Strict Construction Of Forfeiture Statutes

49 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Dep't OF LAW Enf't v. Real Prop.
  588 So. 2d 957· Fla.· 1991-08-15 ·cited 281×
  The Florida Supreme Court held that the Florida Contraband Forfeiture Act is facially constitutional but requires adherence to minimum due process protections under the Florida Constitution. The Court established detailed procedural requirements distinguishing between real and pe
• United States v. $38
  816 F.2d 1538· 11th Cir.· 1987-05-18 ·cited 97×
  The court held that the government failed to properly execute process and that its forfeiture complaint lacked the requisite factual particularity, requiring dismissal.
• Butterworth v. Caggiano
  605 So. 2d 56· Fla.· 1992-07-09 ·cited 74×
  Florida's Supreme Court held that homestead property protected by Article X, Section 4 of the Florida Constitution cannot be forfeited under the Florida RICO Act, even when the property was used in criminal activity. The Court rejected a narrow, technical interpretation of the ho
• Velez v. Miami-Dade Cnty. Police Dep't
  934 So. 2d 1162· Fla.· 2006-06-22 ·cited 67×
  The Florida Supreme Court resolved a conflict between district courts regarding who has standing to challenge probable cause at a postseizure adversarial hearing under the Florida Contraband Forfeiture Act. The Court held that a person in mere possession of seized property at the
• Zenaida Gomez v. Vill. OF Pinecrest
  41 So. 3d 180· Fla.· 2010-07-08 ·cited 51×
  The Florida Supreme Court resolved a conflict between district courts by holding that at the seizure stage of a contraband forfeiture proceeding, a seizing agency need only establish probable cause that property was used in violation of the Florida Contraband Forfeiture Act—not t
• Gen. Motors Acceptance Corp. v. State
  152 Fla. 297· Fla.· 1943-01-22 ·cited 45×
  General Motors Acceptance Corporation challenged Florida's vehicle forfeiture statute as applied to an innocent conditional vendor whose automobile was seized and used by the purchaser to transport untaxed liquor. The court held that the forfeiture statute must be strictly constr
• DeGREGORIO v. Balkwill
  853 So. 2d 371· Fla.· 2003-08-21 ·cited 27×
  The Florida Supreme Court holds that the 45-day deadline for filing forfeiture complaints under the Florida Contraband Forfeiture Act is mandatory, not merely directory. The court resolves a conflict between district courts of appeal by adopting the stricter interpretation that f
• Resolute Ins. Co. v. State
  269 So. 2d 770· Fla. 3d DCA· 1972-12-05 ·cited 26×
  Resolute Insurance Company, a surety on a bail bond, appeals a judgment of forfeiture after the principal failed to appear in court. The court reverses the forfeiture, holding that the surety was entitled to the statutory notice requirement before the bond could be forfeited.
• Ferlita v. State
  380 So. 2d 1118· Fla. 2d DCA· 1980-03-05 ·cited 23×
  A circuit court clerk lacks the power to enter a judgment against a surety on a forfeited bail bond without first filing a certified copy of the order of forfeiture, as required by statute.
• Bailey v. State
  282 So. 2d 32· Fla. 1st DCA· 1973-08-16 ·cited 21×
  Bail bondsmen appealed an estreated surety bond judgment, challenging whether they received adequate notice of the defendant's required court appearance. The court held that when a statute requires notice but does not specify the manner, actual notice must be received, and mere m
• In re Forfeiture OF A 1993 Lexus ES 300 v. Karr
  798 So. 2d 8· Fla. 1st DCA· 2001-09-19 ·cited 20×
  The Florida Department of Highway Safety and Motor Vehicles sought forfeiture of a vehicle under the Florida Contraband Forfeiture Act but failed to establish at an adversarial preliminary hearing that the owner knew or should have known the vehicle would be used in criminal acti
• Colon Bernard Mulligan v. City OF Hollywood
  871 So. 2d 249· Fla. 4th DCA· 2003-10-01 ·cited 18×
  The Fourth District Court of Appeal held that the City of Hollywood's vehicle impoundment ordinance for prostitution-related offenses is invalid because it effects a forfeiture that is preempted by Florida's Contraband Forfeiture Act (FCFA) and fails to provide required judicial
• Cochran v. Harris
  654 So. 2d 969· Fla. 4th DCA· 1995-04-19 ·cited 18×
  The court held that the delay in holding a preliminary probable cause hearing constituted a denial of due process under Florida law.
• In re Forfeiture OF ONE (1) 1994 Honda Prelude Brad Webb v. Dep't of Hwy. Safety
  730 So. 2d 334· Fla. 5th DCA· 1999-03-05 ·cited 16×
  The Florida Fifth District Court of Appeal granted a petition for writ of prohibition and ordered the return of a seized Honda Prelude because the Department of Highway Safety failed to timely file a forfeiture complaint within the statutory deadline. The court held that forfeitu
• The City OF ST. Petersburg Beach v. Jewell
  489 So. 2d 78· Fla. 2d DCA· 1986-04-23 ·cited 15×
  The City of St. Petersburg Beach sought forfeiture of a vehicle and currency under Florida's contraband forfeiture statutes after the owner was stopped for traffic violations and found to possess fraudulently obtained identification documents. The appellate court affirmed the tri
• Caivano v. State of Fla. & Collier Cnty.
  331 So. 2d 331· Fla. 2d DCA· 1976-05-05 ·cited 14×
  This case concerns the propriety of a bond estreature and forfeiture after a defendant, released on bond for probation violation, failed to appear for sentencing.
• Town OF Oakland v. Mercer
  851 So. 2d 266· Fla. 5th DCA· 2003-08-01 ·cited 13×
  The Town of Oakland appealed a summary judgment in a forfeiture case involving a truck seized from Michael Mercer. The court affirmed, holding that Mercer had standing as the vehicle's owner and that Oakland's forfeiture complaint was untimely filed, having violated the statutory
• State of Fla. Dep't OF Hwy. & Safety & Motor Vehicles v. Lucien Metiver
  684 So. 2d 204· Fla. 4th DCA· 1996-10-23 ·cited 12×
  The Florida Department of Highway Safety and Motor Vehicles appealed an order granting a motion to dismiss and requiring return of seized cash because the department failed to hold a preliminary adversarial hearing within ten days of the claimant's written request, as required by
• In re Forfeiture of the Following Described Prop.: 1975 Ford: N.C. Tag No. WEX 580 v. Dewitt Marion Brandon, III
  426 So. 2d 44· Fla. 2d DCA· 1982-11-24 ·cited 12×
  The Florida Contraband Forfeiture Act does not authorize forfeiture of a vehicle for an attempted use to transport contraband.
• Am. Mar. Ass'n v. Blumenthal
  590 F.2d 1156· D.C. Cir.· 1978-11-20 ·cited 12×
  The court held that the transport of Alaskan crude oil from Valdez to the Virgin Islands for refining, and the subsequent transport of refined products to the continental United States, does not violate the Jones Act because the Virgin Islands are excluded from U.S. coastwise law
• Chuck v. City OF Homestead Police Dep't & Vill. of Pinecrest
  888 So. 2d 736· Fla. 3d DCA· 2004-12-15 ·cited 11×
  The Florida Third District Court of Appeal en banc held that claimants in civil forfeiture proceedings who file sworn affidavits claiming ownership of seized currency, provide uncontradicted testimony, and never disavow ownership have sufficient standing to proceed at the prelimi
• Fraser v. Dep't of Hwy. Safety & Motor Vehicles
  727 So. 2d 1021· Fla. 4th DCA· 1999-02-17 ·cited 11×
  In this civil forfeiture case, the Fourth District Court of Appeal reversed a trial court's dismissal for lack of standing, holding that while a claimant must prove a bona fide ownership interest in seized currency, the claimant is entitled to an evidentiary hearing to present ev
• Satish B. Patel v. State
  141 So. 3d 1239· Fla. 5th DCA· 2014-06-27 ·cited 10×
  The Florida District Court of Appeal reversed a trial court's order finding probable cause to seize substitute bank accounts and cash under the Florida Contraband Forfeiture Act (FCFA). The court held that section 932.703(5)'s substitute assets provision applies only to the forfe
• In re Forfeiture OF: $221 v. City of Tampa
  106 So. 3d 47· Fla. 2d DCA· 2013-02-01 ·cited 10×
  The court reversed a lower court order denying compensation for loss of value and loss of income when seized currency was found to lack probable cause for seizure under Florida's Contraband Forfeiture Act. The court held that claimants who prevail at the probable cause stage are
• Pheil v. Griffin
  469 So. 2d 942· Fla. 5th DCA· 1985-05-30 ·cited 10×
  The court reversed a trial court order forfeiting a Piper Aztec airplane with altered identification numbers under Florida's Contraband Forfeiture Act. The court held that possession of an aircraft with altered numbers is not subject to forfeiture because the airplane itself was
• Hannifin v. United States
  248 F.2d 173· 9th Cir.· 1957-09-03 ·cited 10×
  The court held that the electronic pointmaker machines, which used numbers on reels rather than insignia, were not gambling devices as defined by the statute because the statute required 'insignia' on drums or reels, not mere numbers.
• S. Am. Fire Ins. Co. v. The State of Fla. for the Use & Benefit of Dade Cnty.
  270 So. 2d 374· Fla. 3d DCA· 1972-12-12 ·cited 9×
  A surety company appeals the denial of its motion to vacate a final judgment of bond forfeiture entered against it when its principal failed to appear in criminal court. The court affirmed the denial, holding that the criminal court lacked jurisdiction to vacate the forfeiture af
• Tyvessel Tyvorus White v. State
  710 So. 2d 949· Fla.· 1998-02-26 ·cited 8×
  The Florida Supreme Court held that warrantless seizure of property under Florida's civil forfeiture statute violates the Fourth Amendment absent exigent circumstances, even when probable cause exists to believe the property was previously used in illegal activity. The Court reve
• Campbell v. Racetrack Bingo, Inc.
  75 So. 3d 321· Fla. 1st DCA· 2011-10-17 ·cited 7×
  Property connected to violations of Florida's gambling laws is not per se subject to forfeiture under the Florida Contraband Forfeiture Act. To meet the statutory definition of contraband, bank accounts must have been actually "used" to carry out gambling violations, which is a f
• Warshaw v. The City OF Miami Firefighters' & Police Officers' Ret. Tr.
  885 So. 2d 892· Fla. 3d DCA· 2004-09-15 ·cited 6×
  Former Miami Police Chief Donald Warshaw appeals a pension forfeiture order based on his federal mail fraud conviction. The court affirmed the forfeiture, holding that Warshaw's misappropriation of public funds transferred to a nominally private entity qualified as embezzlement o
• In re Forfeiture OF Fifty Five Thousand Forty-Five Dollars IN U.S. Currency. Marlo Albury v. City of N. Port
  809 So. 2d 105· Fla. 2d DCA· 2002-03-06 ·cited 6×
  Marlo Albury challenges a civil forfeiture order for $55,045 in currency seized by North Port police. The court reversed the forfeiture judgment, holding that because the appellate court had previously invalidated the initial seizure on Fourth Amendment grounds, the subsequent fo
• Flam v. City OF Miami Beach
  449 So. 2d 367· Fla. 3d DCA· 1984-04-17 ·cited 6×
  Entrapment is a viable defense to a proceeding for the forfeiture of currency under Florida Statutes § 932.701 et seq.
• Alascia v. State
  135 So. 3d 402· Fla. 5th DCA· 2014-02-07 ·cited 4×
  The Fifth District Court of Appeal quashed a probable cause order for seizure of real property under Florida's Contraband Forfeiture Act (FCFA), holding that property purchased with proceeds from illegal gambling operations is not subject to forfeiture under the FCFA because gamb
• Murphy v. Kenneth W. Fortune Sheriff of Jefferson Cnty.
  857 So. 2d 370· Fla. 1st DCA· 2003-10-28 ·cited 4×
  The court held that the Sheriff's Department's failure to hold a timely post-seizure adversarial hearing after the claimant's request violated due process rights, requiring the return of the seized currency.
• Hales v. State
  487 So. 2d 100· Fla. 4th DCA· 1986-04-23 ·cited 4×
  The court held that there was insufficient evidence to support the finding of co-ownership of the tractor truck, which was necessary to impute knowledge of the stolen trailer.
• Zarranz v. United States
  182 F.2d 650· 5th Cir.· 1950-05-29 ·cited 4×
  The court held that the evidence was insufficient to establish that the automobile was about to be unlawfully exported, thus precluding forfeiture under the statute.
• Hudson v. City of Sunrise
  237 So. 3d 1031· Fla. 4th DCA· 2018-02-14 ·cited 2×
  # Legal Brief In *Hudson v. City of Sunrise*, the Fourth District Court of Appeal of Florida reversed the trial court's entry of summary judgment for forfeiture of money because Hudson, who asserted a bona fide claim to the seized funds, was entitled to an evidentiary hearing to
• In re Forfeiture OF: 1992 Pontiac Firebird NO. 1G2FS23T3NL212004. Christopher E. Floyd v. State
  47 So. 3d 344· Fla. 2d DCA· 2010-10-27 ·cited 2×
  Christopher Floyd appeals a final judgment of forfeiture of his 1992 Pontiac Firebird. The court reverses the forfeiture because the trial court improperly allowed amendment of the complaint to allege a different robbery than the one originally specified, after the mandatory 45-d
• Dep't of Hwy. Safety & Motor Vehicles v. Frey
  965 So. 2d 199· Fla. 5th DCA· 2007-08-31 ·cited 1×
  The Florida Department of Highway Safety and Motor Vehicles appealed a trial court's denial of its request for a probable cause finding to forfeit Peggy Frey's car under the Florida Contraband Forfeiture Act following her DUI arrest. The court affirmed the denial, holding that th
• Warren v. Tony
  Fla. 4th DCA· 2025-04-09
  A person in possession of property when it is seized by law enforcement is entitled to statutory notice of forfeiture proceedings and standing to request an adversarial preliminary hearing, regardless of whether a prior action determined the person lacked ownership interest. The
• In re Forfeiture: OF 2006 Nissan Murano v. Latasha Henderson
  125 So. 3d 1023· Fla. 2d DCA· 2013-07-10
  The appellate court reversed the trial court's dismissal of a forfeiture complaint, finding that the trial court erred in relying on Floyd v. State, as the facts of this case differed substantially and the amendment corrected a scrivener's error regarding the seizure date.
• Hernandez v. City OF Miami Beach
  23 So. 3d 163· Fla. 3d DCA· 2009-10-14
  The Third District Court of Appeal reversed a probable cause finding in a forfeiture proceeding, holding that the City of Miami Beach violated the Florida Contraband Forfeiture Act by failing to promptly request an adversarial preliminary hearing within the statutory ten-day dead
• Clark v. Forfeiture OF $21
  912 So. 2d 1257· Fla. 4th DCA· 2005-11-02
  The court held that a claimant's sworn deposition testimony, even if not fully corroborated, can raise sufficient issues of fact to preclude summary judgment in a forfeiture action.
• BEE Line Ent. P'rs v. State
  791 So. 2d 1197· Fla. 5th DCA· 2001-08-17
  The Florida Fifth District Court of Appeal reviewed a temporary injunction and preliminary relief order in a civil RICO action brought by the State against nightclub operators. The court held that while a preliminary injunction was appropriate, it was overly broad and must be mod
• In re Forfeiture OF ONE 1980 Cessna T 207-A
  587 So. 2d 553· Fla. 4th DCA· 1991-10-02
  This case involves an appeal from the forfeiture of an aircraft due to improper FAA registration. The appellate court affirmed the forfeiture, finding that the appellants knowingly violated registration requirements despite multiple notices.
• Cabrera v. Dep't OF Natural Res.
  478 So. 2d 454· Fla. 3d DCA· 1985-11-12
  Raul Cabrera appeals the forfeiture of his 29-foot boat seized by Florida Marine Patrol after discovering its hull identification number had been removed. The court reverses the forfeiture judgment, holding that a vessel is not an "instrumentality" of a crime under the Contraband
• Hoover v. The State of Fla. ex rel. Robert Eagan
  409 So. 2d 123· Fla. 5th DCA· 1982-01-27
  Hoover appeals a forfeiture judgment for $73,500 in currency used to purchase marijuana. The court upholds forfeiture, holding that the Florida Contraband Forfeiture Act explicitly defines currency used in drug violations as contraband subject to seizure and forfeiture.
• The Est. OF David Maltie v. State
  404 So. 2d 384· Fla. 4th DCA· 1981-09-30
  The court held that the estreature and forfeiture of the bond were invalid because the notice provided to the bonding company was both untimely and inadequate under the statute.
• In re Forfeiture OF 1976 Dodge VAN
  46 Fla. Supp. 171· Dade Cty. Cir. Ct.· 1977-12-08
  In this civil forfeiture case, the court denied the state's petition to forfeit a 1976 Dodge Van used in a single drug sale, finding that the strict statutory language for forfeiture should not apply absent evidence of an ongoing drug trafficking operation.