The 2023 Florida Statutes (including Special Session C)
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. . . by a law enforcement agency and shall be subject to forfeiture proceedings pursuant to ss. 932.701 - 932.704 . . .
. . . See § 932.704(5)(b), Fla. Stat. (2016) ; see also Sanchez v. . . . determine whether there was probable cause for the seizure.' " (alteration in original) (quoting § 932.704 . . . convincing evidence that the contraband article was being used in violation" of the Forfeiture Act. § 932.704 . . . The person contesting the forfeiture in the second stage is identified in section 932.704 as a "claimant . . . Pursuant to the 2016 amendments to section 932.704(8), the clear and convincing standard was changed . . .
. . . See § 932.704(5)(a). . . . See § 932.704(5)(b). No adversarial hearing was requested. . . . Forfeiture Act.” § 932.704(8); see also Gomez, 41 So.3d at 184. . . . reinstate the complaint, enter a finding of probable cause to support the seizure in accord with section 932.704 . . .
. . . (10), not section 932.704(9). . . . (10) to its interpretation of section 932.704(9). . . . However, to the extent that the Fifth District in Cox interpreted sections 932.704(9)(b) and 932.704( . . . Sections 932.704(9) and 932.704(10) use different language to describe when a claimant may recover damages . . . Attorney’s Fees and Costs under Section 932.704(10) Mr. . . .
. . . providing for attorney’s fees within the Public Records Act without using “good faith” language), with § 932.704 . . .
. . . which may be seized by a law enforcement agency and is subject to forfeiture pursuant to ss. 932.701-932.704 . . . See § 932.704(4), Fla. Stat. (2014). . . .
. . . otherwise included in paragraph (a), may be seized and is subject to forfeiture pursuant to ss. 932.701-932.704 . . .
. . . He also moved for an award of attorneys’ fees under both section 932.704(10) and section 57.105, of the . . . Cherokee, 898 So.2d 223, 224-25 (Fla. 2d DCA 2005) (addressing a claim for attorney’s fees under section 932.704 . . . However, we leave it to the court below to determine whether to award fees under section 932.704(10) . . . Section 932.704(10) provides: (10) The court shall award reasonable attorney's fees and costs, up to . . . any party from electing to seek attorney’s fees and costs under chapter 57 or other applicable law. § 932.704 . . .
. . . See § 932.704(1), Fla. Stat. (2008) (emphasis added). . . .
. . . That forfeiture proceedings pursuant to section 932.704, Florida Statutes, had not and would not be followed . . .
. . . While now codified by sections 932.703 and 932.704, Florida Statutes (2013), this two-step approach to . . . within 90 days of the seizure or by the claimant in an action to recover the property. § 932.703(1), 932.704 . . .
. . . . § 932.704(10), Fla. Stat. (2013). . . . prejudice Appellants’ motion as it pertains to damages, for Appellants to seek damages pursuant to section 932.704 . . .
. . . See § 932.704(8), Fla. Stat. . . .
. . . .; see also §§ 932.701(2)(g) and 932.704, Fla. Stat. (2013). . . .
. . . . §§ 932.703(2)(b), 932.704(4), Fla. Stat. (2013). . . . determines that probable cause exists, a jury trial will be held on the ultimate issue of forfeiture. § 932.704 . . .
. . . We hold that the requirement in section 932.704(4) to “promptly proceed” with a forfeiture action is . . .
. . . trial court’s order, we need not consider whether a settlement was reached that complies with section 932.704 . . . See id. § 932.704(7) ("When the claimant and the seizing law enforcement agency agree to settle the forfeiture . . .
. . . . § 932.704(4)(b). . . . If so, the property is forfeited. § 932.704(8). . . . The specific statute at issue here, section 932.704(9), provides in subsection (a) that “[w]hen the claimant . . . Id. at 414 (citing § 932.704(9)(b)). . . . We reverse the order denying the motion to determine damages under section 932.704(9)(b), and we remand . . .
. . . the City filed a verified complaint for final order of forfeiture pursuant to sections 932.701 and 932.704 . . . 11, 2009, the claimant filed a motion for damages, attorney’s fees, and costs pursuant to subsection 932.704 . . . The trial court denied the motion for fees under section 932.704, and Berrio did not appeal that denial . . .
. . . articles for criminal purposes while protecting the proprietary interests of innocent owners .... ” § 932.704 . . .
. . . Section 932.704, entitled “Forfeiture proceedings,” provides in part: “The seizing agency shall promptly . . . complaint in the circuit court within the jurisdiction where the seizure or the offense occurred.” § 932.704 . . . We hold that the requirement in section 932.704(4) to “promptly proceed” with a forfeiture action is . . .
. . . because the seizing agency failed to file a timely forfeiture complaint in accordance with section 932.704 . . . The Court has jurisdiction pursuant to Florida Statute 932.704, as the crimes committed and property . . . Section 932.704, Florida Statutes (2007), entitled “Forfeiture proceedings” provides in part: “(4) The . . . We hold that the requirement in section 932.704(4) to “promptly proceed” with a forfeiture action is . . . In light of sections 932.704(4) and 932.701(2)(c), and DeGregorio, APD had to file its forfeiture complaint . . .
. . . . §§ 932.701(2), 932.704(4), Fla. Stat. (2008). . . . Velez, 934 So.2d at 1164 (citing § 932.704(8), Fla. Stat. (2002)). . . . Section 932.704(9)(b) provides: The trial court shall require the seizing agency to pay to the claimant . . . party from electing to seek attorney’s fees and costs under chapter 57 or other applicable law. ‘ § 932.704 . . .
. . . Together, the two stages constitute a “Forfeiture proceeding” as described in section 932.704 of the . . . Village of Pinecrest (“Pine-crest”), as the seizing agency, notified Gomez that, pursuant to section 932.704 . . . Section 932.704(9)(b) provides, in pertinent part: The trial court shall require the seizing agency to . . .
. . . . § 932.704(9)(a). . . . Stat. § 932.704(9)(b). Burger, 482 U.S. at 705-06, 107 S.Ct. 2636. . . .
. . . issue an order finding probable cause to proceed with the forfeiture proceeding pursuant to section 932.704 . . .
. . . See § 932.704(4), Fla. Stat. (2005). . . . probable cause is established, the property is held until a trial on the ultimate issue of forfeiture. § 932.704 . . .
. . . .” § 932.704(5)(b). . . .
. . . It based this holding upon the language of the FCFA’s policy statement as found in section 932.704, Florida . . . We examine this holding by looking at the history and language of the FCFA, in particular section 932.704 . . . The FCFA was later renumbered to sections 932.701-.704; and, in 1992, section 932.704 was amended to . . . Relying on this policy statement in section 932.704, the Fourth District held that the City’s ordinance . . . Specifically, the Fourth District reasoned that because section 932.704 provides that law enforcement . . .
. . . . § 932.704(8), Fla. Stat. (2002). . . . The person contesting the forfeiture in the second stage is identified in section 932.704 as a “claimant . . .
. . . Clark from a forfeiture action under the Florida Contraband Forfeiture Act (“Act”), sections 932.701-932.704 . . .
. . . awarded costs and attorney fees to Langworthy’s counsel, together with damages pursuant to section 932.704 . . . Five months later, Langworthy filed a motion for damages and fees, pursuant to section 932.704. . . . See § 932.704(2), Fla. Stat.; Gervais v. City of Melbourne, 890 So.2d 412, 413 (Fla. 5th DCA 2004). . . . City of Melbourne, 890 So.2d 412 (Fla. 5th DCA 2004). . § 932.704(10), Fla. Stat. (2001). . . . . Stat. . § 932.704(10), Fla. Stat. . . . .
. . . See also § 932.704(1), Fla. Stat. (2004) providing that: ... . . .
. . . complaint, asserting, among other things, a claim for attorney’s fees pursuant to sections 57.105 and 932.704 . . . Allen filed a motion for determination of entitlement to attorney’s fees under sections 932.704 and 57.105 . . . In its order denying fees, the trial court stated that section 932.704(10) permits a court to award reasonable . . . 57.105, we decline to reach the issue as to whether she would also be entitled to fees under section 932.704 . . .
. . . Section 932.704(2), Florida Statutes (2004), indicates that “all civil forfeiture cases shall be heard . . . Section 932.704(9), Florida Statutes (2004), specifically provides for monetary relief, including attorney . . .
. . . Furthermore, section 932.704(1) of the Florida Contraband Forfeiture Act provides in pertinent part, . . . issue Of forfeiture shall be decided by a jury, unless such right is waived' by the claimant....” § 932.704 . . .
. . . & HIGHWAY SAFETY, costs of this action, and attorney’s fees, pursuant to Section 57.105 and Section 932.704 . . . He asserts that the counterclaim was compulsory under section 932.704(9), Florida Statutes (2001). . . . The right to damages in a case involving wrongful forfeiture is controlled by section 932.704, Florida . . . Nonetheless, at least some of Cox’s remaining claims do appear to be authorized by section 932.704(9) . . . In any event, our Pondella Hall for Hire case clarified the status of a section 932.704 claim. . . .
. . . See § 932.704(1), Fla. Stat. (2002). . . . According to section 932.704(1) of the Forfeiture Act, It is the policy of this state that law enforcement . . . agree with the Fourth District in Mulligan that the ordinance conflicts with Forfeiture Act, section 932.704 . . .
. . . In this count, Pondella alleged that “Section 932.704, Fla. . . . Section 932.704(9)(b), Florida Statutes (1993) provided for the following damages: (b) When the claimant . . . attributed to the continued seizure of income-producing property during the trial or appellate process. § 932.704 . . . The amendments to section 932.704(9)(b) were enacted in Chapter 95-265, Laws of Florida, which stated . . . Under this standard, the amendments to section 932.704(9)(b) were substantive because they expanded the . . .
. . . .” § 932.704(1), Fla. Stat. (2002). . . . criminal purposes while protecting the proprietary interests of innocent owners and lienholders.... ” § 932.704 . . . Apart from a preemption of the forfeiture area, we also note the ordinance conflicts with FCFA section 932.704 . . .
. . . That version of the statute contained, as part of sections 932.703 and 932.704, two provisions which . . . a criminal charge arising in connection with the seizure or a forfeiture action pursuant to section 932.704 . . . seized property subject to forfeiture under the Florida Contraband Forfeiture Act, sections 932.701-932.704 . . . in addressing these concerns, later held that due process was satisfied by the language in section 932.704 . . . Id. § 932.704(1). . . . determine the effect of the deadlines for filing forfeiture complaints that sections 932.701(2)(c) and 932.704 . . . Section 932.704(4) provides: “The seizing agency shall promptly proceed against the contraband article . . . Section 932.704(4) plainly states that the seizing agency “shall promptly proceed against the contraband . . . We hold that the requirement in section 932.704(4) to “promptly proceed” with a forfeiture action is . . . things, the changes added the current definition of “promptly proceed” as the term is used in section 932.704 . . .
. . . Section 932.704(4), Florida Statutes (2001), requires a seizing agency to “promptly proceed” with a civil . . . While section 932.704(4) requires the seizing agency to “promptly proceed” against the seized property . . . conclude that because the Legislature has not specified a consequence for noncomplianee with section 932.704 . . . It also follows that pursuant to section 932.704(4), Oakland’s complaint to forfeit the truck, filed . . . Section 932.704(4) requires a seizing agency to “promptly proceed” by filing a complaint in order to . . .
. . . Appellants filed a Motion for Judgment for Damages against the Sheriff pursuant to section 932.704(9) . . . Karrh, 423 So.2d 963 (Fla. 4th DCA 1982); § 932.704(2), Fla. . . . We reject appellants’ argument that section 932.704(9) of the forfeiture act,- requiring the seizing . . . Appellants also argue that the final sentence of section 932.704(10) should be interpreted to include . . . We interpret this part of section 932.704(10) to apply to collateral actions brought as a result of the . . .
. . . .” § 932.704(3), Fla. Stat. (2001). . . . See §§ 932.701(2)(a), 932.703(1), (6), 932.704(8), Fla. Stat. (2001). . . . A forfeiture case proceeds in accordance with the Florida Rules of Civil Procedure. § 932.704(2), Fla . . .
. . . . § 932.704(1) ("It is the policy of this state that law enforcement agencies shall utilize the provisions . . .
. . . See §§ 932.704 and 932.701(2)(c), Fla. Stat. (1997). Our supreme court, in English v. . . .
. . . See § 932.704(c), Fla. Stat. (1995). . . . and affirmative defenses within 20 days after receipt of the complaint and probable cause finding. § 932.704 . . .
. . . proceeding within forty-five days after the seizure, as required by sections 932.701(2)(e), 932.703(3), and 932.704 . . . Section 932.704(4), Florida Statutes (1999), requires that the seizing agency “promptly proceed against . . .
. . . See § 932.704(8), Fla. Stat. (1995). Butler’s later appeal of the order was untimely, see Butler v. . . .
. . . . § 932.704(4). . . . . § 932.704(5)(c). . . . . Highway Patrol petitioned for forfeiture of this money in the circuit court in compliance with section 932.704 . . .
. . . See § 932.704(5)(a), Fla. Stat. (1999). . . . See id. § 932.704(5)(c). . . . . § 932.704(6)(a), Fla. Stat. . . .
. . . See §§ 932.701(2)(g), 932.704, Fla. Stat. (2000). . . .
. . . was void where the bank had not been served with process pursuant to the Forfeiture Statute, section 932.704 . . . (Emphasis added) § 932.704(6)(a), Fla. Slat. (1997). . . . .
. . . filed a forfeiture complaint and verified supporting affidavits pursuant to sections 932.701 through 932.704 . . . Under section 932.704(4), Florida Statutes, the seizing agency must file the complaint within forty-five . . .
. . . See § 932.704(8), Fla. Stat. (1997). . . .
. . . First, section 328.05(3)(e) provides that the forfeiture is pursuant to sections 932.701-932.704, Florida . . . Therefore, section 328.05(3)(c) must be construed in pari materia with sections 932.701-932.704. . . . Section 932.704(1) provides that the policy of the Florida Contraband Forfeiture Act is to “deter and . . . enforcement agency, or the division, and which shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . .
. . . which denied her motion for attorney’s fees in a forfeiture proceeding filed pursuant to subsection 932.704 . . . Thereafter, Gay moved for an award of attorney’s fees, costs and interest pursuant to subsection 932.704 . . . Subsection 932.704(10), Florida Statutes (1997) provides: When the claimant prevails, at the close of . . . The trial court denied Gay’s request for attorney’s fees based on subsection 932.704(10). . . . Subsection 932.704(9)(b) makes no reference to that provision and section 55.03 applies expressly and . . .
. . . Florida Statute section 932.704(1)(1997) provides in part that: It is also the policy of this state that . . . See 588 So.2d at 966-67; see also § 932.704, Fla. Stat. . . .
. . . . § 932.704(1) (1997); cf. United States v. James Daniel Good Real Property, 510 U. . . . seized property until such rights, interest, and title are “perfected” in accordance with the statute); §932.704 . . . Stat. §932.704(1) (1997), also distinguish more mundane and temporary vehicle seizures performed for . . .
. . . Section 932.704, Florida Statutes (1997) requires the seizing agency to “promptly proceed” in its forfeiture . . . Because respondent failed to “promptly proceed” in its forfeiture of the vehicle as required by section 932.704 . . .
. . . Metiver, 684 So.2d 204 (Fla. 4th DCA 1996), Appellants sought attorney’s fees pursuant to § 932.704(10 . . . action which precipitated the forfeiture proceedings was a gross abuse of the agency’s discretion.” § 932.704 . . .
. . . . § 932.704(8); see also United States v. 92 Buena Vista Avenue, 507 U.S. 111, 125-26, 113 S.Ct. 1126 . . .
. . . See §§ 932.703(2)(a),(b), 932.704(5)(b). . . . See §§ 932.701(2)(h), 932.704, Fla. Stat. (1995); Cochran v. . . . determination as if no person entitled to notice had requested a preliminary hearing, pursuant to section 932.704 . . .
. . . . § 932.704(1), Fla. Stat. (1983). 479 So.2d at 110. . . .
. . . to forfeiture by a seizing law enforcement agency, pursuant to applicable provisions of ss. 932.701-932.704 . . . to forfeiture by a seizing law enforcement agency, pursuant to applicable provisions of ss. 932.701-932.704 . . .
. . . . § 932.704(3), Fla. . . . See also § 932.704(2) (all civil forfeiture cases to be heard before a circuit judge of the civil division . . . If the state wishes to forfeit the property, it must file forfeiture proceedings pursuant to section 932.704 . . . (emphasis added) . § 932.704(4), Fla. Sat. (1997). . § 932.701(2)(c), Fla. Stat. (1997). . . .
. . . .” § 932.704(1), Fla. Stat. (Supp.1996). . . . before a circuit judge in the civil division with the Florida Rules of Civil procedure governing. § 932.704 . . . And the seizing agency proceeds against the contraband article by filing a complaint. § 932.704(4), Fla . . . Notice must be given to persons who may claim an interest in the subject property. § 932.704(5), Fla. . . . that the contraband article was being used in violation of the Florida Contraband Forfeiture Act. § 932.704 . . .
. . . See § 932.704(6)(a) and (c), Fla. . . . Section 932.704(6)(a) and (c) provide in relevant part that: (6)(a) If the property is required by law . . .
. . . Garcell then scheduled a hearing on his motion for attorney’s fees pursuant to section 932.704(10), Florida . . .
. . . After the felony charges were filed, the Sheriff of Orange County filed a complaint pursuant to section 932.704 . . .
. . . Section 932.704(3), Florida Statutes (1995) provides: Any trial on the ultimate issue of forfeiture shall . . .
. . . constitutionally mandated prior to a seizure pursuant to the Florida Contraband Forfeiture Act, sections 932.701-932.704 . . .
. . . The applicable statute governing forfeiture proceedings, section 932.704, Florida Statutes (1993), provides . . . : § 932.704 Forfeiture proceedings.— (4) The seizing agency shall promptly proceed against the contraband . . .
. . . We therefore reverse and remand for further proceedings consistent with section 932.704. . . . See §§ 932.704(8)-(9)(a), Fla. Stat. (1993). . . .
. . . Section 932.704(3), Florida Statutes (1993), provides as follows: Any trial on the ultimate issue of . . .
. . . Id.; see also id. § 932.704(6)(b). . . . . § 932.704(6)(a), (b), and does not address the method of service of process to be employed in serving . . . clarification. (1) Paragraph 932.704(6)(a) refers to "notice of the forfeiture complaint” and implies . . . Paragraph 932.704(6)(b) specifies the contents of the notice, contains a cross-reference to paragraph . . . (Emphasis added). (2) The first sentence of paragraph 932.704(6)(a) refers to title holders, owners, . . .
. . . law enforcement agency or the division, and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . .
. . . . § 932.704; see also Department of Law Enforcement v. . . . court must enter a “final order of forfeiture,” or otherwise direct disposition of the property. § 932.704 . . .
. . . The Fifth District Court of Appeal found that section 932.704(1), Florida Statutes (1987), allowed Sheriff . . .
. . . Although section 932.704(1), Florida Statutes (1991), provides that the seizing authority “shall promptly . . . See §§ 932.701-932.704, Fla.Stat. (1991). . . . .
. . . state attorney proceeded against it in circuit court by rule to show cause, as prescribed in section 932.704 . . .
. . . faced with a challenge to the facial validity of Florida’s Contraband Forfeiture Act, sections 932.701-932.704 . . .
. . . statute provides as follows: (2) No property shall be forfeited under the provisions of ss. 932.701-932.704 . . .
. . . . § 932.701-932.704, Fla.Stat. (1989). . . .
. . . that, (3) No bona fide lienholder’s interest shall be forfeited under the provisions of ss. 932.701-932.704 . . . court by ordering the lienholder’s interest to be paid from such proceeds of the sale as provided in s. 932.704 . . .
. . . as contraband by a law enforcement agency and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . .
. . . providing that the innocent owner’s property cannot be “forfeited under the provisions of ss. 932.701-932.704 . . .
. . . as contraband by a law enforcement agency and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . . , on Judiciary-Criminal, CS for HB 1467 (1987), Staff Analysis (revised May 25, 1987). . §§ 932.701-932.704 . . .
. . . Sections 932.701-932.704, Fla.Stat. (1989). . . . as contraband by a law enforcement agency and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . . contraband property by a law enforcement agency and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . .
. . . before claiming property by forfeiture, the state must file forfeiture proceedings pursuant to section 932.704 . . .
. . . . § 932.704(1). . . . Id. § 932.704(3). . . . Short title; definition of “contraband article”.— (1) Sections 932.701-932.704 shall be known and may . . . be cited as the “Florida Contraband Forfeiture Act.” (2) As used in ss. 932.701-932.704, “contraband . . . (3)(a). 932.704. . . .
. . . it to return personal property seized pursuant to the Florida Contraband Forfeiture Act (§§ 932.701-932.704 . . .
. . . . § 932.704(1), Fla.Stat. (1989). . . . We agree that this same standard should apply to determine “due proof” under section 932.704, Florida . . .
. . . provides, in part, as follows: (2) No property shall be forfeited under the provisions of ss. 932.701-932.704 . . . activity. (3) No bona fide lienholder’s interest shall be forfeited under the provisions of ss. 932.701-932.704 . . .
. . . law enforcement agency or the division, and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . . Section 932.704 provides, in relevant part: The state attorney ... shall promptly proceed against the . . . , section 932.703(2) provides: No property shall be forfeited under the provisions of ss. 932.701 — 932.704 . . .
. . . .-701-932.704, Florida Statutes (1989), known as the Florida Contraband Forfeiture Act. . . .
. . . means of said property, or said property is “personal property” as defined by Sections 932.701 through 932.704 . . . law enforcement agency or the division, and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . .
. . . .-701-932.704, Florida Statutes (1987), the “Florida Contraband Forfeiture Act” (hereinafter the “Act . . . “Contraband article” is defined in Section 932.701(2)(a): (2) As used in ss. 932.701-932.704, “contraband . . .
. . . The Florida Contraband Forfeiture Act, sections 932.701-932.704, Florida Statutes, provides for the seizure . . .