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Florida Statute 932.703 | Lawyer Caselaw & Research
F.S. 932.703 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 932
PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW
View Entire Chapter
F.S. 932.703
932.703 Forfeiture of contraband article; exceptions.
(1)(a) A contraband article, vessel, motor vehicle, aircraft, other personal property, or real property used in violation of any provision of the Florida Contraband Forfeiture Act, or in, upon, or by means of which any violation of the Florida Contraband Forfeiture Act has taken or is taking place, may be seized and shall be forfeited subject to the Florida Contraband Forfeiture Act. A seizure may occur only if the owner of the property is arrested for a criminal offense that forms the basis for determining that the property is a contraband article under s. 932.701, or one or more of the following circumstances apply:
1. The owner of the property cannot be identified after a diligent search, or the person in possession of the property denies ownership and the owner of the property cannot be identified by means that are available to the employee or agent of the seizing agency at the time of the seizure;
2. The owner of the property is a fugitive from justice or is deceased;
3. An individual who does not own the property is arrested for a criminal offense that forms the basis for determining that the property is a contraband article under s. 932.701 and the owner of the property had actual knowledge of the criminal activity. Evidence that an owner received written notification from a law enforcement agency and acknowledged receipt of the notification in writing, that the seized asset had been used in violation of the Florida Contraband Forfeiture Act on a prior occasion by the arrested person, may be used to establish actual knowledge;
4. The owner of the property agrees to be a confidential informant as defined in s. 914.28. The seizing agency may not use the threat of property seizure or forfeiture to coerce the owner of the property to enter into a confidential informant agreement. The seizing agency shall return the property to the owner if criminal charges are not filed against the owner and the active criminal investigation ends or if the owner ceases being a confidential informant, unless the agency includes the final forfeiture of the property as a component of the confidential informant agreement; or
5. The property is a monetary instrument. For purposes of this subparagraph, the term “monetary instrument” means coin or currency of the United States or any other country; a traveler’s check; a personal check; a bank check; a cashier’s check; a money order; a bank draft of any country; an investment security or negotiable instrument in bearer form or in other form such that title passes upon delivery; a prepaid or stored value card or other device that is the equivalent of money and can be used to obtain cash, property, or services; or gold, silver, or platinum bullion or coins.
(b) After property is seized pursuant to the Florida Contraband Forfeiture Act, regardless of whether the civil complaint has been filed, all settlements must be personally approved by the head of the law enforcement agency that seized the property. If the agency head is unavailable and a delay would adversely affect the settlement, approval may be given by a subordinate of the agency head who is designated to grant such approval.
(c) If at least 90 days have elapsed since the initial seizure of the property and the seizing agency has failed to locate the owner after making a diligent effort, the seized property is deemed a contraband article that is subject to forfeiture under the Florida Contraband Forfeiture Act.
(d)1. The seizing agency may not use the seized property for any purpose until the rights to, interest in, and title to the seized property are perfected in accordance with the Florida Contraband Forfeiture Act. This section does not prohibit use or operation necessary for reasonable maintenance of seized property. Reasonable efforts shall be made to maintain seized property in such a manner as to minimize loss of value.
2. Unless 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. If more than one agency seeks forfeiture of the property, the division of liability under this subparagraph may be governed by the terms of an agreement between the agencies.
(2)(a) When a seizure of property is made under the Florida Contraband Forfeiture Act, the seizing agency shall apply, within 10 business days after the date of the seizure, to a court of competent jurisdiction for an order determining whether probable cause exists for the seizure of the property. The application for the probable cause determination must be accompanied by a sworn affidavit and may be filed electronically by reliable electronic means.
(b) The court must determine whether:
1. The owner was arrested under paragraph (1)(a), and if not, whether an exception to the arrest requirement specified in paragraph (1)(a) applies; and
2. Probable cause exists for the property seizure under the Florida Contraband Forfeiture Act.
(c) If the court finds that the requirements specified in paragraph (1)(a) were satisfied and that probable cause exists for the seizure, the forfeiture may proceed as set forth in the Florida Contraband Forfeiture Act, and no additional probable cause determination is required unless the claimant requests an adversarial preliminary hearing as set forth in the act. Upon such a finding, the court shall issue a written order finding probable cause for the seizure and order the property held until the issue of a determination of title is resolved pursuant to the procedures defined in the act.
(d) If the court finds that the requirements in paragraph (1)(a) were not satisfied or that probable cause does not exist for the seizure, any forfeiture hold, lien, lis pendens, or other civil encumbrance must be released within 5 days.
(e) The court may seal any portion of the application and the record of any proceeding under the Florida Contraband Forfeiture Act which is exempt or confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution or may otherwise be sealed pursuant to Rule 2.420, Florida Rules of Judicial Administration.
(3)(a) Personal property may be seized at the time of the violation or subsequent to the violation, if the person entitled to notice is notified at the time of the seizure or by certified mail, return receipt requested, that there is a right to an adversarial preliminary hearing after the seizure to determine whether probable cause exists to believe that such property has been or is being used in violation of the Florida Contraband Forfeiture Act. Seizing agencies shall make a diligent effort to notify the person entitled to notice of the seizure. Notice provided by certified mail must be mailed within 5 working days after the seizure and must state that a person entitled to notice may request an adversarial preliminary hearing within 15 days after receiving such notice. When a postseizure, adversarial preliminary hearing as provided in this section is desired, a request must be made in writing by certified mail, return receipt requested, to the seizing agency. The seizing agency shall set and notice the hearing, which must be held within 10 days after the request is received or as soon as practicable thereafter.
(b) Real property may not be seized or restrained, other than by lis pendens, subsequent to a violation of the Florida Contraband Forfeiture Act until the persons entitled to notice are afforded the opportunity to attend the preseizure adversarial preliminary hearing. A lis pendens may be obtained by any method authorized by law. Notice of the adversarial preliminary hearing shall be by certified mail, return receipt requested. The purpose of the adversarial preliminary hearing is to determine whether probable cause exists to believe that such property has been used in violation of the Florida Contraband Forfeiture Act. The seizing agency shall make a diligent effort to notify any person entitled to notice of the seizure. The preseizure adversarial preliminary hearing provided herein shall be held within 10 days of the filing of the lis pendens or as soon as practicable.
(c) When an adversarial preliminary hearing is held, the court shall review the verified affidavit and any other supporting documents and take any testimony to determine whether there is probable cause to believe that the property was used, is being used, was attempted to be used, or was intended to be used in violation of the Florida Contraband Forfeiture Act. If probable cause is established, the court shall authorize the seizure or continued seizure of the subject contraband. A copy of the findings of the court shall be provided to any person entitled to notice.
(d) If the court determines that probable cause exists to believe that such property was used in violation of the Florida Contraband Forfeiture Act, the court shall order the property restrained by the least restrictive means to protect against disposal, waste, or continued illegal use of such property pending disposition of the forfeiture proceeding. The court may order the claimant to post a bond or other adequate security equivalent to the value of the property.
(4) Neither replevin nor any other action to recover any interest in such property shall be maintained in any court, except as provided in this act; however, such action may be maintained if forfeiture proceedings are not initiated within 45 days after the date of seizure. However, if good cause is shown, the court may extend the aforementioned prohibition to 60 days.
(5) In any incident in which possession of any contraband article defined in s. 932.701(2)(a) constitutes a felony, the vessel, motor vehicle, aircraft, other personal property, or real property in or on which such contraband article is located at the time of seizure shall be contraband subject to forfeiture. It shall be presumed in the manner provided in s. 90.302(2) that the vessel, motor vehicle, aircraft, other personal property, or real property in which or on which such contraband article is located at the time of seizure is being used or was attempted or intended to be used in a manner to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of a contraband article defined in s. 932.701(2).
(6) The court shall order the forfeiture of any other property of a claimant, excluding lienholders, up to the value of any property subject to forfeiture under this section if any of the property described in this section:
(a) Cannot be located;
(b) Has been transferred to, sold to, or deposited with, a third party;
(c) Has been placed beyond the jurisdiction of the court;
(d) Has been substantially diminished in value by any act or omission of the person in possession of the property; or
(e) Has been commingled with any property which cannot be divided without difficulty.
(7)(a) Property may not be forfeited under the Florida Contraband Forfeiture Act unless the seizing agency establishes by a preponderance of the evidence that the owner either knew, or should have known after a reasonable inquiry, that the property was being employed or was likely to be employed in criminal activity.
(b) A bona fide lienholder’s interest that has been perfected in the manner prescribed by law prior to the seizure may not be forfeited under the Florida Contraband Forfeiture Act unless the seizing agency establishes by a preponderance of the evidence that the lienholder had actual knowledge, at the time the lien was made, that the property was being employed or was likely to be employed in criminal activity. If a lienholder’s interest is not subject to forfeiture under the requirements of this section, such interest shall be preserved by the court by ordering the lienholder’s interest to be paid as provided in s. 932.7055.
(c) Property titled or registered between husband and wife jointly by the use of the conjunctives “and,” “and/or,” or “or,” in the manner prescribed by law prior to the seizure, may not be forfeited under the Florida Contraband Forfeiture Act unless the seizing agency establishes by a preponderance of the evidence that the co-owner either knew or had reason to know, after reasonable inquiry, that such property was employed or was likely to be employed in criminal activity.
(d) A vehicle that is rented or leased from a company engaged in the business of renting or leasing vehicles, which vehicle was rented or leased in the manner prescribed by law prior to the seizure, may not be forfeited under the Florida Contraband Forfeiture Act, and no fine, penalty, or administrative charge, other than reasonable and customary charges for towing and storage, shall be imposed by any governmental agency on the company which rented or leased the vehicle, unless the seizing agency establishes by preponderance of the evidence that the renter or lessor had actual knowledge, at the time the vehicle was rented or leased, that the vehicle was being employed or was likely to be employed in criminal activity. When a vehicle that is rented or leased from a company engaged in the business of renting or leasing vehicles is seized under the Florida Contraband Forfeiture Act, upon learning the address or phone number of the company, the seizing law enforcement agency shall, as soon as practicable, inform the company that the vehicle has been seized and is available for the company to take possession upon payment of the reasonable and customary charges for towing and storage.
(8) Any interest in, title to, or right to property titled or registered jointly by the use of the conjunctives “and,” “and/or,” or “or” held by a co-owner, other than property held jointly between husband and wife, may not be forfeited unless the seizing agency establishes by a preponderance of the evidence that the co-owner either knew, or had reason to know, after reasonable inquiry, that the property was employed or was likely to be employed in criminal activity. When the interests of each culpable co-owner are forfeited, any remaining co-owners shall be afforded the opportunity to purchase the forfeited interest in, title to, or right to the property from the seizing law enforcement agency. If any remaining co-owner does not purchase such interest, the seizing agency may hold the property in co-ownership, sell its interest in the property, liquidate its interest in the property, or dispose of its interest in the property in any other reasonable manner.
(9) It is an affirmative defense to a forfeiture proceeding that the nexus between the property sought to be forfeited and the commission of any underlying violation was incidental or entirely accidental. The value of the property sought to be forfeited in proportion to any other factors must not be considered in any determination as to this affirmative defense.
History.s. 3, ch. 74-385; s. 3, ch. 80-68; s. 496, ch. 81-259; s. 1, ch. 85-316; s. 3, ch. 89-148; s. 3, ch. 92-54; s. 3, ch. 95-265; s. 32, ch. 96-247; s. 3, ch. 99-234; ss. 70, 71, ch. 99-248; s. 6, ch. 2004-39; s. 31, ch. 2004-344; s. 2, ch. 2016-179.
Note.Former s. 943.43.

F.S. 932.703 on Google Scholar

F.S. 932.703 on Casetext

Amendments to 932.703


Arrestable Offenses / Crimes under Fla. Stat. 932.703
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 932.703.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HUDSON, v. CITY OF SUNRISE,, 237 So. 3d 1031 (Fla. App. Ct. 2018)

. . . 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). . . .

WASHINGTON a v. MARION COUNTY PROSECUTOR,, 264 F. Supp. 3d 957 (S.D. Ind. 2017)

. . . . § 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 . . .

BREVARD COUNTY SHERIFF S OFFICE, v. BROWN,, 208 So. 3d 1281 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

In FORFEITURE OF FORD EXPLORER, No. v. T. M., 203 So. 3d 992 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

In FORFEITURE OF PONTIAC SOLSTICE, No. v. s, 210 So. 3d 78 (Fla. Dist. Ct. App. 2016)

. . . We note that the legislature recently amended section 932.703(l)(d)(2) of the Act to provide, among other . . .

In Re FORFEITURE OF EUROS e v., 170 So. 3d 810 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

MAROLF v. MIAMI- DADE COUNTY,, 172 So. 3d 450 (Fla. Dist. Ct. App. 2015)

. . . COUNT I (THE FLORIDA CONTRABAND FORFEITURE ACT) Under section 932.703(l)(a), “[a]ny contraband article . . .

SMITH, v. BRUSTER,, 151 So. 3d 511 (Fla. Dist. Ct. App. 2014)

. . . No forfeiture proceedings, as required by the Florida Contraband Forfeiture Act, section 932.703 et seq . . .

SANCHEZ, v. CITY OF WEST PALM BEACH,, 149 So. 3d 92 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

BURNS, v. STATE DEPARTMENT OF LEGAL AFFAIRS,, 147 So. 3d 95 (Fla. Dist. Ct. App. 2014)

. . . Appellants requested an adversarial preliminary hearing pursuant to section 932.703(2)(a), Florida Statutes . . .

MOSTOWICZ, v. J. ISRAEL,, 142 So. 3d 976 (Fla. Dist. Ct. App. 2014)

. . . See § 932.703(2), Fla. Stat. (2009). . . .

B. PATEL, v. STATE, 141 So. 3d 1239 (Fla. Dist. Ct. App. 2014)

. . . 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. . . .

WAHEED, v. STATE, 134 So. 3d 531 (Fla. Dist. Ct. App. 2014)

. . . . §§ 932.703(2)(b), 932.704(4), Fla. Stat. (2013). . . . . § 932.703(2)(c), Fla. Stat. . . .

ALASCIA, LLC. LLC. v. STATE DEPARTMENT OF LEGAL AFFAIRS,, 135 So. 3d 402 (Fla. Dist. Ct. App. 2014)

. . . . § 932.703(l)(a), Fla. Stat. . . .

GARCON, v. VAN REETH, Jr., 511 F. App'x 877 (11th Cir. 2013)

. . . . §§ 932.701(2)(a), 932.703. . . .

In FORFEITURE OF IN U. S. CURRENCY. LLC, v., 106 So. 3d 47 (Fla. Dist. Ct. App. 2013)

. . . . § 932.703(2)(c), (d). . . .

CAMPBELL, As v. RACETRACK BINGO, INC. L. M. II, Ft. L. L. C. L. L. C., 75 So. 3d 321 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

SHERIFF OF SEMINOLE COUNTY, v. OLIVER,, 59 So. 3d 232 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

MIAMI- DADE POLICE DEPARTMENT, v. In FORFEITURE OF, 54 So. 3d 595 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

A. TATE, v. DISTRICT OF COLUMBIA,, 627 F.3d 904 (D.C. Cir. 2010)

. . . . § 932.703(1)(a) (1997). . . .

GONZALEZ, v. FORFEITURE OF ONE HUMMER MOTOR VEHICLE, VIN, 42 So. 3d 843 (Fla. Dist. Ct. App. 2010)

. . . Pursuant to Sec. 932.703(2)(a), this request must be in writing and sent by certified mail, return receipt . . .

AULET, v. M. CASTRO f k a M., 44 So. 3d 140 (Fla. Dist. Ct. App. 2010)

. . . Kissimmee Police Dep't, 901 So.2d 420 (Fla. 5th DCA 2005) (holding that the forty-five-day limit in section 932.703 . . .

GOMEZ, v. VILLAGE OF PINECREST,, 41 So. 3d 180 (Fla. 2010)

. . . 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, v. FORFEITURE OF U. S. CURRENCY MIAMI- DADE POLICE DEPARTMENT,, 36 So. 3d 747 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

HERNANDEZ, v. CITY OF MIAMI BEACH,, 23 So. 3d 163 (Fla. Dist. Ct. App. 2009)

. . . . § 932.703(2)(a). . . . days after the request is received [by the seizing agency] or as soon as practicable thereafter.” § 932.703 . . .

GOMEZ, v. VILLAGE OF PINECREST, a, 17 So. 3d 322 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

WHITE CONSTRUCTION COMPANY, INC. a a v. MARTIN MARIETTA MATERIALS, INC. a LLC, a, 633 F. Supp. 2d 1302 (M.D. Fla. 2009)

. . . other individuals] or any similar or related criminal or civil charges, they will, pursuant to Section 932.703 . . .

BREVARD COUNTY SHERIFF S OFFICE, v. BAGGETT,, 4 So. 3d 67 (Fla. Dist. Ct. App. 2009)

. . . .; § 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 . . .

SHULER, v. STATE, 984 So. 2d 1274 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

SMITH, v. CITY OF CHICAGO, A. s, 524 F.3d 834 (7th Cir. 2008)

. . . Stat. 932.703(2)(a). . . .

GRANT, v. LANTANA POLICE DEPARTMENT, a, 967 So. 2d 1064 (Fla. Dist. Ct. App. 2007)

. . . See § 932.703(6)(A), Fla. Stat. (2006). We therefore reverse the summary final judgment. . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. S. FREY,, 965 So. 2d 199 (Fla. Dist. Ct. App. 2007)

. . . . §§ 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 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. RIFE,, 950 So. 2d 1288 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

In FORFEITURE OF SEVEN THOUSAND AND DOLLARS UNITED STATES CURRENCY. v. E., 942 So. 2d 1039 (Fla. Dist. Ct. App. 2006)

. . . . § 932.703(2)(a). . . . . § 932.703(2)(c). . . .

In FORFEITURE OF DODGE INTREPID, VIN NO. FLORIDA TAG L. v., 934 So. 2d 669 (Fla. Dist. Ct. App. 2006)

. . . . § 932.703(1), Fla. Stat. (2005). . . . . § 932.703(2)(a). . . . . § 932.703(2)(c); see also Dep’t of Law Enforcement v. . . .

In FORFEITURE OF CHEVROLET CORVETTE, IDENTIFICATION NO. TAG v. C., 932 So. 2d 623 (Fla. Dist. Ct. App. 2006)

. . . . § 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 . . .

VELEZ, v. MIAMI- DADE COUNTY POLICE DEPARTMENT,, 934 So. 2d 1162 (Fla. 2006)

. . . 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 . . .

CRAIN, v. STATE, 914 So. 2d 1015 (Fla. Dist. Ct. App. 2005)

. . . in fact, there is at least one reference in Florida Statutes to a “verified affidavit,” in section 932.703 . . .

O. HERNANDEZ, v. KISSIMMEE POLICE DEPARTMENT,, 901 So. 2d 420 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

ALVAREZ, v. CITY OF HIALEAH,, 900 So. 2d 761 (Fla. Dist. Ct. App. 2005)

. . . See § 932.703(2)(a), Fla. . . .

GERVAIS, v. CITY OF MELBOURNE,, 890 So. 2d 412 (Fla. Dist. Ct. App. 2004)

. . . Gervais, and she responded by requesting an adversarial preliminary hearing pursuant to section 932.703 . . .

CHUCK v. CITY OF HOMESTEAD POLICE DEPARTMENT, 888 So. 2d 736 (Fla. Dist. Ct. App. 2004)

. . . 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). . . .

VELEZ, v. MIAMI- DADE COUNTY POLICE DEPARTMENT,, 881 So. 2d 1190 (Fla. Dist. Ct. App. 2004)

. . . On December 27, 2002, Velez requested an adversarial preliminary hearing under section 932.703(2)(a) . . .

R. COX, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 881 So. 2d 641 (Fla. Dist. Ct. App. 2004)

. . . , Wheeler conceded that respondents had probable cause to seize her car as contraband under section 932.703 . . .

CITY OF MIAMI, v. S. WELLMAN,, 875 So. 2d 635 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

MURPHY, v. W. FORTUNE, 857 So. 2d 370 (Fla. Dist. Ct. App. 2003)

. . . Jefferson County Sheriffs Department seized $30,180.00 from Appellant, Tony Murphy, pursuant to section 932.703 . . . See § 932.703(2)(a), Fla. Stat. . . .

T. DeGREGORIO, v. F. BALKWILL,, 853 So. 2d 371 (Fla. 2003)

. . . 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 . . .

TOWN OF OAKLAND, v. D. MERCER,, 851 So. 2d 266 (Fla. Dist. Ct. App. 2003)

. . . 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). . . .

PONDELLA HALL FOR HIRE, INC. n k a v. C. W. CROFT,, 844 So. 2d 696 (Fla. Dist. Ct. App. 2003)

. . . various procedural bars to Pondel-la’s suit, including the statute of limitations, laches, and sections 932.703 . . .

DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES, v. MEGAN- NEAVE,, 845 So. 2d 934 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

GONZALEZ, v. CITY OF HOMESTEAD,, 825 So. 2d 1050 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

KRIMSTOCK, v. W. KELLY,, 306 F.3d 40 (2d Cir. 2002)

. . . . § 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 . . .

In LINCOLN TOWN CAR, VIN VIN F. v. T., 826 So. 2d 342 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

BUTLER, v. CITY OF MELBOURNE POLICE DEPARTMENT,, 812 So. 2d 547 (Fla. Dist. Ct. App. 2002)

. . . Contraband Forfeiture Act”; that Butler requested the preliminary “probable cause” hearing under section 932.703 . . .

E. BEARY, v. BRUCE, III,, 804 So. 2d 579 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

CITY OF CORAL SPRINGS, v. FORFEITURE OF A FORD RANGER PICKUP TRUCK VIN FL TAG, 803 So. 2d 847 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

In FORFEITURE OF A LEXUS ES VIN v. E., 798 So. 2d 8 (Fla. Dist. Ct. App. 2001)

. . . 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 . . .

C. JENNE, II, v. J. MEADOWS,, 792 So. 2d 518 (Fla. Dist. Ct. App. 2001)

. . . days of receipt of claimant’s request, or as soon as practicable thereafter, as required by section 932.703 . . .

B. W. a v. STATE, 784 So. 2d 1219 (Fla. Dist. Ct. App. 2001)

. . . 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 . . .

CREPAGE, v. CITY OF LAUDERHILL,, 774 So. 2d 61 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

JEAN- LOUIS, v. FORFEITURE OF IN U. S. CURRENCY,, 767 So. 2d 595 (Fla. Dist. Ct. App. 2000)

. . . Desilia, standing to participate in the adversarial probable cause hearing held pursuant to section 932.703 . . .

GAY, v. BEARY,, 758 So. 2d 1242 (Fla. Dist. Ct. App. 2000)

. . . 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). . . .

FARROW, v. PERRY POLICE DEPARTMENT,, 744 So. 2d 1263 (Fla. Dist. Ct. App. 1999)

. . . appellant filed a response in which he asserted ap-pellee had not complied with the requirements of section 932.703 . . .

J. GOLON, v. JENNE,, 739 So. 2d 659 (Fla. Dist. Ct. App. 1999)

. . . 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 . . .

CITY OF DAYTONA BEACH, v. BUSH,, 742 So. 2d 335 (Fla. Dist. Ct. App. 1999)

. . . 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. . . .

BAY COUNTY SHERIFF S OFFICE, v. TYNDALL FEDERAL CREDIT UNION TFCU D. S-, 738 So. 2d 456 (Fla. Dist. Ct. App. 1999)

. . . . § 932.703(6)(b), Fla. Stat. (Supp.1996) (emphasis added).' . . .

B. BEARY, v. GAY,, 732 So. 2d 478 (Fla. Dist. Ct. App. 1999)

. . . See § 932.703, Fla. Stat. (1993). . . .

FLORIDA v. WHITE, 526 U.S. 559 (U.S. 1999)

. . . 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 . . .

JOHNSON, v. STATE, 764 So. 2d 21 (Fla. Dist. Ct. App. 1999)

. . . Under section 932.703(2)(a), Florida Statutes (1997), an adversarial preliminary hearing must be requested . . .

In FORFEITURE OF ONE HONDA PRELUDE v., 730 So. 2d 334 (Fla. Dist. Ct. App. 1999)

. . . 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 . . .

E. CLARK, v. LAKE CITY POLICE DEPARTMENT,, 723 So. 2d 901 (Fla. Dist. Ct. App. 1999)

. . . the state did not file the forfeiture action in a timely manner within 45 days as required by section 932.703 . . .

CITY OF FORT LAUDERDALE, v. BARUCH,, 718 So. 2d 843 (Fla. Dist. Ct. App. 1998)

. . . 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). . . .

In FORFEITURE OF ONE HUNDRED SEVENTY- ONE THOUSAND NINE HUNDRED DOLLARS IN UNITED STATES CURRENCY, 711 So. 2d 1269 (Fla. Dist. Ct. App. 1998)

. . . 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). . . .

WHITE, v. STATE, 710 So. 2d 949 (Fla. 1998)

. . . 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 . . .

KERN, v. STATE, 706 So. 2d 1366 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

MUNOZ, v. CITY OF CORAL GABLES,, 695 So. 2d 1283 (Fla. Dist. Ct. App. 1997)

. . . legal counsel, requested an adversarial preliminary hearing within ten days as prescribed by section 932.703 . . .

S. TRAMEL, III, v. STEWART, Jr. J., 697 So. 2d 821 (Fla. 1997)

. . . . § 932.703, Fla.Stat. (1989). . . .

JONES, v. STATE, 681 So. 2d 923 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

STATE DEPARTMENT OF HIGHWAY AND SAFETY AND MOTOR VEHICLES, v. METIVER,, 684 So. 2d 204 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

CHILLINGTON, v. STATE, 682 So. 2d 1137 (Fla. Dist. Ct. App. 1996)

. . . 89 Firearms, 465 U.S. 354, 104 S.Ct. 1099, 79 L.Ed.2d 361 (1984), a forfeiture pursuant to section 932.703 . . .

WHITE, v. STATE, 680 So. 2d 550 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

In FORFEITURE OF STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLE v. McCLUSTER Sr., 668 So. 2d 1000 (Fla. Dist. Ct. App. 1996)

. . . See § 932.703(6)(a), Fla. Stat. (1993). Reversed. FRANK and FULMER, JJ., concur. . . .

STATE v. GLASS, STATE v. MILLENDER,, 657 So. 2d 934 (Fla. Dist. Ct. App. 1995)

. . . . §§ 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 . . .

COCHRAN, v. HARRIS, 654 So. 2d 969 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

HICKS, v. CITY OF HIALEAH, In FORFEITURE OF IN U. S. CURRENCY, ETC, 647 So. 2d 984 (Fla. Dist. Ct. App. 1994)

. . . Paragraph 932.704(6)(b) specifies the contents of the notice, contains a cross-reference to paragraph 932.703 . . .

In FORFEITURE OF ISUZU PICKUP TRUCK, VIN ALABAMA TAG, 612 So. 2d 695 (Fla. Dist. Ct. App. 1993)

. . . 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 . . .

C. BYROM, v. GALLAGHER,, 609 So. 2d 24 (Fla. 1992)

. . . recognize, of course, that parties such as bona fide lien holders also have standing based on section 932.703 . . .

In FORFEITURE OF CHEVROLET, VIN COBBS, v. JOHNSON, Co., 605 So. 2d 1322 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

METRO- DADE POLICE DEPARTMENT OF DADE COUNTY, v. HIDALGO,, 601 So. 2d 1259 (Fla. Dist. Ct. App. 1992)

. . . . § 932.703, Fla.Stat. (1991). . The seizure of the second vehicle is not challenged. . . .

In FORFEITURE OF FORD RANGER PICKUP TRUCK,, 598 So. 2d 1070 (Fla. 1992)

. . . forfeiture of the interest of the person involved in criminal activity, but we agree that subsection 932.703 . . .

In FORFEITURE UNITED STATES CURRENCY IN THE AMOUNT OF NINETY- ONE THOUSAND THREE HUNDRED FIFTY- SEVEN AND DOLLARS, 595 So. 2d 998 (Fla. Dist. Ct. App. 1992)

. . . 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. . . .

In FORFEITURE OF OLDSMOBILE, VIN, 593 So. 2d 1087 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

FLETCHER, v. METRO DADE POLICE DEPARTMENT LAW ENFORCEMENT TRUST FUND,, 593 So. 2d 266 (Fla. Dist. Ct. App. 1992)

. . . Section 932.703(1), Florida Statutes (1989), provides for forfeiture of any personal property “which . . .

In FORFEITURE OF PIPER NAVAJO, MODEL PA- S N- U. S. REGISTRATON N-, 592 So. 2d 233 (Fla. 1992)

. . . A petition for forfeiture of the aircraft was timely filed pursuant to sections 330.40 and 932.703(1) . . .

WILDWOOD POLICE DEPARTMENT, v. WYATT, Sr., 588 So. 2d 59 (Fla. Dist. Ct. App. 1991)

. . . Although section 932.703, Florida Statutes (1989) only permits forfeiture of property “which has been . . .

CITY OF ORMOND BEACH, v. KOSMALSKI,, 588 So. 2d 35 (Fla. Dist. Ct. App. 1991)

. . . 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). . . .

DEPARTMENT OF LAW ENFORCEMENT, v. REAL PROPERTY,, 588 So. 2d 957 (Fla. 1991)

. . . .” § 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 . . .

CITY OF CORAL GABLES, v. VALDES,, 582 So. 2d 148 (Fla. Dist. Ct. App. 1991)

. . . 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. . . .

In FORFEITURE OF FORD RANGER PICKUP TRUCK, VIN FLORIDA LICENSE DPU U. S., 582 So. 2d 3 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

In FORFEITURE OF ONE VELOCITY GO- FAST VESSEL, H. I. N FL TCTR V. I. N., 577 So. 2d 678 (Fla. Dist. Ct. App. 1991)

. . . Further, section 932.703(2) provides: No property shall be forfeited under the provisions of ss. 932.701 . . .