Civil Forfeiture in Florida: Can the State Take My Stuff?
Short answer: yes — but not as freely as it once could. Florida law lets police seize cash, cars, and even real estate they believe is tied to a crime. A 2016 reform added real protections, yet important gaps remain. Here is how the process works and where your rights kick in.
At a glance
- Forfeiture is a case against your property, not against you — so you can lose property even if you are never convicted.
- Since July 2016, police generally must arrest someone before keeping seized property — with notable exceptions, including seized cash.
- To permanently keep your property, the state must prove its case beyond a reasonable doubt — the same high bar as a criminal trial.
- You have a tight window to demand a hearing. Missing the deadline is one of the most common ways people lose property by default.
What civil forfeiture actually is
Civil asset forfeiture is a legal process that lets the government take ownership of property it claims was used in — or bought with the proceeds of — a crime. In Florida it runs through the Florida Contraband Forfeiture Act (FCFA), sections 932.701–932.7062 of the Florida Statutes.
The part that surprises most people: the case is filed against the thing, not the person. That is why forfeiture cases carry odd names like “In re: Forfeiture of $48,100 in U.S. Currency.” Because the property is the “defendant,” the government does not have to convict you of anything to start the process. A separate criminal case (if there is one) and the forfeiture case run on different tracks.
The point people get wrong most often
“They can’t take my property unless I’m convicted.” That is not how Florida forfeiture works. A criminal conviction is not required — the forfeiture case targets the property on its own track. What the 2016 reform did add is an arrest requirement: in most situations someone must at least be arrested for the underlying offense before the agency can keep the property. But the law carves out exceptions, and as a practical matter seized cash is often treated outside the arrest rule, which is exactly why currency stops remain the most contested forfeitures in the state.
What can be taken
The Act reaches a wide range of “contraband articles” — property the state says was used in, or derived from, certain criminal activity. In everyday terms that includes:
• Cash and currency (the single most common target)
• Vehicles, boats, and aircraft
• Real estate, including homes and rental property
• Firearms, electronics, and other valuables allegedly tied to the offense
Your home gets extra protection
Real property cannot simply be seized after the fact. Under § 932.703, the state generally can only file a lis pendens (a public notice that the property is in litigation) and must give you the chance to attend a pre-seizure adversarial hearing first. That is a meaningful safeguard — and it stacks on top of Florida’s constitutional homestead protections. See our guide to the Florida homestead exemption →
What happens after property is seized
Seizure
An officer takes the property based on probable cause that it is connected to a qualifying crime. After 2016, keeping it generally requires an arrest for the underlying offense — unless a statutory exception applies.
Written notice
The agency must mail notice by certified mail telling you that you can request a hearing. This is the document that starts your clock running.
Agency must mail notice within 5 working daysYou demand an adversarial preliminary hearing
You request, in writing by certified mail, a hearing where a judge decides whether probable cause exists to hold the property. If the agency lacks probable cause, the property should be returned.
Request within 15 days of receiving noticeThe agency files its forfeiture complaint
To proceed, the agency files a civil complaint with a verified affidavit. It must post a $1,000 filing fee and a $1,500 bond payable to you if you win the property back.
Generally within 45 days of seizureTrial — the high bar
At the final hearing the state must prove beyond a reasonable doubt that the property was being used in violation of the Act. Only then can a court order it forfeited. If the court finds there was no probable cause for the seizure, you may recover attorney’s fees up to $2,000.
Deadlines that decide cases
Forfeiture cases are frequently won or lost on timing, not on the underlying facts. Keep these dates in front of you:
| Event | Who acts | Window |
|---|---|---|
| Certified-mail notice of seizure | Seizing agency | Within 5 working days of seizure |
| Request an adversarial preliminary hearing | You (the claimant) | Within 15 days of receiving notice |
| Hearing must be held | The court | Within 10 days of the request, or as soon as practicable |
| File the forfeiture complaint | Seizing agency | Generally within 45 days of seizure |
| Burden at the final trial | The state | Proof beyond a reasonable doubt |
The “innocent owner” defense
What if it was your car, but your nephew used it without your knowledge? Florida recognizes an innocent owner defense. In broad terms, an owner who did not know — and could not reasonably have known — that the property was being used unlawfully, and who took reasonable steps to prevent that use once aware, can defeat the forfeiture. Lienholders such as a bank that financed a seized car have parallel protections for their interest.
The federal “equitable sharing” workaround
Here is a gap Florida’s reform did not close. A local agency can hand a seizure off to a federal partner (such as the DEA) and pursue forfeiture under federal law instead of Florida’s tougher rules — then receive a large share of the proceeds back through the federal “equitable sharing” program. This can sidestep the arrest requirement and the beyond-a-reasonable-doubt standard. If a federal agency’s name appears on your paperwork, you may be in a federal case with different deadlines and procedures, and the value of speaking with an attorney rises sharply.