Chapter 932 — Contraband Forfeiture

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.

— What it says

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.

— In a real probate

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:

Related sections

§ 932.701Short title; definitions § 932.704Forfeiture proceedings § 932.7055Disposition of liens and forfeited property § 733.702Limitations on presentation of claims § 733.710Limitations on claims against estates

Questions people ask

Can Florida seize property if the owner has died?

Yes. Section 932.703(1)(a) lists a deceased owner as an express exception to the arrest requirement, so seizure and forfeiture can proceed against the property. The estate appears as the claimant, and the innocent-owner and lienholder protections in subsection (7) still apply.

Who proves the innocent-owner defense in Florida?

The seizing agency. Under §932.703(7)(a), property may not be forfeited unless the agency proves by a preponderance of the evidence that the owner knew, or should have known after reasonable inquiry, that the property was being employed in criminal activity.

The official text

This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.

Read § 932.703