Florida’s Contraband Forfeiture Act: What to Know If Your Property Is Seized

June 20, 2025 Don Pumphrey, Jr. Civil Asset Forfeiture, Criminal Defense Social Share

In Florida, civil asset forfeiture may occur if law enforcement develops probable cause that someone’s property was an “instrumentality” of or otherwise used in criminal activity. The Florida Contraband Forfeiture Act (FCFA) is a major law that outlines the procedures police and courts must follow when someone’s property is seized as part of a civil forfeiture proceeding.

This article will discuss the Florida Contraband Forfeiture Act, provide an overview of civil asset forfeiture, and potential defenses that may be used in a civil forfeiture proceeding that is initiated pursuant to the FCFA.

The FCFA is a sprawling set of Florida statutes (Fla. Stat. 932.701 to 932.762). It allows for the seizure of any personal property used in the commission of or as an instrumentality of criminal activity to be seized by law enforcement – including, but not limited to:

• Vehicles, items, objects, tools, devices
• Weapons, machines, money, securities, books, or records

Law enforcement may seize real property without a warrant if they develop probable cause to believe the property was used in violation of the FCFA (Fla. Stat. Section 932.703(2)(a)). An officer must form a reasonable belief based on the facts and circumstances at hand that an item qualifies as a “contraband article” – meaning:

• The item was used in or in the commission of a criminal offense
• The owner of the item knew or should have known or that use

Courts typically define probable cause as when the facts and reasonably trustworthy information known to the officer would lead a person of reasonable caution to believe that a crime has been or is being committed. Brinegar v. United States, 338 U.S. 160 (1949). 

But at the FCFA “initial seizure” stage, this is an even lower bar. The probable cause standard simply requires a showing of “sufficient probability to warrant a reasonable belief that the property was used in violation” of the FCFA. Brevard County Sheriff’s Office v. Brown, 208 So. 3d 1281 (Fla. 5th DCA 2017)

Once seized, the law enforcement agency must serve written notice of the property’s seizure to the owner or possessor of the property (claimant) within 5 days. The owner then has 15 days from the date of notice to request an adversarial preliminary hearing (APH). 

Under Fla. Stat. § 932.703(2)(c), if an adversarial preliminary hearing is requested by a claimant, the court must schedule the APH within ten days of the request or twenty days of the seizure, whichever of these is earlier. 

At this hearing, the State must establish probable cause for the seizure based on its traditional definition. Specifically, probable cause must be found that the seized property was used as an instrumentality of or in the commission of criminal activity, and that the person from whom the property was seized (claimant) knew or should have known of its illegal use. 

Whether or not an APH is held, the seizing agency must file a civil complaint for forfeiture within 45 days of the initial seizure if they wish to permanently keep the seized property. If the case proceeds (probable cause is established), the dispute will move to a final hearing, where a judge will determine whether the property should be permanently forfeited.

According to Fla. Stat. Section 932.704(8), a claimant has the right – but not the obligation – to request an APH. If an APH is not requested and does not occur, the burden of proof for a final seizure of the property is only probable cause. The government must prove it is more likely than not that the assets were used in violation of the FCFA and the claimant knew or should have known to effectuate a final seizure. 

Note: If the court finds at any stage in the proceedings that property was wrongfully seized (either at the APH or final hearing), it must be returned to the claimant within 5 days. 

If an APH is held and the State establishes probable cause there, the State must prove by clear and convincing evidence at the final hearing that the seized assets were connected to criminal activity. This requires that the State establish a substantial connection between the seized property and unlawful activity, of which the claimant was or should have been aware.

For police to permissibly seize real property under the FCFA, at least one of the following conditions must be satisfied:

• The property was used in the commission of a felony
• The property was intended to be used in the commission or facilitation of a felony, or
• The property was obtained as proceeds of unlawful activity 

Moreover, property seized by a law enforcement agency must be in rem – physically in the jurisdiction of the seizing agency. This requires:

• The property to be physically located in Florida (or the county of the seizure if done by local law enforcement)
• The property must be seized by Florida law enforcement pursuant to the FCFA
• The seizing agency must maintain custody or constructive control of the property during the proceedings
• The forfeiture action must be filed in the circuit court of the county in which the property was seized

Notably, someone does not have to be arrested for certain property to be seized. While arrest generally accompanies a civil forfeiture, exceptions exist, such as:

• The owner is fugitive or deceased 
• The owner cannot be located
• The property is contraband per se, such as illegal drugs, unregistered firearms or counterfeit money 
• Law enforcement is still investigating and has developed probable cause for a seizure but insufficient probable cause for an arrest

Though the FCFA does not place an upper limit on the value of assets that can be seized, the U.S. Supreme Court held in 2019 that civil asset forfeiture proceedings are subject to the Excessive Fines Clause of the Eighth Amendment. Timbs v. Indiana, 139 S. Ct. 682 (2019). The Court held that a forfeiture cannot be “grossly disproportionate” to the gravity of the underlying offense.

This means that courts must evaluate:

• The gravity of the offense the property was allegedly tied to
• The value of the property forfeited
• Whether the forfeiture serves a remedial or punitive purpose
• Proportionality to statutory fines or sentencing guidelines

If someone’s property is seized and subject to FCFA civil asset forfeiture proceedings, one or more of the following defenses may apply:

• The claimant did not know and had no reason to know the property was connected to criminal activity
• There is no substantial connection to the property and the alleged criminal conduct
• Mere physical proximity between the property and the illegal activity (such as drugs discovered) is not enough
• Unlawful search or seizure
• Disproportionality/excessive fines clause (Timbs v. Indiana, 139 S. Ct. 682 (2019))
• No in rem jurisdiction for the seizure (typically not applicable for physical cash or other objects, but could be applicable for bank accounts or cryptocurrency) 

In sum, the FCFA allows the seizure of physical assets by law enforcement agencies in Florida that are connected to (or the proceeds of) criminal activity. A seizure can be based on probable cause, and this is also the standard at an adversarial preliminary hearing (APH). 

If an APH is requested by a claimant, the burden of proof for a permanent seizure at the final hearing is clear and convincing evidence that the property was reasonably linked to criminal activity and the claimant knew or should have known. Seizures are jurisdictionally limited and must not be “grossly disproportionate” in value relative to the severity of the underlying offense.

If someone is arrested and formally charged in Florida in a case involving civil asset forfeiture, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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