The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Two days later, BSO notified Zarcadoolas that it was seizing the funds in the two bank accounts, as well as the cash, gold coins, and casino chips that were seized from his home, pursuant to the Forfeiture Act. A circuit court judge in Broward County made an initial finding that probable cause existed for the seizure of the property as "monetary instruments" under section 932.703(1)(a)5. and "contraband articles" under sections 932.701(2)(a)2. and 932.701(2)(a)5. See § 932.703(2), Fla. Stat. (2020). BSO then filed a verified complaint for forfeiture of the property. To date, no criminal charges have been filed against Zarcadoolas.
On December 17, 2021, the Department seized Bell's truck pursuant to the Florida Contraband Forfeiture Act, section 932.703(1)(a). On January 6, 2022, the Department filed an ex parte application to determine whether probable cause existed for the seizure of the truck pursuant to section 932.703(2)(a). The trial court entered an order granting the Department's application.
Without any resolution, and with the Sweetwater Police Department in possession of the seized gambling funds, Appellant filed a lawsuit in county court seeking return of the seized funds alleging a variety of procedural defects and substantive arguments purporting to show that he would have prevailed in any forfeiture action. Appellant contends the seizure of the funds did not comply with the requirements of the Florida Contraband Forfeiture Act in several aspects, most relevant for our review, that he did not receive notice of the seizure and claim for forfeiture as required by section 932.703(3)(a).
After Plaintiff's arrest, on January 6, 2015, he received a letter from Defendant Evatt informing him the FBPD initiated forfeiture proceedings against his truck under the Florida Contraband Forfeiture Act (FCFA), Florida Statutes section 932.703(2)(a). Id. at 4. Plaintiff sent numerous letters to both Defendant Evatt and the Nassau County courts to pursue his rights under the FCFA. Id. at 5. Plaintiff discovered in February 2015 that no forfeiture case had been opened involving his truck, and on March 6, 2015, Defendant Evatt hand-delivered to Plaintiff an undated letter "informing [Plaintiff] that FBPD was no longer seeking to seize his truck and that . . . his truck had been released to a towing company back on January 22, 2015." Id. at 5, 6. Plaintiff testified at a dismissal hearing in the Nassau County Case that he was unable to locate his truck after its release to the towing company. See Dismissal Hr'g Tr. at 19. Defendant Evatt similarly has no knowledge of "what happened to the truck after it left the custody of the FBPD." See Evatt Affidavit ¶ 14.
On August 4, 2017, Monestime filed his present "Writ of Habeas Corpus" petition, which the magistrate judge and the district court construed as a § 2254 petition. Monestime's § 2254 petition challenges the seizure of the $738,000 from the black duffle bag under the due process clause of the Florida Constitution and the Florida Contraband Forfeiture Act. See Fla. Stat. § 932.701. This Act provides for the seizure of any property used, attempted to be used, or intended to be used in connection with illegal narcotics activities. Id. §§ 932.701(2)(a)(1), 932.703(1)(a). The Act requires that the seizing agency must apply to a court of competent jurisdiction for a determination of whether probable cause existed for the seizure and that the victim of the seizure receive notice. Id. § 932.703(2)(a), (3)(a). Monestime claimed that he did not receive a hearing to determine whether the $738,000 was in fact contraband and that he did not receive written notice of its seizure. Monestime's current § 2254 petition does not purport to challenge the seizure of the $738,000 under federal law.
After amendments were enacted in 2016, section 932.703(2) became 932.703(3). However, the substance of the law has remained substantially the same since the 1996 amendments.
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.
As we have previously recognized, forfeiture proceedings involve a two-step process. Patel v. State , 141 So.3d 1239, 1244 (Fla. 5th DCA 2014) (citing Gomez v. Vill. of Pinecrest , 41 So.3d 180, 184 (Fla. 2010) ). The first stage, outlined in section 932.703(2), Florida Statutes (2015), involves the seizure of property. The second stage involves the actual forfeiture of property. See id. Adversarial preliminary hearings, such as the one at issue in this case, occur during the first stage of the proceedings. See § 932.703(2), Fla. Stat. (2015). The purpose of an adversarial preliminary hearing is "to determine whether probable cause exists to believe that the property was used in violation of the FCFA." Patel , 141 So.3d at 1242 ; see also §§ 932.701(2)(a)12.(f), 932.703(2)(a), Fla. Stat. (2015). Only if the trial court determines probable cause exists for the seizure may the forfeiture proceed. § 932.703(2)(c), Fla. Stat. (2015).
On that score, the sheriff benefits from a statutory presumption that the vehicle was used to transport heroin. Section 932.703(4) provides as follows:
We note that the legislature recently amended section 932.703(1)(d)(2) of the Act to provide, among other things that "[u]nless otherwise expressly agreed to in writing by the parties, the agency seeking forfeiture of the seized property is responsible for any damage to the property and any storage fees or maintenance costs applicable to the property." Ch. 2016–179, § 2, at 1996–98, Laws of Fla. Thus under the amended version of the statute, Mr. Underwood would have been entitled to recover his damages upon the PCSO's voluntary dismissal of the forfeiture action.
. . . seizure, and informed him of his right to request an adversarial preliminary hearing pursuant to section 932.703 . . . seizure and may make a request within fifteen days after receiving notice that the hearing be held. § 932.703 . . . After amendments were enacted in 2016, section 932.703(2) became 932.703(3). . . .
. . . . § 932.703(2)(1)). Indiana’s does not. . . . Ann. § 932.703(3)(a). . . . Stat. § 932.703(3)(d) (“...the court shall order the property restrained by the least restrictive means . . .
. . . See § 932.703(2), Fla. Stat. (2015). . . . (f), 932.703(2)(a), Fla. Stat. (2015). . . . . § 932.703(2)(e), Fla. Stat. (2015). . . . See § 932.703(4), Fla. Stat. (2015). . . . Specifically, section 932.703(4) provides: (4) In any incident in which possession of any contraband . . .
. . . See §§ 932.703(2)(a), .704(5)(b). . . . See §§ 932.703(2)(a), .704(5)(b). . . . Section 932.703(4) provides as follows: In any incident in which possession of any contraband article . . .
. . . We note that the legislature recently amended section 932.703(l)(d)(2) of the Act to provide, among other . . .
. . . See § 932.703(2)(a), Fla. . . . has been or is being used in violation of the Florida Contraband Forfeiture Act”) (emphasis added); § 932.703 . . . City of West Palm Beach, 149 So.3d 92, 97 (Fla. 4th DCA 2014) (“Because the section 932.703(2)(c) probable . . .
. . . COUNT I (THE FLORIDA CONTRABAND FORFEITURE ACT) Under section 932.703(l)(a), “[a]ny contraband article . . .
. . . No forfeiture proceedings, as required by the Florida Contraband Forfeiture Act, section 932.703 et seq . . .
. . . As provided by section 932.703(2)(a), Florida Statutes (2013), Sanchez requested the trial court conduct . . . The trial court held a hearing pursuant to section 932.703(2)(c), for the purpose of determining whether . . . While now codified by sections 932.703 and 932.704, Florida Statutes (2013), this two-step approach to . . . With regard to the evidence to be presented at the hearing, section 932.703(2)(c), Florida Statutes ( . . . The wording of section 932.703(2)(c) compels the conclusion that, unlike a Fourth Amendment challenge . . .
. . . Appellants requested an adversarial preliminary hearing pursuant to section 932.703(2)(a), Florida Statutes . . .
. . . See § 932.703(2), Fla. Stat. (2009). . . .
. . . any link between the alleged criminal activity and the subject bank accounts as required by section 932.703 . . . concedes this point, but argues that, independent of the actual use of the subject property, section 932.703 . . . Because we hold that section 932.703(5) does not authorize the seizure of substitute assets prior to . . . See § 932.703(2)(a), Fla. Stat. (2013). . . . The various subsections of section 932.703 specifically distinguish between the two stages. . . .
. . . . §§ 932.703(2)(b), 932.704(4), Fla. Stat. (2013). . . . . § 932.703(2)(c), Fla. Stat. . . .
. . . . § 932.703(l)(a), Fla. Stat. . . .
. . . . §§ 932.701(2)(a), 932.703. . . .
. . . . § 932.703(2)(c), (d). . . .
. . . Under the procedures set out in section 932.703, Florida Statutes, Sheriff Campbell obtained a Forfeiture . . . attempted to be used, or was intended to be used, in violation of the Florida Contraband Forfeiture Act.” § 932.703 . . . section 849.0931 (the bingo statute) was not before the court in the forfeiture proceedings under section 932.703 . . . Section 932.703(l)(a), Florida Statutes, provides for forfeiture only of property “used in violation . . . to the value of any property subject to forfeiture” if any of the property “[cjannot be located.” § 932.703 . . .
. . . forfeiture and denied probable cause to proceed after a preliminary adversary hearing pursuant to section 932.703 . . . Stat. (2009); see also § 932.703(l)(c), Fla. Stat. (2009). . . . known ... that the property was being employed or was likely to be employed in criminal activity.” § 932.703 . . .
. . . The plain language of section 932.703(2)(c), Florida Statutes, mandates, in pertinent part: When an adversarial . . . attempted to be used, or was intended to be used in violation of the Florida Contraband Forfeiture Act. § 932.703 . . .
. . . . § 932.703(1)(a) (1997). . . .
. . . Pursuant to Sec. 932.703(2)(a), this request must be in writing and sent by certified mail, return receipt . . .
. . . Kissimmee Police Dep't, 901 So.2d 420 (Fla. 5th DCA 2005) (holding that the forty-five-day limit in section 932.703 . . .
. . . The Third District framed the issue on appeal as follows: [Wjhether section 932.703(2)(a) of the Act . . . In reaching this conclusion, the Third District reasoned: A careful review of section 932.703 reveals . . . Several subsections of 932.703 specifically distinguish between seizure and forfeiture. . . . See also § 932.703(2)(d), Fla. . . . See also § 932.703(6)(a), Fla. . . .
. . . Carbajal asserted a timely request for an adversarial probable cause hearing pursuant to section 932.703 . . . It is well settled that under section 932.703(l)(a), Florida Statutes (2009), contraband may be forfeited . . . trial court then erred when it concluded that the money seized constituted contraband under section 932.703 . . .
. . . . § 932.703(2)(a). . . . days after the request is received [by the seizing agency] or as soon as practicable thereafter.” § 932.703 . . .
. . . from a non-final order entered following an adversarial preliminary hearing, conducted under section 932.703 . . . may be seized, and that she had the right to demand an adversarial preliminary hearing under section 932.703 . . . The issue that we must decide is whether section 932.703(2)(a) of the Act requires the seizing agency . . . Section 932.703(1)(a) provides that “[a]ny contraband article, vessel, motor vehicle, aircraft, other . . . Subsection (2) pertains to the first state of the proceedings under section 932.703, the seizure stage . . . I believe the First District Court of Appeal correctly interpreted section 932.703(6)(a), Florida Statutes . . . some preliminary showing of such owner knowledge in order to establish probable cause in a section 932.703 . . .
. . . other individuals] or any similar or related criminal or civil charges, they will, pursuant to Section 932.703 . . .
. . . .; § 932.703(2)(c), Fla. Stat. (2007). . . . established, the court must “authorize the seizure or continued seizure of the subject contraband.” § 932.703 . . . inquiry, that the property was being employed or was likely to be employed in criminal activity.” § 932.703 . . . See § 932.703(6)(a), Fla. Stat. (1994). This was commonly known as the “innocent owner” defense. . . . In 1995, section 932.703(6)(a) was amended and the legislature placed the burden of proof on the seizing . . .
. . . See § 932.703(2)(a). . . . determine the existence of a nexus between the currency and the drug offenses for which he was arrested. § 932.703 . . .
. . . Stat. 932.703(2)(a). . . .
. . . See § 932.703(6)(A), Fla. Stat. (2006). We therefore reverse the summary final judgment. . . .
. . . . §§ 932.701(2)(a)5., 932.703(1)(a), Fla. Stat. (2006). . . . subject to seizure may be seized either at the time of the violation or subsequent to the violation. § 932.703 . . .
. . . Contraband Forfeiture Act provides that contraband articles shall be seized and forfeited as follows: 932.703 . . . seized and shall be forfeited subject to the provisions of the Florida Contraband Forfeiture Act. § 932.703 . . .
. . . . § 932.703(2)(a). . . . . § 932.703(2)(c). . . .
. . . . § 932.703(1), Fla. Stat. (2005). . . . . § 932.703(2)(a). . . . . § 932.703(2)(c); see also Dep’t of Law Enforcement v. . . .
. . . . § 932.703(l)(a). . . . . § 932.703(2). . . . . § 932.703(2)(a). . . . hearing to the Department in Tallahassee by regular mail, not certified mail as required by section 932.703 . . .
. . . Fifteen days after the seizure, Velez requested an adversarial preliminary hearing under section 932.703 . . . and therefore had standing to contest the seizure at an adversarial preliminary hearing under section 932.703 . . . seizure and may make a request within fifteen days after receiving notice that the hearing be held. § 932.703 . . . determine whether probable cause exists for the seizure and is authorized to request such a hearing. § 932.703 . . .
. . . in fact, there is at least one reference in Florida Statutes to a “verified affidavit,” in section 932.703 . . .
. . . Section 932.703(3) of the Florida Statutes provides: 932.703. . . . However, if good cause is shown, the court may extend the aforementioned prohibition to 60 days. § 932.703 . . .
. . . See § 932.703(2)(a), Fla. . . .
. . . Gervais, and she responded by requesting an adversarial preliminary hearing pursuant to section 932.703 . . .
. . . November 27, 2001, Chuck sent a request for an adversarial preliminary hearing pursuant to section 932.703 . . . within ten days after the request was received or as soon as practicable thereafter, pursuant to section 932.703 . . . Specifically, only a person entitled to notice under section 932.703(2)(a), Florida Statutes, is entitled . . . See § 932.703(2)(a)(9)(e), Fla. Stat. . . . See § 932.703(2)(c). . . .
. . . On December 27, 2002, Velez requested an adversarial preliminary hearing under section 932.703(2)(a) . . .
. . . , Wheeler conceded that respondents had probable cause to seize her car as contraband under section 932.703 . . .
. . . Under the Forfeiture Act, section 932.703(6)(a), Florida Statutes (2002), property may not be forfeited . . . Section 932.703(6)(b) provides that a bona fide lienholder’s interest that has been perfected in the . . . forfeited without the same “knew or should have known” proof by a preponderance of the evidence. § 932.703 . . . addition, jointly owned vehicles and leased or rented vehicles have protections from forfeiture. § 932.703 . . .
. . . Jefferson County Sheriffs Department seized $30,180.00 from Appellant, Tony Murphy, pursuant to section 932.703 . . . See § 932.703(2)(a), Fla. Stat. . . .
. . . That version of the statute contained, as part of sections 932.703 and 932.704, two provisions which . . . Section 932.703 contained the provision: Neither replevin nor any other action to recover any interest . . . We held that the purpose of section 932.703(1) was “to prevent a claimant from precipitating litigation . . . The revised staff analysis prepared on the 1985 amendment to section 932.703(1) expressly states that . . . Id. § 932.703(1). Id. at 961 (footnotes omitted). . . . Section 932.703 is entitled “Forfeiture of contraband article; exceptions.” . . . The Fifth District concluded that section 932.703(3) allows the trial court to extend the 45-day filing . . . Where the seizing agency fails to file any action at all, section 932.703(3) allows a claimant to file . . .
. . . See § 932.703(2)(a), Fla. . . . Oakland failed to give Mercer notice of the seizure of the truck within the five days provided by section 932.703 . . . seizure of the item sought to be later forfeited which starts the running of the time period in section 932.703 . . . Section 932.703(2)(a), Fla. . . . Stat. (2000). . § 932.703(3), Fla. Stat. (2000). . . .
. . . various procedural bars to Pondel-la’s suit, including the statute of limitations, laches, and sections 932.703 . . .
. . . that her ignorance of the status of Potter’s driver’s license made her an innocent owner under section 932.703 . . . Under section 932.703(6)(a), the department was required to show beyond a preponderance of the evidence . . . Section 932.703(6)(a), Florida Statutes, states: "[Pjroperty may not be forfeited under the Florida Contraband . . .
. . . See § 932.703(2)(c), Florida Statutes (2001). . . . See §§ 932.701(2)(a), 932.703(1), (6), 932.704(8), Fla. Stat. (2001). . . . In such a hearing the issue for consideration is whether there was probable cause for the seizure. § 932.703 . . .
. . . . § 932.703(2)(a)). . . . Stat. § 932.703(2)(a); see also Cochran v. . . . Stat. § 932.703(2)(d). . . . Stat. § 932.703(6)-(7) (spouses, lienholders, lessors, joint owners, and other parties lacking knowledge . . . Stat. § 932.703(d) (providing that, if the court determines that probable cause exists to believe that . . .
. . . forfeiture proceeding within forty-five days after the seizure, as required by sections 932.701(2)(e), 932.703 . . . The only reference in the Act to a consequence of the failure to promptly proceed appears in section 932.703 . . .
. . . Contraband Forfeiture Act”; that Butler requested the preliminary “probable cause” hearing under section 932.703 . . .
. . . The section governing adversarial preliminary hearings, section 932.703(2)(c), Florida Statutes, reads . . . Additionally, section 932.703(2)(c) unambiguously provides that at an adversarial preliminary hearing . . .
. . . See § 932.703(2)(a), Fla. Stat. (2000). . . . See § 932.703(2)(b), Fla. Stat. (2000). . . . Section 932.703(2)(c) sets forth what the trial court should review when making the probable cause determination . . .
. . . Section 932.703(2)(c) provides in relevant part as follows: When an adversarial preliminary hearing is . . . But the Act was amended in 1995 to provide in section 932.703(6)(a) that property may not be forfeited . . . some preliminary showing of such owner knowledge in order to establish probable cause in a section 932.703 . . .
. . . days of receipt of claimant’s request, or as soon as practicable thereafter, as required by section 932.703 . . .
. . . the cigarette package in B.W.’s pocket was contraband subject to seizure and forfeiture under section 932.703 . . . legal product, the cigarette package at issue was not contraband subject to forfeiture under section 932.703 . . . Moreover, under section 932.703(6)(a), Florida Statutes (1999), property may not be forfeited under the . . . Section 932.703(l)(a), Florida Statutes (1999), states in pertinent parL: Any contraband article, vessel . . . Contrary to the dissent, I do not read section 932.703(l)(c) as limiting the seizure of contraband in . . .
. . . sent a notice of forfeiture of the subject vehicle to appellant by certified mail pursuant to section 932.703 . . . must be held within ten days after the request is received or as soon as practicable thereafter. § 932.703 . . . Appellant cites to section 932.703(2)(c), Florida Statutes (1999), which provides that when an adversarial . . . The city’s need to “fast track” the proceeding to meet the ten-day requirement set forth in 932.703(2 . . .
. . . Desilia, standing to participate in the adversarial probable cause hearing held pursuant to section 932.703 . . .
. . . an interest-bearing account during the pendency of the forfeiture proceeding, pursuant to subsection 932.703 . . . See also § 932.703(2)(d), Fla. Stat. (1997). . . .
. . . appellant filed a response in which he asserted ap-pellee had not complied with the requirements of section 932.703 . . .
. . . See 588 So.2d at 965-66; see also § 932.703, Fla. Stat. . . . Section 932.703(2)(a) provides that a request for an adversarial preliminary hearing at which the government . . . Of course, pursuant to Real Property and section 932.703, the probable cause hearing should occur as . . .
. . . determinative issue at trial was whether Bush was entitled to the “innocent owner” defense created by section 932.703 . . . DAUKSCH, J., concurs specially with opinion. . § 932.703, Fla. . . . . § 932.703(6)(a), Fla. Slat. (1997). . See generally, McDonald v. . . .
. . . . § 932.703(6)(b), Fla. Stat. (Supp.1996) (emphasis added).' . . .
. . . See § 932.703, Fla. Stat. (1993). . . .
. . . See § 932.703(2)(a). . . . Stat. § 932.703(l)(a) (1997). . . . that such property has been or is being used in violation of the Florida Contraband Forfeiture Act." §932.703 . . . . §§932.703(1)(c)(d) (1997) (the State acquires rights, interest, and title in contraband articles at . . .
. . . Under section 932.703(2)(a), Florida Statutes (1997), an adversarial preliminary hearing must be requested . . .
. . . She relied upon section 932.703(3), Florida Statutes (1997) which says: (3) Neither replevin nor any . . . complaint within 60 days of the trial court’s order directing it to do so in accordance with section 932.703 . . . Thus, respondent concluded that its complaint was filed within the 60-day period allowed in section 932.703 . . . Admittedly, section 932.703(3) allows the trial court to extend the 45-day filing requirement to 60 days . . .
. . . the state did not file the forfeiture action in a timely manner within 45 days as required by section 932.703 . . .
. . . the police identified fourteen individuals potentially entitled to receive notification under section 932.703 . . . See § 932.703(2)(a), Fla. Stat. (1995). . . . See §§ 932.703(2)(a),(b), 932.704(5)(b). . . .
. . . Section 932.703(l)(a) of Florida’s Contraband Forfeiture Act authorizes the seizure of any “contraband . . . See § 932.703(2)(a), Fla. Stat. (1995). . . .
. . . However, section 932.703, Florida Statutes (1981), which provides for the forfeiture of motor vehicles . . . used to transport, conceal, or facilitate the sale of contraband, in violation of section 932.703, nowhere . . .
. . . Section 932.703 provides that any contraband article may be seized and shall be forfeited and that all . . . preliminary hearing to determine whether probable cause exists to believe the property is contraband. § 932.703 . . .
. . . legal counsel, requested an adversarial preliminary hearing within ten days as prescribed by section 932.703 . . .
. . . . § 932.703, Fla.Stat. (1989). . . .
. . . The trial court effectively conducted an adversarial preliminary hearing, pursuant to section 932.703 . . . Section 932.703(2)(c). . . . disposal, waste, or continued illegal use ... pending disposition of the forfeiture proceeding.” § 932.703 . . . Section 932.703(2)(c) provides: When an adversarial preliminary hearing is held, the court shall review . . .
. . . Section 932.703(2)(a), Florida Statutes, provides in pertinent part: (2)(a) Personal property may be . . . 31 (when the hearing cernid have occurred if claimants had been ready) does not comply with section 932.703 . . .
. . . 89 Firearms, 465 U.S. 354, 104 S.Ct. 1099, 79 L.Ed.2d 361 (1984), a forfeiture pursuant to section 932.703 . . .
. . . As contemplated by the Forfeiture Act, section 932.703, Florida Statutes (1993), no prior court order . . . that such property has been or is being used in violation of the Florida Contraband Forfeiture Act. § 932.703 . . . At the hearing, the court must determine whether probable cause existed for the seizure. § 932.703(2) . . . being used, was attempted to be used, or was intended to be used” in violation of the Forfeiture Act. § 932.703 . . .
. . . See § 932.703(6)(a), Fla. Stat. (1993). Reversed. FRANK and FULMER, JJ., concur. . . .
. . . . §§ 932.701(2)(f) and 932.703, Fla.Stat. (1993). This, the court did. . . . Section 932.703(2)(c), addressing the subject of the adversarial preliminary hearing, provides: [TJhe . . . Thereafter, section 932.703(3), quoted above, limits actions for replevin of “such property.” . . . for which the court has ordered seizure or continued seizure under section 932.703(2)(c). . . . Moreover, we consider that the last sentence of section 932.703(2)(c) implicitly authorized the trial . . .
. . . Section 932.703(2)(a), Fla.Stat. (1992). . . . 31 (when the hearing could have occurred if claimants had been ready) does not comply with section 932.703 . . . Realty cannot be seized, except for the filing of a lis pendens, until after a preliminary hearing. § 932.703 . . .
. . . Paragraph 932.704(6)(b) specifies the contents of the notice, contains a cross-reference to paragraph 932.703 . . .
. . . reasonable inquiry, that such property was employed or was likely to be employed in criminal activity, § 932.703 . . . Although section 932.703(2) provides an innocent-owner exception for property owned jointly by husbands . . .
. . . recognize, of course, that parties such as bona fide lien holders also have standing based on section 932.703 . . .
. . . Section 932.703(2), Florida Statutes, provides that “[n]o property shall be forfeited under [this statute . . . title certificate, we find as a matter of law that she was the “owner” herein for purposes of section 932.703 . . . finding that Yanula Cobbs was not the “owner” of the subject vehicle, within the meaning of section 932.703 . . . vehicle for criminal purposes, the final judgment of forfeiture herein was improperly entered, section 932.703 . . .
. . . . § 932.703, Fla.Stat. (1991). . The seizure of the second vehicle is not challenged. . . .
. . . forfeiture of the interest of the person involved in criminal activity, but we agree that subsection 932.703 . . .
. . . It provides, in pertinent part: A., in Florida Statute Section 932.703(1) (1989) that, All rights and . . . (Emphasis added) B., in Florida Statute Section 932.703(3) (1989) that, (3) No bona fide lienholder’s . . . We note that section 932.703(3) specifically applies to “bona fide” lienholders. . . .
. . . The parties do not dispute that section 932.703, Florida Statutes (1989), applies in this case. . . . Section 932.703(1) authorizes forfeiture of vehicles used to transport, conceal, or possess contraband . . . Section 932.703(2) provides an exception to the forfeiture statute “if the owner of such property establishes . . .
. . . Section 932.703(1), Florida Statutes (1989), provides for forfeiture of any personal property “which . . .
. . . A petition for forfeiture of the aircraft was timely filed pursuant to sections 330.40 and 932.703(1) . . .
. . . Although section 932.703, Florida Statutes (1989) only permits forfeiture of property “which has been . . .
. . . Section 932.703(1), Florida Statutes (1989) governs the procedure for civil forfeiture actions and provides . . . . 4th DCA 1986), an order granting replevin of the defendant’s boat was reversed because “[sjection 932.703 . . . SHARP, JJ., concur. . § 932.703, Fla.Stat. (1989). . . .
. . . .” § 932.703(1), Fla. Stat. (1989). . . . Id. § 932.703(1). . . . Id. § 932.703(2). . . . Id. § 932.703(3). . . . organization, provided such property is not subject to a lien preserved by the court as provided in s. 932.703 . . .
. . . As the City correctly contends, pursuant to section 932.703(1), Florida Statute (1989), the trial court . . . Section 932.703(1), Florida Statute (1989), provides in pertinent part: All rights and interest in and . . . Section 932.703(1), Fla.Stat. (1989). See also Lamar v. . . .
. . . The trial court ruled that section 932.703(2), Florida Statutes (1989), violates due process and equal . . . We agree with the State that section 932.703(2), Florida Statutes (1989), does not violate either the . . . Section 932.703, Florida Statutes, provides, in part, as follows: (2) No property shall be forfeited . . .
. . . Further, section 932.703(2) provides: No property shall be forfeited under the provisions of ss. 932.701 . . .