Florida Statute 932.703 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 932
PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW

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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;

(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 CourtListener

Amendments to 932.703

Annotations, Discussions, Cases:

Cases Citing Statute 932.703

Total Results: 176

Department of Law Enf. v. Real Property

588 So. 2d 957, 1991 WL 155125

Supreme Court of Florida | Filed: Dec 2, 1991 | Docket: 1708313

Cited 106 times | Published

enumerated violation "has taken or is taking place." § 932.703(1), Fla. Stat. (1989). The Act can be read to

Department of Law Enf. v. Real Property

588 So. 2d 957, 1991 WL 155125

Supreme Court of Florida | Filed: Dec 2, 1991 | Docket: 1708313

Cited 106 times | Published

enumerated violation "has taken or is taking place." § 932.703(1), Fla. Stat. (1989). The Act can be read to

Tramel v. Stewart

697 So. 2d 821, 1997 WL 430004

Supreme Court of Florida | Filed: Jun 19, 1997 | Docket: 1776751

Cited 28 times | Published

such real property was subject to forfeiture. § 932.703, Fla.Stat. (1989). While we have not addressed

Velez v. MIAMI-DADE COUNTY POLICE DEPT.

934 So. 2d 1162, 31 Fla. L. Weekly Supp. 641, 2006 Fla. LEXIS 1341, 2006 WL 1699468

Supreme Court of Florida | Filed: Jun 22, 2006 | Docket: 1461228

Cited 23 times | Published

requested an adversarial preliminary hearing under section 932.703(2)(a), Florida Statutes (2002). Velez did not

In Re App. 48,900 Dollars in US Currency

432 So. 2d 1382

District Court of Appeal of Florida | Filed: Jun 22, 1983 | Docket: 1265203

Cited 22 times | Published

claimant to repossession of the item.[6]See section 932.703(2)-(3), Florida Statutes (1981); see also United

Gomez v. Village of Pinecrest

41 So. 3d 180, 35 Fla. L. Weekly Supp. 432, 2010 Fla. LEXIS 1116, 2010 WL 2680276

Supreme Court of Florida | Filed: Jul 8, 2010 | Docket: 1230786

Cited 18 times | Published

Gomez argued in response that pursuant to section 932.703(2)(a), Florida Statutes (2008), a preliminary

DeGregorio v. Balkwill

853 So. 2d 371, 2003 WL 21981972

Supreme Court of Florida | Filed: Aug 21, 2003 | Docket: 1189311

Cited 17 times | Published

provision also refers to this time limitation. Section 932.703 is entitled "Forfeiture of contraband article;

Crain v. State

914 So. 2d 1015, 2005 WL 3076606

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1781519

Cited 14 times | Published

Florida Statutes to a "verified affidavit," in section 932.703, Florida Statutes (2004), the statute dealing

Smith v. Hindery

454 So. 2d 663

District Court of Appeal of Florida | Filed: Jul 25, 1984 | Docket: 444471

Cited 14 times | Published

for certain illegal purposes "shall be seized" (§ 932.703(1)); the state attorney "shall promptly proceed

Byrom v. Gallagher

609 So. 2d 24, 1992 WL 348293

Supreme Court of Florida | Filed: Nov 19, 1992 | Docket: 1738270

Cited 11 times | Published

fide lien holders also have standing based on section 932.703(3), Florida Statutes (1987). However, the standing

Lámar v. Universal Supply Co., Inc.

479 So. 2d 109, 10 Fla. L. Weekly 622

Supreme Court of Florida | Filed: Nov 27, 1985 | Docket: 463516

Cited 11 times | Published

District, which declared invalid a state statute, section 932.703(1), Florida Statutes (1983). Lamar v. Universal

Cochran v. Harris

654 So. 2d 969, 20 Fla. L. Weekly Fed. D 964

District Court of Appeal of Florida | Filed: Apr 19, 1995 | Docket: 179148

Cited 10 times | Published

after the request or as soon as practicable." Section 932.703(2)(a), Fla. Stat. (1992).[2] The sequence of

Crepage v. City of Lauderhill

774 So. 2d 61, 2000 WL 1671577

District Court of Appeal of Florida | Filed: Nov 8, 2000 | Docket: 1330896

Cited 9 times | Published

to appellant by certified mail pursuant to section 932.703(2)(a), Florida Statutes (1999). The notice

City of Fort Lauderdale v. Baruch

718 So. 2d 843, 1998 WL 484044

District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 466345

Cited 9 times | Published

potentially entitled to receive notification under section 932.703(2)(a), Florida Statutes (1995), of the City's

White Construction Co. v. Martin Marietta Materials, Inc.

633 F. Supp. 2d 1302, 2009 U.S. Dist. LEXIS 29467, 2009 WL 961135

District Court, M.D. Florida | Filed: Apr 7, 2009 | Docket: 1266875

Cited 8 times | Published

criminal or civil charges, they will, pursuant to Section 932.703 of the Florida Statutes, or comparable statutes

In Re Forfeiture of $171,900

711 So. 2d 1269, 1998 WL 251213

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 2450568

Cited 8 times | Published

proceeds from other money laundering activity. Section 932.703(1)(a) of Florida's Contraband Forfeiture Act

Kern v. State

706 So. 2d 1366, 1998 WL 31499

District Court of Appeal of Florida | Filed: Jan 30, 1998 | Docket: 1682567

Cited 8 times | Published

traced to a specific narcotics transaction. Section 932.703 provides that any contraband article may be

Munoz v. City of Coral Gables

695 So. 2d 1283, 1997 Fla. App. LEXIS 7189, 1997 WL 345638

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 425072

Cited 8 times | Published

preliminary hearing within ten days as prescribed by section 932.703(2)(a) (1995).[2] On September 11, 1996, the

Lámar v. Wheels Unlimited, Inc.

513 So. 2d 135, 12 Fla. L. Weekly 507, 1987 Fla. LEXIS 2721

Supreme Court of Florida | Filed: Oct 1, 1987 | Docket: 1295027

Cited 8 times | Published

Florida Contraband Forfeiture Act provides in section 932.703(2), Florida Statutes (1985): No property shall

Jayre Inc. v. WACHOVIA BANK & TR. CO.

420 So. 2d 937

District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 1306642

Cited 8 times | Published

precedent to forfeiture of personal property under Section 932.703, Florida Statutes (1981), "which has been or

Alvarez v. City of Hialeah

900 So. 2d 761, 2005 Fla. App. LEXIS 6509, 2005 WL 1027087

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1514223

Cited 7 times | Published

seized currency and elicit drug activities. See § 932.703(2)(a), Fla. Stat. (2004); In re Forfeiture of

Jean-Louis v. FORFEITURE OF $203,595.00

767 So. 2d 595, 2000 WL 1283864

District Court of Appeal of Florida | Filed: Sep 13, 2000 | Docket: 1661713

Cited 7 times | Published

adversarial probable cause hearing held pursuant to section 932.703(c) and (d), Florida Statutes (1999), on the

Marks v. State

416 So. 2d 872

District Court of Appeal of Florida | Filed: Jul 14, 1982 | Docket: 1225338

Cited 7 times | Published

conceal or possess any contraband article. Section 932.703 outlines the procedure for the forfeiture of

Town of Oakland v. Mercer

851 So. 2d 266, 2003 Fla. App. LEXIS 11727, 2003 WL 21766236

District Court of Appeal of Florida | Filed: Aug 1, 2003 | Docket: 1312964

Cited 6 times | Published

property seizeda due process requirement. See § 932.703(2)(a), Fla. Stat. (2000); In re Forfeiture of

Clark v. Lake City Police Dept.

723 So. 2d 901, 1999 Fla. App. LEXIS 75, 1999 WL 4954

District Court of Appeal of Florida | Filed: Jan 8, 1999 | Docket: 1320138

Cited 6 times | Published

timely manner within 45 days as required by section 932.703(3), Florida Statutes. We find that the record

State v. Crenshaw

548 So. 2d 223, 1989 WL 101535

Supreme Court of Florida | Filed: Aug 31, 1989 | Docket: 1333736

Cited 6 times | Published

possess any contraband article." Further, section 932.703(1) in pertinent part states: "In any incident

DEPT. OF HIGHWAY SAFETY & MV v. Pollack

462 So. 2d 1199, 10 Fla. L. Weekly 297

District Court of Appeal of Florida | Filed: Jan 29, 1985 | Docket: 449575

Cited 6 times | Published

subject to forfeiture" and "shall be seized." § 932.703, Fla. Stat. (1981). Its evident that the legislature

Smith v. City of Miami Beach

440 So. 2d 611, 1983 Fla. App. LEXIS 24158

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 2524276

Cited 6 times | Published

the city while being used in criminal activity. § 932.703, Fla. Stat. (1981).[1] Under Florida law, a lien

Williams v. Miller

433 So. 2d 33

District Court of Appeal of Florida | Filed: Jun 16, 1983 | Docket: 797099

Cited 6 times | Published

forfeiture of appellant's pickup truck under section 932.703(1), Florida Statutes (1981), because there

Gomez v. Village of Pinecrest

17 So. 3d 322, 2009 Fla. App. LEXIS 8690, 2009 WL 1872476

District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 1141877

Cited 5 times | Published

adversarial preliminary hearing, conducted under section 932.703(2)(a), Florida Statutes (2007), of the Florida

Gervais v. City of Melbourne

890 So. 2d 412, 2004 Fla. App. LEXIS 19671, 2004 WL 2965456

District Court of Appeal of Florida | Filed: Dec 23, 2004 | Docket: 1286325

Cited 5 times | Published

adversarial preliminary hearing pursuant to section 932.703(2)(a), Florida Statutes (2004). At the adversarial

City of Miami v. Wellman

875 So. 2d 635, 2004 Fla. App. LEXIS 894, 2004 WL 231192

District Court of Appeal of Florida | Filed: Feb 4, 2004 | Docket: 1683951

Cited 5 times | Published

968 (Fla.1991). Under the Forfeiture Act, section 932.703(6)(a), Florida Statutes (2002), property may

STATE DEPT. OF HWY. & SAF. v. Metiver

684 So. 2d 204, 1996 WL 603722

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 1482226

Cited 5 times | Published

order setting a hearing for October 18, 1995. Section 932.703(2)(a), Florida Statutes, provides in pertinent

City of Miami v. Barclay

563 So. 2d 203, 1990 Fla. App. LEXIS 4597, 1990 WL 88094

District Court of Appeal of Florida | Filed: Jun 26, 1990 | Docket: 1281532

Cited 5 times | Published

meaning of the forfeiture statute. Based on section 932.703(1), Florida Statutes (1989), the city argued

Morton v. Gardner

513 So. 2d 725, 1988 A.M.C. 2587

District Court of Appeal of Florida | Filed: Sep 29, 1987 | Docket: 1689338

Cited 5 times | Published

other personal property" carrying contraband. § 932.703. It requires that the State promptly institute

City of St. Petersburg Beach v. Jewell

489 So. 2d 78, 11 Fla. L. Weekly 980, 1986 Fla. App. LEXIS 7464

District Court of Appeal of Florida | Filed: Apr 23, 1986 | Docket: 545423

Cited 5 times | Published

sections 932.701-703, Florida Statutes (1983). Section 932.703 is to the effect that any motor vehicle which

Lámar v. Universal Supply Co., Inc.

452 So. 2d 627

District Court of Appeal of Florida | Filed: Jun 7, 1984 | Docket: 474536

Cited 5 times | Published

The specific provision at issue herein is section 932.703(1), Florida Statutes (1983), which provides

City of Clearwater v. ONE 1980 PORSCHE 911 SC, VEHICLE ID 91A0140918

426 So. 2d 1260, 1983 Fla. App. LEXIS 18615

District Court of Appeal of Florida | Filed: Feb 11, 1983 | Docket: 1283460

Cited 5 times | Published

vehicle is subject to forfeiture pursuant to section 932.703(1). The issue here is whether the Porsche was

Cox v. DEPARTMENT OF HIGHWAY SAFETY

881 So. 2d 641, 2004 WL 1799771

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1748721

Cited 4 times | Published

cause to seize her car as contraband under section 932.703. *646 Id. 546 So.2d at 725. In this case, although

Gonzalez v. City of Homestead

825 So. 2d 1050, 2002 Fla. App. LEXIS 13430, 2002 WL 31059555

District Court of Appeal of Florida | Filed: Sep 18, 2002 | Docket: 1691260

Cited 4 times | Published

requested an adversary preliminary hearing. See § 932.703(2)(c), Florida Statutes (2001). At the hearing

Golon v. Jenne

739 So. 2d 659, 1999 WL 625422

District Court of Appeal of Florida | Filed: Aug 18, 1999 | Docket: 1688754

Cited 4 times | Published

such request. See 588 So.2d at 965-66; see also § 932.703, Fla. Stat. Additionally, an agency seeking forfeiture

White v. State

680 So. 2d 550, 1996 WL 419328

District Court of Appeal of Florida | Filed: Jul 29, 1996 | Docket: 1201899

Cited 4 times | Published

cocaine. As contemplated by the Forfeiture Act, section 932.703, Florida Statutes (1993), no prior court order

In Re Forfeiture of One 1946 Lockheed

493 So. 2d 10

District Court of Appeal of Florida | Filed: Jul 11, 1986 | Docket: 2523105

Cited 4 times | Published

interest is not subject to the protection of section 932.703(2), Florida Statutes (1985). Affirmed. LEHAN

In Re Forfeiture of One 1979 Chevrolet C10 Van

490 So. 2d 240

District Court of Appeal of Florida | Filed: Jun 27, 1986 | Docket: 1489122

Cited 4 times | Published

protection, but only under certain circumstances. Section 932.703(3), Florida Statutes (1985), provides: (3)

Pheil v. Griffin

469 So. 2d 942, 10 Fla. L. Weekly 1343

District Court of Appeal of Florida | Filed: May 30, 1985 | Docket: 1272278

Cited 4 times | Published

possession or concealment of such contraband. See § 932.703(1), Fla. Stat. (1983). This plane fits in neither

Weisz v. Miami Shores Village

461 So. 2d 138, 9 Fla. L. Weekly 2454, 1984 Fla. App. LEXIS 15875

District Court of Appeal of Florida | Filed: Nov 20, 1984 | Docket: 1514664

Cited 4 times | Published

not meet her burden of proof, as imposed by Section 932.703(2), to show that she neither knew nor should

State v. Pomerance

434 So. 2d 329

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 1693097

Cited 4 times | Published

found no case addressing this issue. However, section 932.703, Florida Statutes (1981), which provides for

Smith v. Bruster

151 So. 3d 511, 2014 Fla. App. LEXIS 17682, 2014 WL 5462468

District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 60244463

Cited 3 times | Published

by the Florida Contraband Forfeiture Act, section 932.703 et seq., Florida Statutes, were conducted,

Burns v. State, Department of Legal Affairs

147 So. 3d 95, 2014 WL 3756382, 2014 Fla. App. LEXIS 11757

District Court of Appeal of Florida | Filed: Aug 1, 2014 | Docket: 60243427

Cited 3 times | Published

adversarial preliminary hearing pursuant to section 932.703(2)(a), Florida Statutes (2013). They sought

Hernandez v. KISSIMMEE POLICE DEPT.

901 So. 2d 420, 2005 Fla. App. LEXIS 7565, 2005 WL 1185820

District Court of Appeal of Florida | Filed: May 20, 2005 | Docket: 1666229

Cited 3 times | Published

for up to 60 days if good cause is shown. Section 932.703(3) of the Florida Statutes provides: 932.703

Chuck v. City of Homestead Police Dept.

888 So. 2d 736

District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 1697106

Cited 3 times | Published

adversarial preliminary hearing pursuant to section 932.703(2)(a), Florida Statutes (2000), claiming the

Butler v. CITY OF MELBOURNE POLICE DEPT.

812 So. 2d 547, 2002 Fla. App. LEXIS 4085, 2002 WL 463404

District Court of Appeal of Florida | Filed: Mar 28, 2002 | Docket: 1364319

Cited 3 times | Published

preliminary "probable cause" hearing under section 932.703(2)(a), Florida Statutes; that Butler received

In Re Forfeiture of 1994 Honda Prelude

730 So. 2d 334

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 1755402

Cited 3 times | Published

the complaint to 60 days. She relied upon section 932.703(3), Florida Statutes (1997) which says: (3)

State v. Glass

657 So. 2d 934, 1995 WL 405275

District Court of Appeal of Florida | Filed: Jul 11, 1995 | Docket: 463876

Cited 3 times | Published

initiated a forfeiture proceeding, relying upon section 932.703(3), Florida Statutes (1993), which provides:

Crenshaw v. State

521 So. 2d 138, 1988 WL 2636

District Court of Appeal of Florida | Filed: Mar 10, 1988 | Docket: 1703601

Cited 3 times | Published

conceal or possess any contraband article. Section 932.703(1) provides: Any vessel, motor vehicle, aircraft

Wheeler v. State

472 So. 2d 847, 10 Fla. L. Weekly 1715

District Court of Appeal of Florida | Filed: Jul 15, 1985 | Docket: 1764821

Cited 3 times | Published

controlled by the application of Fla. Stat. section 932.703(2) (1983) to the facts presented below. That

Brevard County Sheriff's Office v. Baggett

4 So. 3d 67, 2009 Fla. App. LEXIS 3481, 2009 WL 413500

District Court of Appeal of Florida | Filed: Feb 20, 2009 | Docket: 1666828

Cited 2 times | Published

used in violation of the Forfeiture Act. Id.; § 932.703(2)(c), Fla. Stat. (2007). The second stage is

Velez v. MIAMI-DADE COUNTY POLICE DEPT.

881 So. 2d 1190, 2004 Fla. App. LEXIS 13649, 2004 WL 2049820

District Court of Appeal of Florida | Filed: Sep 15, 2004 | Docket: 1465694

Cited 2 times | Published

requested an adversarial preliminary hearing under section 932.703(2)(a) of the Florida Contraband Forfeiture

Murphy v. Fortune

857 So. 2d 370, 2003 WL 22432450

District Court of Appeal of Florida | Filed: Oct 28, 2003 | Docket: 1774146

Cited 2 times | Published

00 from Appellant, Tony Murphy, pursuant to section 932.703(2)(a), Florida Statutes (2000) (the Florida

In Re Forfeiture of 1988 Lincoln Town Car

826 So. 2d 342, 2002 WL 799706

District Court of Appeal of Florida | Filed: May 1, 2002 | Docket: 1198206

Cited 2 times | Published

the failure to promptly proceed appears in section 932.703(3), which provides: Neither replevin nor any

Beary v. Bruce

804 So. 2d 579, 2002 WL 63189

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 2518411

Cited 2 times | Published

governing adversarial preliminary hearings, section 932.703(2)(c), Florida Statutes, reads: *581 When

Beary v. Gay

732 So. 2d 478, 1999 WL 317447

District Court of Appeal of Florida | Filed: May 21, 1999 | Docket: 1513439

Cited 2 times | Published

search of a car in which she was a passenger. See § 932.703, Fla. Stat. (1993). The trial court entered a

White v. State

710 So. 2d 949, 1998 WL 79060

Supreme Court of Florida | Filed: Feb 26, 1998 | Docket: 1731455

Cited 2 times | Published

found no case addressing this issue. However, section 932.703, Florida Statutes (1981), which provides for

Wheeler v. Corbin

546 So. 2d 723, 1989 WL 83146

Supreme Court of Florida | Filed: Jul 20, 1989 | Docket: 1442118

Cited 2 times | Published

the judgment of forfeiture. It found under section 932.703(2), Florida Statutes (1985), that Wheeler "neither

Pompano Beach v. GEN. MOBILE HOME BROKERS

493 So. 2d 97, 11 Fla. L. Weekly 1939

District Court of Appeal of Florida | Filed: Sep 10, 1986 | Docket: 2536092

Cited 2 times | Published

motion to dismiss the replevin action based on section 932.703(1), Florida Statutes (1983). The trial court

Cabrera v. Dept. of Natural Resources

478 So. 2d 454, 10 Fla. L. Weekly 2521, 1985 Fla. App. LEXIS 16711

District Court of Appeal of Florida | Filed: Nov 12, 1985 | Docket: 1484949

Cited 2 times | Published

to forfeiture only when it becomes contraband, § 932.703, Fla. Stat. (1983), as defined in section 932

One 1976 Dodge Van v. State

447 So. 2d 984

District Court of Appeal of Florida | Filed: Mar 19, 1984 | Docket: 1311824

Cited 2 times | Published

exchange, or giving away of any contraband article. § 932.703(1): Any vessel, motor vehicle, aircraft, and other

In Re Forfeiture of Cessna 401 Aircraft, N8428F

431 So. 2d 674, 1983 Fla. App. LEXIS 19835

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 1512074

Cited 2 times | Published

Dykes, 127 Fla. 665, 173 So. 904 (1937). Section 932.703(2), Florida Statutes (1981), provides as follows:

MICHAEL HUDSON v. CITY OF SUNRISE

237 So. 3d 1031

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304706

Cited 1 times | Published

adversarial preliminary hearing pursuant to section 932.703(2)(a), Florida Statutes (2015). 1 Hudson refused

Orlando Sanchez v. City of West Palm Beach

149 So. 3d 92, 2014 Fla. App. LEXIS 13668, 2014 WL 4328192

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150786

Cited 1 times | Published

acquired from illegal gambling. As provided by section 932.703(2)(a), Florida Statutes (2013), Sanchez requested

Patel v. State

141 So. 3d 1239, 2014 WL 2892353, 2014 Fla. App. LEXIS 9713

District Court of Appeal of Florida | Filed: Jun 27, 2014 | Docket: 60241774

Cited 1 times | Published

and the subject bank accounts as required by section 932.703(2)(c), Florida Statutes (2013), and, as a result

Waheed v. State

134 So. 3d 531, 2014 WL 885681, 2014 Fla. App. LEXIS 3443

District Court of Appeal of Florida | Filed: Mar 7, 2014 | Docket: 60239264

Cited 1 times | Published

intended to be used” in violation of the FCFA. § 932.703(2)(c), Fla. Stat. If the court determines that

Gonzalez v. City of Tampa

106 So. 3d 47, 2013 Fla. App. LEXIS 1545, 2013 WL 376082

District Court of Appeal of Florida | Filed: Feb 1, 2013 | Docket: 60228209

Cited 1 times | Published

seizure or continued seizure of the property. § 932.703(2)(c), (d). If the seizure is found to be supported

Campbell v. Racetrack Bingo, Inc.

75 So. 3d 321, 2011 Fla. App. LEXIS 16267, 2011 WL 4905744

District Court of Appeal of Florida | Filed: Oct 17, 2011 | Docket: 60303685

Cited 1 times | Published

Bingo, Inc. Under the procedures set out in section 932.703, Florida Statutes, Sheriff *323Campbell obtained

Miami-Dade Police Department v. Forfeiture of $15,875.51

54 So. 3d 595, 2011 Fla. App. LEXIS 1898, 2011 WL 638219

District Court of Appeal of Florida | Filed: Feb 16, 2011 | Docket: 60298341

Cited 1 times | Published

proceeding in question. The plain language of section 932.703(2)(c), Florida Statutes, mandates, in pertinent

Carbajal v. Forfeiture of U.S. Currency $75,781.00: Miami-Dade Police Department

36 So. 3d 747, 2010 Fla. App. LEXIS 5271, 2010 WL 1571189

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 2409356

Cited 1 times | Published

adversarial probable cause hearing pursuant to section 932.703(2)(a), Florida Statutes (2009). On November

DEPARTMENT OF HIGHWAY SAFETY v. Rife

950 So. 2d 1288, 2007 WL 858626

District Court of Appeal of Florida | Filed: Mar 23, 2007 | Docket: 1501298

Cited 1 times | Published

provisions of the Florida Contraband Forfeiture Act. § 932.703(1)(a), Fla. Stat. (2005). Section 932.701(2)(a)

DEPARTMENT OF HIGHWAY SAFETY v. Rife

950 So. 2d 1288, 2007 WL 858626

District Court of Appeal of Florida | Filed: Mar 23, 2007 | Docket: 1501298

Cited 1 times | Published

provisions of the Florida Contraband Forfeiture Act. § 932.703(1)(a), Fla. Stat. (2005). Section 932.701(2)(a)

In Re Forfeiture of Seven Thou. and 00/100

942 So. 2d 1039, 2006 WL 3524108

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 1737059

Cited 1 times | Published

has a specified time to request such a hearing. § 932.703(2)(a). If requested, the hearing must be held

In Re Forfeiture of 1999 Dodge Intrepid

934 So. 2d 669

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 1461073

Cited 1 times | Published

contraband may be seized and ultimately forfeited. § 932.703(1), Fla. Stat. (2005). Following the seizure of

City of Coral Springs v. Forfeiture of a 1997 Ford Ranger Pickup Truck VIN 1FTCR10A4VTA62475 FL Tag 3U16BDE

803 So. 2d 847, 2002 Fla. App. LEXIS 7, 2002 WL 4565

District Court of Appeal of Florida | Filed: Jan 2, 2002 | Docket: 64811404

Cited 1 times | Published

violation or subsequent to violation of the Act. See § 932.703(2)(a), Fla. Stat. (2000). Following a seizure

BW v. State

784 So. 2d 1219, 2001 WL 387933

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 1492322

Cited 1 times | Published

forfeiture. Contrary to the dissent, I do not read section 932.703(1)(c) as limiting the seizure of contraband

Bay Cty. Sheriff's Office v. Tfcu

738 So. 2d 456, 24 Fla. L. Weekly Fed. D 1782

District Court of Appeal of Florida | Filed: Jul 27, 1999 | Docket: 1502791

Cited 1 times | Published

interest to be paid as provided in s. 932.7055. § 932.703(6)(b), Fla. Stat. (Supp.1996) (emphasis added)

METRO-DADE POLICE DEPT. OF DADE COUNTY v. Hidalgo

601 So. 2d 1259, 1992 Fla. App. LEXIS 7122, 1992 WL 146712

District Court of Appeal of Florida | Filed: Jun 30, 1992 | Docket: 1305577

Cited 1 times | Published

which initiates the civil forfeiture proceedings. § 932.703, Fla. Stat. (1991). [3] The seizure of the second

City of Coral Gables v. Rodriguez

568 So. 2d 1302, 1990 WL 155062

District Court of Appeal of Florida | Filed: Nov 13, 1990 | Docket: 1526635

Cited 1 times | Published

a law enforcement agency." § 932.703(1), Fla. Stat. (1989). Section 932.703(1), Florida Statutes (1989)

State v. Henshaw

529 So. 2d 767, 13 Fla. L. Weekly 1720, 1988 Fla. App. LEXIS 3419, 1988 WL 74501

District Court of Appeal of Florida | Filed: Jul 21, 1988 | Docket: 64636385

Cited 1 times | Published

on the statutory presumption set forth in section 932.703(1), Florida Statutes (1987), with the burden

One 1976 American Jeep v. State Ex Rel. City of Largo

427 So. 2d 364

District Court of Appeal of Florida | Filed: Mar 2, 1983 | Docket: 1151293

Cited 1 times | Published

course *366 of grand theft. He suggests that section 932.703(1), Florida Statutes (1981), is the enabling

Jessie Warren v. Gregory Tony, as Sheriff of Broward County

District Court of Appeal of Florida | Filed: Apr 9, 2025 | Docket: 69864091

Published

receiving notice that the hearing be held. § 932.703(2)(a), Fla. Stat. The Act defines “person

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

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68307144

Published

support its continued seizure. See generally § 932.703(3)(a), (3)(c), Fla. Stat. (2022); Golon v. Jenne

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

District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698546

Published

the property as “monetary instruments” under section 932.703(1)(a)5. and “contraband articles” under sections

VICTOR R. GRIFFIN v. CITY OF SWEETWATER POLICE DEPARTMENT

District Court of Appeal of Florida | Filed: Mar 17, 2021 | Docket: 59739238

Published

seizure and claim for forfeiture as required by section 932.703(3)(a).2 Appellee moved to dismiss the

Brevard County Sheriff's Office v. Brown

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

District Court of Appeal of Florida | Filed: Feb 3, 2017 | Docket: 4583365

Published

(Fla. 2010)). The first stage, outlined in section 932.703(2), Florida Statutes (2015), involves the seizure

David Gee, Sheriff of Hillsborough County v. Grantland

203 So. 3d 992

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486976

Published

the vehicle was used to transport heroin. Section 932.703(4) provides as follows: In any incident

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

210 So. 3d 78

District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 4118412

Published

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

Ospina Garrido v. Miami-Dade Police Department

170 So. 3d 810

District Court of Appeal of Florida | Filed: Feb 25, 2015 | Docket: 2636920

Published

adversarial preliminary hearing. See § 932.703(2)(a), Fla. Stat. (2011) (confirming that a person

Marolf & Marolf v. Miami-Dade County

172 So. 3d 450, 2015 Fla. App. LEXIS 1800, 2015 WL 543365

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633391

Published

FLORIDA CONTRABAND FORFEITURE ACT) Under section 932.703(l)(a), “[a]ny contraband article, vessel, motor

Eugene Smith v. Reginald Bruster

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1311327

Published

by the Florida Contraband Forfeiture Act, section 932.703 et seq., Florida Statutes, were conducted

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

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

District Court of Appeal of Florida | Filed: Jul 23, 2014 | Docket: 2304

Published

cash and maintain the forfeiture action. See § 932.703(2), Fla. Stat. (2009). Mos-towicz responded by

Alascia v. State, Department of Legal Affairs

135 So. 3d 402, 2014 WL 470721, 2014 Fla. App. LEXIS 1611

District Court of Appeal of Florida | Filed: Feb 7, 2014 | Docket: 60239615

Published

subjects that contraband to permanent forfeiture. § 932.703(l)(a), Fla. Stat. The statute defines contraband

Sheriff of Seminole County v. Oliver

59 So. 3d 232, 2011 Fla. App. LEXIS 3983, 2011 WL 1079337

District Court of Appeal of Florida | Filed: Mar 25, 2011 | Docket: 60299639

Published

preliminary adversary hearing pursuant to section 932.703(2)(c). That section directs the trial court

Aulet v. Castro

44 So. 3d 140, 2010 Fla. App. LEXIS 10862, 2010 WL 2925386

District Court of Appeal of Florida | Filed: Jul 28, 2010 | Docket: 60295566

Published

(holding that the forty-five-day limit in section 932.703(3) to file forfeiture complaint was not jurisdictional

Hernandez v. City of Miami Beach

23 So. 3d 163, 2009 Fla. App. LEXIS 15566, 2009 WL 3271159

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1657621

Published

request an adversarial preliminary hearing. See id. § 932.703(2)(a). Counsel for the claimants sent a written

Shuler v. State

984 So. 2d 1274, 2008 WL 2550743

District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 1289387

Published

discovered in his wallet at the crime scene. See § 932.703(2)(a). Attached to his motion was the arrest affidavit

Grant v. Lantana Police Department

967 So. 2d 1064, 2007 Fla. App. LEXIS 17766, 2007 WL 3274432

District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 64853030

Published

owner” at the time the truck was seized. See § 932.703(6)(A), Fla. Stat. (2006). We therefore reverse

Department of Highway Safety & Motor Vehicles v. Frey

965 So. 2d 199, 2007 Fla. App. LEXIS 13443, 2007 WL 2456207

District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 64852532

Published

the violation or subsequent to the violation. § 932.703(2)(a), Fla. Stat. (2006). There is no requirement

Walker v. Judd

934 So. 2d 669, 2006 Fla. App. LEXIS 13207

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 64845877

Published

contraband may be seized and ultimately forfeited. § 932.703(1), Fla. Stat. (2005). Following the seizure of

Department of Highway Safety & Motor Vehicles v. Churchill

932 So. 2d 623, 2006 Fla. App. LEXIS 11333, 2006 WL 1878985

District Court of Appeal of Florida | Filed: Jul 7, 2006 | Docket: 64845622

Published

property may be seized for a violation of the Act. § 932.703(l)(a). Following a seizure, the person whose property

Ago

Florida Attorney General Reports | Filed: Nov 21, 2005 | Docket: 3256153

Published

personal property with contraband proceeds. Section 932.703(1)(a), Florida Statutes, provides that any

Ago

Florida Attorney General Reports | Filed: Apr 30, 2004 | Docket: 3257154

Published

of s. 322.34(9)(a)." 22 Section 932.703(1)(a), Fla. Stat. 23 Section 932.703(1)(c), Fla. Stat. 24 Section

Department of Highway Safety & Motor Vehicles v. Megan-Neave

845 So. 2d 934, 2003 Fla. App. LEXIS 5825, 2003 WL 1936133

District Court of Appeal of Florida | Filed: Apr 25, 2003 | Docket: 64822923

Published

driver’s license made her an innocent owner under section 932.703(6)(A), Florida Statutes,3 which pro*936vides

Department of Highway Safety & Motor Vehicles v. Karr

798 So. 2d 8, 2001 Fla. App. LEXIS 13125, 2001 WL 1093038

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 64809671

Published

been used in violation of the Act. We affirm. Section 932.703(2)(c) provides in relevant part as follows:

Jenne v. Meadows

792 So. 2d 518, 2001 Fla. App. LEXIS 7491, 2001 WL 575115

District Court of Appeal of Florida | Filed: May 30, 2001 | Docket: 64807685

Published

as practicable thereafter, as required by section 932.703(2)(a), Fla.Stat. See generally Cochran v. Harris

B.W. v. State

784 So. 2d 1219, 2001 Fla. App. LEXIS 5124

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 64805328

Published

contraband subject to seizure and forfeiture under section 932.703(l)(a), Florida Statutes (1999).1 However, section

Gay v. Beary

758 So. 2d 1242, 2000 Fla. App. LEXIS 6477, 2000 WL 678839

District Court of Appeal of Florida | Filed: May 26, 2000 | Docket: 64797593

Published

subsection 932.703(l)(c), Florida Statutes. See also § 932.703(2)(d), Fla. Stat. (1997). Gay ‘s motion did not

Farrow v. Perry Police Department

744 So. 2d 1263, 1999 Fla. App. LEXIS 15740, 1999 WL 1075138

District Court of Appeal of Florida | Filed: Dec 1, 1999 | Docket: 64792265

Published

had not complied with the requirements of section 932.703 for timely notification and filing of a complaint

City of Daytona Beach v. Bush

742 So. 2d 335, 1999 Fla. App. LEXIS 10129, 1999 WL 550524

District Court of Appeal of Florida | Filed: Jul 30, 1999 | Docket: 64791366

Published

to the “innocent owner” defense created by section 932.703(6)(a), Florida Statutes (1997). That section

Johnson v. State

764 So. 2d 21, 1999 Fla. App. LEXIS 2520, 1999 WL 123603

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 64799314

Published

for hearing with the circuit court. Under section 932.703(2)(a), Florida Statutes (1997), an adversarial

Webb v. Department of Highway Safety

730 So. 2d 334, 1999 Fla. App. LEXIS 2457

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 64787500

Published

the complaint to 60 days. She relied upon section 932.703(3), Florida Statutes (1997) which says: (3)

Ago

Florida Attorney General Reports | Filed: Jun 26, 1998 | Docket: 3256939

Published

significantly involved in criminal enterprises, section 932.703, Florida Statutes, authorizing forfeitures

Jones v. State

681 So. 2d 923, 1996 Fla. App. LEXIS 11206, 1996 WL 625624

District Court of Appeal of Florida | Filed: Oct 30, 1996 | Docket: 64768497

Published

adversarial preliminary hearing, pursuant to section 932.703(2)(c), Florida Statutes (1995).1 Over the defense’s

Chillington v. State

682 So. 2d 1137, 1996 Fla. App. LEXIS 10403, 1996 WL 577350

District Court of Appeal of Florida | Filed: Oct 9, 1996 | Docket: 64768996

Published

Ed.2d 361 (1984), a forfeiture pursuant to section 932.703, Florida Statutes (1995), could constitute

State, Department of Highway Safety & Motor Vehicle v. McCluster

668 So. 2d 1000, 1996 Fla. App. LEXIS 218, 1996 WL 13785

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 64762720

Published

likely to be employed in criminal activity. See § 932.703(6)(a), Fla. Stat. (1993). Reversed. FRANK and

In re Forfeiture of 1989 Isuzu Pickup Truck, VIN 1AACL11L7K202483, Alabama Tag 12CF578

612 So. 2d 695, 1993 Fla. App. LEXIS 1216, 1993 WL 12407

District Court of Appeal of Florida | Filed: Jan 26, 1993 | Docket: 64693760

Published

was likely to be employed in criminal activity, § 932.703(2), Fla.Stat. (1989). In a forfeiture action,

Ago

Florida Attorney General Reports | Filed: Jan 19, 1993 | Docket: 3256791

Published

the Florida Contraband Forfeiture Act. 14 Section 932.703(1)(c), F.S. (1992 Supp.). This subparagraph

Cobbs v. Johnson

605 So. 2d 1322, 1992 Fla. App. LEXIS 10824, 1992 WL 280764

District Court of Appeal of Florida | Filed: Oct 14, 1992 | Docket: 64670505

Published

Christopher was the de facto owner of the car. Section 932.703(2), Florida Statutes, provides that “[n]o property

Ago

Florida Attorney General Reports | Filed: Aug 26, 1992 | Docket: 3255986

Published

Laws of Florida. 3 See, s. 932.703(1), F.S. 4 Section 932.703(1)(c), F.S., as amended by s. 3, Ch. 92-54

In re Forfeiture of United States Currency in the Amount of Ninety-One Thousand Three Hundred Fifty-Seven & 12/100 Dollars ($91,357.12)

595 So. 2d 998, 1992 Fla. App. LEXIS 1894, 1992 WL 38346

District Court of Appeal of Florida | Filed: Mar 4, 1992 | Docket: 64666096

Published

in pertinent part: A., in Florida Statute Section 932.703(1) (1989) that, All rights and interest in

In re Forfeiture of Property: 1981 Oldsmobile, VIN 1G3AZ57N2BE32296

593 So. 2d 1087, 1992 Fla. App. LEXIS 737, 1992 WL 15868

District Court of Appeal of Florida | Filed: Jan 28, 1992 | Docket: 64665365

Published

paraphernalia.1 The parties do not dispute that section 932.703, Florida Statutes (1989), applies in this case

Fletcher v. Metro Dade Police Dept. Law Enforcement Trust Fund

593 So. 2d 266, 1992 WL 4088

District Court of Appeal of Florida | Filed: Jan 14, 1992 | Docket: 1468175

Published

purchase drugs to a perfected drug purchase. Section 932.703(1), Florida Statutes (1989), provides for forfeiture

Wildwood Police Department v. Wyatt

588 So. 2d 59, 1991 Fla. App. LEXIS 10850, 1991 WL 219445

District Court of Appeal of Florida | Filed: Oct 31, 1991 | Docket: 64662562

Published

forfeiture, is irrelevant, we reverse. Although section 932.703, Florida Statutes (1989) only permits forfeiture

City of Ormond Beach v. Kosmalski

588 So. 2d 35, 1991 Fla. App. LEXIS 10529, 1991 WL 213262

District Court of Appeal of Florida | Filed: Oct 24, 1991 | Docket: 64662549

Published

appeal by the City of Ormond Beach followed. Section 932.703(1), Florida Statutes (1989) governs the procedure

City of Coral Gables v. Valdes

582 So. 2d 148, 1991 Fla. App. LEXIS 6559, 1991 WL 120775

District Court of Appeal of Florida | Filed: Jul 9, 1991 | Docket: 64660022

Published

As the City correctly contends, pursuant to section 932.703(1), Florida Statute (1989), the trial court

Byrom v. Gallagher

578 So. 2d 715, 1990 WL 150223

District Court of Appeal of Florida | Filed: May 9, 1991 | Docket: 440908

Published

the date of seizure" (emphasis added). In section 932.703(1), Florida Statutes (1987), the legislature

Byrom v. Gallagher

578 So. 2d 715, 1990 WL 150223

District Court of Appeal of Florida | Filed: May 9, 1991 | Docket: 440908

Published

the date of seizure" (emphasis added). In section 932.703(1), Florida Statutes (1987), the legislature

In re Forfeiture of 1985 Ford Ranger Pickup Truck, Vin 1FTBR10S7FUB74784, Florida License 802-DPU & $453 U.S. Currency

582 So. 2d 3, 1991 Fla. App. LEXIS 3694, 1991 WL 60019

District Court of Appeal of Florida | Filed: Apr 18, 1991 | Docket: 64659956

Published

the “innocent spouse” exception contained in section 932.-703(2), Florida Statutes (1989), rendered the

In re Forfeiture of One 1987 Velocity 30' Go-Fast Vessel

577 So. 2d 678, 1991 Fla. App. LEXIS 2908, 1991 WL 44993

District Court of Appeal of Florida | Filed: Apr 3, 1991 | Docket: 64657913

Published

violation of the provisions of this act. Further, section 932.703(2) provides: No property shall be forfeited

State v. Johnson

576 So. 2d 900, 1991 Fla. App. LEXIS 2822, 1991 WL 39065

District Court of Appeal of Florida | Filed: Mar 26, 1991 | Docket: 64657463

Published

requires forfeiture of the vehicle pursuant to Section 932.703, Florida Statutes.3 *901In State v. Crenshaw

Dioneff v. Department of Highway Safety

571 So. 2d 1377, 1990 Fla. App. LEXIS 9459, 1990 WL 205312

District Court of Appeal of Florida | Filed: Dec 17, 1990 | Docket: 64655391

Published

conceal or possess any contraband article. Section 932.703 then deals with the seizure and forfeiture

State, Department of Highway Safety & Motor Vehicles v. Gatlin

566 So. 2d 70, 1990 Fla. App. LEXIS 6560, 1990 WL 126211

District Court of Appeal of Florida | Filed: Aug 31, 1990 | Docket: 64652660

Published

insufficient to protect her interest from forfeiture. Section 932.703(3), Florida Statutes (1989), provides as follows:

Wells v. Freeman

571 So. 2d 18, 1990 Fla. App. LEXIS 5035, 1990 WL 96222

District Court of Appeal of Florida | Filed: Jul 11, 1990 | Docket: 64654920

Published

to have Guy Freeman’s car forfeited under section 932.703, Florida Statutes (1987), after Deputy Livingston

City of Edgewood v. Williams

556 So. 2d 1390, 15 Fla. L. Weekly Supp. 46, 1990 Fla. LEXIS 202, 1990 WL 8227

Supreme Court of Florida | Filed: Feb 1, 1990 | Docket: 95001

Published

vehicle cannot be subject to forfeiture. Cf. § 932.703(2), Fla. Stat. (1985).[2] *1392 This line of cases

Kosel v. State ex rel. City of Largo

546 So. 2d 1128, 14 Fla. L. Weekly 1740, 1989 Fla. App. LEXIS 4094, 1989 WL 80707

District Court of Appeal of Florida | Filed: Jul 21, 1989 | Docket: 64643922

Published

named items to the forfeiture provisions of section 932.-703, Florida Statutes (1987). On February 22,

Ago

Florida Attorney General Reports | Filed: Jul 13, 1988 | Docket: 3256042

Published

abetting in the commission of, any felony. 22 Section 932.703(1), F.S. 23 Goddard v. State, 438 So.2d 110

In re Forfeiture of One 1982 Oldsmobile VIN 1G3AW69YSCM16759

527 So. 2d 838, 13 Fla. L. Weekly 1194, 1988 Fla. App. LEXIS 2056, 1988 WL 47522

District Court of Appeal of Florida | Filed: May 18, 1988 | Docket: 64635727

Published

claimant to repossession of the item. See section 932.703(2)-(3), Florida Statutes (1981); see also United

In re Forfeiture of 1979 Chevrolet Corvette, VIN 1Z8749S404778, TAG YER-675

526 So. 2d 708, 13 Fla. L. Weekly 1114, 1988 Fla. App. LEXIS 1922, 1988 WL 44161

District Court of Appeal of Florida | Filed: May 11, 1988 | Docket: 64635287

Published

interest were properly protected and under section 932.703(3), Florida Statutes (1983), had priority over

Russell v. Wanicka

524 So. 2d 1077, 13 Fla. L. Weekly 988, 1988 Fla. App. LEXIS 1667, 1988 WL 36062

District Court of Appeal of Florida | Filed: Apr 22, 1988 | Docket: 64634720

Published

likely to be employed in criminal activity.” § 932.703, Fla.Stat. (1981). A case arose where a husband

D.V. & A., Inc. v. Town of Golden Beach

498 So. 2d 960, 1986 Fla. App. LEXIS 9666

District Court of Appeal of Florida | Filed: Sep 16, 1986 | Docket: 64623644

Published

Wheels Unlimited, Inc. is not controlling. Section 932.703, Florida Statutes (1985) specifically distinguishes

Wheels Unlimited, Inc. v. Lamar

492 So. 2d 785, 11 Fla. L. Weekly 1736, 1986 Fla. App. LEXIS 9202

District Court of Appeal of Florida | Filed: Aug 7, 1986 | Docket: 64621027

Published

Unlimited, Inc. is protected from forfeiture by section 932.703(2), Florida Statutes, because the corporate

Matthews v. City of Zephyrhills

493 So. 2d 10, 11 Fla. L. Weekly 1537, 1986 Fla. App. LEXIS 8838

District Court of Appeal of Florida | Filed: Jul 11, 1986 | Docket: 64621232

Published

interest is not subject to the protection of section 932.-703(2), Florida Statutes (1985). Affirmed. LEHAN

Heinrich v. Scaglione

490 So. 2d 240, 11 Fla. L. Weekly 1447, 1986 Fla. App. LEXIS 8852

District Court of Appeal of Florida | Filed: Jun 27, 1986 | Docket: 64620208

Published

protection, but only under certain circumstances. Section 932.703(3), Florida Statutes (1985), provides: (3)

Vessel Described as One 36 Foot Mirage, BHN CBD 36011M831 Displaying Florida Registration Numbers FL5182 Em v. State, Department of Natural Resources

487 So. 2d 1134, 11 Fla. L. Weekly 946, 1986 Fla. App. LEXIS 7446

District Court of Appeal of Florida | Filed: Apr 22, 1986 | Docket: 64619058

Published

transport any contraband article upon any vessel. Section 932.703(1) allows for the forfeiture of any vessel

In re the Forfeiture of 1979 Mercedes, 4-Door, VIN 11603312085778, Tag WHJ 371, & $1,262.00 In United States Currency

484 So. 2d 642, 11 Fla. L. Weekly 638, 1986 Fla. App. LEXIS 6756

District Court of Appeal of Florida | Filed: Mar 12, 1986 | Docket: 64617885

Published

the crime of carrying a concealed weapon. Section 932.703(1) provides for forfeiture of a motor vehicle

In re Forfeiture of 1983 Wellcraft Scarab

487 So. 2d 306, 11 Fla. L. Weekly 457, 1986 Fla. App. LEXIS 6341

District Court of Appeal of Florida | Filed: Feb 19, 1986 | Docket: 64618833

Published

lacked standing to contest the forfeiture. Section 932.-703(2), Florida Statutes (1985), confers standing

Gross v. City of Wilton Manors

487 So. 2d 303, 11 Fla. L. Weekly 363

District Court of Appeal of Florida | Filed: Feb 5, 1986 | Docket: 1796617

Published

sought to prevent forfeiture by invoking section 932.703(2), Florida Statutes (1985). To prevail under

Barnett v. State

483 So. 2d 63, 11 Fla. L. Weekly 309, 1986 Fla. App. LEXIS 6121

District Court of Appeal of Florida | Filed: Jan 31, 1986 | Docket: 64617375

Published

was likely to be used, in a criminal activity. § 932.-703(2), Fla.Stat. (1983); Wheeler v. State, 472 So

In re Forfeiture of One 1981 Chevrolet El Camino VIN CCW80K3BD422125 License DDP 148

468 So. 2d 1093, 10 Fla. L. Weekly 1239, 1985 Fla. App. LEXIS 14198

District Court of Appeal of Florida | Filed: May 15, 1985 | Docket: 64611977

Published

according to appellant, sua sponte declared section 932.-703(1), Florida Statutes (1983), unconstitutional

In re Forfeiture of One 1973 Mercedes 2 Door Convertible VIN 10704412011837 Title 6007770

463 So. 2d 1181, 10 Fla. L. Weekly 130, 1985 Fla. App. LEXIS 11802

District Court of Appeal of Florida | Filed: Jan 4, 1985 | Docket: 64610027

Published

Miami Beach, 440 So.2d 611 (Fla. 3d DCA 1983); § 932.703(3), Fla.Stat. (1983).

State v. Williams

462 So. 2d 69, 10 Fla. L. Weekly 100, 1985 Fla. App. LEXIS 11875

District Court of Appeal of Florida | Filed: Jan 3, 1985 | Docket: 64609251

Published

but the police did seize the car pursuant to Section 932.703, Florida Statutes (1983), and “it is a reasonable

Lauderdale Investments, Inc. v. Miller

456 So. 2d 539, 9 Fla. L. Weekly 2001, 1984 Fla. App. LEXIS 15103

District Court of Appeal of Florida | Filed: Sep 20, 1984 | Docket: 64607016

Published

immediately vested in the state upon its seizure. § 932.703(1), Fla.Stat. (1981). Nevertheless, the statute

State v. One (1) 1977 Volkswagen, VIN/1773229365, Florida License "KTV-062"

455 So. 2d 434, 1984 Fla. App. LEXIS 14357

District Court of Appeal of Florida | Filed: Jul 25, 1984 | Docket: 64606660

Published

(1981).1 The vehicle was seized pursuant to Section 932.703(1),2 and the state instituted forfeiture proceedings

State v. Baglioni

453 So. 2d 144, 1984 Fla. App. LEXIS 14261

District Court of Appeal of Florida | Filed: Jul 13, 1984 | Docket: 64606028

Published

does on appeal, that the following portion of Section 932.703(1) is controlling: (1) * * * In any incident

In re Forfeiture of a Cessna 421 Aircraft, Reg. No. N42A

450 So. 2d 1138, 1984 Fla. App. LEXIS 12798

District Court of Appeal of Florida | Filed: Apr 18, 1984 | Docket: 64605241

Published

any provision of s 932.-702” shall be seized. § 932.703, Fla.Stat. (1981). We have carefully reviewed

In re Forfeiture of a 1977 Datsun 280Z Automobile, Vin HLS30408139

448 So. 2d 78, 1984 Fla. App. LEXIS 12626

District Court of Appeal of Florida | Filed: Apr 11, 1984 | Docket: 64604070

Published

deny the forfeiture, and therefore, reverse. Section 932.703(1), Florida Statutes (1983), provides in pertinent

Tobias Knoblauch Private Bank v. Southern Aero Traders, Inc.

443 So. 2d 202, 1983 Fla. App. LEXIS 25201, 37 U.C.C. Rep. Serv. (West) 1430

District Court of Appeal of Florida | Filed: Dec 13, 1983 | Docket: 64601946

Published

5th DCA 1983) (“lien rights preserved by section 932.703 should include and encompass attorney’s fees

In re Forfeiture of Blue 1979 2-Door Toyota, Tag DFJ-442, VIN TE31377910

441 So. 2d 697, 1983 Fla. App. LEXIS 24270

District Court of Appeal of Florida | Filed: Nov 23, 1983 | Docket: 64601152

Published

burglary. Forfeiture was thus appropriate under section 932.703, Florida Statutes (1981) unless Fitz-simmons

Ago

Florida Attorney General Reports | Filed: Oct 25, 1983 | Docket: 3256880

Published

abetting in the commission of, any felony." Section 932.703(1), F.S., relevant to your inquiry, provides

Wanicka v. One (1) 1979 Ford Bronco, Florida Tag WVB-347, VIN U15HLEE2252

432 So. 2d 581, 1983 Fla. App. LEXIS 19254

District Court of Appeal of Florida | Filed: Apr 29, 1983 | Docket: 64597378

Published

(Fla. 2d DCA 1981). The legislature amended section 932.703(1), formerly section 943.43(1), in 1980. The

City of Orlando v. Sun Bank, N.A.

428 So. 2d 769, 35 U.C.C. Rep. Serv. (West) 1277, 1983 Fla. App. LEXIS 19416

District Court of Appeal of Florida | Filed: Mar 30, 1983 | Docket: 64595890

Published

fees as part of the Bank’s lien. We affirm. Section 932.703(3), Florida Statutes (1981), provides “[no]

State v. Scotti

428 So. 2d 771, 1983 Fla. App. LEXIS 19418

District Court of Appeal of Florida | Filed: Mar 30, 1983 | Docket: 64595891

Published

Pontiac pursuant to Florida’s forfeiture statute § 932.703 and conduct a subsequent search. See also, Cooper

Naples Police Department v. Small

426 So. 2d 72, 1983 Fla. App. LEXIS 18561

District Court of Appeal of Florida | Filed: Feb 4, 1983 | Docket: 64594955

Published

Peters, 401 So.2d 838 (Fla. 2d DCA 1981). Section 932.703(1), which became effective July 1, 1980, provides:

Ago

Florida Attorney General Reports | Filed: Jan 18, 1983 | Docket: 3255835

Published

or giving away of any contraband article. Section 932.703(1), F.S., provides that any vessel, motor vehicle

In re Forfeiture of 1979 Toyota Corolla Automobile Vin KE30619534

424 So. 2d 922, 1982 Fla. App. LEXIS 22247

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 64594521

Published

tide of drug activity the Legislature passed Section 932.703(1), which provides: Any vessel, motor vehicle

Coleman v. Brandon

426 So. 2d 44, 1982 Fla. App. LEXIS 21703

District Court of Appeal of Florida | Filed: Nov 24, 1982 | Docket: 64594944

Published

or giving away of any contraband article. Section 932.703(1) provides for forfeiture of any motor vehicle

Ago

Florida Attorney General Reports | Filed: Nov 24, 1982 | Docket: 3256151

Published

or giving away of any contraband article. Section 932.703(1), F.S., provides, in part, that: Any

Ago

Florida Attorney General Reports | Filed: Dec 29, 1981 | Docket: 3258564

Published

or giving away of any contraband article. Section 932.703(1), in relevant part, provides: `Any vessel

Ago

Florida Attorney General Reports | Filed: Dec 29, 1981 | Docket: 3257442

Published

to operate the aircraft. AS TO QUESTION 1: Section 932.703, F.S. 1981 (former s. 943.43, F.S.), authorizes