Understand how Florida civil asset forfeiture operates, the rules of seizure, and how long the hearing will last, and most of all, understand what a criminal defense attorney can do to help you battle the seizure of government property that you did not commit.

Key Takeaways

  • Generally, Florida Statutes section 932.703(1)(a) forbids the seizure of personal property without an arrest, with a few exceptions outlined in the statute.
  • The seizure agencies must apply for an initial probable cause determination within 10 business days of the seizure.
  • Property owners are given 15 days from the date they receive a certified mail notice to request an adversarial preliminary hearing.
  • At the end of a forfeiture trial, the government must prove the property is contraband beyond a reasonable doubt as required by Florida Statutes § 932.704(8).
  • A competent criminal defense lawyer will help property owners understand the deadlines, identify the statutory defenses, and guide them through the forfeiture process.

Civil asset forfeiture is a method by which Florida law enforcement can seize property used in a crime. The Florida Contraband Forfeiture Act (Florida Statutes §932.701-932.7062) gives the police much power. However, you still have strong constitutional rights under Florida law to defend against improper seizures and the forfeiture of your property.

Understanding the Basics of Civil Asset Forfeiture in Florida

If law enforcement is targeting your assets, the first step to protecting your rights is to consult a defense attorney near you. The Florida Contraband Forfeiture Act (Florida Statutes §§ 932.701–932.7062) provides for the government to file a lawsuit against real or personal property that it believes is connected to a crime.

Generally, the police will require an arrest warrant for the crime before they can take personal property in Florida. Since they can’t arrest someone for forfeiture, the property will be forfeited. Florida Statutes § 932.703(1)(a) only allows the police to seize personal property when the owner is arrested for the crime for which the property is being seized.

However, this arrest provision is not a strict requirement. Specific statutory exceptions (932.703(1)(a)) allow seizure without arresting the owner. 

These include when a person dies, when they move out of the jurisdiction to avoid arrest, when they cannot be found after a thorough search, or when a person knows that a third party was arrested. They allowed the person to use the property for criminal activity.

Statutory Timelines and How Police Seize Property

A criminal defense attorney can track the key statutory deadlines that police and other authorities must meet after a seizure. Florida Statutes § 932.703(2)(a) requires the seizing agency to file an application with a judge within 10 business days of the seizure, and to provide a sworn affidavit of probable cause.

The agency shall, within 5 working days after seizure, by certified mail, send a written notice of seizure to all persons to whom notice shall be sent pursuant to subdivision 932.703(3)(a) of Florida Statutes.

You must be told in this notice that you may request a post-seizure hearing.

Requesting an Adversarial Preliminary Hearing

The property owner must file a written request for an adversarial preliminary hearing by certified mail within 15 days of receiving the seizure notice to challenge the seizure pursuant to Florida Statutes § 932.703(3)(a). The seizing agency shall give the person a formal notice and schedule the hearing to take place within 10 days or as soon as practicable.

At the preliminary hearing, which is adversarial, the court determines whether there was probable cause to seize the property and whether there is still probable cause to hold it. Under the Florida Statutes § 932.703(3)(c), the court must require the seizing agency to prove probable cause before you can be compelled to return your seized property.

Burdens of Proof and the Innocent Owner Protection

Florida has specific laws for each phase of the forfeiture process. There is a difference between the standard of proof required for a preliminary hearing and that required for a final forfeiture proceeding, with the latter demanding a higher standard. 

Florida Statutes § 932.704(8) states that if the seizing agency decides to move forward with a trial, the government must prove, beyond any reasonable doubt, that the property was used in violation of the Act.

Furthermore, Florida Statutes § 932.703(6)(a) and § 932.703(7) protect innocent owners. Florida Statutes § 932.703(6)(a) provides that if you can demonstrate that you were not aware of the use of the property or that it was likely to be used in an unlawful activity without your knowledge or consent, then the state cannot take away your property.

Under Florida forfeiture timelines, you must act quickly if your property was seized. Speak with an experienced attorney about your statutory defenses and legal options today by calling Piotrowski Law.