Florida/Georgia Personal Injury & Workers Compensation

...Tramel, 695 So.2d 729 (Fla. 1st DCA 1996), in which the district court certified the following question to be of great public importance: WHETHER ARTICLE X, SECTION 4, FLA. CONST., PROHIBITS CIVIL FORFEITURE OF HOMESTEAD PROPERTY PURSUANT TO SECTIONS 932.701.702, FLA.STAT., WHEN THE PROCEEDS OF ILLEGAL ACTIVITY ARE INVESTED IN OR USED TO PURCHASE THE PROPERTY? Stewart, at 731....

...[3] Based on these findings, forfeiture proceedings were initiated against the Stewarts' real and personal property which was either used as an instrumentality or acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act (Forfeiture Act). [4] See §§ 932.701.707, Fla.Stat....

...contracted for house, field, or other labor performed on the realty, the following property owned by a natural person: (1) a homestead.... *823 The Forfeiture Act did not contain a provision for the forfeiture of real property until October 1, 1989. § 932.701, Fla.Stat. (1987). Of relevance here, section 932.701(2)(f), Florida Statutes (1989), was amended effective October 1, 1989, see ch....

...Waudby, 433 N.W.2d 716, 719 (Iowa 1988) (holding that where wrongfully obtained funds are used to purchase property, the property does not belong to purchasers and no homestead interest exists). NOTES [1] Although the certified question states the sections to be sections 932.701-.702, we refer in this decision to the Florida Contraband Forfeiture Act, which is sections 932.701-.707, Florida Statutes (1993)....

...[5] The jury was instructed that Florida law provides that the Stewarts' homestead interest could only be forfeited if it was purchased or acquired by illegally obtained proceeds. [6] The property consisted of 6.38 acres, a house, a barn, and a paved driveway. [7] This section, now section 932.701(2)(a)6, Florida Statutes (1995), provides: Any real property, including any right, title, leasehold, or other interest in the whole of any lot or tract of land, which was used, is being used, or was attempted to be used as an instrume...

...tatutes (2002). Velez did not attend the scheduled hearing. Velez's counsel asserted that because the officer's sworn complaint reflected that the money was in Velez's possession at the time of the seizure, he was a "person entitled to notice" under section 932.701(2)(e) and therefore had standing to contest the seizure at an adversarial preliminary hearing under section 932.703(2)(a)....

...THE FORFEITURE ACT Forfeiture proceedings in Florida are a two-stage process. The first stage is an adversarial preliminary hearing in which the seizing agency is required to establish probable cause that the property subject to forfeiture was used in violation of the Forfeiture Act. § 932.701(2)(f), Fla....

...§ 932.703(2)(a), Fla. Stat. The Act defines "person entitled to notice" as "any owner, entity, bona fide lienholder, or person in possession of the property subject to forfeiture when seized, who is known to the seizing agency after a diligent search and inquiry." § 932.701(2)(e), Fla. Stat. The second stage is a forfeiture proceeding "in which the court or jury determines whether the subject property shall be forfeited." § 932.701(2)(g), Fla....

...The person contesting the forfeiture in the second stage is identified in section 932.704 as a "claimant." The class of persons who are claimants is narrower than those entitled to notice of the adversarial preliminary hearing. A claimant is defined in section 932.701(2)(h) as "any party who has proprietary interest in property subject to forfeiture and has standing to challenge such forfeiture, including owners, registered owners, bona fide lienholders, and titleholders." ANALYSIS Our resolution o...

...Specifically, the Forfeiture Act first defines a "person entitled to notice" as "any owner, entity, bona fide lienholder, or person in possession of the property subject to forfeiture when seized, who is known to the seizing agency after a diligent search and inquiry." § 932.701(2)(e), Fla....

...The Third District construes the Forfeiture Act as granting standing at the preliminary hearing only to one who can demonstrate an interest sufficient to satisfy the court of the party's standing as a "claimant." This limitation on standing at this preliminary proceeding is contrary to the plain meaning of section 932.701(2)(e) and would effectively negate the language therein that brings a "person in possession of property subject to forfeiture when seized" within the definition of a "person entitled to notice." To give effect to the plain meaning of section 932.701(2)(e) and to avoid rendering part of that provision ineffectual, a person in possession of the property at the time of seizure must be granted standing at the adversarial preliminary hearing....

...stage process of the Forfeiture Act. In the first stage, the adversarial preliminary hearing, the seizing agency bears the burden of establishing "probable cause that the property subject to forfeiture was used in violation of the [Forfeiture Act]." § 932.701(2)(f), Fla....

...f probable cause for the seizure is addressed. No interest in the property is actually forfeited to the seizing agency at this stage. The second stage, the forfeiture proceeding, actually "determines whether the subject property shall be forfeited." § 932.701(2)(g), Fla....

...ll be extinguished in favor of the seizing agency. To establish status as a "claimant" with standing to contest forfeiture in this second stage, a person must demonstrate that he or she has "a proprietary interest in property subject to forfeiture." § 932.701(2)(h), Fla....

...We approve the decisions of the Fourth District Court of Appeal in Baruch and Jean-Louis. It is so ordered. PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, and CANTERO, JJ., concur. NOTES [1] Hereinafter "Forfeiture Act." The Forfeiture Act spans sections 932.701-.707, Florida Statutes (2002)....

...anor offenses? Mulligan v. City of Hollywood, 871 So.2d 249, 257 (Fla. 4th DCA 2003). [1] The Fourth District answered this question in the affirmative. We rephrase the question as follows: Does the Florida Contraband Forfeiture Act (FCFA), sections 932.701-.707, Florida Statutes (2002), preempt a municipality from adopting an ordinance that authorizes the seizure and impoundment of vehicles used in the commission of certain misdemeanor offenses? We answer this rephrased question in the negative....

...ntraband Transportation Act. Ch. 74-385, §§ 1-4, Laws of Fla., codified at §§ 943.41-.44, Fla. Stat. (1975). In 1980, the name of this act was changed to the Florida Contraband Forfeiture Act (FCFA). [4] The FCFA was later renumbered to sections 932.701-.704; and, in 1992, section 932.704 was amended to include a policy statement....

...ovisions of the FCFA when forfeiting contraband articles used for criminal purposes, the Legislature had expressly preempted "municipal criminal contraband forfeiture laws" to the State. 871 So.2d at 256. The Fourth District further found that under section 932.701(2)(a)(5) of the FCFA, the Legislature had expressly limited the forfeiture of vehicles to felony offenses....

...uding . . . any . . . vehicle of any kind . . . which was used or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, whether or not comprising an element of the felony .... § 932.701(2)(a)(5), Fla....

...any ... vehicle of any kind... which was used or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, whether or not comprising an element of the felony] for criminal purposes. §§ 932.701(2)(a)(5), .704(1), Fla....

...statute." Id. (citing Edwards, 422 So.2d 84). The FCFA and the ordinance do not conflict because they authorize different remedies for different criminal conduct. The FCFA allows for the forfeiture of vehicles used in the commission of a felony. See § 932.701(2)(a)(5), Fla....

..., title, leasehold, or other interest in the whole of any lot or tract of land, which was used, is being used, or was attempted to be used as an instrumentality in *184 the commission of, or in aiding or abetting in the commission of, any felony.... § 932.701(2)(a)6., Fla....

...§ 932.703(2), Fla. Stat. (2008). If an adversarial preliminary hearing is held, "the seizing agency is required to establish probable cause that the property subject to forfeiture was used in violation of the Forfeiture Act." Velez, 934 So.2d at 1164 (citing § 932.701(2)(f), Fla. Stat. (2002)). The second stage, the forfeiture stage, "is a forfeiture proceeding `in which the court or jury determines whether the subject property shall be forfeited.'" Velez, 934 So.2d at 1164 (quoting § 932.701(2)(g), Fla. Stat. (2002)). The seizing agency must file a complaint for forfeiture within forty-five days after the seizure. §§ 932.701(2), 932.704(4), Fla....

...the Florida Contraband Forfeiture Act. (Emphasis added.) Similarly, section 932.703(1)(b) states: Notwithstanding any other provision of the Florida Contraband Forfeiture Act, except the provisions of paragraph (a), contraband articles set forth in s. 932.701(2)(a)7....

...Based on the foregoing reasoning, we approve the Third District's decision in Gomez and disapprove the First and Fifth Districts' decisions in Forfeiture of 1993 Lexus and Baggett. It is so ordered. CANADY, C.J., and LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur. NOTES [1] Sections 932.701 through 932.706, Florida Statutes (2008), constitute the Act....

...2d DCA 2002), which certified conflict with In re Forfeiture of One (1) 1994 Honda Prelude, 730 So.2d 334 (Fla. 5th DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We must determine the effect of the deadlines for filing forfeiture complaints that sections 932.701(2)(c) and 932.704(4), Florida Statutes (1999), impose on state agencies that seize property....

...DeGregorio owned title to the 1986 Lincoln, but no record showed that the 1988 Lincoln was titled or registered in Florida. In July 1999, the Sheriff seized both vehicles. Almost four months later, the Sheriff filed a complaint for forfeiture against the two vehicles under the Florida Contraband Forfeiture Act, sections 932.701-.707, Florida Statutes (1999) (the "Act")....

...In deciding this case, we must interpret several provisions of the Act. Section 932.704(4) provides: "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." (Emphasis added.) Section 932.701(2)(c) defines "promptly proceed" as "to file the complaint within 45 days after seizure." A separate provision also refers to this time limitation....

...Section 932.704(4) plainly states that 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." Promptly proceed is defined in section 932.701(2)(c) as "to file the complaint within 45 days after seizure." Thus, to initiate a forfeiture proceeding against property, the Act requires the seizing agency to file a complaint within 45 days of seizure....

...Because the statute here provides for the deprivation of a property right, its procedural requirements cannot be regarded as immaterial or a matter of mere convenience. We hold that the requirement in section 932.704(4) to "promptly proceed" with a forfeiture action is mandatory, and that under section 932.701(2)(c), "promptly proceed" means what it says: "to file the complaint within 45 days after seizure." *375 We note that in Real Property, we held the Act constitutional only because we read into it certain procedures necessary to protect due process rights....

...ANSTEAD, C.J., and PARIENTE and QUINCE, JJ., concur. WELLS, J., dissents with an opinion, in which LEWIS and BELL, JJ., concur. WELLS, J., dissenting. I dissent because I find that the Second District's decision in this case is consistent with our prior case law in respect to sections 932.701-.704, Florida Statutes (Florida Contraband Forfeiture Act), and that the Fifth District's decision in In re Forfeiture of One 1994 Honda Prelude, 730 So.2d 334 (Fla....

...the Fifth District Court of Appeal held unconstitutional that part of section 932.703(1) Florida Statutes (1983), which prohibited any action for recovery of seized property subject to forfeiture under the Florida Contraband Forfeiture Act, sections 932.701-932.704....

...Phillips, Gainesville, for appellee. CORRECTED OPINION MILLS, Judge. Wayne and Vivian Smith, husband and wife, appeal from an order granting forfeiture of their interest in a pickup truck pursuant to the Florida Contraband Forfeiture Act, Sections 932.701-932.704, Florida Statutes (1981)....

...ZEHMER, J., concurs specially with opinion. ZEHMER, Judge, concurring specially. While I concur in the decision of the majority, I must explain in detail my reasons for doing so. My review of numerous recent decisions involving the Florida Forfeiture Contraband Act, sections 932.701-932.704, Florida Statutes (1981), reveals a definite shift in the direction of requiring mandatory forfeiture in all cases, with no discretion in the courts and prosecutors to excuse forfeiture in appropriate circumstances....

...The matter was tried upon the parties' stipulation of evidence, supplemented by affidavits of Vivian and Wayne Smith. The stipulation stated in part: 1. That Vivian Smith is an innocent owner as defined and contemplated under the Florida Forfeiture Statute, Florida Statute § 932.701, 932.702, 932.703, and 932.704, and as defined and contemplated in the recent Third Court of Appeal opinion In Re: 1979 Lincoln Continental Brown v....

...yne Smith as husband and wife and thus said vehicle was property owned by the marriage legally defined as property held by Vivian and Wayne Smith as tenants by the entireties. (Emphasis added.) The trial court ordered forfeiture pursuant to sections 932.701-932.704, Florida Statutes. [2] Although obviously concerned about the equities militating against forfeiture in this case, the trial court concluded that the Smiths did not have a legally sufficient defense because sections 932.701-932.704, mandated forfeiture and left no discretion in the state attorney, the sheriff, or the court to excuse or deny forfeiture in these circumstances....

...4th DCA 1969), although admitting such decision was on point, because it felt compelled to follow the later decision in In re 1979 Lincoln Continental, 405 So.2d 249 (Fla. 3d DCA 1981). There are several reasons why the applicable forfeiture statute (§§ 932.701-932.704, Fla....

...The court, as well as the seizing official, has the power to release a seized vehicle to an innocent owner. Metropolitan Dade County v. Garcia, supra . Cf., In re Forfeiture of Alcoholic Beverages Seized from Saul's Elks Club, 440 So.2d 65 (Fla. 1st DCA 1983). Analysis of sections 932.701 through 932.704, in light of these principles, necessarily leads to the conclusion that the ultimate decision to order forfeiture of vehicles after seizure thereunder is discretionary, not mandatory....

...The judgment of forfeiture must be reversed and the case remanded with directions that the seized vehicle be returned to the appellants. APPENDIX "ORDER GRANTING FORFEITURE" This is a forfeiture proceeding brought by the Sheriff of Alachua County under the provisions of Sec. 932.701 et seq....

...currency was illegally seized without *611 a warrant in violation of the Fourth Amendment to the United States Constitution and article 1, section 12 of the Florida Constitution. This case arises under the Florida Contraband Forfeiture Act, sections 932.701-704, Florida Statutes (1993)....

...lity in the commission of, or in aiding or abetting in the commission of, any felony, whether or not comprising an element of the felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act." § 932.701(2)(a)5., Fla....

...Vinikoor of David G. Vinikoor, P.A., Fort Lauderdale, for appellees. GROSS, Judge. The City of Ft. Lauderdale appeals the trial court's finding of no probable cause in an adversarial preliminary hearing under the Florida Contraband Forfeiture Act, sections 932.701-932.707, Florida Statutes (1995)....

...A "person entitled to notice" is a phrase defined by the Act: "Person entitled to notice" means any owner, entity, bona fide lienholder, or person in possession of the property subject to forfeiture when seized, who is known to the seizing agency after a diligent search and inquiry. § 932.701(2)(e), Fla....

...than that required of a "claimant" at a forfeiture hearing. To qualify as a "claimant," a party opposing forfeiture has the burden of establishing both a "proprietary interest" in the property seized and "standing" to challenge the forfeiture. See §§ 932.701(2)(h), 932.704, Fla....

...The third district held that Munoz had not demonstrated standing at the preliminary hearing, finding that his "mere possession of the currency" was not "legally determinative of his possessory and/or ownership interest" in the money. Id. at 1287-88. Munoz did not cite to section 932.701(2)(e), the statutory definition of a "person entitled to notice;" it appears that Munoz fell within that definition as a person "in possession of the property......

...x or were authorized on the signature cards to access it, such that they could be said to have been in "possession" of the money at the time it was seized. In sum, the appellees failed to demonstrate that they were persons "entitled to notice" under section 932.701(2)(e), so they had no standing to litigate the issue of probable cause at an adversarial preliminary hearing....

...POLEN, Judge, dissenting. I would affirm the trial court's determination that appellant has failed to show probable cause to proceed with forfeiture proceedings as to the contents of box number 4178. The majority's contention that a "person entitled to notice" under section 932.701(2)(e) is required to show standing for an adversarial probable cause hearing is not, in my view, supported by the statute....

...nterest" in the box, whether she had rented the boxes, and whether she had ever been at Gault Ocean Intervault. [2] The forfeiture statute characterizes money as a type of personal property which may be a "contraband article" subject to seizure. See § 932.701(2)(a)5, Fla....

...2); and (b) that a condition precedent to forfeiture of personal property under Section 932.703, Florida Statutes (1981), "which has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony," see § 932.701(2)(e), Fla....

...the state is clearly sufficient to ... [establishes] probable cause to believe that a nexus exists between the article seized and narcotics activity, whether or not the use of the contraband article can be traced to a specific narcotics transaction. § 932.701(2)(a)1, Fla....

...g ... currency, which was used or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, ... or which is acquired by proceeds obtained as a result of a violation of [this act]. § 932.701(2)(a)5, Fla....

...ture Act had occurred—that is, that the currency was used in (or represented proceeds of) a criminal enterprise. The totality of the evidence here was sufficient to establish probable cause. Therefore, we affirm the trial court's order. NOTES [1] §§ 932.701-932.707, Fla....

...n appeals. See Calavenzo v. State, 695 So.2d 857 (Fla. 4th DCA 1997); Stone v. State, 630 So.2d 660 (Fla. 2d DCA 1994). On the merits, the state argues that the trial court correctly released the evidence to the state because it is contraband. See §§ 932.701—932.707, Fla. Stat. (1995). Section 932.701(2)(a) of the Contraband Forfeiture Act defines the "contraband" as: 1....

...[2] Section 933.14(1), Florida Statutes (1995) provides for the return of property taken pursuant to a search warrant. However, it states that "in no instance shall contraband ... be returned to anyone claiming an interest therein ..." (emphasis added) [3] § 932.704(4), Fla. Sat. (1997). [4] § 932.701(2)(c), Fla....

...cion that its occupants had committed, were committing, or were about to commit a crime. Our standard of review of an order finding probable cause after an adversarial preliminary hearing, under the Florida Contraband Forfeiture Act, is de novo. See § 932.701, Fla....

...That being so, I respectfully disagree with that part of footnote five which indicates that it would be relevant to know whether the owner had given the men permission to stop by the townhouse. With these minor observations, I join the majority opinion. NOTES [1] See § 932.701-.707, Fla....

...Zimmerman told him the knapsack did not belong to him and that someone unknown to him must have left it there. After the contraband was found, Baker arrested Zimmerman, and his truck was seized and held for the filing of a forfeiture action pursuant to the Florida Contraband Forfeiture Act, sections 932.701-704....

...5th DCA 1987); State v. Reeves, 488 So.2d 670 (Fla. 4th DCA 1986). Thus, it was proper for the trial court to consider the presence of the contraband in the truck, and the truck's role in transporting it, in making a probable cause finding required by section 932.701(2)(f). REVERSED AND REMANDED. PETERSON, C.J., and GRIFFIN, J., concur. NOTES [1] § 932.701, et seq., Fla....

...The court also determined that it had properly acquired personal jurisdiction over Dukes. We find that the evidence is sufficient to sustain the trial court's determinations. We also conclude that the vehicle was subject to forfeiture as contraband under the act. Section 932.701(2)(e) [2] defines a contraband article as: Any personal property, including, but not limited to, any item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, securities, or currency, which has been or is act...

...Had the legislature wanted to require a burden of proof greater than the civil standard — proof by a preponderance of the evidence — then it could have required that proof of a conviction of the felony was necessary to entitle the state to forfeiture. AFFIRMED. ORFINGER, C.J., and DAUKSCH, J., concur. NOTES [1] §§ 932.701-932.704, Fla....

...ts in accordance with this act. Neither replevin nor any other action to recover any interest in such property shall be maintained in any court, except as provided in this act. In any incident in which possession of any contraband article defined in s.932.701(2)(a)-(d) constitutes a felony, the vessel, motor vehicle, aircraft, or personal property in or on which such contraband article is located at the time of seizure shall be contraband subject to forfeiture....

...t the time of seizure, is being used or was intended to be used in a manner to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of a contraband article defined in s.932.701(2)(a)-(d). (2) No property shall be forfeited under the provisions of ss.932.701-932.704 if the owner of such property establishes that he neither knew nor should have known after a reasonable inquiry that such property was being employed or was likely to be employed in criminal activity. (3) No bona fide lienholder's interest shall be forfeited under the provisions of ss.932.701-932.704 if such lienholder establishes that he neither knew nor should have known after a reasonable inquiry that such property was being used or was likely to be used for illegal activity, that such use was without his consent, express or...

...deducted the conclusion that appellant unlawfully transported, carried or conveyed § 932.702, Fla. Stat. (1981)) in his pickup truck, a controlled substance as defined in chapter 893, Florida Statutes, which is a "contraband article" as defined in section 932.701(2)(a), Florida Statutes (1981)....

...However, there was no competent evidence before the trial judge from which to draw a legal conclusion that the $1,007.83 had been, or was actually employed as, an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, and, therefore, contraband under section 932.701(2)(e), Florida Statutes (1981), and, accordingly, the order forfeiting that money is reversed....

...However, the attorney for Oakland argued Mercer did not have standing to contest the forfeiture. The trial court entered final summary judgment for Mercer. With regard to Mercer's standing to contest the forfeiture, we agree with the ruling below for two reasons. Section 932.701(2)(h) defines "claimant," persons who have standing to contest forfeiture of property under the act, as "any party who has a proprietary interest in property subject to forfeiture and has standing to challenge such forfeiture, includi...

...[3] It also follows that pursuant to section 932.704(4), Oakland's complaint to forfeit the truck, filed on December 19, 2000, was untimely. Section 932.704(4) requires a seizing agency to "promptly proceed" by filing a complaint in order to effect a forfeiture. Section 932.701(2)(c) defines "promptly proceed" as "to file the complaint within 45 days after seizure." The 45 day period may be extended to 60 days for good cause, [4] but good cause was neither alleged below nor argued on appeal....

...However, I believe Honda Prelude merits reexamination. Section 932.704(4), Florida Statutes (2001), requires a seizing agency to "promptly proceed" with a civil forfeiture action by filing a forfeiture complaint within 45 days following a property seizure. See also § 932.701(2)(c), Fla....

...e complaint within 45 days following seizure of the vehicle as required by statute, the trial court held that it lacked subject matter jurisdiction to proceed, consistent with our holding in Honda Prelude. But whether the 45-day time period found in section 932.701(2)(c) (extendable to 60 days under certain circumstances) is a jurisdictional bar is a matter of some debate....

...d in section 95.11(3)(n), Florida Statutes (2002), meaningless. See Mosley v. State ex rel. Broward County, 363 So.2d 172 (Fla. 4th DCA 1978) (holding section 95.11(3)(n) was applicable to proceedings under section 943.44 (which was later renumbered 932.701-.704, the statutes at issue))....

...Stat.(2000) provides: Notice provided by certified mail must be mailed within 5 working days after the seizure and must state that a person entitled to notice may request an adversarial preliminary hearing within 15 days after receiving such notice ... Mercer as an "owner" was a party entitled to notice. § 932.701(2)(c), Fla....

...address in violation of section 328.05(3)(c), Florida Statutes (1995). [1] *519 Thereafter, the Department of Environmental Protection [DEP] brought a civil in rem forfeiture action seeking the forfeiture of the claimant's $60,000 vessel pursuant to section 932.701, Florida Statutes (1995), "The Florida Contraband Forfeiture Act," and section 328.05(3)(c), Florida Statutes (1995)....

...Although the legislative history provides little guidance as to the legislature's intent, after reviewing section 328.05(3), we find that it is partly punitive in nature. First, section 328.05(3)(c) provides that the forfeiture is pursuant to sections 932.701-932.704, Florida Statutes (1995), the "Florida Contraband Forfeiture Act." Therefore, section 328.05(3)(c) must be construed in pari materia with sections 932.701-932.704....

...775.083, or s. 775.084. A violation of any provision of this subsection with respect to any vessel shall constitute such vessel as contraband which may be seized by a law enforcement agency, or the division, and which shall be subject to forfeiture pursuant to ss. 932.701-932.704.

...The Miss Jean, a commercial lobster fishing boat owned by the appellants, George and Marlene Morton, was seized by Florida Marine Patrol officers who were found to have had probable cause [1] to believe that the vessel was carrying a contraband article — marijuana — in violation of the Florida Contraband Forfeiture Act, §§ 932.701-.704, Fla....

...The Mortons contend that the judgment in their favor in the forfeiture proceeding establishes that the seizure and the subsequent detention of their vessel were unlawful and entitles them to recover damages in a tort action against the State. We disagree. Seizure and forfeiture in Florida are governed by Sections 932.701-.704, Florida Statutes, the Florida Contraband Forfeiture Act....

...courts of "taking" claims based on temporary deprivation, the Mortons' claims for loss of use in tort and in inverse condemnation must fail. [15] Affirmed. NOTES [1] The Mortons concede that there is sufficient evidence to support this finding. [2] Section 932.701 defines "contraband article" as, among other things, any controlled substance defined in Chapter 893, which includes marijuana....

...object, tool, substance, devise, weapon, machine, vehicle of any kind, money, securities, or currency, which has been or is actually employed *732 as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony. § 932.701(2)(a), (e), Fla....

...Smith and Robert Moletteire, of Reinman, Harrell, Silberhorn, Moule & Graham, P.A., Melbourne, for appellees. SHARP, Judge. The City of Indian Harbour Beach appeals from an order denying forfeiture of a Cessna aircraft under the Florida Contraband Forfeiture Act (Act). §§ 932.701-704, Fla. Stat. (1983). The issue on appeal is whether the Cessna was "employed as an instrumentality in the commission of" a felony, so as to make it "contraband" under section 932.701(2)(e), Florida Statutes (1983), and thus subject to forfeiture....

...registration to Damron. The City seized the plane, claiming Damron's possession of the unregistered aircraft violated section 329.10, Florida Statutes (1983), which makes the possession of an improperly registered aircraft a third degree felony. [1] Section 932.701, Florida Statutes (1983) defines contraband for purposes of the Act....

...5th DCA 1983) where an illegal shotgun was being transported in a vehicle. We held that the truck in that case was being used as an instrumentality in the accomplishment of a different crime — possession of a short-barreled shotgun — and, therefore, it was subject to forfeiture pursuant to section 932.701(2)(e)....

...The final *629 order of forfeiture by the court shall perfect the state's right and interest in and title to such property and shall relate back to the date of seizure. The facts underlying this appeal show that the Sheriff of Orange County seized a 1980 Oldsmobile on July 22, 1983, pursuant to the aforesaid Act (section 932.701-704, Florida Statutes)....

...City Attys., for appellant. Bobby Barclay, in pro. per. Before NESBITT, LEVY and GODERICH, JJ. NESBITT, Judge. The City of Miami seeks reversal of an order requiring the return of personal property seized pursuant to the Florida Contraband Forfeiture Act (§§ 932.701-932.704, Fla....

...A "contraband article," under Florida's Contraband Forfeiture Act, includes "any personal property including, but not limited to, any ... weapon ... [or] vehicle of any kind ... which has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting the commission of, any felony." § 932.701(2)(e), Fla....

...ction 847.011(1)(a), Florida Statutes (1985). Jesus and Concepcion initiated a replevin action against the sheriff. The matter ultimately went to trial upon a counterclaim for forfeiture filed by the sheriff and the state attorney in accordance with section 932.701, Florida Statutes (1985), the Florida Contraband Forfeiture Act....

...of the class-action members, cross-appeal the same order. We affirm because the City of Miami's Vehicle Impoundment Ordinance, City of Miami Code, sections 42-120 through 42-125 (1997), is preempted by the Florida Contraband Forfeiture Act, sections 932.701 through section 932.707, Florida Statutes (2002)(hereinafter referred to as the "Forfeiture Act")....

...bject. Barragan v. City of Miami, 545 So.2d 252, 254 (Fla.1989). We further agree with the owners that the Forfeiture Act directly preempts the City's ordinance because the Act provides for a comprehensive procedure for forfeiture of property. See §§ 932.701-932.707, Fla....

...ture Act to deter and prevent the continued use of contraband articles for criminal purposes while protecting the proprietary interests of innocent owners and lienholders. The Act also states that forfeiture applies to acts that constitute felonies. § 932.701(2)(a)5, Fla....

...ding issue. The issue before the court is whether Florida European or Jones qualifies as a "claimant" within the meaning of the Florida Contraband Forfeiture Act in order to contest the forfeiture action. Under the Florida Contraband Forfeiture Act, section 932.701(2)(h), Florida Statutes (1993), a "claimant" is defined as "any party who has proprietary interest in property subject to forfeiture and has standing to challenge such forfeiture, including owners, registered owners, bona fide lienhol...

...Gallagher, 609 So.2d 24, 26 (Fla.1992). Since forfeiture actions involve the state's abridgement of a person's property rights, such actions must satisfy substantive and procedural due process requirements, including notice of the seizure and an opportunity to be heard. See id.; § 932.701(2)(e), Fla....

...if the real identity of the motor vehicle or mobile home cannot be determined, the motor vehicle or mobile home shall constitute contraband and shall be subject to forfeiture by a seizing law enforcement agency, pursuant to applicable provisions of ss. 932.701-932.704....

...estroyed, or otherwise removed for the purpose of concealing the identity of the major component part, the part shall constitute contraband and shall be subject to forfeiture by a seizing law enforcement agency, pursuant to applicable provisions of ss. 932.701-932.704....

...No marijuana or other contraband was found in the Porsche. On April 2, 1982, the City of Clearwater filed a petition for rule to show cause and for final order of forfeiture asking the court to give title to the Porsche to the City pursuant to sections 932.701 to 932.704, Florida Statutes (1981) ("The Florida Contraband Forfeiture Act")....

...After a hearing, the trial court denied the forfeiture request. This appeal followed. Section 932.702(3), Florida Statutes (1981), makes it unlawful to use any motor vehicle to facilitate the purchase or sale of any contraband article, which includes marijuana. In addition, section 932.701(2)(e) defines contraband to include a vehicle which has been employed in aiding or abetting in the commission of a felony....

...The Camaro was impounded by the police along with $7,400 in currency found in the console of the car. The city filed a petition for forfeiture of the Camaro and the currency. We conclude that the trial court's denial of the petition was correct. Grounds for forfeiture are contained in sections 932.701-703, Florida Statutes (1983). Section 932.703 is to the effect that any motor vehicle which is contraband as defined in section 932.701(2)(e), or which has been used in violation of section 932.702, "shall be forfeited......

...State, 427 So.2d 364 (Fla. 2d DCA 1983). Accordingly, there must be forfeiture if the motor vehicle falls within either of those two statutory provisos which may be broadly summarized as follows: first, if it is "contraband" as that term is defined in section 932.701(2)(e), i.e., if it is "employed as an instrumentality in the commission of ......

...s to the currency, why we conclude the trial court properly ruled that they were not subject to forfeiture under either of those statutory provisos. The Camaro a. The Camaro Was Not Contraband The Camaro could have been forfeited as contraband under section 932.701(2)(e), Florida Statutes (1985), if it had been employed as an instrumentality in the commission of a felony....

...Even if there was a showing that Jewell employed the Camaro as an instrumentality in the use of the title certificate or license in that manner, a violation of section 843.02 is a misdemeanor and therefore could not cause the Camaro to be contraband under section 932.701(2)(e)....

...Under Florida's developing case law of forfeiture, standing is being treated as a preliminary issue for the court. To establish standing, a claimant as a general rule must show ownership, or an ownership interest, in the property which has been seized. See id. § 932.701(2)(h); Vasquez v....

...Assume a hypothetical case in which Mr. X is a drug dealer and has $100,000 in proceeds of the drug business. The $100,000 is seized. Mr. X has standing because it is his money. The money is subject to forfeiture, however, because it is the proceeds of illegal activity. See §§ 932.701(2)(a), 932.703(1), (6), 932.704(8), Fla....

...on, money — even if found to have been employed as an instrumentality in the commission of, or in aiding and abetting in the commission of, any felony — was not a contraband article subject to forfeiture. Compare § 943.41, Fla. Stat. (1975), with § 932.701, Fla....

...ter 717 would be relevant, since the question of whether the lessors, as holders, would be required to turn over the money to the State after the seven-year presumption of abandonment attached would be before us. [1] The statute presently in effect, section 932.701, Florida Statutes (1983) provides that money may be considered contraband subject to forfeiture....

...Jacques was charged with driving a vehicle with a license plate number assigned to another vehicle in contravention of Section 320.06, Florida Statutes (1983), a motor vehicle statute. The petitioner, Miami Shores Village, initiated forfeiture proceedings pursuant to Sections 932.701-.704, Florida Statutes (1983) (the Florida Contraband Forfeiture Act) and filed a Petition for Rule to Show Cause in circuit court....

...The forfeiture must nonetheless fail if based on the crime of carrying a concealed weapon. Section 932.703(1) provides for forfeiture of a motor vehicle in which contraband is discovered if possession of such contraband article constitutes a felony. Section 932.701(2) defines contraband. The only definition relevant here is in Section 932.701(2)(e), which, in pertinent part, defines as contraband: "Any personal property, including ......

...Although petitioner argues that the felony here is carrying a concealed firearm, such a construction of the statute would be nonsensical, for it would require that the firearm be used as an instrumentality in the commission of the felony of carrying a concealed firearm. Rejecting petitioner's argument, we hold here that Section 932.701(2)(e) applies to make a handgun contraband only where the felony in which it is an instrumentality is, by generic definition, an independent felony which can be committed without that firearm....

...This is an appeal from a final order of the circuit court requiring forfeiture of a private airplane. The substantive issue presented is whether a Piper Aztec airplane on which the assigned identification numbers have been altered, the possession of which is a third degree felony, [1] is "contraband" under section 932.701(2)(e), Florida Statutes (1983), so as to permit its forfeiture pursuant to the Florida Contraband Forfeiture Act....

...Possession of an airplane with altered identification numbers in this case is analogous to possession of the unregistered plane in Damron. In order to be subject to forfeiture, the plane must be a "contraband article" as defined under subsection (2)(a) through (d) of section 932.701 — i.e., a controlled substance, gambling paraphernalia, equipment violating the beverage or tobacco laws, motor fuel with unpaid tax, etc....

...— or a vessel, motor vehicle or aircraft used in the transportation, possession or concealment of such contraband. See § 932.703(1), Fla. Stat. (1983). This plane fits in neither category. The confusion is occasioned by the language of subsection (2)(e) of section 932.701, which further defines a "contraband article" as: Any personal property, including, but not limited to, any item, object, tool, substance, *944 device, weapon, machine, vehicle of any kind, money, securities, or currency, which has be...

...White argues that the trial court erred in denying his motion to suppress the introduction into evidence of cocaine found in White's car during a warrantless inventory search of the car following its seizure pursuant to the Florida Contraband Forfeiture Act, sections 932.701-932.707, Florida Statutes (1993), and in failing to exclude the testimony of a police officer relating to a prejudicial statement made by White prior to receiving " Miranda warnings." [1] Because we conclude (i) that the police had probable c...

...The Florida Contraband Forfeiture Act authorizes law enforcement agencies to seize vehicles "of any kind" used "to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article." § 932.701(2)(a)5; 932.702(3), Fla. Stat. (1993). The Forfeiture Act defines "contraband article" to include "any controlled substance as defined in chapter 893." § 932.701(2)(a)1, Fla....

...There is no Florida case that directly deals with this issue. In Department of Law Enforcement v. Real Property, 588 So.2d 957 (Fla.1991), the court found that notification was not constitutionally mandated prior to a seizure pursuant to the Florida Contraband Forfeiture Act, sections 932.701-932.704, Florida Statutes (1993)....

...cient to meet the state's burden of establishing probable cause to believe that a nexus exists between the article seized and the narcotics activity, whether or not the use of the contraband article can be traced to a specific narcotics transaction. § 932.701(2)(a)1., Fla....

...The trial court did not find that the totality of the circumstances were sufficient to constitute *954 probable cause that the currency was used or intended to be used in drug offenses. On de novo review, we agree with its conclusion. Affirmed. DELL and FARMER, JJ., concur. NOTES [1] §§ 932.701-.707, Fla....

...sed or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, ... or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act. § 932.701(2)5, Fla....

...It further provides that the application of one civil remedy under that act does not preclude the application of any other remedy, civil or criminal and that civil remedies under the act are supplemental and not mutually exclusive. The civil forfeiture in this case was apparently pursued under section 932.701-707, using the RICO statute to elevate the otherwise misdemeanor crimes to a felony....

...Accordingly, we reverse the orders on appeal and remand for further proceedings. REVERSED and REMANDED. PETERSON and GOSHORN, JJ., concur. NOTES [1] U.S. Const. amend. V; Art I, § 9, Fla. Const. [2] §§ 895.03(3), 895.02(3) and 895(4), Fla. Stat. (1995). [3] § 932.701-707, Fla....

...r Bartley's paying off in lump sum. In the interim, Bartley was instructed to continue paying the $300 per week interest. As a result of the foregoing, FDLE seized Pappas's Lincoln, and filed a petition to forfeit the automobile pursuant to sections 932.701-932.704, Florida Statutes (1983), alleging, inter alia, that the vehicle was used in violation of Section 687.071, Florida Statutes, Felonious Criminal Usury and/or a violation of this (these) provision(s) of law took place in, upon or by mea...

...perty; and/or the above-described property was significantly involved in the criminal transaction(s) or activity(ies) and/or was used to facilitate the illegal transaction(s) or activity(ies); or this property is a "contraband article" as defined in Section 932.701, Florida Statutes (1981), in that it has been or was actually employed as an instrumentality in the commission of or in aiding or abetting in the commission of a felony, to wit: violations of Section 687.071(3), Florida Statutes relat...

...utes (1983), a third degree felony. The trial judge found that, while the loans of April and September, 1983, constituted criminal usury, the FDLE failed to demonstrate that the vehicle sought to be forfeited was a contraband article as described in section 932.701(2), Florida Statutes (1983)....

...However, it is also undisputed that no money, either as principal or interest, changed hands between Bartley and Pappas at that meeting. Therefore, the evidence is legally insufficient to classify the subject automobile as a "contraband article," subject to forfeiture under section 932.701(2)(e), Florida Statutes. The forfeiture statute was amended in 1980 to include § 932.701(2)(e), to broaden the scope of a "contraband article" to include any vehicle that has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony....

...p sum, he would try to persuade his "people" to accept $10,000 rather than the current amount due of $12,800. Thus, we believe that the forbearance aspect of section 687.071 is applicable and that FDLE adequately proved its case for forfeiture under section 932.701(2)(e)....

...rt's issuing a rule to show cause. Accordingly we reverse the order, which required the Department to turn the currency over to Kerr ($3,460) and to Charles ($35,930). These proceedings were brought by the Department against the currency pursuant to section 932.701-704, Florida Statutes (1991), the Florida Forfeiture Statute, which empowers the state to seize and forfeit property under various circumstances described in the statute, and specifically in this case, currency which has been or is in...

...We reverse the forfeiture of $13,000 cash found in defendant's automobile following a consensual search of the automobile after defendant was stopped for a speeding violation. We conclude that probable cause did not exist that the money was illicitly used within the meaning of section 932.701(2)(e), Florida Statutes (1985)....

...Hernandez was charged with counterfeiting private labels and offenses against intellectual property. Pursuant to a seizure warrant, the Department seized 53 items of Hernandez's personal property as well as currency. The Department eventually filed a complaint for forfeiture of the seized property. See § 932.701, Fla....

...The trial court entered a final judgment of forfeiture and this appeal timely followed. On appeal, Hernandez claims that reversal is required because the record demonstrates that the Department failed to comply with the mandatory filing requirement of section 932.701(2)(c) of the Florida Statutes....

...fter the 45 days elapsed. The court has reviewed Hernandez's other points on appeal and find them either to be without merit or not properly preserved. AFFIRMED. GRIFFIN and ORFINGER, JJ., concur. NOTES [1] Florida's Contraband Forfeiture Act. See §§ 932.701-p.707, Fla....

under the Florida Contraband Forfeiture Act, section 932-701-.704, Florida Statutes (1983). The owner attempted

...raband Forfeiture Act. Section 932.704, Florida Statutes (1997) requires the seizing agency to "promptly proceed" in its forfeiture of contraband by filing a complaint in the trial court within the jurisdiction where the seizure or offense occurred. Section 932.701(2)(c), Florida Statutes (1997) defines "promptly proceed" as filing the complaint within 45 days after seizure....

...if the real identity of the motor vehicle or mobile home cannot be determined, the motor vehicle or mobile home shall constitute contraband and shall be subject to forfeiture by a seizing law enforcement agency, pursuant to applicable provisions of ss. 932.701-932.704.......

...t two prior misdemeanor driving with a suspended license convictions under section 322.34(2), Florida Statutes (2002). See § 322.34(2)(c). The officer seized the jeep based on the vehicle's use during the commission of this felony, as authorized by section 932.701(2)(a)(5), Florida Statutes (2002), of the Florida Contraband Forfeiture Act (the Act), sections 932.701-932.707....

...Rhodes, Pensacola, for appellant. William P. White, Asst. State Atty., Pensacola, for appellee. ZEHMER, Judge. Richard Crenshaw appeals an order forfeiting his 1984 Volvo automobile to the Pensacola Police Department pursuant to its petition to show cause under sections 932.701, 932.702, and 932.703, Florida Statutes (1985)....

...essentially repeated the language quoted from the petition, but made no specific factual findings in support of the stated conclusions. This forfeiture proceeding is governed by the following provisions in Chapter 932, *140 Florida Statutes (1985). Section 932.701(2)(a) defines "contraband article" as including the cocaine here involved....

...932.702 shall immediately vest in the state upon seizure by a law enforcement agency, subject only to perfection of title, rights, and interests in accordance with this act... . In any incident in which possession of any contraband article defined in s. 932.701(2)(a)-(d) constitutes a felony, the vessel, motor vehicle, aircraft, or personal property in or on which such contraband article is located at the time of seizure shall be contraband subject to forfeiture....

...at the time of seizure is being used or was intended to be used in a manner to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of a contraband article defined in s. 932.701(2)(a)-(d)....

...s shown to be more than remotely incidental to an occupant's possession of illicit drugs for purely personal use. We note the supreme court's opinion in Duckham v. State, 478 So.2d at 349, in which the court, based on the 1980 amendments to sections 932.701-.704 in chapter 80-68, Laws of Florida, receded in part from its prior opinion in Griffis v....

...basis for forfeiture of the vehicle. See Martinez v. Heinrich, 521 So.2d 167 (Fla. 2d DCA, 1988). THOMPSON and BARFIELD, JJ., concur. NOTES [1] § 893.135(1)(b), Fla. Stat. (1985). [2] This charge is a felony. § 893.13(1)(e), Fla. Stat. (1985). [3] Section 932.701(2)(a) defines contraband article as including "any controlled substance as defined in chapter 893 or any substance, device, paraphernalia, or currency or other means of exchange which has been, is being or is intended to be used in violation of any provision in chapter 893." [4] In Duckham v....

...a firearm “during the commission of or while aiding and abetting the commission of” an offense. In fact, the Legislature did precisely that in enacting certain forfeiture 108 legislation. See e.g., § 932.701(2)(a), Fla. Stat. (2015)33; § 831.033, Fla. Stat. (2015).34 Given the language employed in these statutes, it is evident that the 33 § 932.701 provides in pertinent part: (2) As used in the Florida Contraband Forfeiture Act: (a) “Contraband article” means: .... 5....

...strumentality in the commission of, or in aiding or abetting in the commission of, the crime of counterfeiting, as proscribed by ss. 831.03-831.034, and not otherwise included in paragraph (a), may be seized and is subject to forfeiture pursuant to ss. 932.701-932.704. 110 v....

...m with a copy of the complaint. The court held an adversarial preliminary hearing and entered an order of probable cause finding that the Department had established sufficient facts to believe that the money was a "contraband article," as defined by section 932.701(2)(a), Florida Statutes (1993)....

...The trial court subsequently entered a final judgment of forfeiture premised on its prior finding that Fraser, the "only potential claimant" to the currency, had "failed to establish standing to contest the forfeiture concerned herein." [1] We are governed by the Florida Contraband Forfeiture Act, sections 932.701.705, Florida Statutes (1997), and the decisional law interpreting it....

...esiding over a medical malpractice case and denied Chuck's motion to dismiss. [2] The trial court then addressed the standing issue. Chuck contended that he only had to demonstrate that he was a "person entitled to notice," as the term is defined in section 932.701(a)(9)e(), Florida Statutes....

...Constitutionality of Forfeiture Statutes It is firmly established that claimants have a constitutional right to a jury trial under Article I, Section 22 of the Florida Constitution, in civil forfeiture proceedings instituted under Florida's Contraband Forfeiture Act, sections 932.701-.704, Florida Statutes....

...ded substantive and procedural safeguards that were not in the wording of the act. The Florida Legislature adopted most of the requirements of Department of Law Enforcement when it enacted Florida Session Laws chapter 92-54 (codified at Fla. Stat. §§ 932.701-932.707 (Supp.1992))....

...4th DCA 1998). Specifically, only a person entitled to notice under section 932.703(2)(a), Florida Statutes, is entitled to an adversarial preliminary hearing. See City of Ft. Lauderdale v. Baruch, 718 So.2d 843, 846 (Fla. 4th DCA 1998). According to section 932.701(2)(e), a "person entitled to notice" is any owner, entity, bona fide lienholder, or person in possession of the property subject to forfeiture when seized, who is known to the seizing agency after a diligent search and inquiry....

...The third district held that Munoz had not demonstrated standing at the preliminary hearing, finding that his "mere possession of the currency" was not "legally determinative of his possessory and/or ownership interest" in the money. Id. at 1287-88. Munoz did not cite to section 932.701(2)(e), the statutory definition of a "person entitled to notice;" it *750 appears that Munoz fell within that definition as a person "in possession of the property ......

...In Toney's case, the record does not reveal the race or ethnicity of Lakeisha Thomas and Omar Jackson. [4] A "forfeiture proceeding" is "a hearing or trial in which the court or jury determines whether the subject property shall be forfeited." See § 932.701(2)(g), Fla. Stat. (2003). A "claimant" is a party who has a "proprietary interest" in the property and "has standing to challenge such forfeiture." See § 932.701(2)(h), Fla. Stat. (2003). As we have previously noted, an "adversarial preliminary hearing" is "a hearing in which the seizing agency is required to establish probable cause," for the seizure. See § 932.701(2)(f), Fla....

...if the totality of the facts presented by the state is clearly sufficient to meet the state's burden of establishing probable cause to believe that a nexus exists between the article seized and the narcotics activity, whether or not the use of the contraband article can be traced to a specific narcotics transaction. § 932.701, Fla....

...We reverse. *854 The Florida Contraband Forfeiture Act defines contraband to include "[a]ny ... vehicle ... which has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony." See section 932.701(2)(e), Florida Statutes (1985); City of St....

...tion Report or IRS Form 8300 regarding the monies. The police seized the money for forfeiture. On December 27, 2002, Velez requested an adversarial preliminary hearing under section 932.703(2)(a) of the Florida Contraband Forfeiture Act (the Act) [§§ 932.701-07 Fla....

...tanding to contest the seizure of the money, Velez' counsel argued that because it was admitted in the sworn complaint in the action that the money was in Velez' possession at the time of the seizure, he was a person entitled to notice as defined by § 932.701(9)(e), Fla....

...Vose, Orlando, for appellant. No appearance for appellee. ORFINGER, Chief Judge. The issue on appeal is whether an operable short-barreled shotgun, the possession or ownership of which is a third-degree felony (section 790.221, Florida Statutes, [1981]), is "contraband" under section 932.701(2)(e), Florida Statutes (1981), so as to cause the forfeiture of the pick-up truck in which that short-barreled shotgun is transported, carried, concealed, possessed, etc. § 932.702, Florida Statutes (1981). [1] Under the Florida Contraband Forfeiture Act, "contraband," as pertinent here, is defined in section 932.701(2)(e) as: Any personal property, including but not limited to, any item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, securities, or currency which has been or is actually employed as an instrumentality in the commission of, any felony....

...Bergeron admits that it is illegal to possess a short-barreled shotgun, but argues that it is not "contraband" under the statute. The trial court granted defendant's motion to dismiss the rule to show cause on the stated ground that the shotgun was not contraband under section 932.701(2)(e) because it was not "personal property which is `actually employed as an instrumentality in the commission of a felony,' but rather is personal property the possession of which is the felony itself." We reverse....

...at p. 422 (1945). The short-barreled shotgun is thus the means or instrument by which the crime of possession of that forbidden article is committed, and it is thus the instrumentality of the crime. Therefore, it is a contraband article as defined by section 932.701(2)(e)....

...rea where the hull identification number is usually placed. Upon closer inspection, the sergeant determined that the required identification number had been removed. The sergeant seized the vessel pursuant to the Florida Contraband Forfeiture Act, §§ 932.701-.704, Fla. Stat. (1983). Following a hearing, the trial court ordered the boat forfeited, implicitly holding that the vessel was used as an instrumentality in the commission of a felony in violation of sections 328.07(4) and 932.701(2)(e), Florida Statutes (1983)....

...ed, destroyed, covered, or defaced or maintain such vessel in any manner which conceals or misrepresents the true identity of the vessel. A vessel is subject to forfeiture only when it becomes contraband, § 932.703, Fla. Stat. (1983), as defined in section 932.701(2). Section 932.701(2)(e) defines as a contraband article: Any personal property, including, but not limited to, any item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, securities, or currency, which has been or is actuall...

...The Florida Contraband Forfeiture Act provides that private property is subject to government forfeiture when the state proves that the property is contraband. See id. Contraband is defined as property that has been used in the furtherance of a criminal enterprise. See § 932.701(2)(a)5, Fla....

...cle being titled or registered in Florida. On July 12, 1999, the Sheriff seized both vehicles, and on November 4, 1999, the Sheriff filed a complaint for forfeiture against the two vehicles pursuant to the Florida Contraband Forfeiture Act, sections 932.701 to 932.707, Florida Statutes (1999)....

...DeGregorio moved for summary judgment asserting that because the vehicles were seized on July 12, 1999, and the complaint for forfeiture was filed on November 4, 1999, the Sheriff failed to promptly proceed in instituting the forfeiture proceeding within forty-five days after the seizure, as required by sections 932.701(2)(c), 932.703(3), and 932.704(4), Florida Statutes (1999)....

...Section 932.704(4), Florida Statutes (1999), requires that the seizing agency "promptly proceed against the contraband article by filing a complaint in the circuit court within the jurisdiction where the seizure or the offense occurred." "Promptly proceed" is defined in section 932.701(2)(c) as the filing of the complaint "within 45 days after seizure." The only reference in the Act to a consequence of the failure to promptly proceed appears in section 932.703(3), which provides: Neither replevin nor any other actio...

...1st DCA 1982), appellant subsequently pled nolo contendere to one of the conspiracy charges, the remaining charge being dismissed. Shortly after appellant's arrest, the state filed a petition seeking to have appellant's van declared a contraband article as defined in section 932.701(2), Florida Statutes (1981), and forfeited to the Tallahassee Police Department....

...Both orders are now before us for review. Regarding the order of forfeiture, we find the facts to present a sufficient nexus between the van and the illegal drug transaction to bring the van within the definition of "contraband article" under *986 section 932.701(2)(e), [1] and to make the van subject to forfeiture under sections 932.702(3) and 932.703(1), Florida Statutes (1981)....

...ey that his position is meritorious and that the attorney will not be compensated by him. Neither prerequisite was fulfilled by appellant here. [4] The orders on appeal are in all respects AFFIRMED. LARRY G. SMITH and NIMMONS, JJ., concur. NOTES [1] § 932.701(2)(e): Any personal property, including but not limited to, any item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, securities, or currency, which has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony....

...ed to be used in violation of the Forfeiture Act. Id. ; § 932.703(2)(c), Fla. Stat. (2007). The second stage is the forfeiture proceeding in which the court or jury determines whether the seized property will be forfeited. Velez, 934 So.2d at 1164. Section 932.701(2)(a)11.(f) defines an "adversarial preliminary hearing" as a "hearing in which the seizing agency is required to establish probable cause that the property subject to forfeiture was used in violation of the [Forfeiture Act]." If prob...

...Through uncontroverted testimony, Mr. and Mrs. Lamboy, as well as other witnesses, presented evidence explaining where the money came from. Mrs. Lamboy also testified how the money was to be used. Appellee sought forfeiture of the currency under the provisions of sections 932.701-932.704, Florida Statutes (1989), known as the Florida Contraband Forfeiture Act. Section 932.701 provides for the forfeiture of: Any personal property, including ......

...Case No. 502013-CA011598-MB-AI. Michael F. Amezaga of Orner & Orner, P.L.L.C., Boca Raton, for appellant. Christopher Van Hall, West Palm Beach, for appellee. GROSS, J. In a forfeiture proceeding under the Florida Contraband Forfeiture Act, §§ 932.701-932.706, Florida Statutes (2013) (the “Act”), Orlando Sanchez appeals from a non-final order entered after an adversarial preliminary hearing finding probable cause to support the City of West Palm Beach’s continued seizure of $11,165.00 in U.S....

...If probable cause exists, the matter then proceeds to a subsequently scheduled forfeiture proceeding, during which “‘the court or jury determines whether the subject property shall be forfeited.’” Velez v. Miami-Dade Cnty. Police Dep’t, 934 So. 2d 1162, 1164 (Fla. 2006) (quoting § 932.701(2)(g), Fla....

the complaint within 45 days after seizure.” § 932.701(2)(c). Furthermore, in *346DeGregorio v. Balkwill

...The officer arrested Tarman after he failed road sobriety and breathalyzer tests. The officer then ran a computer check and discovered that Tarman had a revoked license for a previous DUI conviction. The Department seized Tarman's vehicle, pursuant to sections 322.34(9)(a), and 932.701(2)(a)(9), Florida Statutes (2004), which provide for the forfeiture of a vehicle driven by a person under the influence of alcohol whose license has been suspended for a prior DUI conviction. See §§ 322.34(9)(a), 932.701(2)(a)(9), Fla....

...alcohol or drugs in violation of s. 316.193 is subject to seizure and forfeiture ... if, at the time of the offense, the person's driver's license is suspended, revoked, or canceled as a result of a prior conviction for driving under the influence." Section 932.701(2)(a)(9), Florida Statutes (2004), the Florida Contraband Forfeiture Act, provides that a motor vehicle that is used during the course of committing an offense in violation of section 322.34(9)(a) is contraband.

Forfeiture Act.” § 932.702(5), Fla. Stat.; see also § 932.701(2)(a)5., Fla. Stat. (defining contraband as property

...ding ... any ... vehicle of any kind ... which was used or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, whether or not comprising an element of the felony...." [e.s.] § 932.701(2)(a)5, Fla....

...anda [1] warning, Cloud admitted that the $1900 constituted the proceeds from selling illegal drugs. However, the State noted that it did not represent the Florida Highway Patrol in matters relating to the Florida Contraband Forfeiture Act, sections 932.701 .707, Florida Statutes (2000), and therefore could not comment on whether that act applied to this case....

...not apply to this case. However, it appears that Cloud's money may have been properly forfeited under the Florida Contraband Forfeiture Act. Clearly, money obtained in violation of chapter 893, Florida Statutes (2000), is subject to forfeiture. See § 932.701(2)(a)(1)....

obtained as a result of a violation of the [FCFA].” § 932.701(2)(a)5., Fla. Stat. Based on the plain language

...UI unless the offender's license was suspended, revoked, or cancelled as a result of a prior DUI conviction. The trial court ruled that, pursuant to the rules of statutory construction, the specific forfeiture provision for DUI offenses set forth in section 932.701(2)(a)9. controls over the general forfeiture provision contained in section 932.701(2)(a)5....

...property, or real estate used in violation of any provision of the Florida Contraband Forfeiture Act, . . . may be seized and shall be forfeited subject to the provisions of the Florida Contraband Forfeiture Act. § 932.703(1)(a), Fla. Stat. (2005). Section 932.701(2)(a) of the Florida Statutes defines the term "contraband article" as follows: 932.701....

...element of the felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act. * * * 9. Any motor vehicle used during the course of committing an offense in violation of s. 322.34(9)(a).[ [2] ] § 932.701(2)(a), Fla. Stat. (2005)(emphasis added). Rife's commission of a felony DUI fits within the definition of using a contraband article in the commission of a felony. Accordingly, pursuant to section 932.701(2)(a)5., Rife's motor vehicle is subject to forfeiture....

...of Health, 898 So.2d 61 (Fla. 2005)(holding when the statutory language is clear, courts have no occasion to resort to rules of construction; they must read the statute as written, for to do otherwise would constitute an abrogation of legislative power). While section 932.701(2)(a)9....

...of the Florida Statutes defines a "contraband article" to include a motor vehicle used while driving under the influence of alcohol or drugs if the person's driver's license is suspended, revoked or cancelled as a result of a *1290 prior conviction, even if such violation is not a felony, that section does not supersede section 932.701(2)(a)5. of the Florida Statutes which defines "contraband article" to include any vehicle used in the commission of a felony. Here, section 932.701(2)(a)9....

...cancelled or disqualified. Both parties also agree that a third DUI charge that occurs within ten years after a prior conviction is a third degree felony. If either section is applicable, forfeiture is allowed. Under the alleged facts of this case, section 932.701(2)(a)5....

...[2] Section 322.34(9)(a) of the Florida Statutes provides: 322.34. Driving while license suspended, revoked, canceled, or disqualified * * * (9)(a) A motor vehicle that is driven by a person under the influence of alcohol or drugs in violation of s. 316.193 is subject to seizure and forfeiture under ss. 932.701-932.707 and is subject to liens for recovering, towing, or storing vehicles under s....

...He suggests that section 932.703(1), Florida Statutes (1981), is the enabling portion of the Act and argues that the following language of that section authorizes forfeiture of a vehicle only when it contains a contraband article of the type defined in section 932.701(2)(a)-(d): In any incident in which possession of any contraband article defined in s. 932.701(2)(a)-(d) constitutes a felony, the ... motor vehicle, ... in or on which such contraband article is located at the time of seizure shall be contraband subject to forfeiture. He reasons that since this provision does not refer to contraband articles as defined in section 932.701(2)(e), his jeep cannot be forfeited. We disagree. Section 932.701(2)(e) defines a contraband article as: Any personal property, including, but not limited to, any item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, securities, or currency, which has been or is actuall...

...[2] Since Montgomery used his jeep to aid in the commission of the felony of grand theft, it was subject to forfeiture. AFFIRMED. RYDER, J., and NELSON, WILLIAM J., Associate Judge, concur. NOTES [1] 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 article" means: (a) Any controlled substance as defined in chapter 893 or any substance, device, paraphernalia, or currency or other means of exchange which has been, is being, or is intended to be used in violation of any provision of chapter 893....

...ts in accordance with this act. Neither replevin nor any other action to recover any interest in such property shall be maintained in any court, except as provided in this act. In any incident in which possession of any contraband article defined in s. 932.701(2)(a)-(d) constitutes a felony, the vessel, motor vehicle, aircraft, or personal property in or on which such contraband article is located at the time of seizure shall be contraband subject to forfeiture....

...t the time of seizure, is being used or was intended to be used in a manner to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of a contraband article defined in s. 932.701(2)(a)-(d)....

184 (quoting Velez, 934 So.2d at 1164 (citing § 932.701(2)(f), Fla. Stat. (2002))). The second stage is

...932.7055. § 932.703(6)(b), Fla. Stat. (Supp.1996) (emphasis added). A "bona fide lienholder" for purposes of the foregoing statute is defined as follows: "`Bona fide lienholder' means the holder of a lien perfected pursuant *458 to applicable law." § 932.701(2)(b), Fla....

...interest. Because Bay County's ownership interest is not subject to Tyndall's lien, we reverse and remand for consistent proceedings. REVERSED and REMANDED. ALLEN and BENTON, JJ., CONCUR. NOTES [1] See the Florida Contraband Forfeiture Act, sections 932.701 to 932.707, Florida Statutes (1995)....

forfeiture was used in violation of the Act. See § 932.701(2)©, Fla. Stat. (2000). The adversarial preliminary

be traced to a specific narcotics transaction. § 932.701(2)(a)l, Fla. Stat. (2009) (emphasis added). “Generally

used in violation of the Forfeiture Act. § 932.701(2)(f), Fla. Stat. The Forfeiture Act provides

of the Act. Velez, 934 So.2d at 1164 (citing § 932.701(2)®). Upon the timely request of a person entitled

...The Florida Contraband Forfeiture Act defines contraband, in part, as "currency . . . that was used, was attempted to be used, or was intended to be used" in violation of various Florida laws, including the drug laws in chapter 893, Florida Statutes. § 932.701(2)(a)(1). The State has the burden of establishing "probable cause to believe that a nexus exists between the article seized and the narcotics activity, whether or not the use of the contraband article can be traced to a specific narcotics transaction." § 932.701(2)(a)(1)....

...4th DCA 2001). As mentioned above, the Department was not required to connect the currency to a specific narcotics transaction. It was only required to demonstrate probable cause to believe that there was a nexus between the currency and narcotics activity. § 932.701(2)(a)(1)....

...ere exists probable cause to believe that the property was used in violation of the Florida Contraband Forfeiture Act. See State v. Glass, 657 So.2d 934 (Fla. 1st DCA 1995); Lamboy v. Metro-Dade Police Dep't, 575 So.2d 1317, 1319 (Fla. 3d DCA 1991). Section 932.701(2)(a)(5), Florida Statutes (2009) defines a "contraband article" as "any personal property, including ......

...The jurisprudence on possession of such objects and materials applied in colonial times and developed even further in American jurisprudence as each territory entered statehood. Further, the definition of contraband is not limited to only those items which are described in section 932.701(2)(a), Florida Statutes (1999), as being contraband subject to forfeiture....

...The dissent concludes that because the possession of the cigarettes by a minor is a civil infraction and not a criminal offense, the Florida Forfeiture Chapter does not apply and the cigarettes are not subject to forfeiture. With this I agree. However, by the definition contained in section 932.701(2)(a)3, Florida Statutes (1999), the cigarettes are contraband, that is, they were being used in violation of the tobacco laws of the state....

...The majority takes the position that because possession of cigarettes by a child under eighteen is a violation of section 569.11(1), Florida Statutes (1999), the cigarette package in B.W.'s pocket was contraband subject to seizure and forfeiture under section 932.703(1)(a), Florida Statutes (1999). [1] However, section 932.701(2)(a)3., Florida Statutes (1999), which defines contraband articles and replaces any Roman law concepts of contraband, defines tobacco contraband only as articles used or attempted to be used in violation of the laws of the state regulating tobacco....

RAB/tjw 1 See, s. 932.701(1), Fla. Stat. 2 Section 932.701(2)(a)2., Fla. Stat. Cf., s. 849.35(5), Fla

city to represent a municipal purpose). 5 Section 932.701(1), Fla. Stat., provides the title for the

to the Florida Contraband Forfeiture Act, section 932.701-704, Florida Statutes (1981). The sheriff thereafter

322.34(9), Florida Statutes. Relying upon section 932.701(2)(a)(9) for the proposition that an automobile

defense. See Florida Contraband Forfeiture Act, Section 932.701, et seq., Florida Statutes. See also In re

or abetting in the commission of, any felony.” § 932.-701(2)(e). There was evidence presented at the trial

Under the Florida Contraband Forfeiture Act, section 932.701, Florida Statutes, probable cause is established

been or is being used in violation” of law, section 932.701(2)(a) relied on herein, permits the forfeiture

...Because we find the third issue dispositive, we need not address Mr. Floyd's first and second arguments. In July 2008, the Haines City Police Department (HCPD) filed its initial verified complaint for probable cause and for final order of forfeiture, pursuant to the Florida Contraband Forfeiture Act (the Act), §§ 932.701-.706, Fla....

...mptly proceed against the contraband article by filing a complaint in the circuit court within the jurisdiction where the seizure or the offense occurred." § 932.704(4). "`Promptly proceed' means to file the complaint within 45 days after seizure." § 932.701(2)(c)....

...ivation of a property right, its procedural requirements cannot be regarded as immaterial or a matter of mere convenience. We hold that the requirement in section 932.704(4) to "promptly proceed" with a forfeiture action is mandatory, and that under section 932.701(2)(c), "promptly proceed" means what it says: "to file the complaint within 45 days after seizure." Florida Rule of Civil Procedure 1.190(a) provides, in pertinent part, that "[l]eave of court [to amend pleadings] shall be given freel...

See, AGO's 83-30, 83-2, 81-100, and 81-99. Section 932.701, F.S., includes money or currency within the

a vehicle during the 90 day window period section 932.701(1) provides for the initiation of civil forfeiture

Department against the currency pursuant to section 932.701-704, Florida Statutes (1991), the Florida Forfeiture

PER CURIAM. Affirmed. § 932.701(2)(h), Fla. Stat. (1997); City of Fort Lauderdale v. Baruch, 718 So

under the Florida Contraband Forfeiture Act, Section 932.701 et seq., Florida Statutes, (1981), the trial

pickup truck forfeited as contraband under section 932.701, Florida Statutes (1997). We reverse the forfeiture

Florida Statutes, [1981]), is “contraband” under section 932.701(2)(e), Florida Statutes (1981), so as to cause

the manufacture and distribution].... . Section 932.701(2)(a)5. permits forfeiture of: Any personal

controlled substance as defined in chapter 893.” § 932.701(2)(a)(l). Heroin is a controlled substance under

or abetting in the commission of, any felony.” § 932.-701(2)(e), Fla.Stat. (1985). Here, the appel-lee’s

under the Florida Contraband Forfeiture Act, section 932.701-932.-704, Florida Statutes (1989), is an in

...In another bedroom, the police found a small piece of burned steel wool and a razor blade, both bearing cocaine residue. Pursuant to the Florida Contraband Forfeiture Act, the City filed a petition for forfeiture of the money seized during the search. See §§ 932.701-.706, Fla....

...state's burden of establishing probable cause to believe that a nexus exists between the article seized and the narcotics activity, whether or not the use of the contraband article can be traced to a specific narcotics transaction. § 932.701(2)(a)(1). The circuit court found probable cause for the forfeiture....

the definition of a “contraband article” in section' 932.701(2)(e) as “any personal property, including

violation of the Florida Contraband Forfeiture Act.” § 932.701(2)(e), Fla.Stat. (1989). Thus, the FDLE has the

instrumentality in the commission of ... any felony.” § 932.-701(2)(e), Fla.Stat. (1991). The remaining question

...g that the County did not have probable cause as to the contents of the safe deposit box. Whether the facts presented are legally sufficient to support a finding of probable cause pursuant to the Florida Contraband Forfeiture Act, Sections 932.701-932.707, Florida Statutes (2013), is reviewed de novo....

...1st DCA 2001)(holding that Contraband Forfeiture Act requires a “preliminary showing of a basis for belief that the owner knew, or should have known after reasonable inquiry, that the property was being employed or was likely to be employed in criminal activity.”). Section 932.701(2)(a) 1....

jurisdiction where the seizure or offense occurred. Section 932.701(2)(c), Florida Statutes (1997) defines “promptly

explained that cigarettes are contraband under section 932.701(2)(a)3, Florida Statutes (1999), because they

violation of the Florida Contraband Forfeiture Act. § 932.701(2)(a)5., Fla. Stat. (2009) (emphasis added). Appellant

currency was illicitly used within the meaning of section 932.701(2)(e), Florida Statutes (1997). We conclude

commission of this felony, as authorized by" section 932.701(2)(a)(5), Florida Statutes (2002), of the Florida

abetting in the commission of, any felony”. Section 932.-701(2)(e) Florida Statutes (1987). As Judge Zehmer

there was no nexus shown as to this amount. . § 932.701-932.704, Fla.Stat. (1989).

paragraph three (3) above was used in violation of Section 932.701 through 932.-704 of the Florida Statutes (1981)

conceal or possess cocaine. It argues that section 932.701(2)(e), Florida Statutes (1981), specifically

university property and authority to bear arms. 6 Section 932.701(2), F.S., defines "contraband article" to mean:

...ant, v. STATE of Florida, Appellee. No. 2D06-4668. District Court of Appeal of Florida, Second District. June 27, 2008. CANADY, Judge. This postconviction appeal requires us to consider the relationship between the Florida Contraband Forfeiture Act, § 932.701-.707, Fla....

...irst-degree felony. Nor is there any record evidence that Mr. Shuler was on probation when he committed these offenses. Moreover, whether or not the crime for which Mr. Shuler was arrested is a felony is not determinative of whether the Act applies. Section 932.701(2)(a) defines a contraband article as "[a]ny controlled substance as defined in chapter 893 ....

...e procedure for return of unclaimed evidence, § 705.105, by that statute's very terms, which defines "unclaimed evidence" as "any tangible personal property, including cash, not included within the definition of `contraband article,' as provided in s. 932.701(2)." § 705.101(6) (emphasis added)....

...return of unclaimed evidence would preclude Mr. Shuler from recovering the money. See White v. State, 926 So.2d 473, 474 (Fla. 2d DCA 2006). Reversed and remanded for further proceedings. ALTENBERND and SALCINES, JJ., Concur. NOTES [1] In contrast, section 932.701(2)(a)(5) of the Act applies to "personal property, including, but not limited to . . . currency, which was used or was attempted to be used as an in-strumentality in the commission of . . . any felony." However, in Mr. Shuler's case, the more specific subsection, 932.701(2)(a)(1), controls.

Rains, 477 So.2d 1029 (Fla. 2d DCA 1985). 18 Section 932.701(2)(a)2., Fla. Stat. 19 See, In re Forfeiture

Act, §§ 932.-701-932.704, Fla.Stat. (1985). . § 932.701(2)(e), Fla.Stat. (1985). . In re Forfeiture

...e to the State. The State’s assertion that defendant is not entitled to the return of the car as it was an “instrumentality of the crimes” is also unavailing. While the car appears to fall within the definition of “contraband article,” see § 932.701(2)(a)5., Fla....

...but not limited to, any . . . vehicle of any kind . . . , which was used or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, whether or not comprising an element of the felony.” § 932.701(2)(a)5....

to facilitate the commission of a felony. Section 932.701(2)(e). The court below and this appellate court

theft of the burgundy Porsche, pursuant to section 932.701(2)(e), Florida Statutes (1985). While forfeiture

was used during the commission of a felony. See § 932.701(2)(f); Beary v. Bruce, 804 So.2d 579 (Fla. 5th

sale was subject to forfeiture pursuant to section 932.701, et seq., Florida Statutes (1989), and ordered

...Section 932.704, Florida Statutes (2007), entitled "Forfeiture proceedings" provides in part: "(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." Under section 932.701(2)(c), Florida Statutes (2007), the term "Promptly proceed" is defined as follows: "`Promptly proceed' means to file the complaint within 45 days after seizure." Furthermore, in DeGregorio v....

...ivation of a property right, its procedural requirements cannot be regarded as immaterial or a matter of mere convenience. We hold that the requirement in section 932.704(4) to "promptly proceed" with a forfeiture action is mandatory, and that under section 932.701(2)(c), "promptly proceed" means what it says: "to file the complaint within 45 days after seizure." In light of sections 932.704(4) and 932.701(2)(c), and DeGregorio , APD had to file its forfeiture complaint regarding the $21,430.00 in U.S....

41(2)(e), Florida Statutes (1980), renumbered as section 932.701(2)(e), Florida Statutes (1981); Booker v. State

involves the forfeiture of a pickup truck under section 932.701 — 932.-704, Florida Statutes (1981). The sole

1921). 20 Section 705.105(1)(a)4., F.S. 21 Section 932.701(2), F.S., defines a "contraband article" as:

447 So.2d 984 (Fla. 1st DCA 1984). Further, Section 932.701(2) defines “contraband article” and includes

a parcel of Florida property, relying upon section 932.701(2)(f), Florida Statutes (1989), and recorded

complaint within forty-five days of the seizure. See § 932.701(2)(c), Fla. Stat. (2011). The City amended the

...lassified as felonies. Subsection 316.1935(7) provides that “[a]ny motor vehicle involved in a violation of [section 316.1935] is deemed to be contraband, which may be seized by a law enforcement agency and is subject to forfeiture pursuant to ss. 932.701-932.704,” the Florida Contraband Forfeiture Act....

...§ 1Judge Cox was the trial judge who entered orders granting appellee’s motion for summary judgment and denying a motion for rehearing. Subsequent to the entry of those orders, Judge Sasser performed the ministerial task of entering the summary final judgment. 932.701(1), Fla. Stat. (2014). One of the Forfeiture Act’s definitions of a “contraband article” is “[a]ny . . . vehicle of any kind . . . which was used or was attempted to be used as an instrumentality in the commission of . . . any felony.” § 932.701(2)(a)5., Fla....

property was “contraband” under section 932.701(2)(a)2. or section 932.701(2)(a)5. See § 932.702(2), Fla

under the Florida Contraband Forfeiture Act. See § 932.701(2)(e), Fla.Stat. (1989). However, an. exception

three (3) above, was used in violation of Section 932.701 through 932.-704 of the Florida Statutes (1985)

AGENCY SEIZING A MOTOR VEHICLE PURSUANT TO SECTION 932.701, et seq., F.S., NEGOTIATE THE RELEASE OF THE

because he has no interest in the property under section 932.701(2)(h), Florida Statutes (1993), since appellant

“instrumentality” of the offense as required by section 932.701(2)(e). We agree. See In re Forfeiture of One

obtained as a result of a violation of the [FCFA].'” § 932.701(2)(a)6., Fla. Stat. (emphasis added).5 It is a

possession of any contraband article defined in § 932.-701(2)(a)-(d) constitutes a felony, the vessel, motor

article. § 932.702(3), (4), Fla. Stat. (2015). Section 932.701(2)(a) defines a contraband article as:

and was insufficient to establish standing. See § 932.701(2)(e), Fla. Stat. (1997); Jaramillo v. City of

...ANALYSIS Marolf’s primary argument is that the evidence presented at the hearing failed to establish probable cause because the currency does not meet the definition of “contraband article” or “instrumentality” under the Florida Contraband Forfeiture Act, sections 932.701-932.706, Florida Statutes (2014). A....

...sion of, or in aiding or abetting in the commission of, any felony, whether or not comprising an element of the felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act. § 932.701(2)(a)(5), Fla....

...article” under the Florida Contraband Forfeiture Act. That Act created twelve separate categories and definitions of what constitutes a “contraband article.” For 7 our purposes, the relevant provision is subsection 932.701(2)(a)(5.) which, as described earlier, defines as a contraband article any “currency, which was used or was attempted to be used as an instrumentality in the commission of, or in aiding and abetting the commission of, any felony....

...te’s burden of establishing probable cause to believe that a nexus exists between the article seized and the narcotics activity, whether or not the use of the contraband article can be traced to a specific narcotics transaction. §932.701(2)(a)(1.) (emphasis added). As can be seen, the definition of contraband article for narcotics-related offenses is broader, as it includes currency that “was used, was attempted to be used, or was intended to be used” in violation of chapter 893.5 In other words, the 5 This broader definition also exists for forfeiture of certain contraband articles related to violations of gambling laws (see § 932.701(2)(a)(2.), providing for forfeiture of “[a]ny gambling paraphernalia, lottery tickets, money, currency, or other means of exchange which was used, was attempted, or intended to be used in violation of the gambling laws of the state”), and to violations of beverage and tobacco laws (see § 932.701(2)(a)(3.), providing for forfeiture of “[a]ny equipment, liquid or solid, which was being used, is being used, was attempted to 8 definition is not only backward-looking (i.e., to the use of currency involving offenses already committed or attempted) but forward-looking as well (i.e., to the use of currency involving offenses intended to be committed). By contrast, the relevant subsection applicable to Count I of the Complaint (section 932.701(2)(a)(5.)), does not include the forward-looking phrase “was intended to be used.” It is upon this distinction that Marolf bases his argument that the evidence presented at the adversarial preliminary hearing was insufficient, establishing (if anything) that the currency “was intended to be used” for the purchase of stolen goods in the future and therefore is not subject to forfeiture under section 932.701(2)(a)(5.)....

...Marolf contends that since it was not shown that the seized currency “was used or attempted to be used” as the actual means by which an offense was committed or attempted, it is not an “instrumentality” and therefore not a “contraband article” subject to forfeiture under section 932.701(2)(a)(5)....

...COUNT II (CIVIL FORFEITURE FOR VIOLATIONS OF THE FLORIDA RICO ACT) In the instant case, the Complaint did not allege merely that the currency was an “instrumentality” of a crime, nor seek forfeiture based only upon the definition of “contraband article” contained in section 932.701(2)(a)(5)....

893 which prohibits the trafficking of cocaine. § 932.701(2)(a), Fla. Stat. (1985). Bond filed a response

...State, 478 So.2d 347 (Fla. 1985); In re Forfeiture of One 1983 Lincoln, 497 So.2d 1254 (Fla. 4th DCA 1986); and Smith v. Caggiano, 496 So.2d 853 (Fla. 2d DCA 1986). [1] The issue presented is whether Williams' car was subject to forfeiture pursuant to section 932.701(2)(e) of the Florida Statutes (1985)....

...Edgewood, 541 So.2d at 123. *1391 The city of Edgewood argues that the legislature did not intend to impose a "remotely incidental" use limitation on forfeitures in this factual situation pursuant to the contraband forfeiture provisions of sections 932.701-932.704 of the Florida Statutes (1985)....

...In Crenshaw, the majority held that forfeiture was an appropriate penalty where an individual possessed a felony amount of drugs while in the vehicle, and that no further nexus between the criminal act and the vehicle was required in those circumstances. Crenshaw addressed sections 932.701(2)(a)-(d), 932.702(1)-(4), and 932.703 of the Florida Statutes (1985). To the contrary, forfeiture in the instant case was initiated pursuant to section 932.701(2)(e). Section 932.701(2)(e) defines contraband as [a]ny personal property, including ......

...There is no evidence to suggest that Williams had any intention to commit a criminal act when he used his car in this instance. Accordingly, we find that the vehicle cannot be deemed to be an instrumentality in the commission of a felony, nor can we say that it aided or abetted in the commission of a felony as required by section 932.701(2)(e)....

...OVERTON, J., concurs in result only. NOTES [1] We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. [2] Section 932.703(2) of the Florida Statutes (1985), provides in relevant part that [n]o property shall be forfeited under the provisions of ss. 932.701-932.704 if the owner of such property establishes that he neither knew, nor should have known after a reasonable inquiry, that such property was being employed or was likely to be employed in criminal activity.

shall relate back to the date of seizure. Section 932.701(2)(a), Florida Statutes (1983), defines a “contraband

3U16BDE, 803 So.2d 847, 849 (Fla. 4th DCA2002). Section 932.701(2)(a), Florida Statutes (2006), defines contraband

commission of the felony within the meaning of section 932.701(2)(a)5., Florida Statutes (Supp.1992). See

used or is used in violation of s. 932.702. Section 932.701, F.S., provides the title to the act and the

currency. “Contraband article” is defined in Section 932.701(2)(a): (2) As used in ss. 932.701-932.704,

amended by s. 3, Ch. 92-54, Laws of Florida. 5 Section 932.701(2)6.(c), F.S., as amended by s. 1, Ch. 92-54

laws dealing with contraband, pursuant to Section 932.701 through 932.704 of Florida Statutes (1981)

vehicle “was used in violation of the [Act].” § 932.701(2)(f). At the adversarial evidentiary hearing

was entitled to statutory notice pursuant to section 932.701(2)(e), Florida Statutes (2023), and entitled

705.105 and 705.103, Fla. Stat. 20 Id. 21 Section 932.701(2)(a), Fla. Stat., defines "[c]ontraband article"

in a suspected insurance fraud scheme under section 932.701(2)(a)5., Florida Statutes (2022); and second

alleging the Escalade was not contraband under section 932.701, Florida Statutes (2016). The trial court denied

the currency was contraband as defined by section 932.701, et seq. and ordered that it be forfeited;

the house so as to justify forfeiture under section 932.701(2)(e). See City of Clearwater v. One 1980 Porsche

been suspended for a prior DUI conviction. See § 932.701(2)(a)9., Fla. Stat. (2001). Neave filed a motion

or abetting in the commission of, any felony.” § 932.701(2)(e), Fla.Stat. (1985). The term “felony” is

agree. However, by the definition contained in section 932.701(2)(a)3, Florida Statutes (1999), the cigarettes

substances defined in Chapter 893, Florida Statutes. § 932.701(2)(a), Fla.Stat. (1981). It is unlawful to use

been seized as an instrumentality of the crime. § 932.701(2)(e), Fla.Stat. (1987). The set of keys to the

under the Florida Contraband Forfeiture Act (Section 932.701, Florida Statutes (1983)). A rule to show cause

...Real Property was the Florida Contraband Forfeiture Act. We see no distinction. Among other things, the Florida Contraband Forfeiture Act provides that personal property used as an instrumentality in the commission of a felony is a contraband article. § 932.701(2)(a)5., Fla.Stat....

possession of any contraband article defined in § 932.-701-(2)(a)-(d) constitutes a felony, the vessel,