CopyCited 28 times | Published | Supreme Court of Florida | 1997 WL 430004
...red by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act. (Emphasis added.) [7] Further, the amendments made it unlawful to acquire real property by the use of proceeds obtained in violation of the Forfeiture Act, § 932.702, Fla....
CopyCited 18 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 432, 2010 Fla. LEXIS 1116, 2010 WL 2680276
...ed to require a seizing agency to establish the owner's actual or constructive knowledge at the seizure stage of a proceeding. In doing so, we explain why we approve the reasoning of the Third District in Gomez. The Florida Contraband Forfeiture Act Section 932.702(3) of the Act provides in relevant part that it is unlawful "[t]o use any ......
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1989 WL 194
...The appellant subsequently filed a petition seeking forfeiture of the automobile pursuant to the Florida Contraband Forfeiture Act, sections
932.701 through
932.704, Florida Statutes (1987). The petition alleged that the automobile had been used in violation of section
932.702....
CopyCited 11 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 593
...n in the car, and Duckham used the car solely to transport himself to the restaurant where he struck the deal and then to his apartment, the district court found that Duckham used his car to facilitate the sale of contraband within the meaning of subsection 932.702(3), Florida Statutes (1981)....
...stances for distribution and not for personal possession and consumption."
356 So.2d at 302. In discerning this legislative intent the Court stated: Although a literal reading of the language contained in Section 943.42, Florida Statutes (1975) [now section
932.702], would support the trial court's finding that the statute does not require that a vehicle be used in an illegal drug....
...After Griffis, the legislature amended sections
932.701-.704 [4] heavily. Ch. 80-68, Laws of Fla. Section 1 of chapter 80-68, among other things, amended the act's title from "Florida Uniform Contraband Transportation Act" to "Florida Contraband Forfeiture Act." Section 2 added paragraph (4) to section
932.702, making it unlawful to "conceal or possess any contraband article." (Emphasis supplied.) Sections 3 and 4 of chapter 80-68 set out extensive amendments to sections
932.703 and
932.704....
...Other issues remain, however, and the case should be remanded to the trial judge for a ruling on Duckham's other defenses. The district court is directed to do so. It is so ordered. BOYD, C.J., and OVERTON, EHRLICH and SHAW, JJ., concur. ADKINS, J., dissents. NOTES [1] § 932.702(3), Fla....
CopyCited 11 times | Published | Supreme Court of Florida | 1992 WL 348293
...portance: DOES A BONA FIDE PURCHASER OF ALLEGED CONTRABAND PROPERTY IN WHICH HE HAS EQUITABLE BUT *25 NOT PERFECTED INTEREST HAVE STANDING TO CONTEST A FORFEITURE OF SUCH PROPERTY IF IT IS SEIZED AS CONTRABAND BY A LAW ENFORCEMENT AGENCY PURSUANT TO SECTION 932.702, FLORIDA STATUTES (1987), WHEN THE PURCHASER'S RECORD TITLE IS PERFECTED SUBSEQUENT TO SEIZURE BUT PRIOR TO THE FORFEITURE PROCEEDING? We accept jurisdiction based on article V, section 3(b)(4) of the Florida Constitution and answer the question in the affirmative....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
..., substance, device, weapon, machine, vehicle of any kind, money, securities, or currency, which has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony. (emphasis added) Section
932.702(4) [3] makes it unlawful to conceal or possess any contraband article. Section
932.703 outlines the procedure for the forfeiture of any contraband article used in violation of section
932.702....
...1980), provides as follows: Forfeiture of vessel, motor vehicle, aircraft, other personal property, or contraband article; exceptions. (1) Any vessel, motor vehicle, aircraft, and other personal property which has been or is being used in violation of any provision of s.932.702 or in, upon, or by means of which, any violation of said section has taken or is taking place, as well as any contraband article involved in the violation, shall be seized. All rights and interest in and title to contraband articles or contraband property used in violation of s.932.702 shall immediately vest in the state upon seizure by a law enforcement agency, subject only to perfection of title, rights, and interests in accordance with this act....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...We affirm the forfeiture of appellant's pickup truck under section
932.703(1), Florida Statutes (1981), because there was evidence from which the trial judge, as trier of the facts, logically deducted the conclusion that appellant unlawfully transported, carried or conveyed §
932.702, Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 297
...All of the substances tested positively as methaqualone. The Department filed a petition for forfeiture basically alleging that Pollack had used his vehicle to facilitate the transportation, concealment and possession of a felony amount of methaqualone in violation of section 932.702, Florida Statutes (1981)....
...traband article". (1) Sections
932.701-932.704 shall be known and may be cited as the "Florida Contraband Forfeiture Act." (2) As used in ss.
932.701-932.704, "contraband article" means: (a) Any controlled substance as defined in chapter 893... .
932.702 Unlawful to transport, conceal, or possess contraband articles; use of vessel, motor vehicle, or aircraft....
...932.703 Forfeiture of vessel, motor vehicle, aircraft, other personal property, or contraband article; exceptions. (1) Any vessel, motor vehicle, aircraft, and other personal property which has been or is being used in violation of any provision of s. 932.702 or in, upon, or by means of which, any violation of said section has taken or is taking place, as well as any contraband article involved in the violation, shall be seized......
CopyCited 6 times | Published | Supreme Court of Florida | 1989 WL 101535
...The pertinent portions of the Florida Contraband Forfeiture Act, namely, sections
932.701-932.704, Florida Statutes (1985), are as follows:
932.701 Short title; definition of "contraband article". (1) Sections
932.701-932.704 shall be known and may be cited as the "Florida Contraband Forfeiture Act." ... .
932.702 Unlawful to transport, conceal, or possess contraband articles; use of vessel, motor vehicle, or aircraft....
...932.703 Forfeiture of vessel, motor vehicle, aircraft, other personal property, or contraband article; exceptions. (1) Any vessel, motor vehicle, aircraft, and other personal property which has been or is being used in violation of any provision of s. 932.702, or in, upon, or by means of which any violation of that section has taken or is taking place, as well as any contraband article involved in the violation, may be seized and shall be forfeited subject to the provisions of this act......
...hibited criminal transaction involving the contraband drugs that is shown to be more than remotely incidental to an occupant's possession of illicit drugs for purely personal use."
521 So.2d at 141. The district court rejected the state's claim that section
932.702(4), a 1980 amendment to the forfeiture statute, eliminated the necessity to show a nexus between the possession of the drugs and the illicit use of the vehicle, reasoning that the amendment "did not clearly and unambiguously eliminate...
...In permitting forfeiture, we noted that the legislature had substantially amended the relevant provisions of the forfeiture statute since Griffis, changing the title from "Florida Uniform Contraband Transportation Act," to "Florida Contraband Forfeiture Act," and adding paragraph (4) to section 932.702 "making it unlawful to `conceal or possess any contraband article.'" Id....
...or mere felony possession will be helpful in the fight against the trafficking, transportation, sale, use and possession of drugs." Id. at 1201. We find that the legislature unambiguously intended that a forfeiture is proper under the instant facts. Section
932.702(4), added in 1980, makes it unlawful "to conceal or possess any contraband article." Further, section
932.703(1) in pertinent part states: "In any incident in which possession of any contraband article defined in s....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1988 A.M.C. 2587
...[15] Affirmed. NOTES [1] The Mortons concede that there is sufficient evidence to support this finding. [2] Section
932.701 defines "contraband article" as, among other things, any controlled substance defined in Chapter 893, which includes marijuana. 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 vessel subject to the forfeiture proceedings outlined in Section
932.704....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 18615
...king the court to give title to the Porsche to the City pursuant to sections
932.701 to
932.704, Florida Statutes (1981) ("The Florida Contraband Forfeiture Act"). After a hearing, the trial court denied the forfeiture request. This appeal followed. Section
932.702(3), Florida Statutes (1981), makes it unlawful to use any motor vehicle to facilitate the purchase or sale of any contraband article, which includes marijuana....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 980, 1986 Fla. App. LEXIS 7464
...We conclude that the trial court's denial of the petition was correct. Grounds for forfeiture are contained in sections
932.701-703, Florida Statutes (1983). Section
932.703 is to the effect that any motor vehicle which is contraband as defined in section
932.701(2)(e), or which has been used in violation of section
932.702, "shall be forfeited......
...ry provisos which may be broadly summarized as follows: first, if it is "contraband" as that term is defined in section
932.701(2)(e), i.e., if it is "employed as an instrumentality in the commission of ... any felony"; or second, if, as provided in section
932.702, it is used to "transport ......
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1994
...elating to Usury; or the above-described property was a vehicle used to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange or giving away of any contraband article, in violation of Section 932.702, Florida Statutes, (1981)......
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1988 WL 2636
...Rhodes, Pensacola, for appellant. William P. White, Asst. State Atty., Pensacola, for appellee. ZEHMER, Judge. Richard Crenshaw appeals an order forfeiting his 1984 Volvo automobile to the Pensacola Police Department pursuant to its petition to show cause under sections
932.701,
932.702, and
932.703, Florida Statutes (1985)....
...ngs in support of the stated conclusions. This forfeiture proceeding is governed by the following provisions in Chapter 932, *140 Florida Statutes (1985). Section
932.701(2)(a) defines "contraband article" as including the cocaine here involved. [3] Section
932.702 provides that: It is unlawful: (1) To transport, carry, or convey any contraband article in, upon, or by means of any vessel, motor vehicle, or aircraft....
...r giving away of any contraband article. (4) To conceal or possess any contraband article. Section
932.703(1) provides: Any vessel, motor vehicle, aircraft, and other personal property which has been or is being used in violation of any provision of s.
932.702, or in, upon, or by means of which any violation of that section has taken or is taking place, as well as any contraband article involved in the violation, may be seized and shall be forfeited subject to the provisions of this act. All rights and interest in and title to contraband articles or contraband property used in violation of s.
932.702 shall immediately vest in the state upon seizure by a law enforcement agency, subject only to perfection of title, rights, and interests in accordance with this act......
...and, relying primarily on the presumption accorded it in section
932.703(1), argues that illicit possession for any use whatsoever of less than one gram of cocaine while the possessor is in or upon a vehicle satisfies the forfeiture requirements in section
932.702-.703....
...State,
478 So.2d at 349, in which the court, based on the 1980 amendments to sections
932.701-.704 in chapter 80-68, Laws of Florida, receded in part from its prior opinion in Griffis v. State,
356 So.2d 297 (Fla. 1978), but we do not base our construction of sections
932.702 and .703 upon the legal theory espoused in Griffis. The addition of subparagraph (4) to section
932.702, making it unlawful simply to "conceal or possess any contraband article," did not clearly and unambiguously eliminate the necessity for any nexus or relationship between the concealment or possession of contraband drugs and an illici...
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...ion
790.221, Florida Statutes, [1981]), is "contraband" under section
932.701(2)(e), Florida Statutes (1981), so as to cause the forfeiture of the pick-up truck in which that short-barreled shotgun is transported, carried, concealed, possessed, etc. §
932.702, Florida Statutes (1981)....
...Sheriff of Orange County, Florida,
441 So.2d 646 (Fla. 5th DCA 1983). *1025 The order dismissing the rule to show cause is reversed, and the cause is remanded for further proceedings consistent herewith. REVERSED and REMANDED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] §
932.702, Florida Statutes (1981), provides that: It is unlawful: (1) To transport, carry, or convey any contraband article in, upon, or by means of any vessel, motor vehicle, or aircraft....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...purchased $20 worth of crack cocaine. The trial court found that the forfeiture of the recently purchased $21,339.00 Dodge would constitute an excessive fine. We affirm. The complaint for forfeiture alleged that the vehicle was used in violation of section 932.702, Florida Statutes (Supp....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...n declared a contraband article as defined in section
932.701(2), Florida Statutes (1981), and forfeited to the Tallahassee Police Department. Appellant answered the petition denying that his van was "used or intended to be used in violation of F.S. §
932.702 (1981)," or that any "violation ......
...Regarding the order of forfeiture, we find the facts to present a sufficient nexus between the van and the illegal drug transaction to bring the van within the definition of "contraband article" under *986 section
932.701(2)(e), [1] and to make the van subject to forfeiture under sections
932.702(3) and
932.703(1), Florida Statutes (1981)....
...object, tool, substance, device, weapon, machine, vehicle of any kind, money, securities, or currency, which has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony. [2] §
932.702 provides that it is unlawful: (3) To use any vessel, motor vehicle, or aircraft to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article. §
932.703(1): Any vessel, motor vehicle, aircraft, and other personal property which has been or is being used in violation of any provision of s.
932.702 or in, upon, or by means of which, any violation of said section has taken or is taking place, as well as any contraband article involved in the violation, shall be seized. All rights and interest in and title to contraband articles or contraband property used in violation of s.
932.702 shall immediately vest in the state upon seizure by a law enforcement agency, subject only to perfection of title, rights, and interests in accordance with this act......
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 16267, 2011 WL 4905744
...6, Fla. Stat.). Section
932.703(l)(a), Florida Statutes, provides for forfeiture only of property “used in violation of’ the FCFA or “by means of which any violation of’ the FCFA takes place. 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....
...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 only other violation of the FCFA which could apply in this case is the possession of contraband, prohibited by section 932.702(2), Florida Statutes....
...1 *324 Moreover, we note that although the sheriff returned the money to appellees and the money is now gone, this is not moot. The FCFA provides that upon seizure of contraband, “[a]ll rights to, interest in, and title to contraband articles used in violation of s.
932.702 shall immediately vest in the seizing law enforcement agency.” §
932.703(l)(c), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1989 WL 55309
...Palumbo, Jr., and Leon H. Cannon, New Port Richey, for appellant. Michael Jones of Jones and Escobar, P.A., Tampa, for appellees. ALTENBERND, Judge. The sheriff of Pasco County appeals a final judgment in favor of the Goodwins in a forfeiture proceeding brought to enforce section 932.702(1), Florida Statutes (1987)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2014 WL 885681, 2014 Fla. App. LEXIS 3443
...conceal, or possess, or use any contraband article as an instrumentality in the commission of or in aiding or abetting in the commission of any felony or violation of the [FCFA], *533 (5) ... acquire real or. personal property by the use of proceeds obtained in violation of the [FCFA]. § 932.702, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...substance, device, weapon, machine, vehicle of any kind, money, securities, or currency, which has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony. (Emphasis added.) Section
932.702(4) makes it unlawful to conceal or possess any contraband article. The first sentence of section
932.703(1) 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 vest in the state upon seizure, "subject only to perfection of title, rights and interests in accordance with this act." Section
932.704 outlines the procedure for the forfeiture of any contraband article used in violation of the provisions of the law dealing with contraband....
...(e) Any personal property, including, but not limited to, any item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, securities, or currency, which has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony. 932.702 Unlawful to transport, conceal, or possess contraband articles; use of vessel, motor vehicle, or aircraft....
...932,702 or in, upon, or by means of which, any violation of said section has taken or is taking place, as well as any contraband article involved in the violation, shall be seized. All rights and interest in and title to contraband articles or contraband property used in violation of s. 932.702 shall immediately vest in the state upon seizure by a law enforcement agency, subject only to perfection of title, rights, and interests in accordance with this act....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2014 WL 2892353, 2014 Fla. App. LEXIS 9713
...It is an “in personam criminal remedy, targeted primarily at the defendant who committed the offense.” Id. at 48 . 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(l)(c), Fla....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2001, 1984 Fla. App. LEXIS 15103
COBB, Chief Judge. This is an appeal from a final judgment of forfeiture of a plane, based upon the trial court’s finding that it was used to transport drugs. See § 932.702, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 22520
...790.221, Florida Statutes, [1981]), is “contraband” under section
932.701(2)(e), Florida Statutes (1981), so as to cause the forfeiture of the pick-up truck in which that short-barreled shotgun is transported, carried, concealed, possessed, etc. §
932.702, Florida Statutes (1981)....
...Sheriff of Orange County, Florida,
441 So.2d 646 (Fla. 5th DCA 1983). *1025 The order dismissing the rule to show cause is reversed, and the cause is remanded for further proceedings consistent herewith. REVERSED and REMANDED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur. . §
932.702, Florida Statutes (1981), provides that: It is unlawful: (1) To transport, carry, or convey any contraband article in, upon, or by means of any vessel, motor vehicle, or aircraft....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 10460, 1996 WL 582566
...umentality in the commission of, or in aiding or abetting 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 violation of the Florida Contraband Forfeiture Act. Section 932.702(3) makes it unlawful: (3) To use any vessel, motor vehicle, aircraft, other personal property, or real property to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange...
CopyPublished | Florida 2nd District Court of Appeal
upon, or by means of any ... motor vehicle.” §
932.702(1). A “contraband article,” in turn, includes
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
...e activities and programs, youth related projects, leagues, education, and informational and outreach meetings for citizens and local civic organizations. Sections
932.701 -932.707, Florida Statutes, constitute the Florida Contraband Forfeiture Act. Section
932.702 , Florida Statutes, makes it unlawful to transport, conceal, or possess contraband articles or to acquire real or personal property with contraband proceeds....
CopyPublished | Florida 4th District Court of Appeal | 1991 Fla. App. LEXIS 4119, 1991 WL 72095
COWART, Judge. Apparently Florida’s insurance commissioner has seized certain pieces of computer equipment and, alleging the equipment was used in violation of section 932.702, Florida Statutes, has filed in the circuit court of Seminole County, Florida, a Petition for Rule to Show Cause and for a final order of forfeiture....
CopyPublished | Florida 5th District Court of Appeal | 1990 WL 150223
..." (emphasis added). In section
932.703(1), Florida Statutes (1987), the legislature further addressed the date upon which the forfeiture occurs: All rights and interest in and title to contraband articles or contraband property used in violation of s.
932.702 shall immediately vest in the state upon seizure by a law enforcement agency, subject only to perfection of title, rights, and interests in accordance with this act....
...blic concern: DOES A BONA FIDE PURCHASER OF ALLEGED CONTRABAND PROPERTY IN WHICH HE HAS EQUITABLE BUT NOT PERFECTED INTEREST HAVE STANDING TO CONTEST A FORFEITURE OF SUCH PROPERTY IF IT IS SEIZED AS CONTRABAND BY A LAW ENFORCEMENT AGENCY PURSUANT TO SECTION 932.702, FLORIDA STATUTES (1987), WHEN THE PURCHASER'S RECORD TITLE IS PERFECTED SUBSEQUENT TO THE SEIZURE BUT PRIOR TO THE FORFEITURE PROCEEDING? Motion denied; question certified.
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
forfeited subject to the provisions of this act." Section
932.702, F.S., provides that it is unlawful to transport
CopyPublished | District Court of Appeal of Florida | 1986 Fla. App. LEXIS 8078, 11 Fla. L. Weekly 1207
...The trial judge entered summary judgment for the owner, and the City appeals. The City contends that forfeiture is warranted on either of two independent statutory grounds: (1) The vehicle contained a contraband article as defined in s.
932.701(2)(e), Fla. Stat. (1983), and is subject to forfeiture under s.
932.702 which makes it unlawful to transport, carry, conceal or possess any contraband article in or upon any motor vehicle; or (2) The vehicle itself is a contraband article, subject to forfeiture for its use as an instrumentality in the commission of, or in aiding or abetting in the commission of any felony....
...In regard to the first ground, the City relies upon the definition of a “contraband article” in section'
932.701(2)(e) as “any personal property, including ... any ... weapon ... actually employed as an instrumentality in the commission of ... any felony.” If the handgun was contraband, then section
932.702, Florida Statutes (1983), provides that it is unlawful to transport, carry or conceal such a contraband article in a motor vehicle, and sections 932.-703-.704 then provide for the seizure and forfeiture of any motor vehicle used in violation of the provisions of section 932.-702....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Other Florida statutes, however, support the position that an aircraft is not ordinarily encompassed within the meaning of “vehicle.” At Fla.Stat. §
806.01(3), “structure” is defined as “any building of any kind, any enclosed area with a roof over it, and any vehicle, vessel or aircraft.” Florida Statute §
932.702(3) states that it is unlawful “[t]o use any vessel, motor vehicle or aircraft to facilitate the transportation ......
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1114, 1988 Fla. App. LEXIS 1922, 1988 WL 44161
...That lien and security interest were properly protected and under section
932.703(3), Florida Statutes (1983), had priority over any interest that the City might acquire in contraband seized under the Contraband Forfeiture Act. However, although all rights and interest in and title to contraband articles used in violation of section
932.702, Florida Statutes, vest immediately in the state upon seizure by a law enforcement agency, section
932.703(1), they vest subject to the rights of bona fide lien-holders perfected prior to the seizure....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 3983, 2011 WL 1079337
...violation of the Florida Contraband Forfeiture Act.” Appellant contends that this property was used in contravention of the Act because the items meet the statutory definition of “contraband articles,” the possession of which is unlawful under section 932.702(2)....
...eds of a felony. This argument ignores the statutory language that limits the type of proceeds subject to forfeiture to those “obtained as a result of a violation of the Florida Contraband Forfeiture Act.” The violations of the Act are listed in section 932.702. The only violation relevant here is the prohibition against possession of any “contraband article.” See § 932.702(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14357
NIMMONS, Judge. The state appeals from an order denying forfeiture to the state of a 1977 Volkswagen which was allegedly used to facilitate the sale of contraband (cocaine) in violation of Section 932.702(3), Florida Statutes (1981)....
...The criminal proceeding culminated in the eventual conviction and sentence of Duckham on October 19, 1982. Contrary to the holding of the trial court, we find that Duckham used his vehicle to facilitate the sale of contraband within the meaning of Section 932.702(3), and the state was entitled to an order of forfeiture....
...He has failed to present on appeal any argument supporting denial of the State’s petition on any of the other defenses which he raised in the trial court. The motion for rehearing or clarification is Denied. THOMPSON and BARFIELD, JJ., concur. . Section
932.702(3) provides: “It is unlawful: (3) to use any vessel, motor vehicle, or aircraft to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article.” . Section
932.703(1) provides in pertinent part: "(1) Any vessel, motor vehicle, aircraft, and other personal property which has been or is being used in violation of any provision of s.
932.702 or in, upon, or by means of which, any violation of said section has taken or is taking place, as well as any contraband article involved in the violation, shall be seized....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14261
...reclude the operation of other provisions of the Act which do contemplate forfeiture of a vehicle used in a statutorily proscribed manner notwithstanding the fact that the possession of the contraband (in this case, marijuana) is not a felony. Under Section
932.702(3), it is unlawful to use a motor vehicle to facilitate the sale of any contraband article including any controlled substance regardless of the quantity and Section
932.703(1) specifically provides for the seizure of any motor vehicle “which has been or is being used in violation of any provision of s.
932.702.” See One 1976 Dodge Van v....
CopyPublished | Florida 4th District Court of Appeal
...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....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 100, 1985 Fla. App. LEXIS 11875
...Finally, we must reject the State’s argument based on the inevitable discovery theory established in Nix, supra. The State contends that it is reasonable to presume that the car was inventoried after its seizure by police, at which time the contraband would have “inevitably” been discovered. Section 932.702, Florida Statutes (1983), provides: It is unlawful: (1) To transport, carry, or convey any contraband article in, upon, or by means of any ..., motor vehicle, ......
...to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article. ... Section
932.703, Florida Statutes (1983), goes on to state that “any ... motor vehicle ... which has been ... used in violation of any provision of Section
932.702 ......
CopyPublished | Florida 3rd District Court of Appeal | 1992 WL 4088
...Thus, if we accept Metro-Dade's position, the interception of the money prevented the transaction from graduating from an attempt to purchase drugs to a perfected drug purchase. Section
932.703(1), Florida Statutes (1989), provides for forfeiture of any personal property "which has been or is being used in violation of section
932.702." The statute does not include either attempts or attempted uses....
CopyPublished | Florida 5th District Court of Appeal | 2014 WL 470721, 2014 Fla. App. LEXIS 1611
...constitute^] property involved in or traceable to Gambling violations, R.I.C.O. violations, and Money Laundering by members of the AVOTW Enterprise.” It stated that: 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 *405
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” .......
...ssion of or in aiding or abetting in the commission of any felony or violation of the Florida Contraband Forfeiture Act. (5) ... acquire real or personal property by the use of proceeds obtained in violation of the Florida Contraband Forfeiture Act. § 932.702, Fla....
...We explained: [The appellant’s] argument ignores the statutory language that limits the type of proceeds subject to forfeiture to those “obtained as a result of a violation of the Florida Contraband Forfeiture Act.” The violations of the Act are listed in section 932.702....
CopyPublished | Florida 5th District Court of Appeal | 2017 WL 456933, 2017 Fla. App. LEXIS 1257
...Only if the trial court determines probable cause exists for the seizure may the forfeiture proceed. §
932.703(2)(e), Fla. Stat. (2015). It is unlawful to use any motor vehicle to facilitate the concealment or possession of any contraband article. §
932.702(3), (4), Fla....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 22247
...hstanding the fact that there is no evidence that any contraband was ever contained within the vehicle itself. Mora takes issue with the finding that his car was used in a manner to facilitate the purchase, sale, etc., of contraband so as to violate Section
932.702, Florida Statutes (1981), and thereby authorize its forfeiture. The controlling statutes (the Florida Uniform Contraband Transportation Act) were passed by the Legislature in 1980 as part of an effort to stem trafficking in illicit drugs. Section
932.702(3), makes it unlawful [t]o use any vessel, motor vehicle, or aircraft to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article. To further assist in stemming the tide of drug activity the Legislature passed Section
932.703(1), which provides: Any vessel, motor vehicle, aircraft, and other personal property which has been or is being used in violation of any provision of s.
932.702 or in, upon, or by means of which, any violation of said section has taken or is taking place, as well as any contraband article involved in the violation, shall be seized. All rights and interest in and title to contraband articles or contraband property used in violation of s.
932.702 shall immediately vest in the state upon seizure by a law enforcement agency, subject only to perfection of title, rights, and interests in accordance with this act....
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
and the definition of `contraband article.' Section
932.702, in pertinent part, makes it unlawful to transport
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 25145
...Because the findings of fact are supported by the evidence, we accept them for purposes of this appeal. However, we hold that as a matter of law the court erred in reaching the findings drawn from these facts. The Florida Contraband Forfeiture Act directs the forfeiture of any motor vehicle used in violation of section 932.702, Florida Statutes (1981)....
...(Emphasis added.) Apparently, the court below was under the impression that the jeep could be forfeited only if the sheriff were able to prove that the cocaine had been in it. There is some authority for this position. Certain federal courts have construed 49 U.S.C. § 781 , which contains the same wording as section 932.702, as authorizing the forfeiture of only those vehicles which serve as the site of a drug transaction or are used to transport the contraband itself....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...t funds for a number of projects to enhance the operation of the police department and provide its officers with the proper equipment and training. Sections
932.701 — 932.707, Florida Statutes, constitute the Florida Contraband Forfeiture Act. Section
932.702 , Florida Statutes, makes it unlawful to transport, conceal, or possess contraband articles or to acquire real or personal property with contraband proceeds....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
...'s department would appear to be a normal operating expense of the department that may not be paid from the contraband forfeiture trust fund. Question One Sections
932.701 -932.707, Florida Statutes, constitute the Florida Contraband Forfeiture Act. Section
932.702 , Florida Statutes, makes it unlawful: (1) To transport, carry, or convey any contraband article in, upon, or by means of any vessel, motor vehicle, or aircraft....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1047, 1988 Fla. App. LEXIS 1727, 1988 WL 39146
...The court found that the currency was contraband as defined by section
932.701, et seq. and ordered that it be forfeited; however, finding that there was insufficient involvement “in the commission of the felony,” the court denied forfeiture of the truck. We find that the court erred in denying forfeiture of the truck. Section
932.702(3) provides: “It is unlawful ......
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 946, 1986 Fla. App. LEXIS 7446
...ce unless the possession of such controlled substance is authorized....’ Section
893.13(l)(d) makes it a felony of the third degree to bring into the state any amount of a controlled substance as listed per §
893.13(l)(d)(2) and § 893.-03(l)(c). Section
932.702 makes it unlawful to transport any contraband article upon any vessel. Section
932.703(1) allows for the forfeiture of any vessel and other personal property which has been used in violation of §
932.702....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12798
...orida Statutes. §
932.701(2)(a), Fla.Stat. (1981). It is unlawful to use an aircraft to transport, conceal or possess any contraband article, or to use an aircraft to facilitate the transportation, concealment or possession of a contraband article. §
932.702, Fla.Stat....
