What is Civil Asset Forfeiture in Florida?

June 6, 2025 Don Pumphrey, Jr. Civil Asset Forfeiture, Criminal Defense Social Share

In Florida, being arrested and formally charged for a criminal offense is very serious. But a not-too-often discussed aspect of criminal charges is civil asset forfeiture, which may occur based on the development of probable cause that the assets in question were used during the commission of a crime.

This article will define civil asset forfeiture in Florida, discuss Florida’s legal framework surrounding civil asset forfeiture, and discuss the rights of defendants in cases where law enforcement seizes assets based on someone’s suspected criminal activity that allegedly involved the use of the seized assets.

Civil asset forfeiture in Florida is regulated by the Florida Contraband Forfeiture Act (FCFA). This is codified in Fla. Stat. Sections 932.701 through 932.762. Though it is referred to as civil asset forfeiture, the objective of civil asset forfeiture is for the government to obtain property that has allegedly been used in criminal activity. Steps of this process include:

• The initial seizure of the assets
• Determination of probable cause 
• Adversarial preliminary hearings
• Final forfeiture proceedings, in which a “final judgment” will be rendered regarding the fate of the assets

Under Gomez v. Village of Pinecrest, 17 So.3d 322 (Fla. 3d. DCA 2009), to succeed in a forfeiture action, the seizing agency must establish by a preponderance (majority) of the evidence:

• The property in question was used in criminal activity 
• The owner knew or should have known of its use

Examples of assets that may be targeted during a civil asset forfeiture proceeding because of their alleged use in criminal activity include:

• Cash and bank accounts
• Vehicles, such as cars and trucks
• Real estate 
• Electronics 
• Weapons and firearms
• Jewelry, planes, boats, and cryptocurrency

Under the FCFA, various criminal offenses allow for the seizure of any accompanying civil assets that were used in the commission of the offense, if probable cause for the seizure of the assets is developed. Under Fla. Stat. Section 932.701, such offenses include:

• Controlled substance law violations
• Illegal gambling 
• Beverage or tobacco law violations
• Motor fuel tax (unpaid) 
• Felonies, if real or personal property was used as an instrumentality in the commission of the felony (Gomez v. Village of Pinecrest, 41 So.3d 180 (Fla. 2010)). 
• Medicaid fraud
• Motor vehicles (if illegally sold)
• Motor vehicles used during the commission of certain driving offenses
• Photos and films possessed for illegal purposes

The process of civil asset forfeiture begins when the property in question is seized by law enforcement. The property can be seized at the time of the alleged violation of the FCFA, or subsequent to the violation, provided that the person from whom the assets are seized is provided notice of the right to an adversarial preliminary hearing (Fla. Stat. Section 932.703).

Next, the seizing agency must apply to a court within 10 business days of the seizure for an order to determine whether probable cause exists for the seizure of the assets. If probable cause is found for the seizure, the court will issue a written order authorizing the continued seizure of the property pending future hearings. If probable cause is not found, the assets must be released within five days.

If someone’s assets are seized under the FCFA, they are entitled to an adversarial preliminary hearing. This hearing is designed to determine whether probable cause exists – in an adversarial setting. Upon request from the person entitled to notice (person from whom the assets were seized), an adversarial hearing must occur within 10 business days of receipt of the request, or as soon as practicable (Fla. Stat. Section 932.703).

During the adversarial preliminary hearing, the court will review affidavits, supporting documents, and take testimony to determine whether there was probable cause the assets were used in the commission of FCFA-prohibited offenses. Miami-Dade Police Dept. v. Forfeiture of $15,875.51, 54 So.3d 595 (Fla. 3d. DCA 2011)). If no probable cause is found, the assets must be released within 5 days of the ruling.

If no adversarial preliminary hearing is requested or if probable cause is found, the court and seizing agency will move to final forfeiture proceedings. Under Fla. Stat. Section 932.704, the seizing agency must file a complaint in the circuit court of the jurisdiction where the seizure occurred, accompanied by a filing fee and bond.

The final forfeiture proceedings complaint must also include:

• A statement verifying the jurisdiction (county/judicial circuit) of the seizure (jurisdictional statement)
• Description of the property
• Statement of facts to support a final judgment of forfeiture

If the civil asset forfeiture is upheld at a final proceeding, the assets now belong to the seizing agency. The FCFA allows law enforcement agencies to use the proceeds from forfeitures for authorized purposes, which can be sold at an auction (Fla. Stat. Section 932.705(5)). These may include:

• Supplementary funds for law enforcement operations (but not for normal operating expenses)
• Drug education or prevention programs
• Law enforcement training
• Equipment purchases
• Crime prevention initiatives
• Victim-witness services
• School resource officers, canine units, and community policing efforts

Interest earned on forfeiture funds must also be used for these purposes. Forfeited assets (or the proceeds therefrom) cannot be used to fund routine salaries or benefits, or backfill budgetary shortfalls.

Note: If someone’s assets are found to have been seized without probable cause, they cannot be charged for any towing fees, storage fees, or administrative costs associated with the forfeiture under Fla. Stat. Section 932.704.

In sum, the FCFA allows civil asset forfeiture in Florida – the seizure of property allegedly used in criminal activity. If someone’s property is seized as part of a civil asset forfeiture proceeding, the seizing law enforcement agency must establish probable cause for doing so.

A seizing agency must apply to a court within 10 business days for an order to determine probable cause for the seizure. A defendant is also entitled to an adversarial preliminary hearing. If the court finds probable cause both in the adversarial preliminary hearing and at the final forfeiture proceedings, the agency is permitted to permanently seize the assets.

If a seizure is found to have occurred without probable cause, the assets must be released to the defendant at no cost for storage, towing, or other (miscellaneous) fees. If the seizure is found to be supported by probable cause, the seizing agency may keep the assets – or sell them at auction and use the proceeds for FCFA-authorized purposes.

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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