The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Matthew Mickens and Martha McIntosh appeal from a final order that denied their claim for damages under section 932.704(9)(b), Florida Statutes (2014), following the City of Tampa Police Department's voluntary dismissal of a forfeiture action. We affirm based on this court's decision in In re forfeiture of 2006 Pontiac Solstice , 210 So. 3d 78, 84-85 (Fla. 2d DCA 2016), which held that the claimant was not entitled to damages under section 932.704 because the case was voluntarily dismissed without a trial or appeal. As in Pontiac Solstice , we again certify conflict with Cox v. Department of Highway Safety & Motor Vehicles , 881 So. 2d 641 (Fla. 5th DCA 2004). The court's order is affirmed in all other respects.Matthew Mickens and Martha McIntosh appeal from a final order that denied their claim for damages under section 932.704(9)(b), Florida Statutes (2014), following the City of Tampa Police Department's voluntary dismissal of a forfeiture action. We affirm based on this court's decision in In re forfeiture of 2006 Pontiac Solstice, 210 So.3d 78, 84-85 (Fla. 2d DCA 2016), which held that the claimant was not entitled to damages under section 932.704 because the case was voluntarily dismissed without a trial or appeal. As in Pontiac Solstice, we again certify conflict with Cox v. Department of Highway Safety &Motor Vehicles, 881 So.2d 641 (Fla. 5th DCA 2004). The court's order is affirmed in all other respects.The action on appeal is NOT a forfeiture proceeding. Accordingly, we take no position as to the merits of appellee's defenses if they had been presented in a forfeiture hearing. We note however that any such defense or argument as to the merits of the forfeiture, or defenses thereto, would only be proper in the context of a forfeiture proceeding and cannot form the basis of a standalone claim. See, e.g., Fla. Stat. § 932.704 (establishing forfeiture proceedings as a circuit court cause of action brought by the agency seeking seizure of alleged contraband). Appellant's most pertinent factual and legal basis, likely the only one permitted in the underlying cause of action, is that appellee failed to provide him with the proper notice and therefore violated his procedural due process rights under the forfeiture statute. Accordingly, as explained herein, this appeal focuses on whether it was appropriate to dismiss THIS stand-alone claim with prejudice to the extent that appellant alleges he was never provided with the statutorilyrequired notice of seizure and opportunity to contest such seizure.Turning finally to the fourth consideration—"the existence of alternative means for effectuating the purpose"—we believe that the State has more than adequate ways to promote its interest in debt collection. As the Supreme Court explained in Zablocki , "the State already has numerous other means for exacting compliance with [financial] obligations, means that are at least as effective as the instant statute’s and yet do not impinge upon" the right to vote. 434 U.S. at 389, 98 S.Ct. 673. Under Florida law, the State can refer debts to collection agencies, garnish wages, and conduct civil forfeiture. See Fla. Stat. §§ 28.246(6), 77.0305, 932.704. The Supreme Court approved the use of similar procedures in Zablocki . 434 U.S. at 389–90, 98 S.Ct. 673 ; see also Bredesen , 624 F.3d at 757 (Moore, J., dissenting).AFFIRMED . See Hudson v. City of Sunrise , 237 So. 3d 1031, 1034-35 (4th DCA 2018) (alleged claimants must prove bona fide ownership of seized property in order to have standing in a forfeiture proceeding, citing §§ 932.701(2)(g)-(h) and 932.704, Fla. Stat.); Velez v. Miami–Dade Cty. Police Dep't , 934 So. 2d 1162, 1166 (Fla. 2006) (recognizing that persons contesting a forfeiture must demonstrate a proprietary interest in the seized property that is subject to forfeiture).The statute further provides "[a]ny motor vehicle used in violation of this section shall constitute contraband which may be seized by a law enforcement agency and shall be subject to forfeiture proceedings pursuant to ss. 932.701 - 932.704." § 319.33(6), Fla. Stat. Even if it could be said that the vehicle did not automatically fall under section 932.701's definition of contraband, it fits within the definition under section 319.33.The City provided Hudson with a notice of seizure, and informed him of his right to request an adversarial preliminary hearing pursuant to section 932.703(2)(a), Florida Statutes (2015). Hudson refused to sign the notice and failed to request an adversarial preliminary hearing. Thereafter, the City filed its forfeiture complaint and affidavit, and the trial court entered an order finding probable cause based on the City's documents. See § 932.704(5)(b), Fla. Stat. (2016) ; see also Sanchez v. City of West Palm Beach , 149 So.3d 92, 97–98 (Fla. 4th DCA 2014) ("Only where ‘no person entitled to notice requests an adversarial preliminary hearing’ is the court's review limited to the traditional probable cause determination where the court ‘review [s] the complaint and the verified supporting affidavit to determine whether there was probable cause for the seizure.’ " (alteration in original) (quoting § 932.704(5)(b) ) ). Later, Hudson filed a written response to the City's forfeiture complaint, but the trial court deemed his submission to be a mere unsworn denial of the allegations in the City's complaint, rather than defenses to the forfeiture.Accordingly, we reverse the trial court's final order dismissing the forfeiture complaint. On remand, the trial court shall reinstate the complaint, enter a finding of probable cause to support the seizure in accord with section 932.704(5)(b), and proceed to the next stage of the forfeiture proceedings.In considering Mr. Underwood's argument under Cox, we observe that the facts in Cox are distinguishable from the facts in this case. When Mr. Cox appealed the dismissal of his counterclaim he had never been given an opportunity to prove his entitlement to damages and attorney's fees under section 932.704. In the case before us, Mr. Underwood appeals the denial of his claim after he received a full evidentiary hearing. However, to the extent that the Fifth District in Cox interpreted sections 932.704( 9)(b) and 932.704( 10) as establishing the same requirements for a claimant to prove his or her entitlement to damages and to attorney's fees and costs, we disagree with that interpretation of the statutes. Sections 932.704( 9) and 932.704( 10) use different language to describe when a claimant may recover damages and when he or she may recover attorney's fees and costs. Section 932.704( 9)(b) plainly requires a claimant to "prevail[ ] at trial or on appeal" to be entitled to the damages enumerated in that subsection. On the other hand, section 932.704( 10) requires a claimant to "prevail[ ] at the close of forfeiture… Simply put, the Legislature has had multiple opportunities to explicitly require a “good faith” standard in section 119.12 and knows how to use “good faith” standards in attorney's fee provisions. Compare § 119.12, Fla. Stat. (providing for attorney's fees within the Public Records Act without using “good faith” language), with § 932.704(10), Fla. Stat. (2014) (providing for attorney's fees within the civil forfeiture statute and using “good faith” language). The absence of any such standards in section 119.12—whether good or bad faith, reasonable, or knowingly and willfully—clearly indicates that section 119.12 is not contingent on a finding of the public agency's unreasonableness or bad faith before allowing for an award of attorney's fees under the Public Records Act.. . . by a law enforcement agency and shall be subject to forfeiture proceedings pursuant to ss. 932.701 - 932.704 . . .
. . . See § 932.704(5)(b), Fla. Stat. (2016) ; see also Sanchez v. . . . determine whether there was probable cause for the seizure.' " (alteration in original) (quoting § 932.704 . . . convincing evidence that the contraband article was being used in violation" of the Forfeiture Act. § 932.704 . . . The person contesting the forfeiture in the second stage is identified in section 932.704 as a "claimant . . . Pursuant to the 2016 amendments to section 932.704(8), the clear and convincing standard was changed . . .
. . . See § 932.704(5)(a). . . . See § 932.704(5)(b). No adversarial hearing was requested. . . . Forfeiture Act.” § 932.704(8); see also Gomez, 41 So.3d at 184. . . . reinstate the complaint, enter a finding of probable cause to support the seizure in accord with section 932.704 . . .
. . . (10), not section 932.704(9). . . . (10) to its interpretation of section 932.704(9). . . . However, to the extent that the Fifth District in Cox interpreted sections 932.704(9)(b) and 932.704( . . . Sections 932.704(9) and 932.704(10) use different language to describe when a claimant may recover damages . . . Attorney’s Fees and Costs under Section 932.704(10) Mr. . . .
. . . providing for attorney’s fees within the Public Records Act without using “good faith” language), with § 932.704 . . .
. . . which may be seized by a law enforcement agency and is subject to forfeiture pursuant to ss. 932.701-932.704 . . . See § 932.704(4), Fla. Stat. (2014). . . .
. . . otherwise included in paragraph (a), may be seized and is subject to forfeiture pursuant to ss. 932.701-932.704 . . .
. . . He also moved for an award of attorneys’ fees under both section 932.704(10) and section 57.105 , of . . . Cherokee, 898 So.2d 223, 224-25 (Fla. 2d DCA 2005) (addressing a claim for attorney’s fees under section 932.704 . . . However, we leave it to the court below to determine whether to award fees under section 932.704(10) . . . Section 932.704(10) provides: (10) The court shall award reasonable attorney's fees and costs, up to . . . any party from electing to seek attorney’s fees and costs under chapter 57 or other applicable law. § 932.704 . . .
. . . See § 932.704(1), Fla. Stat. (2008) (emphasis added). . . .
. . . That forfeiture proceedings pursuant to section 932.704, Florida Statutes, had not and would not be followed . . .
. . . While now codified by sections 932.703 and 932.704, Florida Statutes (2013), this two-step approach to . . . within 90 days of the seizure or by the claimant in an action to recover the property. § 932.703(1), 932.704 . . .
. . . . § 932.704(10), Fla. Stat. (2013). . . . prejudice Appellants’ motion as it pertains to damages, for Appellants to seek damages pursuant to section 932.704 . . .
. . . See § 932.704(8), Fla. Stat. . . .
. . . .; see also §§ 932.701(2)(g) and 932.704, Fla. Stat. (2013). . . .
. . . . §§ 932.703(2)(b), 932.704(4), Fla. Stat. (2013). . . . determines that probable cause exists, a jury trial will be held on the ultimate issue of forfeiture. § 932.704 . . .
. . . We hold that the requirement in section 932.704(4) to “promptly proceed” with a forfeiture action is . . .
. . . trial court’s order, we need not consider whether a settlement was reached that complies with section 932.704 . . . See id. § 932.704(7) ("When the claimant and the seizing law enforcement agency agree to settle the forfeiture . . .
. . . . § 932.704(4)(b). . . . If so, the property is forfeited. § 932.704(8). . . . The specific statute at issue here, section 932.704(9), provides in subsection (a) that “[w]hen the claimant . . . Id. at 414 (citing § 932.704(9)(b)). . . . We reverse the order denying the motion to determine damages under section 932.704(9)(b), and we remand . . .
. . . the City filed a verified complaint for final order of forfeiture pursuant to sections 932.701 and 932.704 . . . 11, 2009, the claimant filed a motion for damages, attorney’s fees, and costs pursuant to subsection 932.704 . . . The trial court denied the motion for fees under section 932.704, and Berrio did not appeal that denial . . .
. . . articles for criminal purposes while protecting the proprietary interests of innocent owners .... ” § 932.704 . . .
. . . Section 932.704, entitled “Forfeiture proceedings,” provides in part: “The seizing agency shall promptly . . . complaint in the circuit court within the jurisdiction where the seizure or the offense occurred.” § 932.704 . . . We hold that the requirement in section 932.704(4) to “promptly proceed” with a forfeiture action is . . .
. . . because the seizing agency failed to file a timely forfeiture complaint in accordance with section 932.704 . . . The Court has jurisdiction pursuant to Florida Statute 932.704, as the crimes committed and property . . . Section 932.704, Florida Statutes (2007), entitled “Forfeiture proceedings” provides in part: “(4) The . . . We hold that the requirement in section 932.704(4) to “promptly proceed” with a forfeiture action is . . . In light of sections 932.704(4) and 932.701(2)(c), and DeGregorio, APD had to file its forfeiture complaint . . .
. . . . §§ 932.701(2), 932.704(4), Fla. Stat. (2008). . . . Velez, 934 So.2d at 1164 (citing § 932.704(8), Fla. Stat. (2002)). . . . Section 932.704(9)(b) provides: The trial court shall require the seizing agency to pay to the claimant . . . party from electing to seek attorney’s fees and costs under chapter 57 or other applicable law. ‘ § 932.704 . . .
. . . Together, the two stages constitute a “Forfeiture proceeding” as described in section 932.704 of the . . . Village of Pinecrest (“Pine-crest”), as the seizing agency, notified Gomez that, pursuant to section 932.704 . . . Section 932.704(9)(b) provides, in pertinent part: The trial court shall require the seizing agency to . . .
. . . . § 932.704(9)(a). . . . Stat. § 932.704(9)(b). Burger, 482 U.S. at 705-06, 107 S.Ct. 2636. . . .
. . . issue an order finding probable cause to proceed with the forfeiture proceeding pursuant to section 932.704 . . .
. . . See § 932.704(4), Fla. Stat. (2005). . . . probable cause is established, the property is held until a trial on the ultimate issue of forfeiture. § 932.704 . . .
. . . .” § 932.704(5)(b). . . .
. . . It based this holding upon the language of the FCFA’s policy statement as found in section 932.704, Florida . . . We examine this holding by looking at the history and language of the FCFA, in particular section 932.704 . . . The FCFA was later renumbered to sections 932.701-.704; and, in 1992, section 932.704 was amended to . . . Relying on this policy statement in section 932.704, the Fourth District held that the City’s ordinance . . . Specifically, the Fourth District reasoned that because section 932.704 provides that law enforcement . . .
. . . . § 932.704(8), Fla. Stat. (2002). . . . The person contesting the forfeiture in the second stage is identified in section 932.704 as a “claimant . . .
. . . Clark from a forfeiture action under the Florida Contraband Forfeiture Act (“Act”), sections 932.701-932.704 . . .
. . . awarded costs and attorney fees to Langworthy’s counsel, together with damages pursuant to section 932.704 . . . Five months later, Langworthy filed a motion for damages and fees, pursuant to section 932.704. . . . See § 932.704(2), Fla. Stat.; Gervais v. City of Melbourne, 890 So.2d 412, 413 (Fla. 5th DCA 2004). . . . City of Melbourne, 890 So.2d 412 (Fla. 5th DCA 2004). . § 932.704(10), Fla. Stat. (2001). . . . . Stat. . § 932.704(10), Fla. Stat. . . . .
. . . See also § 932.704(1), Fla. Stat. (2004) providing that: ... . . .
. . . complaint, asserting, among other things, a claim for attorney’s fees pursuant to sections 57.105 and 932.704 . . . Allen filed a motion for determination of entitlement to attorney’s fees under sections 932.704 and 57.105 . . . In its order denying fees, the trial court stated that section 932.704(10) permits a court to award reasonable . . . 57.105, we decline to reach the issue as to whether she would also be entitled to fees under section 932.704 . . .
. . . Section 932.704(2), Florida Statutes (2004), indicates that “all civil forfeiture cases shall be heard . . . Section 932.704(9), Florida Statutes (2004), specifically provides for monetary relief, including attorney . . .
. . . Furthermore, section 932.704(1) of the Florida Contraband Forfeiture Act provides in pertinent part, . . . issue Of forfeiture shall be decided by a jury, unless such right is waived' by the claimant....” § 932.704 . . .
. . . & HIGHWAY SAFETY, costs of this action, and attorney’s fees, pursuant to Section 57.105 and Section 932.704 . . . He asserts that the counterclaim was compulsory under section 932.704(9), Florida Statutes (2001). . . . The right to damages in a case involving wrongful forfeiture is controlled by section 932.704, Florida . . . Nonetheless, at least some of Cox’s remaining claims do appear to be authorized by section 932.704(9) . . . In any event, our Pondella Hall for Hire case clarified the status of a section 932.704 claim. . . .
. . . See § 932.704(1), Fla. Stat. (2002). . . . According to section 932.704(1) of the Forfeiture Act, It is the policy of this state that law enforcement . . . agree with the Fourth District in Mulligan that the ordinance conflicts with Forfeiture Act, section 932.704 . . .
. . . In this count, Pondella alleged that “Section 932.704, Fla. . . . Section 932.704(9)(b), Florida Statutes (1993) provided for the following damages: (b) When the claimant . . . attributed to the continued seizure of income-producing property during the trial or appellate process. § 932.704 . . . The amendments to section 932.704(9)(b) were enacted in Chapter 95-265, Laws of Florida, which stated . . . Under this standard, the amendments to section 932.704(9)(b) were substantive because they expanded the . . .
. . . .” § 932.704(1), Fla. Stat. (2002). . . . criminal purposes while protecting the proprietary interests of innocent owners and lienholders.... ” § 932.704 . . . Apart from a preemption of the forfeiture area, we also note the ordinance conflicts with FCFA section 932.704 . . .
. . . That version of the statute contained, as part of sections 932.703 and 932.704, two provisions which . . . a criminal charge arising in connection with the seizure or a forfeiture action pursuant to section 932.704 . . . seized property subject to forfeiture under the Florida Contraband Forfeiture Act, sections 932.701-932.704 . . . in addressing these concerns, later held that due process was satisfied by the language in section 932.704 . . . Id. § 932.704(1). . . . determine the effect of the deadlines for filing forfeiture complaints that sections 932.701(2)(c) and 932.704 . . . Section 932.704(4) provides: “The seizing agency shall promptly proceed against the contraband article . . . Section 932.704(4) plainly states that the seizing agency “shall promptly proceed against the contraband . . . We hold that the requirement in section 932.704(4) to “promptly proceed” with a forfeiture action is . . . things, the changes added the current definition of “promptly proceed” as the term is used in section 932.704 . . .
. . . Section 932.704(4), Florida Statutes (2001), requires a seizing agency to “promptly proceed” with a civil . . . While section 932.704(4) requires the seizing agency to “promptly proceed” against the seized property . . . conclude that because the Legislature has not specified a consequence for noncomplianee with section 932.704 . . . It also follows that pursuant to section 932.704(4), Oakland’s complaint to forfeit the truck, filed . . . Section 932.704(4) requires a seizing agency to “promptly proceed” by filing a complaint in order to . . .
. . . Appellants filed a Motion for Judgment for Damages against the Sheriff pursuant to section 932.704(9) . . . Karrh, 423 So.2d 963 (Fla. 4th DCA 1982); § 932.704(2), Fla. . . . We reject appellants’ argument that section 932.704(9) of the forfeiture act,- requiring the seizing . . . Appellants also argue that the final sentence of section 932.704(10) should be interpreted to include . . . We interpret this part of section 932.704(10) to apply to collateral actions brought as a result of the . . .
. . . .” § 932.704(3), Fla. Stat. (2001). . . . See §§ 932.701(2)(a), 932.703(1), (6), 932.704(8), Fla. Stat. (2001). . . . A forfeiture case proceeds in accordance with the Florida Rules of Civil Procedure. § 932.704(2), Fla . . .
. . . . § 932.704(1) ("It is the policy of this state that law enforcement agencies shall utilize the provisions . . .
. . . See §§ 932.704 and 932.701(2)(c), Fla. Stat. (1997). Our supreme court, in English v. . . .
. . . See § 932.704(c), Fla. Stat. (1995). . . . and affirmative defenses within 20 days after receipt of the complaint and probable cause finding. § 932.704 . . .
. . . proceeding within forty-five days after the seizure, as required by sections 932.701(2)(e), 932.703(3), and 932.704 . . . Section 932.704(4), Florida Statutes (1999), requires that the seizing agency “promptly proceed against . . .
. . . See § 932.704(8), Fla. Stat. (1995). Butler’s later appeal of the order was untimely, see Butler v. . . .
. . . . § 932.704(4). . . . . § 932.704(5)(c). . . . . Highway Patrol petitioned for forfeiture of this money in the circuit court in compliance with section 932.704 . . .
. . . See § 932.704(5)(a), Fla. Stat. (1999). . . . See id. § 932.704(5)(c). . . . . § 932.704(6)(a), Fla. Stat. . . .
. . . See §§ 932.701(2)(g), 932.704, Fla. Stat. (2000). . . .
. . . was void where the bank had not been served with process pursuant to the Forfeiture Statute, section 932.704 . . . (Emphasis added) § 932.704(6)(a), Fla. Slat. (1997). . . . .
. . . filed a forfeiture complaint and verified supporting affidavits pursuant to sections 932.701 through 932.704 . . . Under section 932.704(4), Florida Statutes, the seizing agency must file the complaint within forty-five . . .
. . . See § 932.704(8), Fla. Stat. (1997). . . .
. . . First, section 328.05(3)(e) provides that the forfeiture is pursuant to sections 932.701-932.704, Florida . . . Therefore, section 328.05(3)(c) must be construed in pari materia with sections 932.701-932.704. . . . Section 932.704(1) provides that the policy of the Florida Contraband Forfeiture Act is to “deter and . . . enforcement agency, or the division, and which shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . .
. . . which denied her motion for attorney’s fees in a forfeiture proceeding filed pursuant to subsection 932.704 . . . Thereafter, Gay moved for an award of attorney’s fees, costs and interest pursuant to subsection 932.704 . . . Subsection 932.704(10), Florida Statutes (1997) provides: When the claimant prevails, at the close of . . . The trial court denied Gay’s request for attorney’s fees based on subsection 932.704(10). . . . Subsection 932.704(9)(b) makes no reference to that provision and section 55.03 applies expressly and . . .
. . . Florida Statute section 932.704(1)(1997) provides in part that: It is also the policy of this state that . . . See 588 So.2d at 966-67; see also § 932.704, Fla. Stat. . . .
. . . . § 932.704(1) (1997); cf. United States v. James Daniel Good Real Property, 510 U. . . . seized property until such rights, interest, and title are “perfected” in accordance with the statute); §932.704 . . . Stat. §932.704(1) (1997), also distinguish more mundane and temporary vehicle seizures performed for . . .
. . . Section 932.704, Florida Statutes (1997) requires the seizing agency to “promptly proceed” in its forfeiture . . . Because respondent failed to “promptly proceed” in its forfeiture of the vehicle as required by section 932.704 . . .
. . . Metiver, 684 So.2d 204 (Fla. 4th DCA 1996), Appellants sought attorney’s fees pursuant to § 932.704(10 . . . action which precipitated the forfeiture proceedings was a gross abuse of the agency’s discretion.” § 932.704 . . .
. . . . § 932.704(8); see also United States v. 92 Buena Vista Avenue, 507 U.S. 111, 125-26, 113 S.Ct. 1126 . . .
. . . See §§ 932.703(2)(a),(b), 932.704(5)(b). . . . See §§ 932.701(2)(h), 932.704, Fla. Stat. (1995); Cochran v. . . . determination as if no person entitled to notice had requested a preliminary hearing, pursuant to section 932.704 . . .
. . . . § 932.704(1), Fla. Stat. (1983). 479 So.2d at 110. . . .
. . . to forfeiture by a seizing law enforcement agency, pursuant to applicable provisions of ss. 932.701-932.704 . . . to forfeiture by a seizing law enforcement agency, pursuant to applicable provisions of ss. 932.701-932.704 . . .
. . . . § 932.704(3), Fla. . . . See also § 932.704(2) (all civil forfeiture cases to be heard before a circuit judge of the civil division . . . If the state wishes to forfeit the property, it must file forfeiture proceedings pursuant to section 932.704 . . . (emphasis added) . § 932.704(4), Fla. Sat. (1997). . § 932.701(2)(c), Fla. Stat. (1997). . . .
. . . .” § 932.704(1), Fla. Stat. (Supp.1996). . . . before a circuit judge in the civil division with the Florida Rules of Civil procedure governing. § 932.704 . . . And the seizing agency proceeds against the contraband article by filing a complaint. § 932.704(4), Fla . . . Notice must be given to persons who may claim an interest in the subject property. § 932.704(5), Fla. . . . that the contraband article was being used in violation of the Florida Contraband Forfeiture Act. § 932.704 . . .
. . . See § 932.704(6)(a) and (c), Fla. . . . Section 932.704(6)(a) and (c) provide in relevant part that: (6)(a) If the property is required by law . . .
. . . Garcell then scheduled a hearing on his motion for attorney’s fees pursuant to section 932.704(10), Florida . . .
. . . After the felony charges were filed, the Sheriff of Orange County filed a complaint pursuant to section 932.704 . . .
. . . Section 932.704(3), Florida Statutes (1995) provides: Any trial on the ultimate issue of forfeiture shall . . .
. . . constitutionally mandated prior to a seizure pursuant to the Florida Contraband Forfeiture Act, sections 932.701-932.704 . . .
. . . The applicable statute governing forfeiture proceedings, section 932.704, Florida Statutes (1993), provides . . . : § 932.704 Forfeiture proceedings.— (4) The seizing agency shall promptly proceed against the contraband . . .
. . . We therefore reverse and remand for further proceedings consistent with section 932.704. . . . See §§ 932.704(8)-(9)(a), Fla. Stat. (1993). . . .
. . . Section 932.704(3), Florida Statutes (1993), provides as follows: Any trial on the ultimate issue of . . .
. . . Id.; see also id. § 932.704(6)(b). . . . . § 932.704(6)(a), (b), and does not address the method of service of process to be employed in serving . . . clarification. (1) Paragraph 932.704(6)(a) refers to "notice of the forfeiture complaint” and implies . . . Paragraph 932.704(6)(b) specifies the contents of the notice, contains a cross-reference to paragraph . . . (Emphasis added). (2) The first sentence of paragraph 932.704(6)(a) refers to title holders, owners, . . .
. . . law enforcement agency or the division, and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . .
. . . . § 932.704; see also Department of Law Enforcement v. . . . court must enter a “final order of forfeiture,” or otherwise direct disposition of the property. § 932.704 . . .
. . . The Fifth District Court of Appeal found that section 932.704(1), Florida Statutes (1987), allowed Sheriff . . .
. . . Although section 932.704(1), Florida Statutes (1991), provides that the seizing authority “shall promptly . . . See §§ 932.701-932.704, Fla.Stat. (1991). . . . .
. . . state attorney proceeded against it in circuit court by rule to show cause, as prescribed in section 932.704 . . .
. . . faced with a challenge to the facial validity of Florida’s Contraband Forfeiture Act, sections 932.701-932.704 . . .
. . . statute provides as follows: (2) No property shall be forfeited under the provisions of ss. 932.701-932.704 . . .
. . . . § 932.701-932.704, Fla.Stat. (1989). . . .
. . . that, (3) No bona fide lienholder’s interest shall be forfeited under the provisions of ss. 932.701-932.704 . . . court by ordering the lienholder’s interest to be paid from such proceeds of the sale as provided in s. 932.704 . . .
. . . as contraband by a law enforcement agency and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . .
. . . providing that the innocent owner’s property cannot be “forfeited under the provisions of ss. 932.701-932.704 . . .
. . . as contraband by a law enforcement agency and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . . , on Judiciary-Criminal, CS for HB 1467 (1987), Staff Analysis (revised May 25, 1987). . §§ 932.701-932.704 . . .
. . . Sections 932.701-932.704, Fla.Stat. (1989). . . . as contraband by a law enforcement agency and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . . contraband property by a law enforcement agency and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . .
. . . before claiming property by forfeiture, the state must file forfeiture proceedings pursuant to section 932.704 . . .
. . . . § 932.704(1). . . . Id. § 932.704(3). . . . Short title; definition of “contraband article”.— (1) Sections 932.701-932.704 shall be known and may . . . be cited as the “Florida Contraband Forfeiture Act.” (2) As used in ss. 932.701-932.704, “contraband . . . (3)(a). 932.704. . . .
. . . it to return personal property seized pursuant to the Florida Contraband Forfeiture Act (§§ 932.701-932.704 . . .
. . . . § 932.704(1), Fla.Stat. (1989). . . . We agree that this same standard should apply to determine “due proof” under section 932.704, Florida . . .
. . . provides, in part, as follows: (2) No property shall be forfeited under the provisions of ss. 932.701-932.704 . . . activity. (3) No bona fide lienholder’s interest shall be forfeited under the provisions of ss. 932.701-932.704 . . .
. . . law enforcement agency or the division, and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . . Section 932.704 provides, in relevant part: The state attorney ... shall promptly proceed against the . . . , section 932.703(2) provides: No property shall be forfeited under the provisions of ss. 932.701 — 932.704 . . .
. . . .-701-932.704, Florida Statutes (1989), known as the Florida Contraband Forfeiture Act. . . .
. . . means of said property, or said property is “personal property” as defined by Sections 932.701 through 932.704 . . . law enforcement agency or the division, and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . .
. . . .-701-932.704, Florida Statutes (1987), the “Florida Contraband Forfeiture Act” (hereinafter the “Act . . . “Contraband article” is defined in Section 932.701(2)(a): (2) As used in ss. 932.701-932.704, “contraband . . .
. . . The Florida Contraband Forfeiture Act, sections 932.701-932.704, Florida Statutes, provides for the seizure . . .