IN RE FORFEITURE OF ONE 1978 HYDROSTE BOAT, SERIAL # HSP548VTM78, REGISTRATION # FL3683CD
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In a forfeiture action involving a seized boat, the court held that the respondent failed to establish laches against the sheriff for the fourteen-month delay in filing a complaint for a rule to show cause, as the respondent did not demonstrate prejudice from the delay. The court also clarified that forfeiture proceedings are civil in nature and respondents claiming an interest in seized property should file responsive pleadings asserting any affirmative defenses.
The court held that laches did not exist because the respondent failed to show or claim that he was prejudiced by the delay. The court therefore did not reach the question of waiver. The court also clarified that respondents in forfeiture actions should file responsive pleadings asserting affirmative defenses in accordance with Florida Rules of Civil Procedure.
[1] Laches requires a showing of prejudice from the delay in filing a complaint.
[2] Forfeiture proceedings are civil in nature and governed by the rules of civil procedure.
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Join FLexlaw to unlock all legal intelligence“forfeiture proceedings are essentially civil in nature and, therefore are governed by the rules of civil procedure.”
Establishes the governing legal framework for forfeiture proceedings and the applicability of civil procedure rules.
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Join FLexlaw to unlock all legal intelligenceThe sheriff seized a 1978 Hydroste boat in connection with drug-related criminal charges. The sheriff did not file his complaint for a rule to show ca…
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LEHAN, Judge.
In this forfeiture case, the respondent contends that the sheriff was guilty of laches in not promptly filing his complaint for a rule to show cause as required by section 932.704, Florida Statutes (1981). The complaint was filed fourteen months after the seizure of the boat and nine months after the resolution of the drug-related criminal charges which resulted from this incident.
The sheriff argues two points regarding respondent’s contention: (1) laches did not exist and (2) respondent did not assert laches as an affirmative defense under Florida Rules of Civil Procedure 1.110(d) and 1.140(h). Since respondent did not file any responsive pleading, the sheriff argues that the affirmative defense of laches was waived.
We agree with the sheriff and the trial court that laches did not exist since respondent did not show (or claim) that he was prejudiced from the delay in filing the complaint. Therefore, we do not reach the second point raised by the sheriff.
The Fourth District Court of Appeal, in a very helpful undertaking to clari fy the murky subject of governmental forfeiture actions, said that “forfeiture proceedings are essentially civil in nature and, therefore are governed by the rules of civil procedure.” In re Forfeiture of Approximately $48,900 in U.S. Currency and Other Personal Property, 432 So. 2d 1382, 1385-86 (Fla. 4th DCA 1983). In that same case the Fourth District also noted that in In re Forfeiture of United States Currency in the Amount of $5,300.00, 429 So. 2d 800 (Fla. 4th DCA 1983), it had said that the rule to show cause issued by the trial court
should require those persons claiming an interest in the property to file a responsive pleading ... [which] should admit or deny or explain the petition’s material allegations and should assert any affirmative defenses, all as provided by Florida Rule of Civil Procedure 1.110(c) and (e).
432 So. 2d at 1384. Accordingly, although we need not rule on the point, it would appear that the preferred, whether or not the required, procedure to be followed in this type of case by one claiming an interest in seized property would be to file a responsive pleading in accordance with rule 1.140, even if not required by the rule to show cause. At least respondents in forfeiture actions should no longer be in a position to contend that they did not have notice to do so.
We find respondent’s remaining contention on appeal to be without merit.
AFFIRMED.
OTT, C.J., and HOBSON, J., concur.
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Citator
Cited By
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ONE 1978 Green Datsun Pickup Truck v. State, 457 So. 2d 1060 (Fla. 2d DCA 1984)…in nature and, therefore ... governed by the rules of civil procedure.” In re Forfeiture of Approximately $48,900 in U.S. Currency and Other Personal Property, 432 So. 2d 1382, 1385-86 (Fla. 4th DCA 1983). See In re Forfeiture of One Hyd-roste Boat, 442 So. 2d 1088 (Fla. 2d DCA 1983) (suggesting that one claiming an interest in seized property should file a responsive pleading in accordance with Florida Rule of Civil Procedure 1.140); In re Forfeiture of United States Currency in the Amount of $5,300, 429 So.…
Authorities Cited
- In re Forfeiture of Approximately Forty-Eight Thousand Nine Hundred Dollars ($48, 432 So. 2d 1382 (Fla. 4th DCA 1983)
- In re the Forfeiture of United States Currency IN the Amount OF Five Thousand Three Hundred Dollars ($5, 429 So. 2d 800 (Fla. 4th DCA 1983)