Abandonment Laws in Florida: Property, Children, and Spouses

Abandonment laws in Florida cover a wide range of situations, and the rules change dramatically depending on what has been left behind. A tenant’s belongings, a vacant house, a bank account, a child, a newborn, a spouse, and a boat each trigger different statutes, different timelines, and different consequences. The word is the same; the law is not. What follows walks through the main contexts where “abandonment” has a specific legal meaning in Florida, so you can find the one that matches your situation.

When a Tenant Leaves Belongings Behind

If a tenant moves out or is evicted and leaves personal property behind, the landlord cannot throw it away on the spot. Florida Statute 715.104 requires written notice to the former tenant and anyone else the landlord reasonably believes owns the property.¹

The notice has to describe the property in enough detail for the owner to identify it, state where it is being stored, warn that reasonable storage fees may apply, and set a deadline to claim it. The deadline depends on how the notice is delivered: at least 10 days if hand-delivered, at least 15 days if mailed. A landlord who mails the notice but allows only 10 days has not met the statutory minimum, and that error can create liability if the disposal is later challenged.¹

While the claim period runs, the items must stay either on the vacated premises or in another secure location where the former tenant can actually retrieve them.²

What Happens If No One Claims the Property

If the tenant does not respond, the next step depends on resale value. Property the landlord reasonably believes is worth $500 or more must be sold at public auction with competitive bidding. The sale has to be advertised in a local newspaper once a week for two consecutive weeks, and the auction cannot happen until at least 10 days after the first publication. The ad has to describe the items, name the former tenant, and give the time and place of the sale.³

After the sale, the landlord deducts costs of storage, advertising, and running the auction. Any money left over goes to the county, and the former tenant has one year to claim it.⁴

Items worth less than $500 are easier to handle. The landlord can keep them, donate them, or discard them without an auction and without publishing any notice.³

Following the full statutory process gives the landlord a real liability shield. Under Section 715.11, the landlord is not liable to anyone who received the required notice, and liability to anyone who did not receive notice arises only if the landlord knew or should have known about that person’s interest and address.⁵

Abandoned Real Estate and Adverse Possession

When an owner walks away from land in Florida, someone else can eventually acquire legal title through adverse possession. Under Florida Statute 95.18, a person claiming without any written deed or court judgment must occupy the property openly, continuously, and hostilely to the owner’s interest for seven years. “Hostile” means the use is visible and without the owner’s permission.⁶

Living on the land is not enough. The claimant must pay all outstanding property taxes and special assessment liens within one year of entering possession and keep paying them every year after. They also have to file a uniform return with the county property appraiser on a form from the Department of Revenue. Miss that filing and the claim fails, no matter how many years have passed.⁶

Florida has also tightened the rules against squatters. Occupying a residential property solely on an adverse possession claim before filing the required return is trespass. Trying to lease that property to someone else while making the claim is theft. These provisions target people who move into vacant homes and rent them out to tenants who have no idea the “landlord” has no title.⁷

When a Parent Abandons a Child

Under Florida Statute 39.01, a child is “abandoned” when a parent or legal custodian who has the ability to contribute has made no significant contribution to the child’s care, or has failed to maintain a substantial and positive relationship with the child.⁸ There is no fixed number of days. Courts look at whether the parent’s efforts have been genuine or merely token. The statute specifically says that “marginal efforts and incidental or token visits or communications” do not count as maintaining a substantial relationship. Occasional texts or sporadic birthday cards are not enough.

Abandonment is an independent ground for permanently terminating parental rights under Florida Statute 39.806.⁹ A separate ground applies when a parent cannot be located after a diligent search of 60 days. The court distinguishes between a parent who truly cannot be reached despite real effort and one who is reachable but chooses not to participate. Because termination is permanent, the court requires clear and convincing evidence.

The Safe Haven Exception for Newborns

Florida Statute 383.50 carves out a legal path for a parent who feels unable to care for a newborn. A parent can surrender an infant the parent believes is approximately 30 days old or younger at any hospital, staffed fire station, or staffed emergency medical services station without facing criminal prosecution for abandonment. The statute expressly exempts surrendered newborns from the Chapter 39 definition of abandonment.¹⁰

Facilities accept surrendered infants through staffed intake or through infant safety devices designed for that purpose. A parent who cannot reach one of these locations can call 911 and arrange for emergency medical services to meet them, though the parent must stay with the infant until help arrives. A parent giving birth at a hospital can also notify staff during delivery that they intend to surrender.¹⁰

Spousal Abandonment Is Not a Ground for Divorce

Florida is a strictly no-fault divorce state. The only two grounds for dissolving a marriage are that the marriage is irretrievably broken or that one spouse has been adjudged mentally incapacitated for at least three years.¹¹ A spouse who has been left cannot file for divorce on an “abandonment” or “desertion” theory, because neither is a recognized ground.

Departure can still matter for alimony. Florida Statute 61.08 gives judges broad discretion to weigh the circumstances of the marriage, including each spouse’s financial resources, earning capacity, and contributions to the household.¹² The statute does not use the word “abandonment,” but a judge can consider the financial impact when one spouse walks out and stops contributing. Evidence that one partner left shared expenses, mortgage payments, or childcare costs behind can influence the amount and duration of alimony.

Unclaimed Money and Financial Accounts

Abandonment also applies to money. Under Florida’s Disposition of Unclaimed Property Act in Chapter 717, bank accounts, savings deposits, and credit union shares are presumed unclaimed after five years without any owner activity, which includes deposits, withdrawals, written correspondence, or documented phone calls to the institution. Life insurance proceeds and annuity funds follow the same five-year window, measured from the insured person’s death.¹³

Once property is presumed unclaimed, the institution turns it over to Florida’s Department of Financial Services. If you think the state is holding your money, you can file a claim with the department using a form that requires identity verification with a valid driver’s license and supporting documentation. A licensed Florida attorney, CPA, or private investigator can file on your behalf.¹³

Property Left on Public Land

Property abandoned on public land follows yet another process. Under Florida Statute 705.103, when a law enforcement officer finds abandoned property on public land that can be easily moved, the officer takes custody and makes a reasonable attempt to identify the owner. For larger items that cannot be easily moved, the officer posts a notice on the property giving the owner five days to remove it. If no one acts, the government disposes of the property and the owner is liable for removal, storage, and publication costs. Lost property turned in to law enforcement stays in the agency’s custody for 90 days before further disposition.¹⁴

Derelict Vessels in Florida Waters

Boats get their own rules. Under Section 823.11, a vessel is “derelict” if it is wrecked, junked, or substantially dismantled. A boat counts as substantially dismantled when at least two of its three core systems — steering, propulsion, or hull integrity — are missing or broken. Strapping a nonfunctional outboard motor onto a stripped hull does not save a vessel from that classification.¹⁵

Owners cannot leave a derelict boat in state waters for more than 24 hours. If a boating accident or unexpected incident caused the problem, the owner has seven days to remove or repair the vessel. After a hurricane, that window extends to 45 days. Law enforcement posts a 21-day notice on derelict vessels, and the owner has the right to a hearing to challenge the classification before removal begins.¹⁵

Extra Care When the Owner Is in the Military

Anyone disposing of abandoned property needs to be careful when the owner might be an active-duty servicemember. The federal Servicemembers Civil Relief Act bars anyone holding a storage lien from foreclosing on or enforcing it during the servicemember’s period of military service and for 90 days after, unless the lienholder first obtains a court order. The definition of “lien” is broad and covers liens for storage, repair, or cleaning of a servicemember’s property.¹⁶

If the court finds that the servicemember’s ability to pay is materially affected by military service, the judge can stay the proceedings or adjust the obligation. Knowingly violating these protections is a federal misdemeanor punishable by up to one year in prison, a fine, or both. Before disposing of property that might belong to someone in the military, verify the owner’s status. Getting it wrong creates both civil and criminal exposure.¹⁶

1
The Florida Legislature. Florida Code 715.104 – Notification of Former Tenant of Personal Property Remaining on Premises After Tenancy Has Terminated
2
Florida Senate. Florida Code 715.107 – Storage of Abandoned Property
3
The Florida Legislature. Florida Code 715.109 – Sale or Disposition of Abandoned Property
4
Florida Senate. Florida Code 715.105 – Form of Notice Concerning Abandoned Property to Former Tenant
5
Florida Senate. Florida Code Chapter 715 – Landlord and Tenant
6
The Florida Legislature. Florida Code 95.18 – Real Property Actions; Adverse Possession Without Color of Title
7
Florida Senate. Florida Code 95.18 – Real Property Actions; Adverse Possession Without Color of Title
8
The Florida Legislature. Florida Code 39.01 – Definitions
9
The Florida Legislature. Florida Code 39.806 – Grounds for Termination of Parental Rights
10
The Florida Legislature. Florida Code 383.50 – Treatment of Surrendered Newborn Infant
11
The Florida Legislature. Florida Code 61.052 – Dissolution of Marriage
12
The Florida Legislature. Florida Code 61.08 – Alimony
13
The Florida Legislature. Florida Code Chapter 717 – Disposition of Unclaimed Property Act
14
The Florida Legislature. Florida Code 705.103 – Abandoned or Lost Property
15
The Florida Legislature. Florida Code 823.11 – Derelict Vessels; Relocation or Removal; Penalty
16
Office of the Law Revision Counsel. 50 USC 3958 – Enforcement of Storage Liens