DANIEL F. BLAUVELT, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Kern v. State, 706 So. 2d 1366 (Fla. 5th DCA 1998)
  …neither the record nor the judgment in the criminal case is admissible in the civil action seeking in rem forfeiture. State v. DuBose, 152 Fla. 304, 11 So. 2d 477 (1943); City of Miami v. Barclay, 563 So. 2d 203 (Fla. 3d DCA 1990); Knight v. State, 336 So. 2d 385 (Fla. 1st DCA 1976), cert. denied, 345 So. 2d 424 (Fla.1977). The “post-acquittal” procedure used in this case does not provide the constitutional safeguards required for forfeiture. See Dept. of Law Enforcement, 588 So. 2d at 961. Nor does it addr…
• Tyvessel Tyvorus White v. State, 680 So. 2d 550 (Fla. 1st DCA 1996)
• Marks v. State, 416 So. 2d 872 (Fla. 5th DCA 1982)
  …lding derives from the fact that forfeiture proceedings are civil in nature and the record and judgment in criminal actions are not admissible in civil forfeiture proceedings. State v. Dubose, 152 Fla. 304, 11 So. 2d 477 (Fla.1943). Knight v. State, 336 So. 2d 385 (Fla. 1st DCA 1976).6 We agree with our sister court that proof of a conviction is not necessary. Forfeiture is a civil remedy and the law does not and never has required proof beyond a reasonable doubt to sustain the plaintiff’s case. The legislat…

Authorities Cited

• Young v. State, 327 So. 2d 127 (Fla. 2d DCA 1976)