Category: FL-Specific Laws · Statute: F.S. 932.701 · Source: Florida Legislature
Understanding Civil Asset Forfeiture in Florida
In Florida, civil asset forfeiture is a legal process governed by the Florida Contraband Forfeiture Act (Florida Statutes sections 932.701 through 932.706). Under this law, law enforcement agencies can seize property—such as cash, vehicles, vessels, or real estate—if they allege it was used as an instrument in the commission of a felony or acquired using the proceeds of criminal activity. Because the lawsuit is filed directly against the property itself rather than the owner, a person does not need to be convicted of a crime for the state to initiate forfeiture proceedings, though Florida law generally requires an arrest to be made in connection with the seizure.
To permanently keep the seized property, the government must prove by "clear and convincing evidence" that the asset is contraband linked to illicit activity. This standard of proof is higher than the "preponderance of the evidence" standard used in most civil cases, but lower than the "beyond a reasonable doubt" standard required for criminal convictions. Property owners have the right to a jury trial to contest the forfeiture, and the law provides an "innocent owner" defense for individuals who can prove they did not know, or had no reason to know, that their property was being used for illegal purposes.
How Civil Forfeiture Impacts Pretrial Release
Civil asset forfeiture can severely disrupt a defendant's ability to secure pretrial release. When law enforcement seizes a defendant's cash, bank accounts, or vehicles, it immediately depletes the financial resources they would otherwise use to pay a bail bondsman's premium or post a cash bond. Furthermore, under Florida law, if a defendant attempts to use remaining assets or third-party funds to secure a bail bond, the prosecution may request a Nebbia hearing. During this hearing, the defendant must prove that the funds used for bail come from legitimate, non-criminal sources, creating an additional legal hurdle before release can be authorized.
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