Florida Statute 932.704 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 932
PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW

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F.S. 932.704

932.704 Forfeiture proceedings.—

(1) It is the policy of this state that law enforcement agencies shall utilize the provisions of the Florida Contraband Forfeiture Act to deter and prevent the continued use of contraband articles for criminal purposes while protecting the proprietary interests of innocent owners and lienholders and to authorize such law enforcement agencies to use the proceeds collected under the Florida Contraband Forfeiture Act as supplemental funding for authorized purposes. The potential for obtaining revenues from forfeitures must not override fundamental considerations such as public safety, the safety of law enforcement officers, or the investigation and prosecution of criminal activity. It is also the policy of this state that law enforcement agencies ensure that, in all seizures made under the Florida Contraband Forfeiture Act, their officers adhere to federal and state constitutional limitations regarding an individual’s right to be free from unreasonable searches and seizures, including, but not limited to, the illegal use of stops based on a pretext, coercive-consent searches, or a search based solely upon an individual’s race or ethnicity.

(2) In each judicial circuit, all civil forfeiture cases shall be heard before a circuit court judge of the civil division, if a civil division has been established. The Florida Rules of Civil Procedure shall govern forfeiture proceedings under the Florida Contraband Forfeiture Act unless otherwise specified under the Florida Contraband Forfeiture Act.

(3) Any trial on the ultimate issue of forfeiture shall be decided by a jury, unless such right is waived by the claimant through a written waiver or on the record before the court conducting the forfeiture proceeding.

(4) The seizing agency shall promptly proceed against the contraband article by filing a complaint in the circuit court within the jurisdiction where the seizure or the offense occurred, paying a filing fee of at least $1,000 and depositing a bond of $1,500 to the clerk of the court. Unless otherwise expressly agreed to in writing by the parties, the bond shall be payable to the claimant if the claimant prevails in the forfeiture proceeding and in any appeal.

(5)(a) The complaint shall be styled, “In RE: FORFEITURE OF ” (followed by the name or description of the property). The complaint shall contain a brief jurisdictional statement, a description of the subject matter of the proceeding, and a statement of the facts sufficient to state a cause of action that would support a final judgment of forfeiture. The complaint must be accompanied by a verified supporting affidavit.

(b) If no person entitled to notice requests an adversarial preliminary hearing, as provided in s. 932.703(3)(a), the court, upon receipt of the complaint, shall review the complaint and the verified supporting affidavit to determine whether there was probable cause for the seizure. Upon a finding of probable cause, the court shall enter an order showing the probable cause finding.

(c) The court shall require any claimant who desires to contest the forfeiture to file and serve upon the attorney representing the seizing agency any responsive pleadings and affirmative defenses within 20 days after receipt of the complaint and probable cause finding.

(6)(a) If the property is required by law to be titled or registered, or if the owner of the property is known in fact to the seizing agency, or if the seized property is subject to a perfected security interest in accordance with the Uniform Commercial Code, chapter 679, the attorney for the seizing agency shall serve the forfeiture complaint as an original service of process under the Florida Rules of Civil Procedure and other applicable law to each person having an ownership or security interest in the property. The seizing agency shall also publish, in accordance with chapter 50, notice of the forfeiture complaint for 2 consecutive weeks on a publicly accessible website or, if published in print, once each week for 2 consecutive weeks in a newspaper qualified to publish legal notices under chapter 50 in the county where the seizure occurred.

(b) The complaint must, in addition to stating that which is required by s. 932.703(3)(a) and (b), as appropriate, describe the property; state the county, place, and date of seizure; state the name of the law enforcement agency holding the seized property; and state the name of the court in which the complaint will be filed.

(c) The seizing agency shall be obligated to make a diligent search and inquiry as to the owner of the subject property, and if, after such diligent search and inquiry, the seizing agency is unable to ascertain any person entitled to notice, the actual notice requirements by mail shall not be applicable.

(7) When the claimant and the seizing law enforcement agency agree to settle the forfeiture action prior to the conclusion of the forfeiture proceeding, the settlement agreement shall be reviewed, unless such review is waived by the claimant in writing, by the court or a mediator or arbitrator agreed upon by the claimant and the seizing law enforcement agency. If the claimant is unrepresented, the settlement agreement must include a provision that the claimant has freely and voluntarily agreed to enter into the settlement without benefit of counsel.

(8) Upon proof beyond a reasonable doubt that the contraband article was being used in violation of the Florida Contraband Forfeiture Act, the court shall order the seized property forfeited to the seizing law enforcement agency. The final order of forfeiture by the court shall perfect in the law enforcement agency right, title, and interest in and to such property, subject only to the rights and interests of bona fide lienholders, and shall relate back to the date of seizure.

(9)(a) When the claimant prevails at the conclusion of the forfeiture proceeding, if the seizing agency decides not to appeal, the seized property shall be released immediately to the person entitled to possession of the property as determined by the court. Under such circumstances, the seizing agency shall not assess any towing charges, storage fees, administrative costs, or maintenance costs against the claimant with respect to the seized property or the forfeiture proceeding.

(b) When the claimant prevails at the conclusion of the forfeiture proceeding, any decision to appeal must be made by the chief administrative official of the seizing agency, or his or her designee. The trial court shall require the seizing agency to pay to the claimant the reasonable loss of value of the seized property when the claimant prevails at trial or on appeal and the seizing agency retained the seized property during the trial or appellate process. The trial court shall also require the seizing agency to pay to the claimant any loss of income directly attributed to the continued seizure of income-producing property during the trial or appellate process. If the claimant prevails on appeal, the seizing agency shall immediately release the seized property to the person entitled to possession of the property as determined by the court, pay any cost as assessed by the court, and may not assess any towing charges, storage fees, administrative costs, or maintenance costs against the claimant with respect to the seized property or the forfeiture proceeding.

(10) The court shall award reasonable attorney’s fees and costs, up to a limit of $2,000, to the claimant at the close of the adversarial preliminary hearing if the court makes a finding of no probable cause. When the claimant prevails, at the close of forfeiture proceedings and any appeal, the court shall award reasonable trial attorney’s fees and costs to the claimant if the court finds that the seizing agency has not proceeded at any stage of the proceedings in good faith or that the seizing agency’s action which precipitated the forfeiture proceedings was a gross abuse of the agency’s discretion. The court may order the seizing agency to pay the awarded attorney’s fees and costs from the appropriate contraband forfeiture trust fund. Nothing in this subsection precludes any party from electing to seek attorney’s fees and costs under chapter 57 or other applicable law.

(11)(a) The Department of Law Enforcement, in consultation with the Florida Sheriffs Association and the Florida Police Chiefs Association, shall develop guidelines and training procedures to be used by state and local law enforcement agencies and state attorneys in implementing the Florida Contraband Forfeiture Act. At least annually, each state or local law enforcement agency that seizes property for the purpose of forfeiture shall review such seizures, any settlements, and any forfeiture proceedings initiated by the law enforcement agency to determine whether they comply with the Florida Contraband Forfeiture Act and the guidelines adopted under this subsection. If the review suggests deficiencies, the state or local law enforcement agency shall promptly take action to comply with the Florida Contraband Forfeiture Act.

(b) The determination as to whether an agency will file a civil forfeiture action is the sole responsibility of the head of the agency or his or her designee.

(c) The determination as to whether to seize currency must be made by supervisory personnel. The agency’s legal counsel must be notified as soon as possible after a determination is made.

(d) The employment, salary, promotion, or other compensation of any law enforcement officer may not be dependent on the ability of the officer to meet a quota for seizures.

(e) A seizing agency shall adopt and implement written policies, procedures, and training to ensure compliance with all applicable legal requirements regarding seizing, maintaining, and the forfeiture of property under the Florida Contraband Forfeiture Act.

(f) When property is seized for forfeiture, the probable cause supporting the seizure must be promptly reviewed by supervisory personnel. The seizing agency’s legal counsel must be notified as soon as possible of all seizures and shall conduct a review to determine whether there is legal sufficiency to proceed with a forfeiture action.

(g) Each seizing agency shall adopt and implement written policies and procedures promoting the prompt release of seized property as may be required by the act or by agency determination when there is no legitimate basis for holding seized property. To help ensure that property is not wrongfully held after seizure, each law enforcement agency must adopt written policies and procedures ensuring that all asserted claims of interest in seized property are promptly reviewed for potential validity.

(h) The settlement of any forfeiture action must be consistent with the Florida Contraband Forfeiture Act and the policy of the seizing agency.

(i) Law enforcement agency personnel involved in the seizure of property for forfeiture shall receive basic training and continuing education as required by the Florida Contraband Forfeiture Act. Each agency shall maintain records demonstrating each law enforcement officer’s compliance with this requirement. Among other things, the training must address the legal aspects of forfeiture, including, but not limited to, search and seizure and other constitutional considerations.

History.—s. 4, ch. 74-385; s. 4, ch. 80-68; s. 1, ch. 82-239; s. 2, ch. 85-304; s. 2, ch. 85-316; s. 1, ch. 87-77; s. 4, ch. 89-148; s. 2, ch. 89-307; s. 6, ch. 90-17; s. 4, ch. 92-54; s. 4, ch. 95-265; s. 27, ch. 2010-117; s. 3, ch. 2016-179; s. 30, ch. 2021-17; s. 22, ch. 2022-103.

Note.—Former s. 943.44.

F.S. 932.704 on Google Scholar

F.S. 932.704 on Casetext

Amendments to 932.704

Arrestable Offenses / Crimes under Fla. Stat. 932.704

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 932.704.

Annotations, Discussions, Cases:

Cases Citing Statute 932.704

Total Results: 20

VICTOR R. GRIFFIN v. CITY OF SWEETWATER POLICE DEPARTMENT

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-17T00:53:00-07:00

Snippet: of a standalone claim. See, e.g., Fla. Stat. § 932.704 (establishing forfeiture proceedings as a circuit

MARIA SERRET TEJADA v. FORFEITURE OF 2015 CADILLAC ESCALADE VIN NO: 1GYS4BKJ5FR157228

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-03T00:53:00-07:00

Snippet: forfeiture proceedings pursuant to ss. 932.701-932.704.” § 319.33(6), Fla. Stat. Even if it could be said

MICHAEL HUDSON v. CITY OF SUNRISE

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-13T23:53:00-08:00

Snippet: probable cause based on the City’s documents. See § 932.704(5)(b), Fla. Stat. (2016); see also Sanchez v. City…seizure.’” (alteration in original) (quoting § 932.704(5)(b))). Later, Hudson filed a written response…used in violation” of the Forfeiture Act. § 932.704(8), Fla. Stat. (2002). 2 The person contesting…the second stage is identified in section 932.704 as a “claimant.” The class of persons who… 2 Pursuant to the 2016 amendments to section 932.704(8), the clear and convincing standard was changed

David Gee, Sheriff of Hillsborough County v. Grantland

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-09T00:00:00-08:00

Citation: 203 So. 3d 992

Snippet: allegations of the complaint. See § 932.704(5)(a). The verified factual allegations state… verifying affidavits if not. See § 932.704(5)(b). No adversarial hearing was requested. After…used in violation of the ... Forfeiture Act.” § 932.704(8); see also Gomez, 41 So.3d at 184.… to support the seizure in accord with section 932.704(5)(b), and proceed to the next stage of the forfeiture

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-10T00:00:00-07:00

Citation: 210 So. 3d 78

Snippet: Gay, which interpreted section 932.704(10), not section 932.704(9). In Gay, the claimant… the language in section 932.704(10) to its interpretation of section 932.704(9). In considering …in Cox interpreted sections 932.704(9)(b) and 932.704(10) as establishing the same requirements…interpretation of the statutes. Sections 932.704(9) and 932.704(10) use different language to describe …Attorney’s Fees, & Damages” under sections 932.704(9)(b) and (10) in the pending forfeiture action

Board of Trustees, Jacksonville Police & Fire Pension Fund, etc. v. Curtis W. Lee

Court: Fla. | Date Filed: 2016-04-14T00:00:00-07:00

Citation: 189 So. 3d 120, 41 Fla. L. Weekly Supp. 146, 44 Media L. Rep. (BNA) 1769, 2016 Fla. LEXIS 783, 2016 WL 1458515

Snippet: Act without using “good faith” language), with § 932.704(10), Fla. .Stat. (2014) (providing for attorney

Ric L. Bradshaw, in his official capacity as the Sheriff of Palm Beach County v. Robert McCormick, Jr.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-06T00:00:00-08:00

Citation: 182 So. 3d 845, 2016 Fla. App. LEXIS 242

Snippet: subject to forfeiture pursuant to ss. 932.701-932.704,” the Florida Contraband Forfeiture Act. § 932.701…violation of section 316.1935. See § 932.704(4), Fla. Stat. (2014). McCormick moved for summary

Connolly, Jr. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-29T00:00:00-07:00

Citation: 172 So. 3d 893, 2015 Fla. App. LEXIS 11352

Snippet: subject to forfeiture pursuant to ss. 932.701-932.704. . The standard jury instruction on principals

Edwin Matos v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-17T00:00:00-07:00

Citation: 190 So. 3d 115, 2015 Fla. App. LEXIS 9248

Snippet: instituted forfeiture proceedings. See § 932.704(4), Fla. Stat. (2014) (stating “[t]he seizing agency

Ospina Garrido v. Miami-Dade Police Department

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-25T00:00:00-08:00

Citation: 170 So. 3d 810

Snippet: an award of attorneys’ fees under both section 932.704(10) 7 and section 57.105 8 …before a second stage- may proceed, and as section 932.704(10) makes clear, attorney’s fees may be awarded…addressing a claim for attorney’s fees under section 932.704(10) following a stage one probable cause determination… determine whether to award fees under section 932.704(10) or section 57.105 in light of the statements…from Judge Caballero. 7 . Section 932.704(10) provides: (10) The court shall award

Agresta v. City of Maitland

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-20T00:00:00-08:00

Citation: 159 So. 3d 876, 2015 Fla. App. LEXIS 2189, 2015 WL 710976

Snippet: continued use of contraband articles....” See § 932.704(1), Fla. Stat. (2008) (emphasis added). Nothing

Smith v. Bruster

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-29T00:00:00-07:00

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

Snippet: That forfeiture proceedings pursuant to section 932.704, Florida Statutes, had not and would not be followed

Eugene Smith v. Reginald Bruster

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-22T00:53:00-07:00

Snippet: That forfeiture proceedings pursuant to section 932.704, Florida Statutes, had not and would not be followed

Orlando Sanchez v. City of West Palm Beach

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-03T00:00:00-07:00

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

Snippet: While now codified by sections 932.703 and 932.704, Florida Statutes (2013), this two-step approach… action to recover the property. § 932.703(1), 932.704(1), Fla. Stat. (1991). At the proceeding, the “

Burns v. State, Department of Legal Affairs

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-01T00:00:00-07:00

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

Snippet: costs under chapter 57 or other applicable law. § 932.704(10), Fla. Stat. (2013).4 As this court previously…Appellants to seek damages pursuant to section 932.704, Florida Statutes (2013), in the trial court. Pondella

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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-23T00:00:00-07:00

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

Snippet: forfeiture by clear and convincing evidence. See § 932.704(8), Fla. Stat. At the hearing on Mostowicz’s motion

Patel v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-27T00:00:00-07:00

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

Snippet: forfeited. Id.; see also §§ 932.701(2)(g) and 932.704, Fla. Stat. (2013). The various subsections of

Waheed v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-07T00:00:00-08:00

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

Snippet: complaint in the circuit court. §§ 932.703(2)(b), 932.704(4), Fla. Stat. (2013). Upon seizure, an adversarial…be held on the ultimate issue of forfeiture. § 932.704(3), Fla. Stat. The statute sets forth twelve definitions

City of St. Petersburg v. Henderson

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-10T00:00:00-07:00

Citation: 125 So. 3d 1023, 2013 WL 3449709, 2013 Fla. App. LEXIS 10941

Snippet: convenience. We hold that the requirement in section 932.704(4) to “promptly proceed” with a forfeiture action

Lewis v. Rutherford

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-05T00:00:00-07:00

Citation: 117 So. 3d 30, 2013 WL 2436419

Snippet: settlement was reached that complies with section 932.704(7). As the trial court noted, whatever relief Lewis…§ 932.701.706, Fla. Stat. (2007) . See id. § 932.704(7) ("When the claimant and the seizing law