When They Take Your Property
Fla. Stat. 932.703 — an arrest as a rule, notice in 5 working days, and 15 days to ask for a hearing
An arrest, as a rule. A seizure may occur only if the owner of the property is arrested for a criminal offense that forms the basis for treating the property as contraband, or one of the circumstances the section lists applies, such as an owner who cannot be identified after a diligent search.
Notice in 5 working days, and 15 to ask. Notice by certified mail is mailed within 5 working days after the seizure and states that a person entitled to notice may request an adversarial preliminary hearing within 15 days after receiving it. The request is made in writing by certified mail, return receipt requested, to the seizing agency.
Probable cause. The seizing agency applies, within 10 business days after the seizure, to a court for an order determining whether probable cause exists for the seizure.
What the agency proves. Property may not be forfeited unless the agency establishes by a preponderance of the evidence that the owner knew, or should have known after a reasonable inquiry, that it was being used or likely to be used in criminal activity. A final forfeiture requires proof beyond a reasonable doubt that the article was used in violation of the act.
The filing fee and the bond. The agency files its complaint paying a filing fee of at least $1,000 and depositing a bond of $1,500, payable to the claimant if the claimant prevails. A claimant who contests the forfeiture files responsive pleadings within 20 days after receiving the complaint and the probable cause finding.
Criminal forfeiture ordered as part of a sentence, federal forfeiture, and what may be seized in the first place are set out in other law that is not on this page. Whether a deadline has run, and what follows in a particular case, are questions for a licensed Florida attorney.
Sources for this section (2)
- Fla. Stat. 932.703 — Forfeiture of contraband article; exceptions
- Fla. Stat. 932.704 — Forfeiture proceedings
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.