Florida Statute 932.701 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 932
PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW

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F.S. 932.701

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.

F.S. 932.701 on Google Scholar

F.S. 932.701 on Casetext

Amendments to 932.701

Arrestable Offenses / Crimes under Fla. Stat. 932.701

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 932.701.

Annotations, Discussions, Cases:

Cases Citing Statute 932.701

Total Results: 20

Jane Jeischa Aldana Perez, as Personal Representative of the Estate of Jhourdan Hernandez v. Gregory Tony as Sherriff of Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-03T00:00:00-07:00

Snippet: suspected insurance fraud scheme under section 932.701(2)(a)5., Florida Statutes (2022); and second, because…the Florida Contraband Forfeiture Act, sections 932.701– 7062, Florida Statutes (2022) (“the Forfeiture…the cash was subject to forfeiture under section 932.701(2)(a)5. because it “was used or was attempted to

MARTIN J. ZARCADOOLAS v. GREGORY TONY, as Sheriff of Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-03T23:53:00-08:00

Snippet: “contraband articles” under sections 932.701(2)(a)2. and 932.701(2)(a)5. See § 932.703(2), Fla. Stat. …property was “contraband” under section 932.701(2)(a)2. or section 932.701(2)(a)5. See § 932.702(2), Fla. Stat…of a felony, as required by sections 932.701(2)(a)2. and 932.701(2)(a)5. Detective B’s mere suspicion …the Florida Contraband Forfeiture Act, sections 932.701–.7062, Florida Statutes (2020) (“the Forfeiture…used in violation of the Forfeiture Act. See §§ 932.701(2)(f), .703(3)(a), (3)(c), Fla. Stat. (2020); Velez

THE STATE OF FLORIDA v. IN RE: FORFEITURE OF $133,888.00 IN U.S. CURRENCY

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-06T00:53:00-07:00

Snippet: the Florida Contraband Forfeiture Act, section 932.701, Florida Statutes, probable cause is established…traced to a specific narcotics transaction.” § 932.701(2)(a)(1), Fla. Stat. The State must show, “the

VICTOR R. GRIFFIN v. CITY OF SWEETWATER POLICE DEPARTMENT

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-17T00:53:00-07:00

Snippet: Contraband Forfeiture Act. See Fla. Stat. §§ 932.701-932.7062. Appellant alleged a wide array of bases

MARIA SERRET TEJADA v. FORFEITURE OF 2015 CADILLAC ESCALADE VIN NO: 1GYS4BKJ5FR157228

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-03T00:53:00-07:00

Snippet: the Escalade was not contraband under section 932.701, Florida Statutes (2016). The trial court denied…Escalade is not contraband pursuant to section 932.701. She contends because she was not convicted of …contraband under this section. We disagree. Section 932.701 defines contraband as: Any personal property…the Florida Contraband Forfeiture Act. § 932.701(2)(a)5., Fla. Stat. (2016). The statute does not…subject to forfeiture proceedings pursuant to ss. 932.701-932.704.” § 319.33(6), Fla. Stat. Even if it could

MICHAEL HUDSON v. CITY OF SUNRISE

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-13T23:53:00-08:00

Snippet: the forfeiture proceeding under sections 932.701(2)(g), 932.701(2)(h), and 932.704. See Velez, 934 So. …used in violation of the Forfeiture Act. § 932.701(2)(f), Fla. Stat. The Forfeiture Act provides… after a diligent search and inquiry.” § 932.701(2)(e), Fla. Stat. The second stage is a forfeiture…subject property shall be forfeited.” § 932.701(2)(g), Fla. Stat. At the forfeiture proceeding…hearing. A claimant is defined in section 932.701(2)(h) as “any party who has proprietary interest

Brevard County Sheriff's Office v. Brown

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-03T00:00:00-08:00

Citation: 208 So. 3d 1281, 2017 WL 456933, 2017 Fla. App. LEXIS 1257

Snippet: Florida Contraband Forfeiture Act (FCFA). See §§ 932.701-.706, Fla. Stat. (2015). At the adversarial preliminary…the FCFA.” Patel, 141 So.3d at 1242; see also §§ 932.701(2)(a)12.(f), 932.703(2)(a), Fla. Stat. (2015). … § 932.702(3), (4), Fla. Stat. (2015). Section 932.701(2)(a) defines a contraband article as: 1. Any controlled… traced to a specific narcotics transaction. § 932.701(2)(a)l., Fla. Stat. (2015). Methamphetamine is …contraband articles under the FCFA. See *1284§ 932.701(2)(a), Fia. Stat. (2015). Because possession of

David Gee, Sheriff of Hillsborough County v. Grantland

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-09T00:00:00-08:00

Citation: 203 So. 3d 992

Snippet: Pursuant to the Florida Contraband Forfeiture Act, §§ 932.701-.7062, Fla. Stat. (2014) (the Forfeiture Act), …controlled substance as defined in chapter 893.” § 932.701(2)(a)(l). Heroin is a controlled substance under…possession of any contraband article defined in s, 932.701(2)(a) constitutes a felony, the ,.. motor …giving away of a contraband article defined in s. 932.701(2). (Emphasis added.) Possession of heroin…in certain circumstances. See § 932.701(2)(a)(l). Because we resolve this case on the grounds

Underwood v. State Ex Rel. County of Pinellas Ex Rel. Pinellas County Sheriff's Office

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-10T00:00:00-07:00

Citation: 210 So. 3d 78

Snippet: vehicle “was used in violation of the [Act].” § 932.701(2)(f). At the adversarial evidentiary hearing…and BLACK, JJ., concur. 1 . §§ 932.701-.706, Fla. Stat (2010). 2 . Section…taken. 4 . We observe that section 932.701(2)(g) defines "forfeiture proceeding” to mean

Ric L. Bradshaw, in his official capacity as the Sheriff of Palm Beach County v. Robert McCormick, Jr.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-06T00:00:00-08:00

Citation: 182 So. 3d 845

Snippet: forfeiture pursuant to ss. 932.701-932.704,” the Florida Contraband Forfeiture Act. § 932.701(1), Fla. Stat. (2014…instrumentality in the commission of ... any felony.” § 932.701(2)(a)5., Fla. Stat. (2014). Operating under

Flagg v. Grady Judd, Sheriff

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-09T00:00:00-08:00

Citation: 198 So. 3d 665

Snippet: Florida Contraband Forfeiture Act. See §§ 932.701-.706, Fla. Stat. (2013). *667 As

Connolly, Jr. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-29T00:00:00-07:00

Citation: 172 So. 3d 893, 2015 Fla. App. LEXIS 11352

Snippet: enacting certain forfeiture legislation. See e.g., § 932.701(2)(a), Fla. Stat. (2015)33; § 831.033, Fla. Stat…firearm and the commission of the crime. . § 932.701 provides in pertinent part: (2) As used in the …seized and is subject to forfeiture pursuant to ss. 932.701-932.704. . The standard jury instruction on principals

Edwin Matos v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-17T00:00:00-07:00

Citation: 190 So. 3d 115

Snippet: definition of “contraband article,” see § 932.701(2)(a)5., *117 Fla. Stat. (2014), …or not comprising an element of the felony.” § 932,701(2)(a)5, The relevant language has not been amended

Miami-Dade County v. Forfeiture of $26,474.00 in U.S. Currency

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-13T00:00:00-07:00

Citation: 172 So. 3d 455

Snippet: the Florida Contraband Forfeiture Act, Sections 932.701-932.707, Florida Statutes (2013), is reviewed … employed in criminal activity”). Section 932.701(2)(a)l. specifically directs courts to consider

Moreland v. The City of Fort Myers

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-08T00:00:00-07:00

Citation: 164 So. 3d 111

Snippet: money seized during the search. See §§ 932.701-.706, Fla. Stat. (2011). The petition álleged that…traced to a specific narcotics transaction. § 932.701(2)(a)(l). The circuit court found probable

Agresta v. City of Maitland

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-20T00:00:00-08:00

Citation: 159 So. 3d 876, 2015 Fla. App. LEXIS 2189, 2015 WL 710976

Snippet: forfeiture under the FCFA. See §§ 893.12(2)(b); 932.701(2)(a)6., Fla. Stat. (2008). In determining the …disproportional to the gravity of his offense. . §§ 932.701-706, Fla. Stat. (2008). . Unlike the majority

Marolf & Marolf v. Miami-Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-11T00:00:00-08:00

Citation: 172 So. 3d 450

Snippet: the Florida Contraband Forfeiture Act, sections 932.701-932.706, Florida Statutes (2014). A. COUNT… the Florida Contraband Forfeiture Act. § 932.701(2)(a)(5), Fla. Stat. (2014) (emphasis added). …purposes, the relevant provision is subsection 932.701(2)(a)(5.) which, as described earlier, defines …traced to a specific narcotics transaction. § 932.701(2)(a)(l.) (emphasis added). As can be seen…applicable to Count I of the Complaint (section 932.701(2)(a)(5.)), does not include the forward-looking

Orlando Sanchez v. City of West Palm Beach

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-03T00:00:00-07:00

Citation: 149 So. 3d 92

Snippet: under the Florida Contraband Forfeiture Act, §§ 932.701-932.706, Florida Statutes (2013) (the “Act”), Orlando… 934 So.2d 1162, 1164 (Fla.2006) (quoting § 932.701(2)(g), Fla. Stat. (2002)). While now codified

Ezra Mostowicz v. Scott J. Israel, Sheriff of Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-23T00:00:00-07:00

Citation: 142 So. 3d 976, 2014 WL 3605527, 2014 Fla. App. LEXIS 11185

Snippet: pursuant to the Florida Contraband Forfeiture Act, §§ 932.701-932.706, Florida Statutes (2009). Thereafter, the

Patel v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-27T00:00:00-07:00

Citation: 141 So. 3d 1239

Snippet: 184 (quoting Velez, 934 So.2d at 1164 (citing § 932.701(2)(f), Fla. Stat. (2002))). The second stage is…subject property will be forfeited. Id.; see also §§ 932.701(2)(g) and 932.704, Fla. Stat. (2013). The various…paragraph (a), contraband articles set forth in s. 932.701 (2)(a)7. used in violation of any provision of …REVERSED. PALMER and EVANDER, JJ., concur. . See §§ 932.701-.706, Fla. Stat. (2013). . But see Alascia v.