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Florida Statute 705.105 | Lawyer Caselaw & Research
F.S. 705.105 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 705.105

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 705
LOST OR ABANDONED PROPERTY
View Entire Chapter
F.S. 705.105
705.105 Procedure 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 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.
(a) If the property is of appreciable value, the agency may elect to:
1. Retain the property for the agency’s own use;
2. Transfer the property to another unit of state or local government;
3. Donate the property to a charitable organization;
4. Sell the property at public sale, pursuant to the provisions of s. 705.103.
(b) If the property is not of appreciable value, the law enforcement agency may elect to destroy it.
(2) Nothing in this section shall be construed to repeal or supersede the provisions of s. 790.08 relating to the disposition of weapons and firearms.
History.s. 5, ch. 87-82; s. 5, ch. 90-113.

F.S. 705.105 on Google Scholar

F.S. 705.105 on Casetext

Amendments to 705.105


Arrestable Offenses / Crimes under Fla. Stat. 705.105
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 705.105.



Annotations, Discussions, Cases:

Cases from cite.case.law:

L. ADAMS, Jr. v. STATE, 273 So. 3d 195 (Fla. App. Ct. 2019)

. . . The State responds that Adams's motion is governed by section 705.105(1), Florida Statutes (2010), and . . . Section 705.105, which the State relies upon, governs the disposition of "unclaimed evidence" and requires . . . Section 705.105 applies where the seized property is "intended for use in a criminal or quasi-criminal . . . If the court determines that Adams's property is subject to section 705.105(1) because it was "unclaimed . . . If the court determines that Adams's property is not subject to section 705.105(1), then section 95.11 . . .

HORVATT, v. STATE, 266 So. 3d 1268 (Fla. App. Ct. 2019)

. . . Section 705.105(1), Florida Statutes (2011), governs the disposition of unclaimed evidence or tangible . . . Thus, a trial court may deny a motion for return of seized property as untimely pursuant to section 705.105 . . . 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). . . .

COLONIAL PENN LIFE INSURANCE COMPANY, v. E. PARKER,, 362 F. Supp. 3d 380 (S.D. Tex. 2019)

. . . Under Section 705.105, Subchapter A does not apply to insurance contracts (1) that contain provisions . . . CODE § 705.105. . . . located in Subchapter A, covers Misrepresentations in Policy Applications; however, pursuant to Section 705.105 . . . Code § 705.105, supra. . . .

WATKINS, v. STATE, 230 So. 3d 1244 (Fla. Dist. Ct. App. 2017)

. . . The analysis, though, of this procedural timing issue is informed, if not governed, by section 705.105 . . . shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding. § 705.105 . . .

EUGENE, v. STATE, 226 So. 3d 1032 (Fla. Dist. Ct. App. 2017)

. . . filed within sixty days after the conclusion of his ease, and argued it was untimely under section 705.105 . . .

MONESTIME, v. STATE, 220 So. 3d 493 (Fla. Dist. Ct. App. 2017)

. . . Monestime appeals from the trial court’s denial of his motion for return Of property pursuant to section 705.105 . . . shall vest permanently in the law enforcement agency 60 days after the con-clusfon of the proceeding. § 705.105 . . . appeal in 2010, the trial court’s order citing to the untimeliness of the motion pursuant to section 705.105 . . .

M. MIGUEL a k a v. STATE, 209 So. 3d 66 (Fla. Dist. Ct. App. 2016)

. . . See § 705.105(1), Fla. . . . State, 198 So.3d 1070 (Fla. 5th DCA 2016) (holding sixty-day time period under section 705.105 did not . . . Thus, April 7, 2016 constitutes the date of the “conclusion of the proceeding” under section 705.105( . . .

BONIA, v. STATE, 197 So. 3d 1280 (Fla. Dist. Ct. App. 2016)

. . . State properly concedes error in that the trial court did not address the applicability of section 705.105 . . . was seized as evidence to support summary denial of motion for return of property pursuant to section 705.105 . . . .2d 962 (Fla. 5th DCA 1997) (reversing denial of motion for return . of property pursuant to section 705.105 . . .

J. DAVIS, v. STATE, 198 So. 3d 1070 (Fla. Dist. Ct. App. 2016)

. . . See § 705.105(1), Fla. Stat. (2012). . . . shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding.” § 705.105 . . .

ADAMS, v. STATE, 193 So. 3d 1106 (Fla. Dist. Ct. App. 2016)

. . . The posteonviction court treated Adams’ motion as filed under section 705.105(1), Florida Statutes (2015 . . . Section 705.105(1) provides: Title to unclaimed evidence or unclaimed tangible personal property lawfully . . .

RIGG, v. STATE, 190 So. 3d 656 (Fla. Dist. Ct. App. 2016)

. . . See § 705.105, Fla. Stat. (2015); Harris v. State, 30 So.3d 674 (Fla. 3d DCA 2010). . . .

R. WILKINS, v. STATE, 182 So. 3d 843 (Fla. Dist. Ct. App. 2016)

. . . . § 705.105(1), Fla. Stat. (2014). . . . Here, the trial’court summarily denied Appellant’s motion as untimely under section 705.105, Florida . . .

CEPERO, v. STATE, 174 So. 3d 469 (Fla. Dist. Ct. App. 2015)

. . . that the sixty-day time period begins to run “after the conclusion of the proceeding” under section 705.105 . . .

K. CASTLEMAN, v. STATE, 165 So. 3d 61 (Fla. Dist. Ct. App. 2015)

. . . The trial court treated the motion as filed under section 705.105(1), Florida Statutes (2014), and dismissed . . .

AREL, v. STATE, 160 So. 3d 104 (Fla. Dist. Ct. App. 2015)

. . . See § 705.105(1), Fla. . . . defendant did not file his petition within sixty days of his criminal proceeding’s conclusion as section 705.105 . . .

GARCON, v. WEST PALM BEACH POLICE DEPARTMENT, 112 So. 3d 768 (Fla. Dist. Ct. App. 2013)

. . . because appellant’s motion for return was not filed within 60 days of the final disposition, see section 705.105 . . .

R. BAILEY, v. STATE, 93 So. 3d 518 (Fla. Dist. Ct. App. 2012)

. . . The trial court also found that the motion was untimely because Section 705.105, Fla. . . .

JONES, v. STATE, 42 So. 3d 874 (Fla. Dist. Ct. App. 2010)

. . . Michael Jones appeals from the summary denial of his motion for return of property pursuant to section 705.105 . . .

HARRIS, v. STATE, 30 So. 3d 674 (Fla. Dist. Ct. App. 2010)

. . . 3d DCA 1996) (concluding the matter in which the items claimed concededly were seized); see also § 705.105 . . .

MONSERRATE, v. STATE, 25 So. 3d 1292 (Fla. Dist. Ct. App. 2010)

. . . The circuit court summarily denied the motion, finding that under section 705.105(1), Florida Statutes . . .

DOTTIN, v. STATE, 12 So. 3d 329 (Fla. Dist. Ct. App. 2009)

. . . The circuit court denied the motion because under section 705.105(1), Florida Statutes (2006), the property . . .

T. HAMMOND, v. STATE, 12 So. 3d 252 (Fla. Dist. Ct. App. 2009)

. . . Marquise Hammond appeals the denial of his motion to return property filed pursuant to section 705.105 . . .

POUX, v. STATE, 985 So. 2d 1191 (Fla. Dist. Ct. App. 2008)

. . . In those cases, the issues involved application of section 705.105, Florida Statutes, providing for transfer . . .

SHULER, v. STATE, 984 So. 2d 1274 (Fla. Dist. Ct. App. 2008)

. . . personal property that has been lawfully seized as evidence or pursuant to a criminal investigation, § 705.105 . . . that the money had vested in the custody of the Highlands County Sheriffs Office pursuant to section 705.105 . . . he would be specifically precluded from utilizing the procedure for return of unclaimed evidence, § 705.105 . . . 810 So.2d 573, 574 (Fla. 2d DCA 2002) (holding that upon review of applicable arrest reports, section 705.105 . . .

WILSON, v. STATE, 957 So. 2d 1264 (Fla. Dist. Ct. App. 2007)

. . . Tampa Police Department pursuant to the procedure regarding unclaimed evidence contained in section 705.105 . . . forfeiture proceedings under sections 932.701 to 932.707, or if he seeks relief pursuant to section 705.105 . . . If he seeks relief from the disposition of funds pursuant to section 705.105(1), his claim may be untimely . . .

R. HARKLESS, v. STATE, 975 So. 2d 437 (Fla. Dist. Ct. App. 2007)

. . . .” § 705.105(1), Fla. Stat. (2004). See also Sarmiento v. . . .

STEVENS, v. STATE, 929 So. 2d 1197 (Fla. Dist. Ct. App. 2006)

. . . However, section 705.105(1), Florida Statutes (2004), provides that title to unclaimed evidence or personal . . . But the court concluded that Stevens’ motion was untimely under section 705.105 because his criminal . . .

KORDISH, v. STATE, 934 So. 2d 540 (Fla. Dist. Ct. App. 2006)

. . . As the motion was untimely filed, see § 705.105(1), Fla. . . .

WHITE, v. STATE, 926 So. 2d 473 (Fla. Dist. Ct. App. 2006)

. . . However, section 705.105(1), Florida Statutes (2004), provides that title to unclaimed evidence or personal . . .

WILSON, v. STATE, 924 So. 2d 969 (Fla. Dist. Ct. App. 2006)

. . . Tampa Police Department at the conclusion of the proceeding against Wilson in accordance with section 705.105 . . .

REED, v. CITY OF CLEARWATER, a, 899 So. 2d 343 (Fla. Dist. Ct. App. 2005)

. . . return of property that he apparently filed in his initial criminal proceedings pursuant to section 705.105 . . .

BURDEN, v. STATE, 890 So. 2d 566 (Fla. Dist. Ct. App. 2005)

. . . The trial court treated Burden’s motion as a motion for return of property pursuant to section 705.105 . . . Section 705.105 provides that title to unclaimed evidence or unclaimed tangible personal property lawfully . . .

PONDELLA HALL FOR HIRE, INC. n k a v. C. W. CROFT,, 844 So. 2d 696 (Fla. Dist. Ct. App. 2003)

. . . bars to Pondel-la’s suit, including the statute of limitations, laches, and sections 932.703(3) and 705.105 . . .

L. FORBES, v. STATE, 826 So. 2d 421 (Fla. Dist. Ct. App. 2002)

. . . State interposed the objection that the claim was barred by the sixty day limitation period of section 705.105 . . .

SARMIENTO, v. STATE, 816 So. 2d 826 (Fla. Dist. Ct. App. 2002)

. . . filed within sixty (60) days after the conclusion of the criminal proceeding as is required by section 705.105 . . .

CLOUD, v. STATE, 810 So. 2d 573 (Fla. Dist. Ct. App. 2002)

. . . Cloud alleged that he was entitled to return of the money pursuant to section 705.105, Florida Statutes . . . See § 705.105(1) (stating that title to unclaimed evidence lawfully seized will vest permanently with . . . record to its order, and we cannot determine whether Cloud’s property was seized pursuant to section 705.105 . . . Our review of the arrest reports attached to the trial court’s order confirms that section 705.105 does . . .

VILLARREAL, v. W. MOORE,, 805 So. 2d 988 (Fla. Dist. Ct. App. 2001)

. . . Villarreal sought relief under section 705.105, Florida Statutes after MCI staff refused to turn over . . . Section 705.105 provides for the disposition of unclaimed evidence used in a criminal proceeding after . . . See § 705.105, Fla. Stat. (2000). . . .

CLOUD, v. STATE, 801 So. 2d 964 (Fla. Dist. Ct. App. 2001)

. . . of the trial court denying as untimely his motion for return of property filed pursuant to section 705.105 . . . record to its order, and we cannot determine whether Cloud’s property was seized pursuant to section 705.105 . . .

GONZALEZ, v. STATE, 786 So. 2d 680 (Fla. Dist. Ct. App. 2001)

. . . See § 705.105, Fla. Stat. (2000); McKinnon v. State, 752 So.2d 134 (Fla. 2d DCA 2000). . . .

EIGHT HUNDRED, INC. v. STATE, 781 So. 2d 1187 (Fla. Dist. Ct. App. 2001)

. . . a lawful investigation that has vested permanently in a law enforcement agency pursuant to section 705.105 . . . proceeding or seized as evidence by and in the custody of a law enforcement agency’ ”) (citing section 705.105 . . .

DARMAN, v. STATE, 774 So. 2d 798 (Fla. Dist. Ct. App. 2000)

. . . While section 705.105(1), Florida Statutes (1997), requires that any motion to return seized property . . .

HUGHES, v. STATE, 768 So. 2d 512 (Fla. Dist. Ct. App. 2000)

. . . trial court’s order summarily denying his motion for return of property as untimely pursuant to section 705.105 . . . Nothing in this court’s record indicates that Hughes’ property was seized pursuant to section 705.105 . . .

FRANCIS, v. STATE, 765 So. 2d 228 (Fla. Dist. Ct. App. 2000)

. . . closed by his plea and sentence — well beyond the sixty day jurisdictional period provided by section 705.105 . . .

McKINNON, v. STATE, 752 So. 2d 134 (Fla. Dist. Ct. App. 2000)

. . . trial court’s order summarily denying his motion for return of property as untimely pursuant to section 705.105 . . . Because it is not clear from the record that section 705.105 applies to this case, we reverse and remand . . . See § 705.105. . . .

L. ROMERO- SAAVEDRA, v. STATE, 735 So. 2d 1290 (Fla. Dist. Ct. App. 1999)

. . . We affirm the lower court’s denial of the petition because it was untimely filed pursuant to section 705.105 . . .

DARMAN, v. STATE, 734 So. 2d 552 (Fla. Dist. Ct. App. 1999)

. . . Florida Statutes, section 705.105 (1997), governs the procedure regarding unclaimed personal property . . . shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding. § 705.105 . . . the return of his property should not have been barred by the 60 day limitations period under section 705.105 . . .

P. COSTELLO, v. STATE, 730 So. 2d 857 (Fla. Dist. Ct. App. 1999)

. . . Further, section 705.105, Florida Statutes is not void for vagueness, nor violative of procedural or . . .

STEVENSON, v. STATE, 688 So. 2d 962 (Fla. Dist. Ct. App. 1997)

. . . To support this argument, the state relied upon section 705.105, Florida Statutes (1995), which provides . . . , in pertinent part: 705.105. . . . Section 705.105 applies when the state has a legitimate interest in property it has seized. . . . Accordingly, since the property was not seized as evidence or during a lawful criminal investigation, section 705.105 . . .

CRUTCHLEY, v. BREVARD COUNTY SHERIFF S OFFICE,, 688 So. 2d 371 (Fla. Dist. Ct. App. 1997)

. . . Section 705.105, Florida Statutes, vested title in the sheriffs office to unclaimed property 60 days . . . Section 705.105, Florida Statutes reads in pertinent part: 705.105. . . .

STRICKLAND, v. THELMAN,, 665 So. 2d 284 (Fla. Dist. Ct. App. 1995)

. . . may have purchased the jewelry from ill-gotten funds simply does not justify a “seizure” under action 705.105 . . . The Department moved for a summary judgment on the basis of Section 705.105, Florida Statutes (1995), . . . But section 705.105 was inapplicable for two reasons. . . .

DIVE N SURF, INC. s v. ANSELOWITZ d b a d b a, 834 F. Supp. 379 (M.D. Fla. 1993)

. . . . § 705.105. However, neither statute supports defendant’s proposition. . . . Stat.Ann. § 705.105 (concerning legal title and disposition of evidence in court custody). . . .

BUTLER, v. STATE, 613 So. 2d 1348 (Fla. Dist. Ct. App. 1993)

. . . that the property was “lawfully destroyed or otherwise disposed of” in June, 1991, pursuant to section 705.105 . . .

COON, v. STATE, 585 So. 2d 1079 (Fla. Dist. Ct. App. 1991)

. . . We are not unaware that under Section 705.105, Florida Statutes (1989), title to unclaimed evidence in . . .