Civil Asset Forfeiture in Florida: Seizure, Defenses, Deadlines

Civil asset forfeiture in Florida is the legal process that lets law enforcement seize property connected to a crime and, through a separate civil case filed against the property itself, keep it permanently. The case is governed by the Florida Contraband Forfeiture Act, Sections 932.701–932.7062. State law generally requires an arrest before property can be taken, and both the agency and the owner face strict deadlines once a seizure happens. Miss one on the owner’s side and the right to fight back can disappear.

When Police Can Seize Your Property

Florida sets a higher bar than many states at the front end. As a general rule, property can only be seized if the owner is arrested for the criminal offense that forms the basis of the forfeiture claim.¹ The arrest-first requirement came in with a 2016 reform and limits seizures from people who are never charged.

The statute lists five situations where seizure can still happen without arresting the owner:

The owner cannot be found after a diligent search, or the person holding the property denies ownership and the true owner cannot be identified at the time of seizure.
The owner is a fugitive from justice or has died.
Someone other than the owner is arrested for the underlying crime, and the owner had actual knowledge of the criminal activity.
The owner agrees to serve as a confidential informant. The agency is not allowed to use the threat of seizure to pressure someone into that arrangement.
The property is a monetary instrument: cash, traveler’s checks, money orders, prepaid cards, precious metals, or similar items.

The last exception matters most in everyday practice. It is why cash can still be taken during a traffic stop even when nobody at the scene is arrested.¹

What Property Is At Risk

The definition of a “contraband article” is wide. It covers controlled substances and anything used or intended for use in a drug offense, personal property such as vehicles, boats, aircraft, weapons, electronics, cash, and securities used or attempted to be used in committing any felony, real property connected to a felony or purchased with criminal proceeds, any property acquired through proceeds of a violation of the Act, and equipment or currency tied to Florida gambling offenses.

At the seizure stage, the agency needs probable cause: a reasonable belief that the property was involved in a violation of the Act. For drug-related items, the agency must show a link between the item and narcotics activity, but that link does not need to trace to a specific transaction.²

What Happens in the First Days After Seizure

Two clocks start running for the agency the moment property is taken.

Within five working days, the seizing agency must mail written notice to all known interested parties, including owners and lienholders, by certified mail. That notice must tell the recipient about the right to request an adversarial preliminary hearing.¹

Within 10 business days, the agency must apply to a court for an order determining whether probable cause exists, supported by a sworn affidavit. If the court finds that the arrest requirement was not met or that probable cause is missing, any forfeiture hold or lien on the property must be released within five days.¹ The 10-day filing is a real check. If the agency misses it, the case can end before it starts.

How to Challenge a Seizure

Once you receive the notice, you have 15 days to request an adversarial preliminary hearing. The request has to be in writing and sent by certified mail, return receipt requested, to the seizing agency.¹ Missing the deadline does not automatically forfeit the property, but it gives up the chance to test probable cause at this early stage.

At the hearing itself, the court looks at the sworn affidavit and any supporting evidence to decide whether probable cause exists to believe the property was involved in a violation of the Act. You can present evidence and cross-examine witnesses. If probable cause is not established, the property must be returned. If it is, the case moves toward a full judicial forfeiture proceeding.

The Judicial Forfeiture Case

To keep the property, the agency has to file a civil complaint in circuit court. Filing is expensive for the government: a filing fee of at least $1,000 and a $1,500 bond deposited with the clerk. That bond becomes payable to the owner if the owner wins the case or any appeal, unless both sides agree otherwise in writing.³

There is an important backstop. If the agency has not initiated forfeiture proceedings within 45 days of the seizure, the owner gains the right to file an action to recover the property. A court can extend that window to 60 days if the agency shows good cause.¹

After the complaint is filed and served, a claimant has 20 days to file responsive pleadings and assert any affirmative defenses.³

Burden of Proof

The agency has to prove that the owner knew, or should have known after a reasonable inquiry, that the property was being used in criminal activity. The standard is preponderance of the evidence, meaning more likely than not. If the agency cannot meet that standard, the property cannot be forfeited regardless of what happens in the underlying criminal case.¹

Innocent Owner Protections

The statute shields several categories of owners whose property gets swept up in someone else’s conduct.

Spouses who jointly hold title are protected unless the agency proves by a preponderance of the evidence that the co-owning spouse knew or had reason to know about the criminal activity.
A perfected security interest cannot be forfeited unless the agency proves the lienholder had actual knowledge, at the time the lien was created, that the property would be used in criminal activity. If the lien survives, the court preserves it and orders payment.
A vehicle rented or leased from a company in the business of renting vehicles cannot be forfeited, and no penalties beyond reasonable towing and storage charges can be imposed on the company, unless the agency proves the renter had actual knowledge of the criminal use.
Any joint owner’s interest survives unless the agency proves that particular co-owner knew or had reason to know about the criminal activity.

Lienholders and rental companies get a stronger shield (“actual knowledge”) than ordinary co-owners (“knew or should have known”), because they are not typically in a position to monitor how the property is used day to day.¹

Settling the Case

Not every case has to be tried. The owner and the agency can settle at any point, even before the civil complaint is filed. Any settlement must be personally approved by the head of the seizing agency.¹

The agreement also has to be reviewed by the court, a mediator, or an arbitrator that both sides agree on, unless the owner waives that review in writing. If the owner is not represented by an attorney, the agreement must include a provision confirming that the owner agreed to settle voluntarily without legal counsel.³

Key Deadlines at a Glance

Forfeiture cases turn on dates. Miss one and the outcome can change entirely.

Five working days after seizure: the agency must mail written notice to all known interested parties by certified mail.
10 business days after seizure: the agency must apply to the court for a probable cause determination, supported by a sworn affidavit.
15 days after receiving notice: the owner must request an adversarial preliminary hearing in writing, by certified mail, to challenge probable cause early.
20 days after receiving the complaint: the claimant must file responsive pleadings and affirmative defenses.
45 days after seizure: if the agency has not initiated forfeiture proceedings, the owner can file an action to recover the property. A court may extend this to 60 days for good cause.

The agency’s 10-business-day and 45-day deadlines are the strongest leverage points on the owner’s side. If either window is missed, recovering the property becomes significantly easier.¹

1
Justia Law. Florida Statutes 932.703 – Forfeiture of Contraband Article; Exceptions
2
Florida Senate. Florida Statutes 932.701 – Short Title; Definitions
3
Florida Senate. Florida Statutes 932.704 – Forfeiture Proceedings