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Florida Statute 932.704 | Lawyer Caselaw & Research
F.S. 932.704 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 932
PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW
View Entire Chapter
F.S. 932.704
932.704 Forfeiture proceedings.
(1) It is the policy of this state that law enforcement agencies shall utilize the provisions of the Florida Contraband Forfeiture Act to deter and prevent the continued use of contraband articles for criminal purposes while protecting the proprietary interests of innocent owners and lienholders and to authorize such law enforcement agencies to use the proceeds collected under the Florida Contraband Forfeiture Act as supplemental funding for authorized purposes. The potential for obtaining revenues from forfeitures must not override fundamental considerations such as public safety, the safety of law enforcement officers, or the investigation and prosecution of criminal activity. It is also the policy of this state that law enforcement agencies ensure that, in all seizures made under the Florida Contraband Forfeiture Act, their officers adhere to federal and state constitutional limitations regarding an individual’s right to be free from unreasonable searches and seizures, including, but not limited to, the illegal use of stops based on a pretext, coercive-consent searches, or a search based solely upon an individual’s race or ethnicity.
(2) In each judicial circuit, all civil forfeiture cases shall be heard before a circuit court judge of the civil division, if a civil division has been established. The Florida Rules of Civil Procedure shall govern forfeiture proceedings under the Florida Contraband Forfeiture Act unless otherwise specified under the Florida Contraband Forfeiture Act.
(3) Any trial on the ultimate issue of forfeiture shall be decided by a jury, unless such right is waived by the claimant through a written waiver or on the record before the court conducting the forfeiture proceeding.
(4) The seizing agency shall promptly proceed against the contraband article by filing a complaint in the circuit court within the jurisdiction where the seizure or the offense occurred, paying a filing fee of at least $1,000 and depositing a bond of $1,500 to the clerk of the court. Unless otherwise expressly agreed to in writing by the parties, the bond shall be payable to the claimant if the claimant prevails in the forfeiture proceeding and in any appeal.
(5)(a) The complaint shall be styled, “In RE: FORFEITURE OF  ” (followed by the name or description of the property). The complaint shall contain a brief jurisdictional statement, a description of the subject matter of the proceeding, and a statement of the facts sufficient to state a cause of action that would support a final judgment of forfeiture. The complaint must be accompanied by a verified supporting affidavit.
(b) If no person entitled to notice requests an adversarial preliminary hearing, as provided in s. 932.703(3)(a), the court, upon receipt of the complaint, shall review the complaint and the verified supporting affidavit to determine whether there was probable cause for the seizure. Upon a finding of probable cause, the court shall enter an order showing the probable cause finding.
(c) The court shall require any claimant who desires to contest the forfeiture to file and serve upon the attorney representing the seizing agency any responsive pleadings and affirmative defenses within 20 days after receipt of the complaint and probable cause finding.
(6)(a) If the property is required by law to be titled or registered, or if the owner of the property is known in fact to the seizing agency, or if the seized property is subject to a perfected security interest in accordance with the Uniform Commercial Code, chapter 679, the attorney for the seizing agency shall serve the forfeiture complaint as an original service of process under the Florida Rules of Civil Procedure and other applicable law to each person having an ownership or security interest in the property. The seizing agency shall also publish, in accordance with chapter 50, notice of the forfeiture complaint for 2 consecutive weeks on a publicly accessible website or, if published in print, once each week for 2 consecutive weeks in a newspaper qualified to publish legal notices under chapter 50 in the county where the seizure occurred.
(b) The complaint must, in addition to stating that which is required by s. 932.703(3)(a) and (b), as appropriate, describe the property; state the county, place, and date of seizure; state the name of the law enforcement agency holding the seized property; and state the name of the court in which the complaint will be filed.
(c) The seizing agency shall be obligated to make a diligent search and inquiry as to the owner of the subject property, and if, after such diligent search and inquiry, the seizing agency is unable to ascertain any person entitled to notice, the actual notice requirements by mail shall not be applicable.
(7) When the claimant and the seizing law enforcement agency agree to settle the forfeiture action prior to the conclusion of the forfeiture proceeding, the settlement agreement shall be reviewed, unless such review is waived by the claimant in writing, by the court or a mediator or arbitrator agreed upon by the claimant and the seizing law enforcement agency. If the claimant is unrepresented, the settlement agreement must include a provision that the claimant has freely and voluntarily agreed to enter into the settlement without benefit of counsel.
(8) Upon proof beyond a reasonable doubt that the contraband article was being used in violation of the Florida Contraband Forfeiture Act, the court shall order the seized property forfeited to the seizing law enforcement agency. The final order of forfeiture by the court shall perfect in the law enforcement agency right, title, and interest in and to such property, subject only to the rights and interests of bona fide lienholders, and shall relate back to the date of seizure.
(9)(a) When the claimant prevails at the conclusion of the forfeiture proceeding, if the seizing agency decides not to appeal, the seized property shall be released immediately to the person entitled to possession of the property as determined by the court. Under such circumstances, the seizing agency shall not assess any towing charges, storage fees, administrative costs, or maintenance costs against the claimant with respect to the seized property or the forfeiture proceeding.
(b) When the claimant prevails at the conclusion of the forfeiture proceeding, any decision to appeal must be made by the chief administrative official of the seizing agency, or his or her designee. The trial court shall require the seizing agency to pay to the claimant the reasonable loss of value of the seized property when the claimant prevails at trial or on appeal and the seizing agency retained the seized property during the trial or appellate process. The trial court shall also require the seizing agency to pay to the claimant any loss of income directly attributed to the continued seizure of income-producing property during the trial or appellate process. If the claimant prevails on appeal, the seizing agency shall immediately release the seized property to the person entitled to possession of the property as determined by the court, pay any cost as assessed by the court, and may not assess any towing charges, storage fees, administrative costs, or maintenance costs against the claimant with respect to the seized property or the forfeiture proceeding.
(10) The court shall award reasonable attorney’s fees and costs, up to a limit of $2,000, to the claimant at the close of the adversarial preliminary hearing if the court makes a finding of no probable cause. When the claimant prevails, at the close of forfeiture proceedings and any appeal, the court shall award reasonable trial attorney’s fees and costs to the claimant if the court finds that the seizing agency has not proceeded at any stage of the proceedings in good faith or that the seizing agency’s action which precipitated the forfeiture proceedings was a gross abuse of the agency’s discretion. The court may order the seizing agency to pay the awarded attorney’s fees and costs from the appropriate contraband forfeiture trust fund. Nothing in this subsection precludes any party from electing to seek attorney’s fees and costs under chapter 57 or other applicable law.
(11)(a) The Department of Law Enforcement, in consultation with the Florida Sheriffs Association and the Florida Police Chiefs Association, shall develop guidelines and training procedures to be used by state and local law enforcement agencies and state attorneys in implementing the Florida Contraband Forfeiture Act. At least annually, each state or local law enforcement agency that seizes property for the purpose of forfeiture shall review such seizures, any settlements, and any forfeiture proceedings initiated by the law enforcement agency to determine whether they comply with the Florida Contraband Forfeiture Act and the guidelines adopted under this subsection. If the review suggests deficiencies, the state or local law enforcement agency shall promptly take action to comply with the Florida Contraband Forfeiture Act.
(b) The determination as to whether an agency will file a civil forfeiture action is the sole responsibility of the head of the agency or his or her designee.
(c) The determination as to whether to seize currency must be made by supervisory personnel. The agency’s legal counsel must be notified as soon as possible after a determination is made.
(d) The employment, salary, promotion, or other compensation of any law enforcement officer may not be dependent on the ability of the officer to meet a quota for seizures.
(e) A seizing agency shall adopt and implement written policies, procedures, and training to ensure compliance with all applicable legal requirements regarding seizing, maintaining, and the forfeiture of property under the Florida Contraband Forfeiture Act.
(f) When property is seized for forfeiture, the probable cause supporting the seizure must be promptly reviewed by supervisory personnel. The seizing agency’s legal counsel must be notified as soon as possible of all seizures and shall conduct a review to determine whether there is legal sufficiency to proceed with a forfeiture action.
(g) Each seizing agency shall adopt and implement written policies and procedures promoting the prompt release of seized property as may be required by the act or by agency determination when there is no legitimate basis for holding seized property. To help ensure that property is not wrongfully held after seizure, each law enforcement agency must adopt written policies and procedures ensuring that all asserted claims of interest in seized property are promptly reviewed for potential validity.
(h) The settlement of any forfeiture action must be consistent with the Florida Contraband Forfeiture Act and the policy of the seizing agency.
(i) Law enforcement agency personnel involved in the seizure of property for forfeiture shall receive basic training and continuing education as required by the Florida Contraband Forfeiture Act. Each agency shall maintain records demonstrating each law enforcement officer’s compliance with this requirement. Among other things, the training must address the legal aspects of forfeiture, including, but not limited to, search and seizure and other constitutional considerations.
History.s. 4, ch. 74-385; s. 4, ch. 80-68; s. 1, ch. 82-239; s. 2, ch. 85-304; s. 2, ch. 85-316; s. 1, ch. 87-77; s. 4, ch. 89-148; s. 2, ch. 89-307; s. 6, ch. 90-17; s. 4, ch. 92-54; s. 4, ch. 95-265; s. 27, ch. 2010-117; s. 3, ch. 2016-179; s. 30, ch. 2021-17; s. 22, ch. 2022-103.
Note.Former s. 943.44.

F.S. 932.704 on Google Scholar

F.S. 932.704 on Casetext

Amendments to 932.704


Arrestable Offenses / Crimes under Fla. Stat. 932.704
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 932.704.



Annotations, Discussions, Cases:

Cases from cite.case.law:

TEJADA, v. CADILLAC ESCALADE VIN NO, 267 So. 3d 1032 (Fla. App. Ct. 2019)

. . . by a law enforcement agency and shall be subject to forfeiture proceedings pursuant to ss. 932.701 - 932.704 . . .

HUDSON, v. CITY OF SUNRISE,, 237 So. 3d 1031 (Fla. App. Ct. 2018)

. . . 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 . . .

In FORFEITURE OF FORD EXPLORER, No. v. T. M., 203 So. 3d 992 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

In FORFEITURE OF PONTIAC SOLSTICE, No. v. s, 210 So. 3d 78 (Fla. Dist. Ct. App. 2016)

. . . (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. . . .

BOARD OF TRUSTEES, JACKSONVILLE POLICE FIRE PENSION FUND, v. W. LEE,, 189 So. 3d 120 (Fla. 2016)

. . . providing for attorney’s fees within the Public Records Act without using “good faith” language), with § 932.704 . . .

L. BRADSHAW, v. McCORMICK, Jr., 182 So. 3d 845 (Fla. Dist. Ct. App. 2016)

. . . 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). . . .

J. CONNOLLY, Jr. v. STATE, 172 So. 3d 893 (Fla. Dist. Ct. App. 2015)

. . . otherwise included in paragraph (a), may be seized and is subject to forfeiture pursuant to ss. 932.701-932.704 . . .

MATOS, v. STATE, 190 So. 3d 115 (Fla. Dist. Ct. App. 2015)

. . . See § 932.704(4), Fla. . . .

In Re FORFEITURE OF EUROS e v., 170 So. 3d 810 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

G. AGRESTA, v. CITY OF MAITLAND,, 159 So. 3d 876 (Fla. Dist. Ct. App. 2015)

. . . See § 932.704(1), Fla. Stat. (2008) (emphasis added). . . .

SMITH, v. BRUSTER,, 151 So. 3d 511 (Fla. Dist. Ct. App. 2014)

. . . That forfeiture proceedings pursuant to section 932.704, Florida Statutes, had not and would not be followed . . .

SANCHEZ, v. CITY OF WEST PALM BEACH,, 149 So. 3d 92 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

BURNS, v. STATE DEPARTMENT OF LEGAL AFFAIRS,, 147 So. 3d 95 (Fla. Dist. Ct. App. 2014)

. . . . § 932.704(10), Fla. Stat. (2013). . . . prejudice Appellants’ motion as it pertains to damages, for Appellants to seek damages pursuant to section 932.704 . . .

MOSTOWICZ, v. J. ISRAEL,, 142 So. 3d 976 (Fla. Dist. Ct. App. 2014)

. . . See § 932.704(8), Fla. Stat. . . .

B. PATEL, v. STATE, 141 So. 3d 1239 (Fla. Dist. Ct. App. 2014)

. . . .; see also §§ 932.701(2)(g) and 932.704, Fla. Stat. (2013). . . .

WAHEED, v. STATE, 134 So. 3d 531 (Fla. Dist. Ct. App. 2014)

. . . . §§ 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 . . .

In FORFEITURE OF NISSAN MURANO, IDENTIFICATION NO. St. v., 125 So. 3d 1023 (Fla. Dist. Ct. App. 2013)

. . . We hold that the requirement in section 932.704(4) to “promptly proceed” with a forfeiture action is . . .

LEWIS, v. RUTHERFORD, In CCR U. S., 117 So. 3d 30 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

In FORFEITURE OF IN U. S. CURRENCY. LLC, v., 106 So. 3d 47 (Fla. Dist. Ct. App. 2013)

. . . . § 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 . . .

CITY OF NORTH MIAMI BEACH, v. D. BERRIO,, 64 So. 3d 713 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

SHERIFF OF SEMINOLE COUNTY, v. OLIVER,, 59 So. 3d 232 (Fla. Dist. Ct. App. 2011)

. . . articles for criminal purposes while protecting the proprietary interests of innocent owners .... ” § 932.704 . . .

In FORFEITURE OF PONTIAC FIREBIRD NO. E. v., 47 So. 3d 344 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

HUDSON, v. STATE, 39 So. 3d 1274 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

GOMEZ, v. VILLAGE OF PINECREST,, 41 So. 3d 180 (Fla. 2010)

. . . . §§ 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 . . .

GOMEZ, v. VILLAGE OF PINECREST, a, 17 So. 3d 322 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

H. BRUCE, III, v. BEARY,, 498 F.3d 1232 (11th Cir. 2007)

. . . . § 932.704(9)(a). . . . Stat. § 932.704(9)(b). Burger, 482 U.S. at 705-06, 107 S.Ct. 2636. . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. S. FREY,, 965 So. 2d 199 (Fla. Dist. Ct. App. 2007)

. . . issue an order finding probable cause to proceed with the forfeiture proceeding pursuant to section 932.704 . . .

In FORFEITURE OF SEVEN THOUSAND AND DOLLARS UNITED STATES CURRENCY. v. E., 942 So. 2d 1039 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

In FORFEITURE OF CHEVROLET CORVETTE, IDENTIFICATION NO. TAG v. C., 932 So. 2d 623 (Fla. Dist. Ct. App. 2006)

. . . .” § 932.704(5)(b). . . .

CITY OF HOLLYWOOD, v. MULLIGAN,, 934 So. 2d 1238 (Fla. 2006)

. . . 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 . . .

VELEZ, v. MIAMI- DADE COUNTY POLICE DEPARTMENT,, 934 So. 2d 1162 (Fla. 2006)

. . . . § 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, v. FORFEITURE OF UNITED STATES CURRENCY AND A GMC TRUCK VIN, 912 So. 2d 1257 (Fla. Dist. Ct. App. 2005)

. . . Clark from a forfeiture action under the Florida Contraband Forfeiture Act (“Act”), sections 932.701-932.704 . . .

A. M. COBB, v. LANGWORTHY,, 909 So. 2d 416 (Fla. Dist. Ct. App. 2005)

. . . 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. . . . .

ALVAREZ, v. CITY OF HIALEAH,, 900 So. 2d 761 (Fla. Dist. Ct. App. 2005)

. . . See also § 932.704(1), Fla. Stat. (2004) providing that: ... . . .

In FORFEITURE OF JEEP CHEROKEE, No. C. v. St., 898 So. 2d 223 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

GERVAIS, v. CITY OF MELBOURNE,, 890 So. 2d 412 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

CHUCK v. CITY OF HOMESTEAD POLICE DEPARTMENT, 888 So. 2d 736 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

R. COX, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 881 So. 2d 641 (Fla. Dist. Ct. App. 2004)

. . . & 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. . . .

CITY OF MIAMI, v. S. WELLMAN,, 875 So. 2d 635 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

PONDELLA HALL FOR HIRE, INC. v. LAMAR,, 866 So. 2d 719 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

MULLIGAN, v. CITY OF HOLLYWOOD,, 871 So. 2d 249 (Fla. Dist. Ct. App. 2003)

. . . .” § 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 . . .

T. DeGREGORIO, v. F. BALKWILL,, 853 So. 2d 371 (Fla. 2003)

. . . 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 . . .

TOWN OF OAKLAND, v. D. MERCER,, 851 So. 2d 266 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

ROSADO, S. A. v. W. BIELUCH,, 827 So. 2d 1115 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

GONZALEZ, v. CITY OF HOMESTEAD,, 825 So. 2d 1050 (Fla. Dist. Ct. App. 2002)

. . . .” § 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 . . .

KRIMSTOCK, v. W. KELLY,, 306 F.3d 40 (2d Cir. 2002)

. . . . § 932.704(1) ("It is the policy of this state that law enforcement agencies shall utilize the provisions . . .

ALVAREZ, v. CITY OF PLANTATION,, 824 So. 2d 339 (Fla. Dist. Ct. App. 2002)

. . . See §§ 932.704 and 932.701(2)(c), Fla. Stat. (1997). Our supreme court, in English v. . . .

F. TEJADA, v. In FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY IN U. S. CURRENCY,, 820 So. 2d 385 (Fla. Dist. Ct. App. 2002)

. . . See § 932.704(c), Fla. Stat. (1995). . . . and affirmative defenses within 20 days after receipt of the complaint and probable cause finding. § 932.704 . . .

In LINCOLN TOWN CAR, VIN VIN F. v. T., 826 So. 2d 342 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

BUTLER, v. CITY OF MELBOURNE POLICE DEPARTMENT,, 812 So. 2d 547 (Fla. Dist. Ct. App. 2002)

. . . See § 932.704(8), Fla. Stat. (1995). Butler’s later appeal of the order was untimely, see Butler v. . . .

CLOUD, v. STATE, 810 So. 2d 573 (Fla. Dist. Ct. App. 2002)

. . . . § 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 . . .

GONZALEZ, v. CITY OF HOLLYWOOD,, 805 So. 2d 58 (Fla. Dist. Ct. App. 2002)

. . . See § 932.704(5)(a), Fla. Stat. (1999). . . . See id. § 932.704(5)(c). . . . . § 932.704(6)(a), Fla. Stat. . . .

CITY OF CORAL SPRINGS, v. FORFEITURE OF A FORD RANGER PICKUP TRUCK VIN FL TAG, 803 So. 2d 847 (Fla. Dist. Ct. App. 2002)

. . . See §§ 932.701(2)(g), 932.704, Fla. Stat. (2000). . . .

OCEAN BANK, v. SAVE IMPORT AND EXPORT, INC., 797 So. 2d 609 (Fla. Dist. Ct. App. 2001)

. . . 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). . . . .

CREPAGE, v. CITY OF LAUDERHILL,, 774 So. 2d 61 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

In FORFEITURE OF FORD PICKUP, IDENTIFICATION NO. E. v., 779 So. 2d 450 (Fla. Dist. Ct. App. 2000)

. . . See § 932.704(8), Fla. Stat. (1997). . . .

DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. ZABIELINSKI,, 785 So. 2d 517 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

GAY, v. BEARY,, 758 So. 2d 1242 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

J. GOLON, v. JENNE,, 739 So. 2d 659 (Fla. Dist. Ct. App. 1999)

. . . 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. . . .

FLORIDA v. WHITE, 526 U.S. 559 (U.S. 1999)

. . . . § 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 . . .

In FORFEITURE OF ONE HONDA PRELUDE v., 730 So. 2d 334 (Fla. Dist. Ct. App. 1999)

. . . 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, v. STATE DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES O. III, F., 720 So. 2d 1170 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

SEA SERVICES OF THE KEYS, INC. a d. b. a. v. STATE OF FLORIDA,, 156 F.3d 1151 (11th Cir. 1998)

. . . . § 932.704(8); see also United States v. 92 Buena Vista Avenue, 507 U.S. 111, 125-26, 113 S.Ct. 1126 . . .

CITY OF FORT LAUDERDALE, v. BARUCH,, 718 So. 2d 843 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

WHITE, v. STATE, 710 So. 2d 949 (Fla. 1998)

. . . . § 932.704(1), Fla. Stat. (1983). 479 So.2d at 110. . . .

COCHRAN, v. JONES, 707 So. 2d 791 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

KERN, v. STATE, 706 So. 2d 1366 (Fla. Dist. Ct. App. 1998)

. . . . § 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). . . .

STATE v. SOBIECK,, 701 So. 2d 96 (Fla. Dist. Ct. App. 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 . . .

MUNOZ, v. CITY OF CORAL GABLES,, 695 So. 2d 1283 (Fla. Dist. Ct. App. 1997)

. . . 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, v. R. HOLDER,, 689 So. 2d 1177 (Fla. Dist. Ct. App. 1997)

. . . Garcell then scheduled a hearing on his motion for attorney’s fees pursuant to section 932.704(10), Florida . . .

STATE v. LLEWELLYN,, 682 So. 2d 1242 (Fla. Dist. Ct. App. 1996)

. . . After the felony charges were filed, the Sheriff of Orange County filed a complaint pursuant to section 932.704 . . .

B. MURROW, v. OSCEOLA COUNTY,, 679 So. 2d 883 (Fla. Dist. Ct. App. 1996)

. . . Section 932.704(3), Florida Statutes (1995) provides: Any trial on the ultimate issue of forfeiture shall . . .

WHITE, v. STATE, 680 So. 2d 550 (Fla. Dist. Ct. App. 1996)

. . . constitutionally mandated prior to a seizure pursuant to the Florida Contraband Forfeiture Act, sections 932.701-932.704 . . .

FULLWOOD, v. OSCEOLA COUNTY INVESTIGATIVE BUREAU,, 672 So. 2d 614 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

In FORFEITURE OF STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLE v. McCLUSTER Sr., 668 So. 2d 1000 (Fla. Dist. Ct. App. 1996)

. . . We therefore reverse and remand for further proceedings consistent with section 932.704. . . . See §§ 932.704(8)-(9)(a), Fla. Stat. (1993). . . .

ALLEN, v. COMBINED LAW ENFORCEMENT AGAINST NARCOTICS C. L. E. A. N., 650 So. 2d 144 (Fla. Dist. Ct. App. 1995)

. . . Section 932.704(3), Florida Statutes (1993), provides as follows: Any trial on the ultimate issue of . . .

HICKS, v. CITY OF HIALEAH, In FORFEITURE OF IN U. S. CURRENCY, ETC, 647 So. 2d 984 (Fla. Dist. Ct. App. 1994)

. . . 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, . . .

In FORFEITURE OF ONE FOOT HATTERAS VESSEL, II No. COCHRAN, v. ROSCIOLI YACHT SALES, INC., 642 So. 2d 1106 (Fla. Dist. Ct. App. 1994)

. . . law enforcement agency or the division, and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . .

UNITED STATES v. IN UNITED STATES CURRENCY, PLUS INTEREST,, 1 F.3d 1146 (11th Cir. 1993)

. . . . § 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 . . .

C. BYROM, v. GALLAGHER,, 609 So. 2d 24 (Fla. 1992)

. . . The Fifth District Court of Appeal found that section 932.704(1), Florida Statutes (1987), allowed Sheriff . . .

A. FINK, v. D. HOLT,, 609 So. 2d 1333 (Fla. Dist. Ct. App. 1992)

. . . Although section 932.704(1), Florida Statutes (1991), provides that the seizing authority “shall promptly . . . See §§ 932.701-932.704, Fla.Stat. (1991). . . . .

In FORFEITURE OF CHEVROLET, VIN COBBS, v. JOHNSON, Co., 605 So. 2d 1322 (Fla. Dist. Ct. App. 1992)

. . . state attorney proceeded against it in circuit court by rule to show cause, as prescribed in section 932.704 . . .

METRO- DADE POLICE DEPARTMENT OF DADE COUNTY, v. HIDALGO,, 601 So. 2d 1259 (Fla. Dist. Ct. App. 1992)

. . . faced with a challenge to the facial validity of Florida’s Contraband Forfeiture Act, sections 932.701-932.704 . . .

In FORFEITURE OF FORD RANGER PICKUP TRUCK,, 598 So. 2d 1070 (Fla. 1992)

. . . statute provides as follows: (2) No property shall be forfeited under the provisions of ss. 932.701-932.704 . . .

J. PERRY, St. v. BOYNTON, Jr., 595 So. 2d 267 (Fla. Dist. Ct. App. 1992)

. . . . § 932.701-932.704, Fla.Stat. (1989). . . .

In FORFEITURE UNITED STATES CURRENCY IN THE AMOUNT OF NINETY- ONE THOUSAND THREE HUNDRED FIFTY- SEVEN AND DOLLARS, 595 So. 2d 998 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

FIRST COAST RESTAURANTS, INC. v. L. VOGEL, Jr., 592 So. 2d 1258 (Fla. Dist. Ct. App. 1992)

. . . as contraband by a law enforcement agency and shall be subject to forfeiture pursuant to ss. 932.701-932.704 . . .

In FORFEITURE OF OLDSMOBILE, VIN, 593 So. 2d 1087 (Fla. Dist. Ct. App. 1992)

. . . providing that the innocent owner’s property cannot be “forfeited under the provisions of ss. 932.701-932.704 . . .

In FORFEITURE OF PIPER NAVAJO, MODEL PA- S N- U. S. REGISTRATON N-, 592 So. 2d 233 (Fla. 1992)

. . . 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 . . .

In FORFEITURE OF ONE CESSNA T A, SERIAL NUMBER, 587 So. 2d 553 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

M. BENEDETTI, v. STATE, 584 So. 2d 203 (Fla. Dist. Ct. App. 1991)

. . . before claiming property by forfeiture, the state must file forfeiture proceedings pursuant to section 932.704 . . .

DEPARTMENT OF LAW ENFORCEMENT, v. REAL PROPERTY,, 588 So. 2d 957 (Fla. 1991)

. . . . § 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. . . .

CITY OF CORAL GABLES, v. VALDES,, 582 So. 2d 148 (Fla. Dist. Ct. App. 1991)

. . . it to return personal property seized pursuant to the Florida Contraband Forfeiture Act (§§ 932.701-932.704 . . .

In FORFEITURE OF TEN THOUSAND SEVEN HUNDRED EIGHTY- EIGHT DOLLARS IN U. S. CURRENCY. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, v. LAZZARA Jr., 580 So. 2d 855 (Fla. Dist. Ct. App. 1991)

. . . . § 932.704(1), Fla.Stat. (1989). . . . We agree that this same standard should apply to determine “due proof” under section 932.704, Florida . . .

In FORFEITURE OF FORD RANGER PICKUP TRUCK, VIN FLORIDA LICENSE DPU U. S., 582 So. 2d 3 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

In FORFEITURE OF ONE VELOCITY GO- FAST VESSEL, H. I. N FL TCTR V. I. N., 577 So. 2d 678 (Fla. Dist. Ct. App. 1991)

. . . 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. 932.701932.704 . . .

LAMBOY v. METRO- DADE POLICE DEPARTMENT,, 575 So. 2d 1317 (Fla. Dist. Ct. App. 1991)

. . . .-701-932.704, Florida Statutes (1989), known as the Florida Contraband Forfeiture Act. . . .

In FORFEITURE OF ONE SEAHAWK CIGARETTE VESSEL,, 572 So. 2d 1038 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

In FORFEITURE OF DIONEFF v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 571 So. 2d 1377 (Fla. Dist. Ct. App. 1990)

. . . .-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 . . .

CITY OF CORAL GABLES, v. RODRIGUEZ,, 568 So. 2d 1302 (Fla. Dist. Ct. App. 1990)

. . . The Florida Contraband Forfeiture Act, sections 932.701-932.704, Florida Statutes, provides for the seizure . . .