Florida Statutes

Fla. Stat. § 893.12 (2025)

Contraband; seizure, forfeiture, sale.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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893.12 Contraband; seizure, forfeiture, sale.—

(1) All substances controlled by this chapter and all listed chemicals, which substances or chemicals are handled, delivered, possessed, or distributed contrary to any provisions of this chapter, and all such controlled substances or listed chemicals the lawful possession of which is not established or the title to which cannot be ascertained, are declared to be contraband, are subject to seizure and confiscation by any person whose duty it is to enforce the provisions of the chapter, and shall be disposed of as follows:

(a) Except as in this section otherwise provided, the court having jurisdiction shall order such controlled substances or listed chemicals forfeited and destroyed. A record of the place where said controlled substances or listed chemicals were seized, of the kinds and quantities of controlled substances or listed chemicals destroyed, and of the time, place, and manner of destruction shall be kept, and a return under oath reporting said destruction shall be made to the court by the officer who destroys them.

(b) Upon written application by the Department of Health, the court by whom the forfeiture of such controlled substances or listed chemicals has been decreed may order the delivery of any of them to said department for distribution or destruction as hereinafter provided.

(c) Upon application by any hospital or laboratory within the state not operated for private gain, the department may, in its discretion, deliver any controlled substances or listed chemicals that have come into its custody by authority of this section to the applicant for medical use. The department may from time to time deliver excess stocks of such controlled substances or listed chemicals to the United States Drug Enforcement Administration or destroy same.

(d) The department shall keep a full and complete record of all controlled substances or listed chemicals received and of all controlled substances or listed chemicals disposed of, showing:

1. The exact kinds, quantities, and forms of such controlled substances or listed chemicals;

2. The persons from whom received and to whom delivered;

3. By whose authority received, delivered, and destroyed; and

4. The dates of the receipt, disposal, or destruction,

which record shall be open to inspection by all persons charged with the enforcement of federal and state drug abuse laws.

(2)(a) Any vessel, vehicle, aircraft, or drug paraphernalia as defined in s. 893.145 which has been or is being used in violation of any provision of this chapter or in, upon, or by means of which any violation of this chapter has taken or is taking place may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

(b) All real property, including any right, title, leasehold interest, and other interest in the whole of any lot or tract of land and any appurtenances or improvements, which real property is used, or intended to be used, in any manner or part, to commit or to facilitate the commission of, or which real property is acquired with proceeds obtained as a result of, a violation of any provision of this chapter related to a controlled substance described in s. 893.03(1) or (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act except that no property shall be forfeited under this paragraph to the extent of an interest of an owner or lienholder by reason of any act or omission established by that owner or lienholder to have been committed or omitted without the knowledge or consent of that owner or lienholder.

(c) All moneys, negotiable instruments, securities, and other things of value furnished or intended to be furnished by any person in exchange for a controlled substance described in s. 893.03(1) or (2) or a listed chemical in violation of any provision of this chapter, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of any provision of this chapter or which are acquired with proceeds obtained in violation of any provision of this chapter may be seized and forfeited as provided by the Florida Contraband Forfeiture Act, except that no property shall be forfeited under this paragraph to the extent of an interest of an owner or lienholder by reason of any act or omission established by that owner or lienholder to have been committed or omitted without the knowledge or consent of that owner or lienholder.

(d) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, or which are acquired with proceeds obtained, in violation of any provision of this chapter related to a controlled substance described in s. 893.03(1) or (2) or a listed chemical may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

(e) If any of the property described in this subsection:

1. Cannot be located;

2. Has been transferred to, sold to, or deposited with, a third party;

3. Has been placed beyond the jurisdiction of the court;

4. Has been substantially diminished in value by any act or omission of the defendant; or

5. Has been commingled with any property which cannot be divided without difficulty,

the court shall order the forfeiture of any other property of the defendant up to the value of any property subject to forfeiture under this subsection.

(3) Any law enforcement agency is empowered to authorize or designate officers, agents, or other persons to carry out the seizure provisions of this section. It shall be the duty of any officer, agent, or other person so authorized or designated, or authorized by law, whenever she or he shall discover any vessel, vehicle, aircraft, real property or interest in real property, money, negotiable instrument, security, book, record, or research which has been or is being used or intended to be used, or which is acquired with proceeds obtained, in violation of any of the provisions of this chapter, or in, upon, or by means of which any violation of this chapter has taken or is taking place, to seize such vessel, vehicle, aircraft, real property or interest in real property, money, negotiable instrument, security, book, record, or research and place it in the custody of such person as may be authorized or designated for that purpose by the respective law enforcement agency pursuant to these provisions.

(4) The rights of any bona fide holder of a duly recorded mortgage or duly recorded vendor’s privilege on the property seized under this chapter shall not be affected by the seizure.

History.—s. 12, ch. 73-331; ss. 10, 11, ch. 74-385; s. 471, ch. 77-147; s. 185, ch. 79-164; s. 4, ch. 80-30; s. 9, ch. 80-68; s. 5, ch. 89-148; s. 4, ch. 91-279; s. 1444, ch. 97-102; s. 1, ch. 98-395; s. 303, ch. 99-8; s. 13, ch. 99-186; s. 21, ch. 2000-320; s. 17, ch. 2004-11; s. 12, ch. 2015-34; ss. 33, 48, ch. 2016-105.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1974–2025 · leading case: Griffis v. State, 356 So. 2d 297 (Fla. 1978).

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Griffis v. State, 356 So. 2d 297 (Fla. 1978). · cites it 4× “44, Florida Statutes (1975), was originally contained in Section 893.12, Florida Statutes (1973), enacted by the Legislature as part of Chapter 73-331, Laws of Florida.”

William Stoianoff D/B/A the Jt. Effort, Plaintiff-Appellant/cross-Appellee v. State of Montana, Defendants-Appellees/cross-Appellants, 695 F.2d 1214 (9th Cir. 1983). “1980)); Florida (Fla.Stat. 893.12, 893.145, -.146 (Supp.1982)); Georgia (Ga.”

State v. Newman, 696 P.2d 856 (Idaho 1985). “17-A, § 1111-A (Supp.1982)); Maryland (Md.Ann.Code, art.”

Forlaw v. Fitzer, 456 So. 2d 432 (Fla. 1984). · cites it 2× “However, the respondent urges in his argument to this Court that the facts alleged in the complaint would support the conclusion that the defendant violated a law, section 893.12, Florida Statutes (1977). A physician who prescribes a controlled drug in bad faith or outside the…”

Gordon v. State, 139 So. 3d 958 (Fla. 2d DCA 2014). “Second, there is forfeiture pursuant to section 893.12. Third, there are mandatory and discretionary court costs imposed by chapter 938 of the Florida statutes, which can amount to a significant sum in their own right.”

In Re Prop. Seized From Bly, 456 N.W.2d 195 (Iowa 1990). “, Fla.Stat.Ann. §§ 893.12(2)(b), 932.701(2)(f) (Harrison Supp.”

State v. Albury, 453 So. 2d 461 (Fla. 4th DCA 1984). · cites it 4× “We need not decide whether a section 893.12(1) violation exists to resolve this appeal because we find that suppression of evidence under the exclusionary rule is an inappropriate sanction for such an alleged statutory violation.”

State v. Bowden, 538 So. 2d 83 (Fla. 2d DCA 1989). · cites it 2× “§ 893.12, Fla. Stat. (1987). Because Bowden's motion to suppress challenges the seized contraband as obtained from an unlawful search and we have found the search to be lawful, we reverse the order suppressing the seized cocaine.”

In re Forfeiture of 1972 Porsche 2 Dr., '74 Florida License Tag Id 91780 Vin 9111200334, 307 So. 2d 451 (Fla. 3d DCA 1975). · cites it 3× “Thereafter, the state filed a petition for a rule to show cause why the appellee should not forfeit his automobile to the use of or sale by the Dade Public Safety Department in accordance with Fla.Stat. § 893.12(2) and (5), F.S.A. A hearing was held at which time the court…”

In Re Amendments to the Florida Prob. Rules, 181 So. 3d 480 (Fla. 2015). · cites it 2× “Statutory References § 893.12, Fla. Stat. Capacity; appointment of guardian advocate.”

Agresta v. City of Maitland, 159 So. 3d 876 (Fla. 5th DCA 2015). “See §§ 893.12(2)(b); 932.701(2)(a)6., Fla. Stat.”

Hoover v. State ex rel. Eagan, 409 So. 2d 123 (Fla. 5th DCA 1982). · cites it 2× “-44 was originally contained in section 893.12, Florida Statutes (1975).”

Show all 17 citing cases →

— 893.12(1) — 1 case

State v. Albury, 453 So. 2d 461 (Fla. 4th DCA 1984). “We need not decide whether a section 893.12(1) violation exists to resolve this appeal because we find that suppression of evidence under the exclusionary rule is an inappropriate sanction for such an alleged statutory violation.”

— 893.12(2) — 3 cases

In re Forfeiture of 1972 Porsche 2 Dr., '74 Florida License Tag Id 91780 Vin 9111200334, 307 So. 2d 451 (Fla. 3d DCA 1975). “Thereafter, the state filed a petition for a rule to show cause why the appellee should not forfeit his automobile to the use of or sale by the Dade Public Safety Department in accordance with Fla.Stat. § 893.12(2) and (5), F.S.A. A hearing was held at which time the court…”

Grimm v. State, 305 So. 2d 252 (Fla. 1st DCA 1974).

Sosa v. State, 341 So. 2d 1078 (Fla. 3d DCA 1977).

— 893.12(2)(b) — 2 cases

In Re Prop. Seized From Bly, 456 N.W.2d 195 (Iowa 1990). “, Fla.Stat.Ann. §§ 893.12(2)(b), 932.701(2)(f) (Harrison Supp.”

Agresta v. City of Maitland, 159 So. 3d 876 (Fla. 5th DCA 2015). “See §§ 893.12(2)(b); 932.701(2)(a)6., Fla. Stat.”

— 893.12(l)(a) — 1 case

— 893.12(l)(e) — 1 case

State v. Jenkins, 584 So. 2d 127 (Fla. 4th DCA 1991).

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