FL H0215

Forfeiture of property is not final and title does not pass to the state until the owner is prosecuted and convicted of a criminal act or the property is deemed contraband through court proceedings under s. 932.704.

Personal property cannot be seized without a seizure warrant issued by a judge of a trial court having jurisdiction where the property is located; only the sheriff of the county where seizure is executed may seize property.

Seizing agencies must provide owners with full documentation, receipts describing seized property and its condition, and bear custodial liability for safekeeping; owners are entitled to access property and an expedited recovery hearing upon showing potential loss of value.

Owners or users may recover damages for property damage, spoilage, or loss during prehearing possession from the jurisdiction making the seizure if the hearing finds in favor of the property owner.

Property may not be forfeited unless the seizing agency establishes by preponderance of evidence that the owner knew or should have known the property was being used in criminal activity; exceptions exist for bona fide lienholders, joint property owners, and rental/leased vehicles.

The act takes effect October 1, 2015.