Florida Statutes

Fla. Stat. § 932.701 (2025)

Short title; definitions.

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¹932.701 Short title; definitions.—

(1) Sections 932.701-932.7062 shall be known and may be cited as the “Florida Contraband Forfeiture Act.”

(2) As used in the Florida Contraband Forfeiture Act:

(a) “Contraband article” means:

1. Any controlled substance as defined in chapter 893 or any substance, device, paraphernalia, or currency or other means of exchange that was used, was attempted to be used, or was intended to be used in violation of any provision of chapter 893, if the totality of the facts presented by the state is clearly sufficient to meet the state’s burden of establishing probable cause to believe that a nexus exists between the article seized and the narcotics activity, whether or not the use of the contraband article can be traced to a specific narcotics transaction.

2. Any equipment, gambling device, apparatus, material of gaming, proceeds, substituted proceeds, real or personal property, Internet domain name, gambling paraphernalia, lottery tickets, money, currency, or other means of exchange which was obtained, received, used, attempted to be used, or intended to be used in violation of the gambling laws of the state, including any violation of chapter 24, part II of chapter 285, chapter 546, chapter 550, chapter 551, or chapter 849.

3. Any equipment, liquid or solid, which was being used, is being used, was attempted to be used, or intended to be used in violation of the beverage or tobacco laws of the state.

4. Any motor fuel upon which the motor fuel tax has not been paid as required by law.

5. Any personal property, including, but not limited to, any vessel, aircraft, item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, securities, books, records, research, negotiable instruments, or currency, which was used or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, whether or not comprising an element of the felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act.

6. Any real property, including any right, title, leasehold, or other interest in the whole of any lot or tract of land, which was used, is being used, or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act.

7. Any personal property, including, but not limited to, equipment, money, securities, books, records, research, negotiable instruments, currency, or any vessel, aircraft, item, object, tool, substance, device, weapon, machine, or vehicle of any kind in the possession of or belonging to any person who takes aquaculture products in violation of s. 812.014(2)(c).

8. Any motor vehicle offered for sale in violation of s. 320.28.

9. Any motor vehicle used during the course of committing an offense in violation of s. 322.34(9)(a).

10. Any photograph, film, or other recorded image, including an image recorded on videotape, a compact disc, digital tape, or fixed disk, that is recorded in violation of s. 810.145 and is possessed for the purpose of amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person.

11. Any real property, including any right, title, leasehold, or other interest in the whole of any lot or tract of land, which is acquired by proceeds obtained as a result of Medicaid fraud under s. 409.920 or s. 409.9201; any personal property, including, but not limited to, equipment, money, securities, books, records, research, negotiable instruments, or currency; or any vessel, aircraft, item, object, tool, substance, device, weapon, machine, or vehicle of any kind in the possession of or belonging to any person which is acquired by proceeds obtained as a result of Medicaid fraud under s. 409.920 or s. 409.9201.

12. Any personal property, including, but not limited to, any vehicle, item, object, tool, device, weapon, machine, money, security, book, or record, that is used or attempted to be used as an instrumentality in the commission of, or in aiding and abetting in the commission of, a person’s third or subsequent violation of s. 509.144, whether or not comprising an element of the offense.

(b) “Bona fide lienholder” means the holder of a lien perfected pursuant to applicable law.

(d) “Complaint” is a petition for forfeiture filed in the civil division of the circuit court by the seizing agency requesting the court to issue a judgment of forfeiture.

(e) “Person entitled to notice” means any owner, entity, bona fide lienholder, or person in possession of the property subject to forfeiture when seized, who is known to the seizing agency after a diligent search and inquiry.

(f) “Adversarial preliminary hearing” means a hearing in which the seizing agency is required to establish probable cause that the property subject to forfeiture was used in violation of the Florida Contraband Forfeiture Act.

(g) “Forfeiture proceeding” means a hearing or trial in which the court or jury determines whether the subject property shall be forfeited.

(h) “Claimant” means any party who has proprietary interest in property subject to forfeiture and has standing to challenge such forfeiture, including owners, registered owners, bona fide lienholders, and titleholders.

History.—ss. 1, 2, ch. 74-385; s. 1, ch. 80-68; s. 1, ch. 89-148; s. 1, ch. 92-54; s. 1, ch. 95-265; s. 31, ch. 96-247; s. 2, ch. 99-234; s. 69, ch. 99-248; s. 2, ch. 2004-39; s. 15, ch. 2004-344; s. 166, ch. 2008-4; s. 14, ch. 2011-119; s. 1, ch. 2016-179; s. 2, ch. 2018-49; s. 12, ch. 2021-269.

¹Note.—Section 15, ch. 2011-119, provides that “[t]he amendments made to ss. 509.144 and 932.701, Florida Statutes, and the creation of s. 901.1503, Florida Statutes, by this act do not affect or impede the provisions of s. 790.251, Florida Statutes, or any other protection or right guaranteed by the Second Amendment to the United States Constitution.”

Note.—Former s. 943.41.

Notes of Decisions

Cited in 193 cases (6 in the last 5 years), 1982–2025 · leading case: Velez v. Miami-dade Cnty. Police Dept., 934 So. 2d 1162 (Fla. 2006).

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Velez v. Miami-dade Cnty. Police Dept., 934 So. 2d 1162 (Fla. 2006). · cites it 18× “" § 932.701(2)(e), Fla. Stat. The second stage is a forfeiture proceeding "in which the court or jury determines whether the subject property shall be forfeited.”

Chuck v. City of Homestead Police Dept., 888 So. 2d 736 (Fla. 3d DCA 2004). · cites it 11× “The Florida Legislature adopted most of the requirements of Department of Law Enforcement when it enacted Florida Session Laws chapter 92-54 (codified at Fla. Stat. §§ 932.701-932.707 (Supp.1992)).”

City of Hollywood v. Mulligan, 934 So. 2d 1238 (Fla. 2006). · cites it 6× “§ 932.701(2)(a)(5), Fla. Stat. (2002) (emphasis added).”

Gomez v. Vill. of Pinecrest, 41 So. 3d 180 (Fla. 2010). · cites it 6× “§§ 932.701(2), 932.704(4), Fla. Stat. (2008).”

Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015). · cites it 6× “34 Given the language employed in these statutes, it is evident that the 33 § 932.701 provides in pertinent part: (2) As used in the Florida Contraband Forfeiture Act: (a) “Contraband article” means: .”

Tramel v. Stewart, 697 So. 2d 821 (Fla. 1997). · cites it 6× “§ 932.701, Fla.Stat. (1987). Of relevance here, section 932.”

Town of Oakland v. Mercer, 851 So. 2d 266 (Fla. 5th DCA 2003). · cites it 7× “See also § 932.701(2)(c), Fla. Stat. (2001). Because forfeiture statutes are to be strictly construed, Cochran v.”

City of Fort Lauderdale v. Baruch, 718 So. 2d 843 (Fla. 4th DCA 1998). · cites it 7× “See § 932.701(2)(a)5, Fla. Stat. (1995).”

Florida v. White, 526 U.S. 559 (1999). · cites it 2× “I On three occasions in July and August 1993, police officers observed respondent Tyvessel Tyvorus White using his car to deliver cocaine, and thereby developed probable cause to believe that his car was subject to forfeiture under the Florida Contraband Forfeiture Act (Act),…”

City, Indian Harbour Beach v. Damron, 465 So. 2d 1382 (Fla. 5th DCA 1985). · cites it 6× “[1] Section 932.701, Florida Statutes (1983) defines contraband for purposes of the Act.”

Dep't of Law Enf. v. Real Prop., 588 So. 2d 957 (Fla. 1991). · cites it 2× “The 1983 version of the Act, however, addressed only the seizure and forfeiture of personal property, and did not address the seizure and forfeiture of real property, which was added to the Act by chapter 89-148, Laws of Florida.”

DeGregorio v. Balkwill, 853 So. 2d 371 (Fla. 2003). · cites it 3× “) Section 932.701(2)(c) defines "promptly proceed" as "to file the complaint within 45 days after seizure.”

Show all 193 citing cases →

— 932.701(1) — 2 cases

City of Ormond Beach v. Kosmalski, 588 So. 2d 35 (Fla. 5th DCA 1991).

Ric L. Bradshaw, in his Off. capacity as the Sheriff of Palm Beach Cnty. v. Robert McCormick, Jr., 182 So. 3d 845 (Fla. 4th DCA 2016).

— 932.701(2) — 11 cases

Gomez v. Vill. of Pinecrest, 41 So. 3d 180 (Fla. 2010). “§§ 932.701(2), 932.704(4), Fla. Stat. (2008).”

City of Coral Springs v. Forfeiture of a 1997 Ford Ranger Pickup Truck VIN 1FTCR10A4VTA62475 FL Tag 3U16BDE, 803 So. 2d 847 (Fla. 4th DCA 2002).

One 1976 Dodge Van v. State, 447 So. 2d 984 (Fla. 1st DCA 1984).

Gonzalez v. City of Tampa, 106 So. 3d 47 (Fla. 2d DCA 2013).

Weisz v. Miami Shores Vill., 461 So. 2d 138 (Fla. 3d DCA 1984).

— 932.701(2)(a) — 51 cases

Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015). “34 Given the language employed in these statutes, it is evident that the 33 § 932.701 provides in pertinent part: (2) As used in the Florida Contraband Forfeiture Act: (a) “Contraband article” means: .”

Dep't of High. Saf. v. Rife, 950 So. 2d 1288 (Fla. 5th DCA 2007).

City of Coral Springs v. Forfeiture of a 1997 Ford Ranger Pickup Truck VIN 1FTCR10A4VTA62475 FL Tag 3U16BDE, 803 So. 2d 847 (Fla. 4th DCA 2002).

Gomez v. Vill. of Pinecrest, 41 So. 3d 180 (Fla. 2010). “§§ 932.701(2), 932.704(4), Fla. Stat. (2008).”

Campbell v. Racetrack Bingo, Inc., 75 So. 3d 321 (Fla. 1st DCA 2011).

— 932.701(2)(a)(1) — 3 cases

In Re Forfeiture of Seven Thou. & 00/100, 942 So. 2d 1039 (Fla. 2d DCA 2006).

Cloud v. State, 810 So. 2d 573 (Fla. 2d DCA 2002).

The State of Florida v. In Re: Forfeiture of 3,888.00 in U.S. Currency (Fla. 3d DCA 2021).

— 932.701(2)(a)(5) — 6 cases

City of Hollywood v. Mulligan, 934 So. 2d 1238 (Fla. 2006). “§ 932.701(2)(a)(5), Fla. Stat. (2002) (emphasis added).”

In Re Forfeiture of 1997 Jeep Cherokee, 898 So. 2d 223 (Fla. 2d DCA 2005).

Carbajal v. Forfeiture of U.S. Currency ,781.00: Miami-Dade Police Dep't, 36 So. 3d 747 (Fla. 3d DCA 2010).

Allen v. City of St. Petersburg, 898 So. 2d 223 (Fla. 2d DCA 2005).

Marolf & Marolf v. Miami-Dade Cnty., 172 So. 3d 450 (Fla. 3d DCA 2015).

— 932.701(2)(a)(9) — 2 cases

Dep't of High. Saf. & Motor Vehs. v. Karr, 798 So. 2d 8 (Fla. 1st DCA 2001).

State, Dept. of High. Saf. v. Tarman, 917 So. 2d 899 (Fla. 3d DCA 2005).

— 932.701(2)(a)(l) — 2 cases

David Gee, Sheriff of Hillsborough Cnty. v. Grantland, 203 So. 3d 992 (Fla. 2d DCA 2016).

Moreland v. The City of Fort Myers, 164 So. 3d 111 (Fla. 2d DCA 2015).

— 932.701(2)(b) — 1 case

Bay Cty. Sheriff's Off. v. Tfcu, 738 So. 2d 456 (Fla. 1st DCA 1999).

— 932.701(2)(c) — 12 cases

Town of Oakland v. Mercer, 851 So. 2d 266 (Fla. 5th DCA 2003). “See also § 932.701(2)(c), Fla. Stat. (2001). Because forfeiture statutes are to be strictly construed, Cochran v.”

DeGregorio v. Balkwill, 853 So. 2d 371 (Fla. 2003). “) Section 932.701(2)(c) defines "promptly proceed" as "to file the complaint within 45 days after seizure.”

Kern v. State, 706 So. 2d 1366 (Fla. 5th DCA 1998).

In Re Forfeiture of 1994 Honda Prelude, 730 So. 2d 334 (Fla. 5th DCA 1999).

Hernandez v. Kissimmee Police Dept., 901 So. 2d 420 (Fla. 5th DCA 2005).

— 932.701(2)(e) — 43 cases

Velez v. Miami-dade Cnty. Police Dept., 934 So. 2d 1162 (Fla. 2006). “" § 932.701(2)(e), Fla. Stat. The second stage is a forfeiture proceeding "in which the court or jury determines whether the subject property shall be forfeited.”

City of Fort Lauderdale v. Baruch, 718 So. 2d 843 (Fla. 4th DCA 1998). “See § 932.701(2)(a)5, Fla. Stat. (1995).”

City of St. Petersburg Beach v. Jewell, 489 So. 2d 78 (Fla. 2d DCA 1986).

City, Indian Harbour Beach v. Damron, 465 So. 2d 1382 (Fla. 5th DCA 1985). “[1] Section 932.701, Florida Statutes (1983) defines contraband for purposes of the Act.”

Chuck v. City of Homestead Police Dept., 888 So. 2d 736 (Fla. 3d DCA 2004). “The Florida Legislature adopted most of the requirements of Department of Law Enforcement when it enacted Florida Session Laws chapter 92-54 (codified at Fla. Stat. §§ 932.701-932.707 (Supp.1992)).”

— 932.701(2)(f) — 13 cases

Gomez v. Vill. of Pinecrest, 41 So. 3d 180 (Fla. 2010). “§§ 932.701(2), 932.704(4), Fla. Stat. (2008).”

Tramel v. Stewart, 697 So. 2d 821 (Fla. 1997). “§ 932.701, Fla.Stat. (1987). Of relevance here, section 932.”

Patel v. State, 141 So. 3d 1239 (Fla. 5th DCA 2014).

— 932.701(2)(g) — 11 cases

Gomez v. Vill. of Pinecrest, 41 So. 3d 180 (Fla. 2010). “§§ 932.701(2), 932.704(4), Fla. Stat. (2008).”

Orlando Sanchez v. City of West Palm Beach, 149 So. 3d 92 (Fla. 4th DCA 2014).

City of Coral Springs v. Forfeiture of a 1997 Ford Ranger Pickup Truck VIN 1FTCR10A4VTA62475 FL Tag 3U16BDE, 803 So. 2d 847 (Fla. 4th DCA 2002).

— 932.701(2)(h) — 10 cases

Cochran v. Jones, 707 So. 2d 791 (Fla. 4th DCA 1998).

Town of Oakland v. Mercer, 851 So. 2d 266 (Fla. 5th DCA 2003). “See also § 932.701(2)(c), Fla. Stat. (2001). Because forfeiture statutes are to be strictly construed, Cochran v.”

City of Fort Lauderdale v. Baruch, 718 So. 2d 843 (Fla. 4th DCA 1998). “See § 932.701(2)(a)5, Fla. Stat. (1995).”

— 932.701(9)(e) — 1 case

Velez v. Miami-dade Cnty. Police Dept., 881 So. 2d 1190 (Fla. 3d DCA 2004).

— 932.701(a)(9) — 1 case

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