www.criminallegalnews.org

FTA:

Florida is still one of the most prolific practitioners of civil asset forfeiture in the United States, seizing $47.8 million in the 2018-2019 fiscal year despite the 2016 reformations setting higher standards necessary to prevail in a successful forfeiture.

Civil rights activists have complained that police departments abuse civil forfeiture laws more for profit than use for any legal means of criminal punishment or deterrence. Property and cash are seized with the most tenuous claim of being involved in a crime. Once police have possession, it is virtually impossible for owners to regain their property. Making matters worse, no arrest is even necessary for civil forfeitures.

Civil forfeiture has been criticized as a discriminatory practice used against the poor who lack the means to hire an attorney to fight for the return of their property, and without the assistance of an attorney, the chances of recovering property are exceptionally slim. A large percentage of forfeitures result from traffic violations or involve property under $2,500 in value. An alarming percentage of seized property is never recovered because the owners can't afford the expense required.

The Institute for Justice ("IJ") reported in 2018 that Florida took in more revenue from civil forfeiture than any other state. The more stringent rules passed by the Legislature were easily circumvented through the equitable sharing program with the U.S. Department of Justice ("DOJ"), allowing Florida to retain up to 80% of the seized property value. Moreover, little to no oversight has permitted police departments to spend these proceeds however they choose.