The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . seizure, and informed him of his right to request an adversarial preliminary hearing pursuant to section 932.703 . . . seizure and may make a request within fifteen days after receiving notice that the hearing be held. § 932.703 . . . After amendments were enacted in 2016, section 932.703(2) became 932.703(3). . . .
. . . . § 932.703(2)(1)). Indiana’s does not. . . . Ann. § 932.703(3)(a). . . . Stat. § 932.703(3)(d) (“...the court shall order the property restrained by the least restrictive means . . .
. . . See § 932.703(2), Fla. Stat. (2015). . . . (f), 932.703(2)(a), Fla. Stat. (2015). . . . . § 932.703(2)(e), Fla. Stat. (2015). . . . See § 932.703(4), Fla. Stat. (2015). . . . Specifically, section 932.703(4) provides: (4) In any incident in which possession of any contraband . . .
. . . See §§ 932.703(2)(a), .704(5)(b). . . . See §§ 932.703(2)(a), .704(5)(b). . . . Section 932.703(4) provides as follows: In any incident in which possession of any contraband article . . .
. . . We note that the legislature recently amended section 932.703(l)(d)(2) of the Act to provide, among other . . .
. . . See § 932.703(2)(a), Fla. . . . has been or is being used in violation of the Florida Contraband Forfeiture Act”) (emphasis added); § 932.703 . . . City of West Palm Beach, 149 So.3d 92, 97 (Fla. 4th DCA 2014) (“Because the section 932.703(2)(c) probable . . .
. . . COUNT I (THE FLORIDA CONTRABAND FORFEITURE ACT) Under section 932.703(l)(a), “[a]ny contraband article . . .
. . . No forfeiture proceedings, as required by the Florida Contraband Forfeiture Act, section 932.703 et seq . . .
. . . As provided by section 932.703(2)(a), Florida Statutes (2013), Sanchez requested the trial court conduct . . . The trial court held a hearing pursuant to section 932.703(2)(c), for the purpose of determining whether . . . While now codified by sections 932.703 and 932.704, Florida Statutes (2013), this two-step approach to . . . With regard to the evidence to be presented at the hearing, section 932.703(2)(c), Florida Statutes ( . . . The wording of section 932.703(2)(c) compels the conclusion that, unlike a Fourth Amendment challenge . . .
. . . Appellants requested an adversarial preliminary hearing pursuant to section 932.703(2)(a), Florida Statutes . . .
. . . See § 932.703(2), Fla. Stat. (2009). . . .
. . . any link between the alleged criminal activity and the subject bank accounts as required by section 932.703 . . . concedes this point, but argues that, independent of the actual use of the subject property, section 932.703 . . . Because we hold that section 932.703(5) does not authorize the seizure of substitute assets prior to . . . See § 932.703(2)(a), Fla. Stat. (2013). . . . The various subsections of section 932.703 specifically distinguish between the two stages. . . .
. . . . §§ 932.703(2)(b), 932.704(4), Fla. Stat. (2013). . . . . § 932.703(2)(c), Fla. Stat. . . .
. . . . § 932.703(l)(a), Fla. Stat. . . .
. . . . §§ 932.701(2)(a), 932.703. . . .
. . . . § 932.703(2)(c), (d). . . .
. . . Under the procedures set out in section 932.703, Florida Statutes, Sheriff Campbell obtained a Forfeiture . . . attempted to be used, or was intended to be used, in violation of the Florida Contraband Forfeiture Act.” § 932.703 . . . section 849.0931 (the bingo statute) was not before the court in the forfeiture proceedings under section 932.703 . . . Section 932.703(l)(a), Florida Statutes, provides for forfeiture only of property “used in violation . . . to the value of any property subject to forfeiture” if any of the property “[cjannot be located.” § 932.703 . . .
. . . forfeiture and denied probable cause to proceed after a preliminary adversary hearing pursuant to section 932.703 . . . Stat. (2009); see also § 932.703(l)(c), Fla. Stat. (2009). . . . known ... that the property was being employed or was likely to be employed in criminal activity.” § 932.703 . . .
. . . The plain language of section 932.703(2)(c), Florida Statutes, mandates, in pertinent part: When an adversarial . . . attempted to be used, or was intended to be used in violation of the Florida Contraband Forfeiture Act. § 932.703 . . .
. . . . § 932.703(1)(a) (1997). . . .
. . . Pursuant to Sec. 932.703(2)(a), this request must be in writing and sent by certified mail, return receipt . . .
. . . Kissimmee Police Dep't, 901 So.2d 420 (Fla. 5th DCA 2005) (holding that the forty-five-day limit in section 932.703 . . .
. . . The Third District framed the issue on appeal as follows: [Wjhether section 932.703(2)(a) of the Act . . . In reaching this conclusion, the Third District reasoned: A careful review of section 932.703 reveals . . . Several subsections of 932.703 specifically distinguish between seizure and forfeiture. . . . See also § 932.703(2)(d), Fla. . . . See also § 932.703(6)(a), Fla. . . .
. . . Carbajal asserted a timely request for an adversarial probable cause hearing pursuant to section 932.703 . . . It is well settled that under section 932.703(l)(a), Florida Statutes (2009), contraband may be forfeited . . . trial court then erred when it concluded that the money seized constituted contraband under section 932.703 . . .
. . . . § 932.703(2)(a). . . . days after the request is received [by the seizing agency] or as soon as practicable thereafter.” § 932.703 . . .
. . . from a non-final order entered following an adversarial preliminary hearing, conducted under section 932.703 . . . may be seized, and that she had the right to demand an adversarial preliminary hearing under section 932.703 . . . The issue that we must decide is whether section 932.703(2)(a) of the Act requires the seizing agency . . . Section 932.703(1)(a) provides that “[a]ny contraband article, vessel, motor vehicle, aircraft, other . . . Subsection (2) pertains to the first state of the proceedings under section 932.703, the seizure stage . . . I believe the First District Court of Appeal correctly interpreted section 932.703(6)(a), Florida Statutes . . . some preliminary showing of such owner knowledge in order to establish probable cause in a section 932.703 . . .
. . . other individuals] or any similar or related criminal or civil charges, they will, pursuant to Section 932.703 . . .
. . . .; § 932.703(2)(c), Fla. Stat. (2007). . . . established, the court must “authorize the seizure or continued seizure of the subject contraband.” § 932.703 . . . inquiry, that the property was being employed or was likely to be employed in criminal activity.” § 932.703 . . . See § 932.703(6)(a), Fla. Stat. (1994). This was commonly known as the “innocent owner” defense. . . . In 1995, section 932.703(6)(a) was amended and the legislature placed the burden of proof on the seizing . . .
. . . See § 932.703(2)(a). . . . determine the existence of a nexus between the currency and the drug offenses for which he was arrested. § 932.703 . . .
. . . Stat. 932.703(2)(a). . . .
. . . See § 932.703(6)(A), Fla. Stat. (2006). We therefore reverse the summary final judgment. . . .
. . . . §§ 932.701(2)(a)5., 932.703(1)(a), Fla. Stat. (2006). . . . subject to seizure may be seized either at the time of the violation or subsequent to the violation. § 932.703 . . .
. . . Contraband Forfeiture Act provides that contraband articles shall be seized and forfeited as follows: 932.703 . . . seized and shall be forfeited subject to the provisions of the Florida Contraband Forfeiture Act. § 932.703 . . .
. . . . § 932.703(2)(a). . . . . § 932.703(2)(c). . . .
. . . . § 932.703(1), Fla. Stat. (2005). . . . . § 932.703(2)(a). . . . . § 932.703(2)(c); see also Dep’t of Law Enforcement v. . . .
. . . . § 932.703(l)(a). . . . . § 932.703(2). . . . . § 932.703(2)(a). . . . hearing to the Department in Tallahassee by regular mail, not certified mail as required by section 932.703 . . .
. . . Fifteen days after the seizure, Velez requested an adversarial preliminary hearing under section 932.703 . . . and therefore had standing to contest the seizure at an adversarial preliminary hearing under section 932.703 . . . seizure and may make a request within fifteen days after receiving notice that the hearing be held. § 932.703 . . . determine whether probable cause exists for the seizure and is authorized to request such a hearing. § 932.703 . . .
. . . in fact, there is at least one reference in Florida Statutes to a “verified affidavit,” in section 932.703 . . .
. . . Section 932.703(3) of the Florida Statutes provides: 932.703. . . . However, if good cause is shown, the court may extend the aforementioned prohibition to 60 days. § 932.703 . . .
. . . See § 932.703(2)(a), Fla. . . .
. . . Gervais, and she responded by requesting an adversarial preliminary hearing pursuant to section 932.703 . . .
. . . November 27, 2001, Chuck sent a request for an adversarial preliminary hearing pursuant to section 932.703 . . . within ten days after the request was received or as soon as practicable thereafter, pursuant to section 932.703 . . . Specifically, only a person entitled to notice under section 932.703(2)(a), Florida Statutes, is entitled . . . See § 932.703(2)(a)(9)(e), Fla. Stat. . . . See § 932.703(2)(c). . . .
. . . On December 27, 2002, Velez requested an adversarial preliminary hearing under section 932.703(2)(a) . . .
. . . , Wheeler conceded that respondents had probable cause to seize her car as contraband under section 932.703 . . .
. . . Under the Forfeiture Act, section 932.703(6)(a), Florida Statutes (2002), property may not be forfeited . . . Section 932.703(6)(b) provides that a bona fide lienholder’s interest that has been perfected in the . . . forfeited without the same “knew or should have known” proof by a preponderance of the evidence. § 932.703 . . . addition, jointly owned vehicles and leased or rented vehicles have protections from forfeiture. § 932.703 . . .
. . . Jefferson County Sheriffs Department seized $30,180.00 from Appellant, Tony Murphy, pursuant to section 932.703 . . . See § 932.703(2)(a), Fla. Stat. . . .
. . . That version of the statute contained, as part of sections 932.703 and 932.704, two provisions which . . . Section 932.703 contained the provision: Neither replevin nor any other action to recover any interest . . . We held that the purpose of section 932.703(1) was “to prevent a claimant from precipitating litigation . . . The revised staff analysis prepared on the 1985 amendment to section 932.703(1) expressly states that . . . Id. § 932.703(1). Id. at 961 (footnotes omitted). . . . Section 932.703 is entitled “Forfeiture of contraband article; exceptions.” . . . The Fifth District concluded that section 932.703(3) allows the trial court to extend the 45-day filing . . . Where the seizing agency fails to file any action at all, section 932.703(3) allows a claimant to file . . .
. . . See § 932.703(2)(a), Fla. . . . Oakland failed to give Mercer notice of the seizure of the truck within the five days provided by section 932.703 . . . seizure of the item sought to be later forfeited which starts the running of the time period in section 932.703 . . . Section 932.703(2)(a), Fla. . . . Stat. (2000). . § 932.703(3), Fla. Stat. (2000). . . .
. . . various procedural bars to Pondel-la’s suit, including the statute of limitations, laches, and sections 932.703 . . .
. . . that her ignorance of the status of Potter’s driver’s license made her an innocent owner under section 932.703 . . . Under section 932.703(6)(a), the department was required to show beyond a preponderance of the evidence . . . Section 932.703(6)(a), Florida Statutes, states: "[Pjroperty may not be forfeited under the Florida Contraband . . .
. . . See § 932.703(2)(c), Florida Statutes (2001). . . . See §§ 932.701(2)(a), 932.703(1), (6), 932.704(8), Fla. Stat. (2001). . . . In such a hearing the issue for consideration is whether there was probable cause for the seizure. § 932.703 . . .
. . . . § 932.703(2)(a)). . . . Stat. § 932.703(2)(a); see also Cochran v. . . . Stat. § 932.703(2)(d). . . . Stat. § 932.703(6)-(7) (spouses, lienholders, lessors, joint owners, and other parties lacking knowledge . . . Stat. § 932.703(d) (providing that, if the court determines that probable cause exists to believe that . . .
. . . forfeiture proceeding within forty-five days after the seizure, as required by sections 932.701(2)(e), 932.703 . . . The only reference in the Act to a consequence of the failure to promptly proceed appears in section 932.703 . . .
. . . Contraband Forfeiture Act”; that Butler requested the preliminary “probable cause” hearing under section 932.703 . . .
. . . The section governing adversarial preliminary hearings, section 932.703(2)(c), Florida Statutes, reads . . . Additionally, section 932.703(2)(c) unambiguously provides that at an adversarial preliminary hearing . . .
. . . See § 932.703(2)(a), Fla. Stat. (2000). . . . See § 932.703(2)(b), Fla. Stat. (2000). . . . Section 932.703(2)(c) sets forth what the trial court should review when making the probable cause determination . . .
. . . Section 932.703(2)(c) provides in relevant part as follows: When an adversarial preliminary hearing is . . . But the Act was amended in 1995 to provide in section 932.703(6)(a) that property may not be forfeited . . . some preliminary showing of such owner knowledge in order to establish probable cause in a section 932.703 . . .
. . . days of receipt of claimant’s request, or as soon as practicable thereafter, as required by section 932.703 . . .
. . . the cigarette package in B.W.’s pocket was contraband subject to seizure and forfeiture under section 932.703 . . . legal product, the cigarette package at issue was not contraband subject to forfeiture under section 932.703 . . . Moreover, under section 932.703(6)(a), Florida Statutes (1999), property may not be forfeited under the . . . Section 932.703(l)(a), Florida Statutes (1999), states in pertinent parL: Any contraband article, vessel . . . Contrary to the dissent, I do not read section 932.703(l)(c) as limiting the seizure of contraband in . . .
. . . sent a notice of forfeiture of the subject vehicle to appellant by certified mail pursuant to section 932.703 . . . must be held within ten days after the request is received or as soon as practicable thereafter. § 932.703 . . . Appellant cites to section 932.703(2)(c), Florida Statutes (1999), which provides that when an adversarial . . . The city’s need to “fast track” the proceeding to meet the ten-day requirement set forth in 932.703(2 . . .
. . . Desilia, standing to participate in the adversarial probable cause hearing held pursuant to section 932.703 . . .
. . . an interest-bearing account during the pendency of the forfeiture proceeding, pursuant to subsection 932.703 . . . See also § 932.703(2)(d), Fla. Stat. (1997). . . .
. . . appellant filed a response in which he asserted ap-pellee had not complied with the requirements of section 932.703 . . .
. . . See 588 So.2d at 965-66; see also § 932.703, Fla. Stat. . . . Section 932.703(2)(a) provides that a request for an adversarial preliminary hearing at which the government . . . Of course, pursuant to Real Property and section 932.703, the probable cause hearing should occur as . . .
. . . determinative issue at trial was whether Bush was entitled to the “innocent owner” defense created by section 932.703 . . . DAUKSCH, J., concurs specially with opinion. . § 932.703, Fla. . . . . § 932.703(6)(a), Fla. Slat. (1997). . See generally, McDonald v. . . .
. . . . § 932.703(6)(b), Fla. Stat. (Supp.1996) (emphasis added).' . . .
. . . See § 932.703, Fla. Stat. (1993). . . .
. . . See § 932.703(2)(a). . . . Stat. § 932.703(l)(a) (1997). . . . that such property has been or is being used in violation of the Florida Contraband Forfeiture Act." §932.703 . . . . §§932.703(1)(c)(d) (1997) (the State acquires rights, interest, and title in contraband articles at . . .
. . . Under section 932.703(2)(a), Florida Statutes (1997), an adversarial preliminary hearing must be requested . . .
. . . She relied upon section 932.703(3), Florida Statutes (1997) which says: (3) Neither replevin nor any . . . complaint within 60 days of the trial court’s order directing it to do so in accordance with section 932.703 . . . Thus, respondent concluded that its complaint was filed within the 60-day period allowed in section 932.703 . . . Admittedly, section 932.703(3) allows the trial court to extend the 45-day filing requirement to 60 days . . .
. . . the state did not file the forfeiture action in a timely manner within 45 days as required by section 932.703 . . .
. . . the police identified fourteen individuals potentially entitled to receive notification under section 932.703 . . . See § 932.703(2)(a), Fla. Stat. (1995). . . . See §§ 932.703(2)(a),(b), 932.704(5)(b). . . .
. . . Section 932.703(l)(a) of Florida’s Contraband Forfeiture Act authorizes the seizure of any “contraband . . . See § 932.703(2)(a), Fla. Stat. (1995). . . .
. . . However, section 932.703, Florida Statutes (1981), which provides for the forfeiture of motor vehicles . . . used to transport, conceal, or facilitate the sale of contraband, in violation of section 932.703, nowhere . . .
. . . Section 932.703 provides that any contraband article may be seized and shall be forfeited and that all . . . preliminary hearing to determine whether probable cause exists to believe the property is contraband. § 932.703 . . .
. . . legal counsel, requested an adversarial preliminary hearing within ten days as prescribed by section 932.703 . . .
. . . . § 932.703, Fla.Stat. (1989). . . .
. . . The trial court effectively conducted an adversarial preliminary hearing, pursuant to section 932.703 . . . Section 932.703(2)(c). . . . disposal, waste, or continued illegal use ... pending disposition of the forfeiture proceeding.” § 932.703 . . . Section 932.703(2)(c) provides: When an adversarial preliminary hearing is held, the court shall review . . .
. . . Section 932.703(2)(a), Florida Statutes, provides in pertinent part: (2)(a) Personal property may be . . . 31 (when the hearing cernid have occurred if claimants had been ready) does not comply with section 932.703 . . .
. . . 89 Firearms, 465 U.S. 354, 104 S.Ct. 1099, 79 L.Ed.2d 361 (1984), a forfeiture pursuant to section 932.703 . . .
. . . As contemplated by the Forfeiture Act, section 932.703, Florida Statutes (1993), no prior court order . . . that such property has been or is being used in violation of the Florida Contraband Forfeiture Act. § 932.703 . . . At the hearing, the court must determine whether probable cause existed for the seizure. § 932.703(2) . . . being used, was attempted to be used, or was intended to be used” in violation of the Forfeiture Act. § 932.703 . . .
. . . See § 932.703(6)(a), Fla. Stat. (1993). Reversed. FRANK and FULMER, JJ., concur. . . .
. . . . §§ 932.701(2)(f) and 932.703, Fla.Stat. (1993). This, the court did. . . . Section 932.703(2)(c), addressing the subject of the adversarial preliminary hearing, provides: [TJhe . . . Thereafter, section 932.703(3), quoted above, limits actions for replevin of “such property.” . . . for which the court has ordered seizure or continued seizure under section 932.703(2)(c). . . . Moreover, we consider that the last sentence of section 932.703(2)(c) implicitly authorized the trial . . .
. . . Section 932.703(2)(a), Fla.Stat. (1992). . . . 31 (when the hearing could have occurred if claimants had been ready) does not comply with section 932.703 . . . Realty cannot be seized, except for the filing of a lis pendens, until after a preliminary hearing. § 932.703 . . .
. . . Paragraph 932.704(6)(b) specifies the contents of the notice, contains a cross-reference to paragraph 932.703 . . .
. . . reasonable inquiry, that such property was employed or was likely to be employed in criminal activity, § 932.703 . . . Although section 932.703(2) provides an innocent-owner exception for property owned jointly by husbands . . .
. . . recognize, of course, that parties such as bona fide lien holders also have standing based on section 932.703 . . .
. . . Section 932.703(2), Florida Statutes, provides that “[n]o property shall be forfeited under [this statute . . . title certificate, we find as a matter of law that she was the “owner” herein for purposes of section 932.703 . . . finding that Yanula Cobbs was not the “owner” of the subject vehicle, within the meaning of section 932.703 . . . vehicle for criminal purposes, the final judgment of forfeiture herein was improperly entered, section 932.703 . . .
. . . . § 932.703, Fla.Stat. (1991). . The seizure of the second vehicle is not challenged. . . .
. . . forfeiture of the interest of the person involved in criminal activity, but we agree that subsection 932.703 . . .
. . . It provides, in pertinent part: A., in Florida Statute Section 932.703(1) (1989) that, All rights and . . . (Emphasis added) B., in Florida Statute Section 932.703(3) (1989) that, (3) No bona fide lienholder’s . . . We note that section 932.703(3) specifically applies to “bona fide” lienholders. . . .
. . . The parties do not dispute that section 932.703, Florida Statutes (1989), applies in this case. . . . Section 932.703(1) authorizes forfeiture of vehicles used to transport, conceal, or possess contraband . . . Section 932.703(2) provides an exception to the forfeiture statute “if the owner of such property establishes . . .
. . . Section 932.703(1), Florida Statutes (1989), provides for forfeiture of any personal property “which . . .
. . . A petition for forfeiture of the aircraft was timely filed pursuant to sections 330.40 and 932.703(1) . . .
. . . Although section 932.703, Florida Statutes (1989) only permits forfeiture of property “which has been . . .
. . . Section 932.703(1), Florida Statutes (1989) governs the procedure for civil forfeiture actions and provides . . . . 4th DCA 1986), an order granting replevin of the defendant’s boat was reversed because “[sjection 932.703 . . . SHARP, JJ., concur. . § 932.703, Fla.Stat. (1989). . . .
. . . .” § 932.703(1), Fla. Stat. (1989). . . . Id. § 932.703(1). . . . Id. § 932.703(2). . . . Id. § 932.703(3). . . . organization, provided such property is not subject to a lien preserved by the court as provided in s. 932.703 . . .
. . . As the City correctly contends, pursuant to section 932.703(1), Florida Statute (1989), the trial court . . . Section 932.703(1), Florida Statute (1989), provides in pertinent part: All rights and interest in and . . . Section 932.703(1), Fla.Stat. (1989). See also Lamar v. . . .
. . . The trial court ruled that section 932.703(2), Florida Statutes (1989), violates due process and equal . . . We agree with the State that section 932.703(2), Florida Statutes (1989), does not violate either the . . . Section 932.703, Florida Statutes, provides, in part, as follows: (2) No property shall be forfeited . . .
. . . Further, section 932.703(2) provides: No property shall be forfeited under the provisions of ss. 932.701 . . .