Florida Statute 932.703
“Forfeiture of contraband article; exceptions”
What it means
Property that meets the contraband definition may be forfeited — but since the 2016 reform, seizure normally requires the owner's arrest for the underlying crime. The listed exceptions: the owner cannot be identified, is a fugitive, or is deceased; someone else was arrested and the owner had actual knowledge; the owner turns informant; or the property is a monetary instrument.
After seizure, the agency must ask a court within 10 business days whether probable cause existed; if none is found, holds and liens release within 5 days. Property may not be forfeited unless the agency proves, by a preponderance, that the owner knew or should have known after reasonable inquiry of the criminal use — the burden is the state's.
- Seizure generally requires the owner's arrest; express exceptions include an owner who cannot be identified, is a fugitive, or is deceased.
- The agency must apply for a probable cause determination within 10 business days of seizure; absent probable cause, encumbrances release within 5 days.
- Notice goes out by certified mail within 5 working days; the recipient has 15 days to request an adversarial preliminary hearing.
- Innocent owner, §932.703(7)(a): no forfeiture unless the agency proves — by a preponderance — the owner knew or should have known after reasonable inquiry.
- A bona fide lienholder's interest survives unless the agency proves actual knowledge when the lien was made.
- §932.703(9): it is an affirmative defense that the property's nexus to the violation was incidental or entirely accidental.
How it plays out
A deceased owner is an express seizure category, so death does not stall a Florida forfeiture — it changes who must respond. The personal representative steps in as the claimant, and the calendar is unforgiving next to probate's: 15 days to demand the preliminary hearing while the agency's own 10-business-day clock runs. The innocent-owner rule is the provision we lean on for families — the state carries the burden on knowledge, which is the reverse of federal law.
Where this shows up
Pages on this site where § 932.703 does real work:
Questions people ask
