IN RE FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY: 1973 BUICK: FLORIDA TAG NO. GVM-847; VIN. 4Y87U3H530745. NAPLES POLICE DEPARTMENT, A DEPARTMENT OF THE CITY OF NAPLES, A MUNICIPAL CORPORATION, APPELLANT,
v.
HERBERT VALENTINO SMALL, APPELLEE
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The Naples Police Department appealed a trial court's denial of a civil forfeiture petition for a vehicle containing methaqualone tablets. The appellate court reversed, holding that under a revised statute effective July 1, 1980, vehicles containing a felony amount of contraband are subject to automatic forfeiture regardless of whether the vehicle was used to facilitate the crime.
A motor vehicle containing a felony amount of contraband is subject to forfeiture under section 932.703(1), regardless of whether the vehicle was used to facilitate the commission of the crime. The trial court erred in denying forfeiture based on a requirement that the automobile was used in facilitating the crime.
[1] A vehicle containing a felony amount of contraband is subject to forfeiture, even if the vehicle was merely the container for the contraband.
[2] A 1980 amendment to the forfeiture statute allows for forfeiture of a vehicle if it contains a felony amount of contraband, superseding prior interpretations requiring pr…
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Join FLexlaw to unlock all legal intelligence“In any incident in which possession of any contraband article defined in § 932.-701(2)(a)-(d) constitutes a felony, the vessel, motor vehicle, aircraft, and personal property in or on which such contraband article is located at the time of seizure shall be contraband subject to forfeiture.”
This quote establishes the text of the revised statute that automatically subjects vehicles containing felony amounts of contraband to forfeiture.
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Join FLexlaw to unlock all legal intelligencePolice arrested Herbert V. Small on June 9, 1981, and searched his 1973 Buick, discovering twelve Methaqualone tablets in a briefcase in the trunk. Sm…
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SCHEB, Acting Chief Judge.
Appellant, Naples Police Department, challenges the trial court’s judgment denying the state’s petition to declare appellee’s vehicle forfeited. We reverse.
After arresting Herbert V. Small on June 9, 1981, the police searched his 1973 Buick and discovered twelve Methaqualone tablets in a briefcase in the trunk of his car. Small pled nolo contendere to a charge of possession of a controlled substance, a felony under section 893.13(l)(a)(2), Florida Statutes (1981).
Thereafter the state attorney, pursuant to section 932.704(1), filed a petition on behalf of the Naples Police Department seeking to have the court declare Small’s vehicle forfeited. The trial judge concluded that the evidence at the hearing revealed that Small’s automobile contained the contraband he was charged with possessing. However, the judge stated that “under those circumstances it showed possession alone.” The court ruled that there was “no evidence here to show that the automobile was used in facilitating the commission of the crime other than that’s the container in which it was placed.” The court then denied the forfeiture and this appeal ensued.
The forfeiture statute was formerly construed to require a showing that a seized vehicle was involved in trafficking before it could be forfeited. Griffis v. State, 356 So. 2d 297 (Fla.1978). However, the statute construed in Griffis was revised in 1980 by the legislature to include a provision that if a vehicle contained a felony amount of contraband, then the state could forfeit the vehicle. State v. Peters, 401 So. 2d 838 (Fla. 2d DCA 1981). Section 932.703(1), which became effective July 1, 1980, provides:
In any incident in which possession of any contraband article defined in § 932.-701(2)(a)-(d) constitutes a felony, the vessel, motor vehicle, aircraft, and personal property in or on which such contraband article is located at the time of seizure shall be contraband subject to forfeiture.
Since the evidence established that Small’s vehicle contained the contraband he was charged with possessing, the trial court erred in failing to declare it forfeited.
We reverse and direct the trial court to enter a judgment of forfeiture.
CAMPBELL and LEHAN, JJ., concur.
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State v. Crenshaw, 548 So. 2d 223 (Fla. 1989)…462 So. 2d 1199 (Fla. 3d DCA 1985); In re Forfeiture of a 1977 Datsun 280Z, 448 So. 2d 78 (Fla. 4th DCA), review denied 453 So. 2d 43 (Fla.1984); City of Clearwater v. Malick, 429 So. 2d 718 (Fla. 2d DCA 1983), and Naples Police Department v. Small, 426 So. 2d 72 (Fla. 2d DCA 1983). We have jurisdiction.1 We hold that the legislature intended for forfeiture to be an appropriate penalty where an individual possesses a felony amount of drugs while in a vehicle, even if the drugs are intended solely for persona…1 / 2
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Dep't of Hwy. Safety & Motor Vehicles v. Pollack, 462 So. 2d 1199 (Fla. 3d DCA 1985)…Datsun 280Z Automobile, 448 So. 2d 78 (Fla. 4th DCA), review denied, 453 So. 2d 43 (Fla.1984); Williams v. Miller, 433 So. 2d 33 (Fla. 5th DCA 1983); City of Clearwater v. Malick, 429 So. 2d 718 (Fla. 2d DCA 1983); Naples Police Department v. Small, 426 So. 2d 72 (Fla. 2d DCA 1983); State v. Peters, 401 So. 2d 838 (Fla. 2d DCA 1981). But see Smith v. Hindery, 454 So. 2d 663 (Fla. 1st DCA 1984) (statute authorizing forfeiture is discretionary). While the penalty is admittedly harsh, the legislature has appare…
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Wanicka v. ONE (1) 1979 Ford Bronco, 432 So. 2d 581 (Fla. 2d DCA 1983)…forfeiture of a vehicle for transporting, concealing or possessing a contraband substance only if possession of the contraband constitutes a felony. City of Clearwater v. Malick, 429 So. 2d 718 (Fla. 2d DCA 1983); Naples Police Department v. Small, 426 So. 2d 72 (Fla. 2d DCA 1983); State v. Peters, 401 So. 2d 838 (Fla. 2d DCA 1981). The legislature amended section 932.703(1), formerly section 943.43(1), in 1980. The current statute provides that a vehicle is subject to forfeiture when the possession of the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Elbert Bryan Griffis, III v. State, 356 So. 2d 297 (Fla. 1978)
- State v. Peters, 401 So. 2d 838 (Fla. 2d DCA 1981)