Asset Forfeiture Attorneys in Florida

Forfeiture counseling often requires separating three threads:

1. Florida Contraband Forfeiture Act proceedings in state court under Chapter 932
2. Criminal prosecution that may (or may not) proceed alongside the property case
3. Federal forfeiture or “adoption” / equitable sharing when a Florida seizure is referred to a federal agency

Federal adoption can change deadlines, forums, and settlement dynamics. Floridians should not assume that stronger state-law protections automatically control if the matter is moved into a federal forfeiture track. Early identification of which sovereign is holding the property is essential.

After seizure, Florida law requires prompt notice and provides paths to challenge probable cause, including an adversarial preliminary hearing in circumstances described in sections 932.703 and 932.704. If no hearing is requested, the court may still review the complaint and verified affidavit for probable cause.

Key Florida timing points owners should calendar (confirm against current statute text and the papers served): mailed notice rights for an adversarial preliminary hearing; generally 15 days after receiving notice to request that hearing in writing; the agency’s duty to promptly proceed (file the forfeiture complaint, generally within 45 days after seizure); and typically 20 days after receipt of the complaint and probable-cause finding to file responsive pleadings. Missing a deadline can forfeit more than property. It can forfeit options.

Missing a notice or hearing window can severely limit options. Owners should preserve every document served at the scene or mailed afterward, note the seizing agency’s name, and contact counsel quickly. Fee-shifting provisions in section 932.704 can apply in limited situations (including certain findings of no probable cause or lack of good faith), but they are not a substitute for timely action.

Florida’s Act recognizes that not every person with an interest in seized property participated in wrongdoing. Innocent-owner concepts, bona fide security interests, and related defenses can be decisive for co-owners, lenders, spouses, and employers whose property was used by someone else. Proof still matters: title paperwork, loan documents, employment policies, and communications about authorized use can become evidence.

For Florida family businesses, the question is often whether the company can survive the time the asset is unavailable. Counseling may include bond or release options where available, negotiation with the seizing agency, and coordinated strategy with any criminal defense counsel so property decisions do not create unintended admissions.

• Large amounts of cash seized during a traffic stop on I-95, the Turnpike, or other Florida corridors
• Vehicles or vessels seized after an arrest on drug, fraud, or theft allegations
• Equipment or accounts tied to a restaurant, marina, dive shop, farm, or other Florida business
• Property seized locally that later appears in a federal forfeiture or equitable-sharing discussion

Each scenario turns on the statute, the agency’s paperwork, and the owner’s documentation. There is no one-size script.

We help Florida clients evaluate seizure notices, calendar statutory deadlines, prepare claims and hearing requests, challenge weak probable-cause showings, assert innocent-owner and lienholder interests, and coordinate property strategy with related criminal or administrative matters. Alexander Penalta’s litigation background includes civil, criminal, and administrative forums, which is often where forfeiture disputes actually live.

This page is educational information about Florida forfeiture concepts. It is not legal advice for any particular seizure. Outcomes depend on facts, statutes, and court rulings in your case.

Call Ava, our Super Intelligence intake assistant and team member, at (386) 847-5335 for brief intake. Ava does not replace the human attorney. Request a paid consultation when needed.