What it means
A forfeiture case begins when the seizing agency files a complaint in circuit court, pays a filing fee of at least $1,000, and deposits a $1,500 bond with the clerk. Unless the parties agree otherwise, the bond is payable to the claimant if the claimant prevails. A claimant who contests the forfeiture must file responsive pleadings and affirmative defenses within 20 days after receiving the complaint and the probable cause finding.
The Florida Rules of Civil Procedure govern. Any trial on the ultimate issue is decided by a jury unless the claimant waives it in writing or on the record. The court orders forfeiture only on proof beyond a reasonable doubt that the contraband article was being used in violation of the Act. A settlement is reviewed by the court, a mediator, or an arbitrator unless the claimant waives review in writing.
If the claimant prevails and the agency does not appeal, the property is released immediately and the agency may not assess towing, storage, administrative, or maintenance costs. The court awards reasonable attorney's fees and costs, up to $2,000, if it finds no probable cause at the adversarial preliminary hearing. Trial attorney's fees follow if the agency did not proceed in good faith or its action was a gross abuse of discretion.
- Forfeiture requires proof beyond a reasonable doubt that the article was being used in violation of the Act. The final order relates back to the date of seizure. (§ 932.704(8))
- Trial on the ultimate issue is decided by a jury unless the claimant waives it in writing or on the record. (§ 932.704(3))
- The agency files a complaint, pays a filing fee of at least $1,000, and deposits a $1,500 bond with the clerk. (§ 932.704(4))
- A contesting claimant files responsive pleadings and affirmative defenses within 20 days after receipt of the complaint and probable cause finding. (§ 932.704(5)(c))
- A court finding of no probable cause at the adversarial preliminary hearing brings an award of reasonable attorney's fees and costs, up to $2,000. (§ 932.704(10))
- A prevailing claimant receives reasonable trial attorney's fees if the agency did not proceed in good faith or grossly abused its discretion. (§ 932.704(10))
Text of the statute (2026)
(3) Any trial on the ultimate issue of forfeiture shall be decided by a jury, unless such right is waived by the claimant through a written waiver or on the record before the court conducting the forfeiture proceeding.
(4) The seizing agency shall promptly proceed against the contraband article by filing a complaint in the circuit court within the jurisdiction where the seizure or the offense occurred, paying a filing fee of at least $1,000 and depositing a bond of $1,500 to the clerk of the court. Unless otherwise expressly agreed to in writing by the parties, the bond shall be payable to the claimant if the claimant prevails in the forfeiture proceeding and in any appeal.
(c) The court shall require any claimant who desires to contest the forfeiture to file and serve upon the attorney representing the seizing agency any responsive pleadings and affirmative defenses within 20 days after receipt of the complaint and probable cause finding.
(8) Upon proof beyond a reasonable doubt that the contraband article was being used in violation of the Florida Contraband Forfeiture Act, the court shall order the seized property forfeited to the seizing law enforcement agency. The final order of forfeiture by the court shall perfect in the law enforcement agency right, title, and interest in and to such property, subject only to the rights and interests of bona fide lienholders, and shall relate back to the date of seizure.
(9)(a) When the claimant prevails at the conclusion of the forfeiture proceeding, if the seizing agency decides not to appeal, the seized property shall be released immediately to the person entitled to possession of the property as determined by the court. Under such circumstances, the seizing agency shall not assess any towing charges, storage fees, administrative costs, or maintenance costs against the claimant with respect to the seized property or the forfeiture proceeding.
(10) The court shall award reasonable attorney’s fees and costs, up to a limit of $2,000, to the claimant at the close of the adversarial preliminary hearing if the court makes a finding of no probable cause. When the claimant prevails, at the close of forfeiture proceedings and any appeal, the court shall award reasonable trial attorney’s fees and costs to the claimant if the court finds that the seizing agency has not proceeded at any stage of the proceedings in good faith or that the seizing agency’s action which precipitated the forfeiture proceedings was a gross abuse of the agency’s discretion. The court may order the seizing agency to pay the awarded attorney’s fees and costs from the appropriate contraband forfeiture trust fund. Nothing in this subsection precludes any party from electing to seek attorney’s fees and costs under chapter 57 or other applicable law.
Excerpts are the subsections the summary relies on. Read the full official text of § 932.704.
History. s. 4, ch. 74-385; s. 4, ch. 80-68; s. 1, ch. 82-239; s. 2, ch. 85-304; s. 2, ch. 85-316; s. 1, ch. 87-77; s. 4, ch. 89-148; s. 2, ch. 89-307; s. 6, ch. 90-17; s. 4, ch. 92-54; s. 4, ch. 95-265; s. 27, ch. 2010-117; s. 3, ch. 2016-179; s. 30, ch. 2021-17; s. 22, ch. 2022-103.
How it applies
The Florida Rules of Civil Procedure apply unless the Act says otherwise, and the 20-day response period runs from receipt of the complaint and probable cause finding. The agency carries the burden of proof, and the standard is beyond a reasonable doubt. A claimant may waive the jury in writing or on the record, and may waive court review of a settlement in writing. Fee awards are limited: up to $2,000 after a no-probable-cause ruling, and trial fees only on the findings stated in subsection (10).
Where this shows up
Pages on this site where § 932.704 does real work:
Questions people ask
Sources
- Fla. Stat. § 932.704 (2026), Florida Senate (Standard of proof: upon proof beyond a reasonable doubt, the court orders the seized property forfeited (subsection (8)).)
- Fla. Stat. § 932.703 (2026), Florida Senate (Adversarial preliminary hearing request, subsection (3)(a), cross-referenced in § 932.704(5)(b).)
- Fla. Stat. § 932.701 (2026), Florida Senate (Definitions of claimant, complaint, and forfeiture proceeding.)
Last checked: October 17, 2026
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