Forfeiture in Florida Law
Forfeiture is the loss of property or rights as a penalty for legal violations. Florida's forfeiture laws apply in civil, criminal, contractual, and administrative contexts, with recent reforms requiring criminal convictions before permanent forfeiture in most cases.
Types of Forfeiture
- Civil asset forfeiture: Property connected to criminal activity (§932.701-932.707)
- Criminal forfeiture: Court-ordered as part of a criminal sentence
- Contractual forfeiture: Loss of rights for breach (e.g., earnest money)
- Administrative forfeiture: Government seizure without court proceedings
Civil Forfeiture Process
- Law enforcement seizes property based on probable cause
- Forfeiture complaint filed within 45 days
- Owner can contest in court; innocent owner defense available
- State must prove connection by clear and convincing evidence
- Criminal conviction generally required before permanent forfeiture
Seizure vs. Forfeiture
Seizure is the temporary physical taking; forfeiture is the permanent legal transfer. Property may be returned if forfeiture proceedings are not pursued or fail.
Related Terms
- Equity — Property value subject to forfeiture
- Contract — Contractual forfeiture provisions
- Encumbrance — Forfeiture as a property claim
Barnes Walker Criminal Defense
Barnes Walker's attorneys defend property owners against forfeiture actions in Florida, protecting assets and constitutional rights. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC