CITY OF CORAL GABLES, APPELLANT,
v.
LUIS RODRIGUEZ, APPELLEE
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A defendant is not entitled to the return of their vehicle during the pendency of forfeiture proceedings.
[1] A vehicle used to transport contraband is subject to forfeiture under the Florida Contraband Forfeiture Act.
[2] Title to contraband property vests in the state immediately upon seizure by a law enforcement agency.
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Join FLexlaw to unlock all legal intelligenceLuis Rodriguez's van was impounded following his arrest. The City of Coral Gables commenced forfeiture proceedings against the van. After the criminal…
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BASKIN, Judge.
The City of Coral Gables appeals an order returning personal property during the pendency of forfeiture proceedings. We reverse.
Luis Rodriguez was arrested for burglary, grand theft and possession of burglary tools. His van was impounded as a result of the arrest. On May 8, 1990, the City of Coral Gables commenced a forfeiture action against the van. After the case against Rodriguez, was “no actioned”, he requested the trial court to order the return of the vehicle. The trial court granted the motion, and on May 9, 1990, entered an order requiring that the van be returned.
The Florida Contraband Forfeiture Act, sections 932.701-932.704, Florida Statutes, provides for the seizure of any vessel, vehicle, or personal property used to transport, carry, convey or conceal any contraband article. “All rights and interest in and title to contraband articles or contraband property used in violation of s. 932.-702 [sic] shall immediately vest in the state upon seizure by a law enforcement agency.” § 932.703(1), Fla.Stat. (1989). Section 932.703(1), Florida Statutes (1989), provides that no action for "replevin nor any other action to recover any interest in such property shall be maintained in any court, except as provided in this act; however, such action may be maintained if forfeiture proceedings are not initiated within 90 days after the date of seizure.”
The City’s forfeiture proceeding was pending at the time the court ordered the return of the property. “[A] defendant is not entitled to have his vehicle returned during the pendency of the forfeiture proceeding.” City of Miami v. Barclay, 563 So. 2d 203, 204 (Fla. 3d DCA 1990); McLane v. Youngblood, 544 So. 2d 1179 (Fla. 2d DCA 1989); see Lamar v. Universal Supply Co., 479 So. 2d 109 (Fla.1985); City of Pompano Beach v. General Mobile Home Brokers, 493 So. 2d 97 (Fla. 4th DCA 1986). Consequently, Rodriguez’s motion and the court’s disposition of the motion were premature. Barclay. We therefore reverse the order returning the property to Rodriguez.
Reversed.
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Citator
Cited By
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Sarmiento v. State, 816 So. 2d 826 (Fla. 3d DCA 2002)…he petition. See City of Miami v. Barclay, 563 So. 2d 203 (Fla. 3d DCA 1990) (owner not entitled to return of property during pendency of forfeiture proceedings even in the absence of formal charges against owner); City of Coral Gables v. Rodriguez, 568 So. 2d 1302 (Fla. 3d DCA 1990). Affirmed.…
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City OF Ormond Beach v. Kosmalski, 588 So. 2d 35 (Fla. 5th DCA 1991)…n order directing the return of a vehicle to its owner because a forfeiture proceeding had been timely filed by the City of Coral Gables and was pending at the time the criminal court ordered the vehicle’s return. See also Coral Gables v. Rodriguez, 568 So. 2d 1302 (Fla. 3d DCA 1990). In City of Pompano Beach v. General Mobile Home Brokers, Inc., 493 So. 2d 97, 98 (Fla. 4th DCA 1986), an order granting replevin of the defendant’s boat was reversed because “[sjection 932.703(1), Florida Statutes (1983), preclud…
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City OF Coral Gables v. Valdes, 582 So. 2d 148 (Fla. 3d DCA 1991)…ay be maintained if forfeiture proceedings are not initiated within 90 days after the date of seizure. Section 932.703(1), Fla.Stat. (1989). See also Lamar v. Universal Supply Co., Inc., 479 So. 2d 109 (Fla.1985); City of Coral Gables v. Rodriguez, 568 So. 2d 1302 (Fla. 3d DCA 1990); City of Miami v. Barclay, 563 So. 2d 203 (Fla. 3d DCA 1990). Since [*149] Valdes moved to have his jeep returned within ninety days from the date the jeep was seized, the trial court lacked jurisdiction to order that the jeep be…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lawson L. Lamar v. Universal Supply Co., Inc., 479 So. 2d 109 (Fla. 1985)
- City OF Miami v. Barclay, 563 So. 2d 203 (Fla. 3d DCA 1990)
- City OF Pompano Beach v. Gen. Mobile Home Brokers, Inc., 493 So. 2d 97 (Fla. 4th DCA 1986)
- McLANE v. Harmon Youngblood, 544 So. 2d 1179 (Fla. 2d DCA 1989)
- Mains v. State, 544 So. 2d 1179 (Fla. 2d DCA 1989)