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Florida

Florida Contraband Forfeiture Act

The Florida Contraband Forfeiture Act (FCFA), codified in the Florida Statutes, Sections 932.701 to 932.7062, was enacted to help law enforcement officers deter crime by targeting the economic foundations of illegal activities. The FCFA covers a variety of offenses, including drug trafficking, money laundering, fraud, and racketeering.

The FCFA seeks to provide due process and safeguard property owners’ rights through mandatory notice requirements, the right to a preliminary adversarial hearing, a strict standard of proof, protections against unreasonable searches, innocent owner defenses, and the right to a jury trial.

The FCFA categorizes contraband as any property utilized in, intended for use in, or obtained through the commission of various criminal acts specified within the statute. The proceedings under the FCFA are civil in nature because they concern the property itself rather than a criminal case against the owner.

While it shares similarities with federal civil asset forfeiture laws, it also contains distinct provisions reflecting Florida’s legislative priorities. The FCFA places few limits on how law enforcement agencies may use forfeited assets. Civil asset forfeiture under the FCFA does not require that anyone be arrested or charged with any crime.

Florida’s asset forfeiture laws differ from federal asset forfeiture laws because the burden of proof is higher. While FCFA requires proof beyond a reasonable doubt, the federal government’s burden of proof requires only the connection between seized property and a crime by a preponderance of the evidence.

Attorney for Florida Contraband Forfeiture Act Proceedings

Given the complexities and potential for significant impact on individuals’ property rights, you need an experienced attorney to help you challenge a forfeiture action under the Florida Contraband Forfeiture Act.

The attorneys at the Sammis Law Firm represent claimants with standing to challenge the forfeiture, including an innocent owner, lien holder, bona fide purchaser, seller for value, or bailee.

Contact our civil asset forfeiture attorneys today. Call 813-250-0500.

Law Enforcement Agencies Seizing Property for Forfeiture in Florida

Law enforcement agencies in Florida that seize property for forfeiture proceedings include:

  • State Agencies;
    • Florida Department of Law Enforcement (FDLE)
    • Department of Highway Safety Motor Vehicles (DHSMV)
    • Florida Highway Patrol (FHP)
    • Florida Department of Financial Services (FDFS)
    • Florida Divison of Investigative and Forensic Services (FLDFS)
  • Sheriff’s Offices;
  • Police Departments;
  • University/Community College Police Departments; and
  • the State Attorney’s Office in each judicial circuit.

Types of Property Subject to Civil Asset Forfeiture in Florida

The Florida Contraband Forfeiture Act (FCFA) applies to a broad array of assets, including:

  • U.S. Currency and other monetary instruments
  • Cryptocurrency
  • Conveyances
    • Vehicles
    • Vessels
    • Aircraft
  • Bank Accounts
  • Phones
  • Electrical Equipment
  • Jewelry
  • Precious Metals
    • Gold
  • Real property

The FCFA defines “monetary instrument” to include:

  • 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.

Under the Florida Contraband Forfeiture Act, the term “contraband articles” includes:

  • A controlled substance as defined in ch. 893, F.S.;
  • A substance, device, paraphernalia, or currency or other means of exchange used, attempted, or intended to be used in violation of ch. 893, F.S.;
  • Gambling paraphernalia, lottery tickets, money, currency, or other means of exchange which was used, attempted, or intended to be used in violation of Florida gambling laws;
  • Equipment, liquid or solid, which was used, attempted, or intended to be used, in violation of Florida beverage or tobacco laws;
  • Motor fuel upon which the motor fuel tax has not been paid;
  • Personal property that was used or attempted to be used as an instrumentality in, or to aid or abet the commission of, any felony, or which is acquired by proceeds obtained from a violation of the Act;
  • Real property that was used or attempted to be used as an instrumentality in, or to aid or abet the commission of, any felony, or which is acquired by proceeds from a violation of the Act;
  • Any personal property in the possession of or belonging to any person who takes aquaculture products in violation of s. 812.014(2)(c), F.S.;
  • A motor vehicle used in the course of committing a violation of s. 322.34(9)(a), F.S.;
  • A motor vehicle offered for sale in violation of s. 320.28, F.S.;
  • Personal property used or attempted to be used as an instrumentality in the commission of, or aiding and abetting in the commission of, a person’s third or subsequent violation of s. 509.144, F.S.
  • Personal property in the possession of, or belonging to, any person which is acquired by the proceeds of Medicaid fraud under ss. 409.920, F.S., or 409.9201, F.S.;
  • Photographs, films, or other recorded images, recorded in violation of s. 810.145, F.S., and possessed for amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person; and
  • Real property which is acquired by the proceeds of Medicaid fraud under ss. 409.920, F.S., or 409.9201, F.S.

The offenses that might trigger a seizure under Florida Contraband Forfeiture Act include:

  • Chapter 316 – State Uniform Traffic Control;
  • Chapter 322 – Driver Licenses;
  • Chapter 787 – Kidnapping; False Imprisonment; Luring or Enticing a Child; Custody Offenses;
  • Chapter 796 – Prostitution;
  • Chapter 810 – Burglary and Trespass;
  • Chapter 812 – Theft, Robbery, and Related Crimes;
  • Chapter 817 – Fraudulent Practices;
  • Chapter 849 – Gambling;
  • Chapter 874 – Criminal Gang Enforcement and Prevention;
  • Chapter 893 – Drug Abuse Prevention and Control;
  • Chapter 895 – Offenses Concerning Racketeering and Illegal Debts; and
  • Chapter 896 – Offenses Related to Financial Transactions.

Procedures in the Florida Contraband Forfeiture Act

Within 10 days of the seizure of property, the seizing agency must apply to a court for an order determining whether probable cause exists for the seizure of the property. If a court finds that probable cause exists for the seizure, the seizing agency is directed to initiate a forfeiture proceeding by filing a “complaint for forfeiture” in the jurisdiction where the seizure or offense occurred.

The court must order the seized property forfeited to the seizing law enforcement agency if it proves beyond a reasonable doubt that the contraband article was used in violation of the FCFA,

If the property is forfeited to the seizing law enforcement agency, the agency is permitted to:

  • Retain the property for the agency’s use;
  • Sell the property; or
  • Salvage, trade or transfer the property to any public or nonprofit organization.

For county or municipal law enforcement agencies, the proceeds of forfeiture must be deposited into a trust fund established by the county or municipality with the proceeds being used for a school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or other law enforcement purposes other than meeting the normal operating expenses of the agency.

For a state agency, the proceeds of forfeiture are deposited into the General Revenue Fund unless the state agency has a dedicated trust fund created by statute to accept proceeds from a forfeiture.

This article was last updated on Friday, June 15, 2024.