The Florida Contraband Forfeiture Act is Florida’s forfeiture law. In Florida, there is only civil asset forfeiture and innocent owners are protected.
No Attorney Fee/Costs in Money Seizure Cases Unless We Recover Money
We help people recover money in Florida & Federal civil forfeiture claims.
The Florida Contraband Forfeiture Act is the set of laws that regulate asset forfeiture Florida. Unlike Federal law and the laws of other states, Florida does not have criminal forfeiture. On the contrary, Florida only has civil asset forfeiture. However, despite being brought in civil court as opposed to criminal court, civil asset forfeiture in Florida has a criminal burden of proof: Beyond a reasonable doubt.
This is a good thing, because it is harder to prove a case using a reasonable doubt standard than the normal civil standard of preponderance of the evidence.
We help people recover money in civil asset forfeiture claims brought under Federal and Florida law.
In the federal system, the Civil Asset Forfeiture Reform Act of 2000 (CAFRA 2000) regulates civil asset forfeiture. Unlike Florida law, federal prosecutors may also pursue forfeiture criminally, depending on the circumstances.
When does the Florida Contraband Forfeiture Act apply?
Knowing which laws apply is essential to success in litigation. To determine if the Florida Contraband Forfeiture Act applies to your case, we ask the following questions:
- Who is the seizing agency? Federal, state, or local law enforcement?
- What type of property was seized?
- Where was the property seized?
- When was the property seized?
- Have you received a “Notice of Seizure”? If so, from whom?
- Did prosecutors or agency attorneys file a forfeiture complaint court?
- Does the case involve a criminal investigation? If so, by which agencies?
What can be forfeited under the Florida Contraband Forfeiture Act?
The Florida Contraband Forfeiture Act broadly specifies large categories of property that may be forfeited. They include the following:
- Money, currency, monetary instruments, securities
- Motor vehicles, aircraft, marine vessels
- Real property used to commit a felony
- Personal property used to commit a felony
- Any controlled substance
- Gambling paraphernalia
- Equipment used to violate beverage or tobacco laws
- Motor fuel when the motor fuel tax has not been paid
The Legal Process
Civil forfeiture begins with the seizure of private property by law enforcement. The term “seizure” simply refers to when the Government or its agents take possession of private property.
Seizure is an important event in civil forfeiture because it triggers a number of important deadlines, such as the notice requirement.
Step 1: Notice of Seizure
Under Florida law, the seizing agency (usually a police department or sheriff’s office) has a duty, pursuant to Fl. Stat. 932.701, to send you a formal “Notice of Seizure” after they take your property.
The notice must identify the seized property and advise you of the right to demand an Adversarial Preliminary Hearing, pursuant to Fl. Stat. 932.703(3)(a). You must request a hearing in writing and send it by certified mail within 15 days of receiving the Notice of Seizure or else your right to an Adversarial Preliminary Hearing will be waived.
Below is an actual notice of seizure from a real case in Florida (yours may look similar):
Notice of Seizure (redacted)
Step 2: Probable Cause
The next step requires a judge to determine if probable cause exists for law enforcement to continue to hold your property. If you request an Adversarial Preliminary Hearing, the judge will hear any evidence or argument you wish to present as well as any evidence and argument law enforcement wishes to present.
If an Adversarial Preliminary Hearing is not requested, law enforcement will file a motion asking the court to determine if there is probable cause to seize the property.
In many respects, this is no different than first appearance in criminal court where a judge decides if there is probable cause to detain someone following arrest. In civil asset forfeiture, the only difference is that we are talking about the detention of property as opposed to people.
Like a probable cause determination in criminal court, probable cause in civil asset forfeiture is a very low standard. It is also not absolute and is based more on the representations made in police affidavits about what the evidence will ultimately prove, as opposed to what it actually proves, if anything.
Like first appearance court after an arrest, an Adversarial Preliminary Hearing is not a trial and it is not the ultimate end of civil forfeiture case. Rather, it is a check and balance on Government power by having a judge determine if law enforcement has satisfied the minimum requirements to seize your assets, pending the outcome of your civil forfeiture case.
The Government will be allowed to retain the property pending the outcome of the case if the judge finds there is sufficient probable cause. However, if the judge finds that there is no probable cause, your property must be returned quickly. Additionally, if you win the Adversarial Preliminary Hearing, the Government will have to pay you up to $2,000 in attorneys fees and costs.
Step 3: Discovery
If the court finds that there is sufficient probable cause to detain your property, the next step is “discovery”.
During this phase, the parties will depose each other’s witnesses, demand documentation back and forth, demand answers to interrogatories, and otherwise prepare their case for trial.
Given the nature of civil forfeiture proceedings, discovery typically involves the disclosure of police reports, witness statements, evidence logs, physical evidence, expert opinions, etc.
Discovery is a powerful tool that allows you to learn what the other side has before going to court.
Step 4: Jury Trial
Jury trial is the next step in the litigation process, assuming the case has not been dismissed or settled out of court. During trial, a jury will be picked and they will hear the Government’s evidence first. This evidence will be used to prove that your property was either the proceeds of crime or was used to (or intended to be used) commit a crime.
Like a criminal prosecution, the Government must prove its allegations beyond a reasonable doubt.
However, this is where a talented Civil Asset Forfeiture Attorney comes in. Mounting an aggressive and evidence driven defense is everything.
You will have the opportunity to challenge every single Government witness, ask them any relevant question you like, present your own evidence, testify on your own behalf, call your own witnesses, and mount as strong a defense as possible.
Additionally, the power of effective cross-examination may surprise you. Sometimes a “sure win for the Government” falls flat on its face when its witnesses give bad answers to tough questions posed by your Civil Asset Forfeiture Attorney.
Step 5: The Verdict
Unless your case results in a mistrial or hung jury, the end game of every trial is a verdict.
If the jury verdict is for the Government, ownership of the property formally transfers to them. Alternatively, if the jury verdict is for you, not only do you get your property back, but you are entitled to attorneys fees, costs, and interest in cases where there is evidence that the Government acted in bad faith or abused its power.
Questions? Contact Us!
Have a question about the Florida Contraband Forfeiture Act? Call us: 954-462-3636
Further Reading:
Nationwide Civil Asset Forfeiture Attorney
Criminal Forfeiture vs. Civil Asset Forfeiture Explained
Updated 11-27-2020