Category: Defenses · Statute: F.S. 932.703(6)(a) · Source: Florida Legislature
Understanding Innocent Owner Defense (Forfeiture) in Florida
Under the Florida Contraband Forfeiture Act, specifically Section 932.703 of the Florida Statutes, law enforcement agencies can seize property—such as vehicles, cash, or real estate—alleged to have been used in connection with criminal activity. However, a property owner who was not involved in the underlying crime can reclaim their property by asserting the "innocent owner" defense. To succeed, the owner must establish that they did not know, nor should they have reasonably known, that the property was being used or was likely to be used in a crime, or that they did not consent to the illegal activity.
This defense often arises when a person lends their car to a friend or relative who is subsequently arrested for a drug offense or fleeing law enforcement. Because civil asset forfeiture is a civil proceeding separate from the criminal case, the burden of proof rests on the claimant. Under Florida law, the property owner must prove their lack of knowledge or consent by a preponderance of the evidence, which means showing it is more likely than not that they had no involvement in or awareness of the illicit activity.
How Forfeiture Defenses Impact Bail and Pretrial Release
While civil forfeiture is technically separate from criminal prosecution, asserting an innocent owner defense can indirectly influence pretrial release. If a third party, such as a family member, has their vehicle or funds seized during a co-defendant's arrest, resolving the property claim quickly can preserve the assets needed to secure a bail bond. Furthermore, demonstrating to the court that the defendant did not actually own or control the seized assets can help establish a lack of financial resources, which judges consider when setting a reasonable bail amount.