Category: FL-Specific Laws · Statute: F.S. 932.701 · Source: Florida Legislature
Understanding Asset Forfeiture in Florida
In Florida, asset forfeiture is the legal process through which law enforcement agencies seize and permanently take ownership of property, cash, vehicles, or real estate believed to be linked to criminal activity. Governed by the Florida Contraband Forfeiture Act under Florida Statutes Section 932.701, this process distinguishes between property used to facilitate a crime (such as a vehicle used to transport illegal drugs) and property acquired as the proceeds of criminal behavior (such as cash from illicit sales). While criminal forfeiture occurs as part of a defendant's sentencing after a conviction, civil forfeiture targets the property itself through an independent civil lawsuit.
To protect property owners, Florida enacted significant reforms in 2016. Under the current law, law enforcement generally cannot initiate a civil forfeiture action unless the property owner is actively arrested for an offense associated with the seized property, or if the seizure fits narrow exceptions, such as the owner fleeing prosecution or deceased status. The seizing agency must establish probable cause at an adversarial preliminary hearing shortly after the seizure, and ultimately prove by clear and convincing evidence that the property was instrumentally connected to a felony-level violation of Florida law.
How Asset Forfeiture Impacts Florida Bail
Asset forfeiture can severely complicate a defendant's ability to secure pretrial release. When law enforcement seizes cash, bank accounts, or vehicles, the defendant is often stripped of the liquid assets needed to pay a cash bail or cover a bail bondsman's non-refundable premium. Furthermore, under Florida law, if a defendant attempts to use remaining assets or third-party funds to secure a bond, the state may file a Nebbia motion. This requires the defendant to prove in a Nebbia hearing that the collateral and funds used for bail originate from legitimate, lawful sources rather than the criminal enterprise under investigation.