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F.S. 932.701 on Google Scholar

F.S. 932.701 on Casetext

Amendments to 932.701


The 2022 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 932
PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW
View Entire Chapter
F.S. 932.701 Florida Statutes and Case Law
1932.701 Short title; definitions.
(1) Sections 932.701-932.7062 shall be known and may be cited as the “Florida Contraband Forfeiture Act.”
(2) As used in the Florida Contraband Forfeiture Act:
(a) “Contraband article” means:
1. Any controlled substance as defined in chapter 893 or any substance, device, paraphernalia, or currency or other means of exchange that was used, was attempted to be used, or was intended to be used in violation of any provision of chapter 893, if the totality of the facts presented by the state is clearly sufficient to meet the state’s burden of establishing probable cause to believe that a nexus exists between the article seized and the narcotics activity, whether or not the use of the contraband article can be traced to a specific narcotics transaction.
2. Any equipment, gambling device, apparatus, material of gaming, proceeds, substituted proceeds, real or personal property, Internet domain name, gambling paraphernalia, lottery tickets, money, currency, or other means of exchange which was obtained, received, used, attempted to be used, or intended to be used in violation of the gambling laws of the state, including any violation of chapter 24, part II of chapter 285, chapter 546, chapter 550, chapter 551, or chapter 849.
3. Any equipment, liquid or solid, which was being used, is being used, was attempted to be used, or intended to be used in violation of the beverage or tobacco laws of the state.
4. Any motor fuel upon which the motor fuel tax has not been paid as required by law.
5. Any personal property, including, but not limited to, any vessel, aircraft, item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, securities, books, records, research, negotiable instruments, or currency, which was used or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, whether or not comprising an element of the felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act.
6. Any real property, including any right, title, leasehold, or other interest in the whole of any lot or tract of land, which was used, is being used, or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act.
7. Any personal property, including, but not limited to, equipment, money, securities, books, records, research, negotiable instruments, currency, or any vessel, aircraft, item, object, tool, substance, device, weapon, machine, or vehicle of any kind in the possession of or belonging to any person who takes aquaculture products in violation of s. 812.014(2)(c).
8. Any motor vehicle offered for sale in violation of s. 320.28.
9. Any motor vehicle used during the course of committing an offense in violation of s. 322.34(9)(a).
10. Any photograph, film, or other recorded image, including an image recorded on videotape, a compact disc, digital tape, or fixed disk, that is recorded in violation of s. 810.145 and is possessed for the purpose of amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person.
11. Any real property, including any right, title, leasehold, or other interest in the whole of any lot or tract of land, which is acquired by proceeds obtained as a result of Medicaid fraud under s. 409.920 or s. 409.9201; any personal property, including, but not limited to, equipment, money, securities, books, records, research, negotiable instruments, or currency; or any vessel, aircraft, item, object, tool, substance, device, weapon, machine, or vehicle of any kind in the possession of or belonging to any person which is acquired by proceeds obtained as a result of Medicaid fraud under s. 409.920 or s. 409.9201.
12. Any personal property, including, but not limited to, any vehicle, item, object, tool, device, weapon, machine, money, security, book, or record, that is used or attempted to be used as an instrumentality in the commission of, or in aiding and abetting in the commission of, a person’s third or subsequent violation of s. 509.144, whether or not comprising an element of the offense.
(b) “Bona fide lienholder” means the holder of a lien perfected pursuant to applicable law.
(c) “Promptly proceed” means to file the complaint within 45 days after seizure.
(d) “Complaint” is a petition for forfeiture filed in the civil division of the circuit court by the seizing agency requesting the court to issue a judgment of forfeiture.
(e) “Person entitled to notice” means any owner, entity, bona fide lienholder, or person in possession of the property subject to forfeiture when seized, who is known to the seizing agency after a diligent search and inquiry.
(f) “Adversarial preliminary hearing” means a hearing in which the seizing agency is required to establish probable cause that the property subject to forfeiture was used in violation of the Florida Contraband Forfeiture Act.
(g) “Forfeiture proceeding” means a hearing or trial in which the court or jury determines whether the subject property shall be forfeited.
(h) “Claimant” means any party who has proprietary interest in property subject to forfeiture and has standing to challenge such forfeiture, including owners, registered owners, bona fide lienholders, and titleholders.
History.ss. 1, 2, ch. 74-385; s. 1, ch. 80-68; s. 1, ch. 89-148; s. 1, ch. 92-54; s. 1, ch. 95-265; s. 31, ch. 96-247; s. 2, ch. 99-234; s. 69, ch. 99-248; s. 2, ch. 2004-39; s. 15, ch. 2004-344; s. 166, ch. 2008-4; s. 14, ch. 2011-119; s. 1, ch. 2016-179; s. 2, ch. 2018-49; s. 12, ch. 2021-269.
1Note.Section 15, ch. 2011-119, provides that “[t]he amendments made to ss. 509.144 and 932.701, Florida Statutes, and the creation of s. 901.1503, Florida Statutes, by this act do not affect or impede the provisions of s. 790.251, Florida Statutes, or any other protection or right guaranteed by the Second Amendment to the United States Constitution.”
Note.Former s. 943.41.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 932.701 on Google Scholar

F.S. 932.701 on Casetext

Amendments to 932.701


Arrestable Offenses / Crimes under Fla. Stat. 932.701
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 932.701.


Civil Citations / Citable Offenses under S932.701
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 932.701.


Annotations, Discussions, Cases:

  1. 932.701 932.701. Short title; definition of "contraband article". — 932.701 932.704 932.701 932.704 932.702. Unlawful to transport, conceal, or possess contraband articles or to acquire real or personal property with contraband proceeds; use of vessel, motor vehicle, aircraft, or real property. 932.703. Forfeiture of vessel, motor vehicle, aircraft, other personal property, real property, or contraband article; exceptions. — 932.702 932.702 932.701 90.302 932.701 932.701 932.704 932.701 932.704 932.704 932.704. Forfeiture proceedings. — 165.031 932.703
    PAGE 969
  2. Tramel v. Stewart

    697 So. 2d 821 (Fla. 1997)   Cited 31 times
    The Forfeiture Act did not contain a provision for the forfeiture of real property until October 1, 1989. § 932.701, Fla. Stat. (1987). Of relevance here, section 932.701(2)(f), Florida Statutes (1989), was amended effective October 1, 1989,see ch. 89-148, §§ 1-4, Laws of Fla, to include the following definition of "contraband article" in the Forfeiture Act:
    PAGE 823
  3. Marks v. State

    416 So. 2d 872 (Fla. Dist. Ct. App. 1982)   Cited 9 times
    Section 932.701(2)(e) defines a contraband article as:
  4. Gomez v. Village of Pinecrest

    41 So. 3d 180 (Fla. 2010)   Cited 30 times
    The second stage, the forfeiture stage, "is a forfeiture proceeding `in which the court or jury determines whether the subject property shall be forfeited.'" Velez, 934 So.2d at 1164 (quoting § 932.701(2)(g), Fla. Stat. (2002)). The seizing agency must file a complaint for forfeiture within forty-five days after the seizure. §§ 932.701(2), 932.704(4), Fla. Stat. (2008). "At the forfeiture proceeding, the court `shall' order the seized property forfeited to the seizing agency `[u]pon clear and convincing evidence that the contraband article was being used in violation' of the Forfeiture Act." Velez, 934 So.2d at 1164 (citing § 932.704(8), Fla. Stat. (2002)). Moreover, after amendments to the Act in 1995, the Legislature shifted the burden to the seizing agency to establish the owner's actual or constructive knowledge in order to establish a forfeiture. Section 932.703(6)(a) now provides:
    PAGE 185
  5. Florida v. White

    526 U.S. 559 (1999)   Cited 230 times
    The Act defines "contraband" to include any "vehicle of any kind, . . . which was used . . . as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony." § 932.701(2)(a)(5).
    PAGE 565
  6. Velez v. Miami-Dade County Police Dept

    934 So. 2d 1162 (Fla. 2006)   Cited 36 times
    Forfeiture proceedings in Florida are a two-stage process. The first stage is an adversarial preliminary hearing in which the seizing agency is required to establish probable cause that the property subject to forfeiture was used in violation of the Forfeiture Act. § 932.701( 2)(f), Fla. Stat. The Forfeiture Act provides that when personal property is seized, any "person entitled to notice" should receive notice of the right to a preliminary hearing within five days after the seizure and may make a request within fifteen days after receiving notice that the hearing be held. § 932.703(2)(a), Fla. Stat. The Act defines "person entitled to notice" as "any owner, entity, bona fide lienholder, or person in possession of the property subject to forfeiture when seized, who is known to the seizing agency after a diligent search and inquiry." § 932.701( 2)(e), Fla. Stat. The second stage is a forfeiture proceeding "in which the court or jury determines whether the subject property shall be forfeited." § 932.701( 2)(g), Fla. Stat. At the forfeiture proceeding, the court "shall" order the seized property forfeited to the seizing agency "[u]pon clear and convincing…
    PAGE 1164
  7. City of Hollywood v. Mulligan

    934 So. 2d 1238 (Fla. 2006)   Cited 33 times
    § 932.701(2)(a)(5), Fla. Stat. (2002) (emphasis added). When this statutory definition of contraband is placed in the FCFA's policy statement, that statement reads as follows:
    PAGE 1245
  8. The statute further provides "[a]ny motor vehicle used in violation of this section shall constitute contraband which may be seized by a law enforcement agency and shall be subject to forfeiture proceedings pursuant to ss. 932.701 - 932.704." § 319.33(6), Fla. Stat. Even if it could be said that the vehicle did not automatically fall under section 932.701's definition of contraband, it fits within the definition under section 319.33.
    PAGE 1036
  9. Hudson v. City of Sunrise

    237 So. 3d 1031 (Fla. Dist. Ct. App. 2018)   Cited 2 times
    The first stage is an adversarial preliminary hearing in which the seizing agency is required to establish probable cause that the property subject to forfeiture was used in violation of the Forfeiture Act. § 932.701( 2)(f), Fla. Stat. The Forfeiture Act provides that when personal property is seized, any "person entitled to notice" should receive notice of the right to a preliminary hearing within five days after the seizure and may make a request within fifteen days after receiving notice that the hearing be held. § 932.703(2)(a), Fla. Stat. The Act defines "person entitled to notice" as "any owner, entity, bona fide lienholder, or person in possession of the property subject to forfeiture when seized, who is known to the seizing agency after a diligent search and inquiry." § 932.701( 2)(e), Fla. Stat. The second stage is a forfeiture proceeding "in which the court or jury determines whether the subject property shall be forfeited." § 932.701( 2)(g), Fla. Stat. At the forfeiture proceeding, the court "shall" order the seized property forfeited to the seizing agency "[u]pon clear and convincing evidence that the contraband article was being used in…
    PAGE 1034
  10. Brevard Cnty. Sheriff's Office v. Brown

    208 So. 3d 1281 (Fla. Dist. Ct. App. 2017)
    § 932.701(2)(a) 1., Fla. Stat. (2015). Methamphetamine is a controlled substance. See § 893.03(2)(c)4., Fla. Stat. (2015). A pipe containing it is paraphernalia. See § 893.145(12), Fla. Stat. (2015). Both are contraband articles under the FCFA. See § 932.701(2)(a), Fla. Stat. (2015). Because possession of methamphetamine is a felony, any motor vehicle containing the drug is subject to forfeiture. See § 932.703(4), Fla. Stat. (2015).
    PAGE 1284