The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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To justify the continued seizure of Zarcadoolas's property, BSO had the burden of establishing probable cause to believe that the property was used in violation of the Forfeiture Act. See §§ 932.701(2)(f), .703(3)(a), (3)(c), Fla. Stat. (2020); Velez, 934 So.2d at 1164; City of Coral Springs, 803 So.2d at 850. BSO sought to meet this burden by showing that the property was "contraband" under section 932.701(2)(a)2. or section 932.701(2)(a)5. See § 932.702(2), Fla. Stat. (2020) (possession of any "contraband article" is a violation of the Forfeiture Act). Under those provisions, BSO needed to show that the property was used "in violation of the gambling laws of the state" or "as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony." § 932.701(2)(a)2., (2)(a)5., Fla. Stat. (2020).
Section 932.702(1), Fla. Stat., provides that it is unlawful to "transport, carry, or convey any contraband article in, upon, or by means of any vessel, motor vehicle, or aircraft." Florida law provides for the seizure and forfeiture of motor vehicles used for this purpose. See § 932.703, Fla. Stat.
It is unlawful to use any motor vehicle to facilitate the concealment or possession of any contraband article. § 932.702(3), (4), Fla. Stat. (2015). Section 932.701(2)(a) defines a contraband article as:
We note that the facts may implicate theories that the vehicle was used in connection with the concealment or possession of a contraband article or as an instrumentality in the commission of or in aiding and abetting the commission of a felony or violation of the Forfeiture Act. See § 932.702(2), (4). We also note that the statutory definition of contraband article would extend to drug paraphernalia in certain circumstances. See § 932.701(2)(a)(1). Because we resolve this case on the grounds stated in the text, we express no opinion on these theories and issues.
This case does not involve a criminal forfeiture. Instead, it was brought as an “in rem” civil forfeiture, pursuant to the FCFA, which makes it illegal to conceal or possess any contraband article, § 932.702(2), Florida Statutes (2013), or to acquire real or personal property by the use of proceeds obtained in violation of the FCFA, § 932.702(4), Florida Statutes (2013). The FCFA permits law enforcement agencies to seize any contraband article used in violation of the FCFA, and states that “[a]ll rights to, interest in, and title to contraband articles used in violation of [section] 932.702 shall immediately vest in the seizing law enforcement agency upon seizure.” § 932.703(1)(c), Fla. Stat. (2013). Personal property may be seized at the time of the violation, or subsequent to the violation, if the person entitled to notice is noticed of the right to an adversarial preliminary hearing, the purpose of which is to determine whether probable cause exists to believe that the property was used in violation of the FCFA. See§ 932.703(2)(a), Fla. Stat. (2013). The statute provides:
This case does not involve a criminal forfeiture. Instead, it was brought as an "in rem" civil forfeiture, pursuant to the FCFA, which makes it illegal to conceal or possess any contraband article, § 932.702(2), Florida Statutes (2013), or to acquire real or personal property by the use of proceeds obtained in violation of the FCFA, § 932.702(4), Florida Statutes (2013). The FCFA permits law enforcement agencies to seize any contraband article used in violation of the FCFA, and states that "[a]ll rights to, interest in, and title to contraband articles used in violation of [section] 932.702 shall immediately vest in the seizing law enforcement agency upon seizure." § 932.703(1)(c), Fla. Stat. (2013). Personal property may be seized at the time of the violation, or subsequent to the violation, if the person entitled to notice is noticed of the right to an adversarial preliminary hearing, the purpose of which is to determine whether probable cause exists to believe that the property was used in violation of the FCFA. See § 932.703(2)(a), Fla. Stat. (2013). The statute provides:
(5) ... acquire real or personal property by the use of proceeds obtained in violation of the [FCFA]. § 932.702, Fla. Stat. Thus, “property connected to a violation of the gambling laws ... is not per se ‘used, in violation of’ the FCFA.” Campbell v. Racetrack Bingo, Inc., 75 So.3d 321, 323 (Fla. 1st DCA 2011) (citing §§ 932.701–.706, Fla. Stat.). The FCFA “does not prohibit acquisition of property from proceeds from violation of the gambling laws, nor does the act subject property so acquired to forfeiture.” Id.; accord Sheriff of Seminole Cnty. v. Oliver, 59 So.3d 232, 234 (Fla. 5th DCA 2011) (holding that stolen checks could not be forfeited as traceable proceeds of a felony because they were not obtained as a result of a violation of the FCFA).
The Court's authority to order forfeiture of property for violations of [the gambling laws] is found within F.S. 895.05(3) and F.S. 932.702. Florida Statute 932.702 provides for the forfeiture of any property, real or personal, which constitutes or is derived from proceeds from any offense constituting “specified unlawful activity” .... A “specified unlawful activity” ... includes [violations of the gambling laws]. It further alleged that the affiant had “evidence that will show that the [Subject Properties] ... were purchased directly or indirectly with illegal proceeds or were purchased during the time frame of the racketeering activity and criminal violations whereas your affiant believes the funds would have been proceeds of the illegal activities of the AVOTW Enterprise.”
The FCFA is violated by any of the acts listed in section 932.702, Florida Statutes. Acquisition of property may be a violation of the FCFA if the property was acquired with proceeds from “a violation of the Florida Contraband Forfeiture Act.” § 932.702(5), Fla. Stat.; see also § 932.701(2)(a) 5., Fla. Stat. (defining contraband as property “acquired by proceeds obtained as a result of a violation of” the FCFA). However, the Act does not prohibit acquisition of property from proceeds from violation of the gambling laws, nor does the act subject property so acquired to forfeiture.
The FCFA is violated by any of the acts listed in section 932.702, Florida Statutes. Acquisition of property may be a violation of the FCFA if the property was acquired with proceeds from "a violation of the Florida Contraband Forfeiture Act." § 932.702(5), Fla. Stat.; see also § 932.701(2)(a)5., Fla. Stat. (defining contraband as property "acquired by proceeds obtained as a result of a violation of" the FCFA). However, the Act does not prohibit acquisition of property from proceeds from violation of the gambling laws, nor does the act subject property so acquired to forfeiture.
. . . . § 932.702(3), (4), Fla. Stat. (2015). Section 932.701(2)(a) defines a contraband article as: 1. . . .
. . . .” § 932.702(1). . . . See § 932.702(2), (4). . . .
. . . forfeiture, pursuant to the FCFA, which makes it illegal to conceal or possess any contraband article, § 932.702 . . . or to acquire real or personal property by the use of proceeds obtained in violation of the FCFA, § 932.702 . . . that “[a]ll rights to, interest in, and title to contraband articles used in violation of [section] 932.702 . . .
. . . forfeiture of property for violations of [the gambling laws] is found within F.S. 895.05(3) and F.S. 932.702 . . . Florida Statute 932.702 provides for the forfeiture of any property, real or personal, which constitutes . . . personal property by the use of proceeds obtained in violation of the Florida Contraband Forfeiture Act. § 932.702 . . . The violations of the Act are listed in section 932.702. . . .
. . . The FCFA is violated by any of the acts listed in section 932.702, Florida Statutes. . . . .” § 932.702(5), Fla. Stat.; see also § 932.701(2)(a)5., Fla. Stat. . . . violation of the FCFA which could apply in this case is the possession of contraband, prohibited by section 932.702 . . . contraband, “[a]ll rights to, interest in, and title to contraband articles used in violation of s.932.702 . . .
. . . the statutory definition of “contraband articles,” the possession of which is unlawful under section 932.702 . . . The violations of the Act are listed in section 932.702. . . . See § 932.702(2), Fla. Stat. (2009); see also § 932.703(l)(c), Fla. Stat. (2009). . . .
. . . The Florida Contraband Forfeiture Act Section 932.702(3) of the Act provides in relevant part that it . . .
. . . See §§ 932.701(2)(a)5., 932.702(4), Fla. Stat. (2000). . . . See §§ 932.701(2)(a)5., 932.702(4), Fla. Stat. (2000). . . .
. . . See §§ 932.702-.703, Fla. Stat. (2000). . . .
. . . found that Duckham used his car to facilitate the sale of contraband within the meaning of subsection 932.702 . . .
. . . unlawful to acquire real property by the use of proceeds obtained in violation of the Forfeiture Act, § 932.702 . . .
. . . Section 932.702(3) makes it unlawful: (3) To use any vessel, motor vehicle, aircraft, other personal . . . See § 932.702, Fla. Stat. (1995). . . .
. . . .” § 932.701(2)(a)5; 932.702(3), Fla. Stat. (1993). . . .
. . . The complaint for forfeiture alleged that the vehicle was used in violation of section 932.702, Florida . . .
. . . See §§ 932.702-.704, Fla.Stat. (1991). . . .
. . . FORFEITURE OF SUCH PROPERTY IF IT IS SEIZED AS CONTRABAND BY A LAW ENFORCEMENT AGENCY PURSUANT TO SECTION 932.702 . . .
. . . rights and interest in and title to contraband articles or contraband property used in violation of s. 932.702 . . .
. . . provides for forfeiture of any personal property “which has been or is being used in violation of section 932.702 . . .
. . . acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act. 932.702 . . . property; and any real property which has been or is being used in violation of any provision of s. 932.702 . . . rights and interest in and title to contraband articles or contraband property used in violation of s. 932.702 . . . rights and interest in and title to contraband articles or contraband property used in violation of s. 932.702 . . .
. . . rights and interest in and title to contraband articles or contraband property used in violation of s. 932.702 . . .
. . . seized certain pieces of computer equipment and, alleging the equipment was used in violation of section 932.702 . . .
. . . . § 932.702(3), Fla.Stat. (1987). . . .
. . . property; and any real property which has been or is being used in violation of any provision of s. 932.702 . . .
. . . Section 932.702 makes it unlawful to transport, conceal or possess any contraband article. . . . ... and other personal property which has been or is being used in violation of any provision of s. 932.702 . . .
. . . rights and interest in and title to contraband articles or contraband property used in violation of s. 932.702 . . . FORFEITURE OF SUCH PROPERTY IF IT IS SEIZED AS CONTRABAND BY A LAW ENFORCEMENT AGENCY PURSUANT TO SECTION 932.702 . . .
. . . Cren-shaw addressed sections 932.701(2)(a)-(d), 932.702(1)-(4), and 932.703 of the Florida Statutes ( . . .
. . . Sections 932.701-932.704 shall be known and may be cited as the “Florida Contraband Forfeiture Act.” 932.702 . . . aircraft, and other personal property which has been or is being used in violation of any provision of s. 932.702 . . . The district court rejected the state’s claim that section 932.702(4), a 1980 amendment to the forfeiture . . . Contraband Transportation Act” to “Florida Contraband Forfeiture Act,” and adding paragraph (4) to section 932.702 . . . Section 932.702(4), added in 1980, makes it unlawful “to conceal or possess any contraband article.” . . .
. . . forfeited to the City of Fort Lauderdale, Florida, for the use of or sale by the City pursuant to Section 932.702 . . .
. . . part: Any ... motor vehicle ... which has been or is being used in violation of any provision of s. 932.702 . . .
. . . appeals a final judgment in favor of the Goodwins in a forfeiture proceeding brought to enforce section 932.702 . . .
. . . The petition alleged that the automobile had been used in violation of section 932.702. . . .
. . . Kinard asserted a myriad of possible lien claims pursuant to §§ 932.702, 932.703, Fla.Stat. (1985). . . .
. . . Sections 932.701(2)(a) and (e), 932.702(4), and 932.703(1), Florida Statutes (1985). . . .
. . . , although all rights and interest in and title to contraband articles used in violation of section 932.702 . . .
. . . Section 932.702(3) provides: “It is unlawful ... (3) to use any ... motor vehicle, ... to facilitate . . .
. . . automobile to the Pensacola Police Department pursuant to its petition to show cause under sections 932.701, 932.702 . . . Section 932.702 provides that: It is unlawful: (1) To transport, carry, or convey any contraband article . . . aircraft, and other personal property which has been or is being used in violation of any provision of s. 932.702 . . . rights and interest in and title to contraband articles or contraband property used in violation of s. 932.702 . . . The addition of subpara-graph (4) to section 932.702, making it unlawful simply to “conceal or possess . . .
. . . Section 932.702 makes it unlawful to transport, carry, or convey any contraband article upon any vessel . . . Section 932.703 provides for the seizure of a vessel used in violation of Section 932.702 and makes the . . .
. . . purchase, sale, barter, exchange or giving away of any contraband article, in violation of Section 932.702 . . .
. . . Stat. (1983), and is subject to forfeiture under s. 932.702 which makes it unlawful to transport, carry . . . If the handgun was contraband, then section 932.702, Florida Statutes (1983), provides that it is unlawful . . .
. . . Florida Statute § 932.702(3) states that it is unlawful “[t]o use any vessel, motor vehicle or aircraft . . .
. . . employed as an instrumentality in the commission of ... any felony”; or second, if, as provided in section 932.702 . . .
. . . Section 932.702 makes it unlawful to transport any contraband article upon any vessel. . . . for the forfeiture of any vessel and other personal property which has been used in violation of § 932.702 . . .
. . . : (1) Any ... motor vehicle ... which has been oi is being used in violation of any provision of s. 932.702 . . . rights and interests in and title to contraband articles or contraband property used in violation of s. 932.702 . . .
. . . found that Duckham used his car to facilitate the sale of contraband within the meaning of subsection 932.702 . . . a literal reading of the language contained in Section 943.42, Florida Statutes (1975) [now section 932.702 . . . Section 2 added paragraph (4) to section 932.702, making it unlawful to “conceal or possess any contraband . . . ADKINS, J., dissents. . § 932.702(3), Fla.Stat. (1981), states that it is unlawful "[t]o use any vessel . . .
. . . transportation, concealment and possession of a felony amount of methaqualone in violation of section 932.702 . . . 932.701-932.704, "contraband article" means: (a) Any controlled substance as defined in chapter 893.... 932.702 . . . aircraft, and other personal property which has been or is being used in violation of any provision of s. 932.702 . . .
. . . Section 932.702, Florida Statutes (1983), provides: It is unlawful: (1) To transport, carry, or convey . . . state that “any ... motor vehicle ... which has been ... used in violation of any provision of Section 932.702 . . .
. . . See § 932.702, Fla.Stat. (1981). . . .
. . . Volkswagen which was allegedly used to facilitate the sale of contraband (cocaine) in violation of Section 932.702 . . . find that Duckham used his vehicle to facilitate the sale of contraband within the meaning of Section 932.702 . . . Section 932.702(3) provides: “It is unlawful: (3) to use any vessel, motor vehicle, or aircraft to facilitate . . . aircraft, and other personal property which has been or is being used in violation of any provision of s. 932.702 . . .
. . . owner as defined and contemplated under the Florida Forfeiture Statute, Florida Statute § 932.701, 932.702 . . .
. . . specially concurring: I concur in the reversal of the trial court, but I do not agree that section 932.702 . . . Section 932.702(1) is an appropriate authority for this case. . . . Under Section 932.702(3), it is unlawful to use a motor vehicle to facilitate the sale of any contraband . . . the seizure of any motor vehicle “which has been or is being used in violation of any provision of s. 932.702 . . .
. . . : (1) Any ... motor vehicle ... which has been or is being used in violation of any provision of s. 932.702 . . . rights and interests in and title to contraband articles or contraband property used in violation of s. 932.702 . . .
. . . . § 932.702, Fla.Stat. (1981). . . .
. . . . § 932.702(3), Fla. Stat. (1981). See Hardcastle v. . . .
. . . . § 932.702 (1981),” or that any “violation ... took place in, upon and by means of said property_” The . . . instrumentality in the commission of, or in aiding or abetting in the commission of, any felony. . § 932.702 . . . aircraft, and other personal property which has been or is being used in violation of any provision of s. 932.702 . . . rights and interest in and title to contraband articles or contraband property used in violation of s. 932.702 . . .
. . . Contraband Forfeiture Act directs the forfeiture of any motor vehicle used in violation of section 932.702 . . . Certain federal courts have construed 49 U.S.C. § 781, which contains the same wording as section 932.702 . . .
. . . . § 932.702, Florida Statutes (1981). . . . UPCHURCH, Jr., JJ., concur. . § 932.702, Florida Statutes (1981), provides that: It is unlawful: (1) . . .
. . . facts, logically deducted the conclusion that appellant unlawfully transported, carried or conveyed (§ 932.702 . . .
. . . Section 932.702(4) makes it unlawful to conceal or possess any contraband article. . . . provides for the seizure of any contraband article involved in violation of any provision of section 932.702 . . . The second sentence provides that title to contraband articles used in violation of section 932.702 should . . . an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony. 932.702 . . . rights and interest in and title to contraband articles or contraband property used in violation of s. 932.702 . . .
. . . The automobile driven by appellee was then seized by the officers pursuant to sections 932.702 and 932.703 . . .
. . . Section 932.702(3), Florida Statutes (1981), makes it unlawful to use any motor vehicle to facilitate . . .
. . . was used in a manner to facilitate the purchase, sale, etc., of contraband so as to violate Section 932.702 . . . Section 932.702(3), makes it unlawful [t]o use any vessel, motor vehicle, or aircraft to facilitate the . . . aircraft, and other personal property which has been or is being used in violation of any provision of s. 932.702 . . . rights and interest in and title to contraband articles or contraband property used in violation of s. 932.702 . . .
. . . that the evidence was insufficient to show that the vehicle was being used in violation of section 932.702 . . . Subsection (3) of section 932.702 makes it unlawful: (3) To use any vessel, motor vehicle, or aircraft . . . provides for forfeiture of any motor vehicle “which has been or is being used in violation of” section 932.702 . . . a result, the 1980 legislature expanded the grounds for forfeiture by enacting the present section 932.702 . . .
. . . commission of, or in aiding or abetting in the commission of, any felony, (emphasis added) Section 932.702 . . . 932.703 outlines the procedure for the forfeiture of any contraband article used in violation of section 932.702 . . . aircraft, and other personal property which has been or is being used in violation of any provision of s.932.702 . . . rights and interest in and title to contraband articles or contraband property used in violation of s.932.702 . . .