money had been properly seized pursuant to the Act)....

PER CURIAM. The appellant appeals an order summarily dismissing his motion to recover seized property. The trial court treated the motion as filed under section 705.105(1), Florida Statutes (2014), and dismissed it as untimely since it was filed outside the 60-day time frame articulated in the statute....

...The trial court denied the motion as being untimely because it was filed more than 60 days after the filing of the announcement of no information. As such, the trial court ruled that title to Darman’s property became vested in the Pompano Beach Police Department. Florida Statutes, section 705.105 (1997), governs the procedure regarding unclaimed personal property seized by police in circumstances such as those at bar....

...in the custody of the court or clerk of the court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding. § 705.105(1), Fla....

...Darman argues that he was denied due process because he was never given any notice of the state’s August 6, 1997 announcement of no information, which was what concluded the proceeding. As such, he maintains that his motion for the return of his property should not have been barred by the 60 day limitations period under section 705.105(1)....

...Castleman, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Lauren Brudnicki, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant appeals an order summarily dismissing his motion to recover seized property. The trial court treated the motion as filed under section 705.105(1), Florida Statutes (2014), and dismissed it as untimely since it was filed outside the 60-day time frame articulated in the statute....

...The fact that the property was previously entered into evidence at the trial level is insufficient to deny the motion without a hearing. Rather the State must show a continuing need for the property. Thomas v. State, 997 So.2d 476 (Fla. 1st DCA 2008). The trial court also found that the motion was untimely because Section 705.105, Fla....

sixty day jurisdictional period provided by section 705.105(1), Florida Statutes (1997). Affirmed.

103, F.S. 12 Id. 13 Section 705.104, F.S. 14 Section 705.105, F.S. 15 Section 705.101(4), F.S., defines

...seized pursuant to a lawful investigation or held as evidence. We therefore reverse and remand. For a motion for return of property to be timely, it must be filed within sixty days of the conclusion of the proceeding pursuant to which the property was lawfully seized. § 705.105(1), Fla....

...atute of limitations for actions to recover personal property in section 95.11(3), Florida Statutes (2014). Poux v. State, 985 So. 2d 1191, 1192 (Fla. 4th DCA 2008). Here, the trial court summarily denied Appellant’s motion as untimely under section 705.105, Florida Statutes (2014)....

whether the motion was timely filed under section 705.105(1), Florida Statutes (2024), which provides:

...Frutoso Villarreal (Villarreal) an inmate at Martin Correctional Institute (“MCI”) appeals the trial court’s dismissal of his Motion for Recovery of Property that he filed seeking production of autopsy photographs sent to him while he was incarcerated at MCI. Villarreal sought relief under section 705.105, Florida Statutes after MCI staff refused to turn over autopsy photographs of the victim in the homicide for which Villarreal was incarcerated. The trial court dismissed Villarreal’s claim without prejudice, finding that it failed to state a cause of action for which relief could be granted. Section 705.105 provides for the disposition of unclaimed evidence used in a criminal proceeding after the conclusion of the proceeding. See § 705.105, Fla....

properly concedes that the motion was timely. See § 705.105(1), Fla. Stat. (2016) (providing that “[t]itle

...As such, the trial court ruled that title to Darman’s property became vested in the Pompano Beach Police Department. Id. at 553 . The court in Darman I determined that appellant was entitled to a hearing on the motion because he had not been notified of the dismissal of the charges against him. While section 705.105(1), Florida Statutes (1997), requires that any motion to return seized property be brought within sixty days of the conclusion of the proceeding, appellant had not received notice of the dismissal....

...The appellant claims that he sought the property from the custodian of property in Dade County, as well as the City of Miami, to no avail. He again sought relief from the circuit court. This time, however, the State interposed the objection that the claim was barred by the sixty day limitation period of section 705.105, Florida Statutes (2000) (providing that title to unclaimed evidence or personal property lawfully seized pursuant to a lawful investigation shall vest permanently in the law enforcement agency sixty days after the conclusion of the proceeding)....

...eizing agency obtaining forfeiture of personal property to elect to retain the property, sell the property at public auction or by sealed bid to the highest bidder, or salvage, trade, or transfer the property to any public or nonprofit organization. Section 705.105 (1), Florida Statutes, in addressing unclaimed evidence or unclaimed tangible personal property seized pursuant to a lawful investigation in the custody of the court or clerk of the court from a criminal proceeding, or seized as evide...

...s stating why the court should not grant the defendant’s motion for return of property.  The Broward Sheriff’s Office responded that the motion was not filed within sixty days after the conclusion of his case, and argued it was untimely under section 705.105(1), Fla....

...Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant challenges the order summarily denying his motion for return of property. The State properly concedes error in that the trial court did not address the applicability of section 705.105, Florida Statutes. See Davis v. State, 63 So. 3d 888, 889 (Fla. 5th DCA 2011) (holding that lower court must attach records to establish property was seized as evidence to support summary denial of motion for return of property pursuant to section 705.105); Stevenson v. State, 688 So. 2d 962 (Fla. 5th DCA 1997) (reversing denial of motion for return of property pursuant to section 705.105 where record did not establish statute applied). REVERSED AND REMANDED. LAWSON, C.J., ORFINGER and TORPY, JJ., concur. 2 

...The matter proceeded to trial before a jury that found the defendant guilty of conspiracy to traffic in cocaine. He was sentenced to a term of 22.5 years in prison. In November of 2012, the defendant filed a motion for the return of property seized in connection with his criminal prosecution. See § 705.105(1), Fla....

...This authority continues beyond the termination of the criminal prosecution, thus enabling the court to direct the return of such property to its rightful owner. White v. State, 926 So. 2d 473, 474 (Fla. 2d DCA 2006)(citations omitted). Section 705.105(1) provides that the title to property seized in connection with a criminal proceeding shall vest permanently in the law enforcement agency sixty days after the 2 conclusion of the...

...n the custody of the court or clerk of the court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding." § 705.105(1), Fla....

...1990) (time for filing under Rule 3.850). The state agrees that this same logic applies to time for claiming evidence under Chapter 705, which provides that the sixty-day time period begins to run “after the conclusion of the proceeding” under section 705.105(1), Florida Statutes (2013), or “after final disposition of the proceeding” under section 705.101(6), Florida Statutes (2013)....

...ing an Internet or online auction service to dispose of the following property: surplus property pursuant to section 274.06 , Florida Statutes; lost or abandoned property pursuant to section 705.103 , Florida Statutes; unclaimed evidence pursuant to section 705.105 , Florida Statutes; or forfeited property pursuant to section 932.7055 , Florida Statutes? According to your letter the Bay County Sheriff's Office currently conducts a live annual auction to dispose of these types of property, after advertising the auction....

...ication of Part VI, Chapter 468 , Florida Statutes, a sheriff's sale at auction of surplus property pursuant to section 274.06 , Florida Statutes; lost or abandoned property under section 705.103 , Florida Statutes; unclaimed evidence as provided in section 705.105 , Florida Statutes; or forfeited property pursuant to what is now section 932.7055 , Florida Statutes....

...t or abandoned property is held or stored," I cannot say that this would preclude an online auction. Again, however, the sheriff must advertise and follow the other directives of the statute with regard to notice as specifically provided therein. 19 Section 705.105 — unclaimed evidence Section 705.105 , Florida Statutes, prescribes the procedure to be used regarding unclaimed evidence: "(1) Title to unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the co...

...ia for the disposition of lost and abandoned property located on private property which has been placed in the custody of the police department. 9 Section 705.102 , Fla. Stat. 10 Section 705.103 , Fla. Stat. 11 Id. 12 Section 705.104 , Fla. Stat. 13 Section 705.105 , Fla....

...705.103 , Florida Statutes, are subject to the lien provisions of s. 713.78 , Fla. Stat.) 17 Section 705.103 (2)(b)2., Fla. Stat. 18 See Op. Att'y Gen. 88-27 (1988). 19 See Op. Att'y Gen. Fla. 99-58 (1999), concluding that the Ocala Police Department must dispose of unclaimed evidence as provided in s. 705.105 , Fla. Stat., rather than allowing the City of Ocala to auction unclaimed evidence titled in the police department in an effort to circumvent the procedures of ss. 705.105 and 705.103 , Fla....

...ER CURIAM. Appellant, James P. Costello, seeks review of the order denying his omnibus motion seeking return of funds seized from him upon his arrest. Upon review, we conclude that the order should be affirmed since his motion was untimely. Further, section 705.105, *858 Florida Statutes is not void for vagueness, nor violative of procedural or substantive due process....