Imagine the police execute a search warrant at your home and seize cash, a vehicle, or other valuable belongings. Then comes the real surprise: even if a criminal case hasn't been resolved, the government can initiate a completely separate proceeding seeking to keep your property permanently.

That is precisely what occurred in a recent Palm Beach County investigation reported by CBS12. According to the report, the Palm Beach County Sheriff’s Office (PBSO) seized approximately $1 million in cash, a Mercedes-Benz, a Rolex, and other items from a Loxahatchee home during a drug investigation. PBSO is now petitioning the court to allow the agency to permanently keep the property through Florida's civil forfeiture process.

This scenario raises a critical question for property owners: When can the government take your property in Florida, and what can you do to get it back?

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Table of Contents

Florida Civil Asset Forfeiture image of police seizing cash

What Is Civil Asset Forfeiture in Florida?

Florida civil forfeiture is governed by the Florida Contraband Forfeiture Act (Fla. Stat. §§ 932.701–932.7062). Under this law, a law enforcement agency can seize property allegedly linked to criminal activity and ask a court to award them ownership of those assets.

Commonly Seized Property

  • Currency: Cash, bank accounts, and financial instruments

  • Vehicles: Cars, trucks, motorcycles, and boats

  • Personal Belongings: Jewelry, high-end watches, and luxury goods

  • Weapons: Firearms and tactical gear

  • Real Estate: Homes or land under specific statutory conditions

Important Distinction: Civil asset forfeiture is a proceeding against the property, not the individual. A person can find themselves fighting two concurrent legal battles stemming from a single investigation: a criminal case threatening their freedom, and a civil forfeiture case threatening their property.

"Civil" Does Not Mean the Government Automatically Wins

Despite being handled outside of criminal court, Florida law places a substantial burden on law enforcement before they can obtain a final judgment of forfeiture.

Under the Florida Contraband Forfeiture Act, the seizing agency must prove beyond a reasonable doubt that the property was used, attempted to be used, or intended to be used in violation of the Act.

This standard is significant:

  • Most civil lawsuits rely on the lower "preponderance of the evidence" (more likely than not) standard.

  • Florida forfeiture law adopts the highest evidentiary standard—beyond a reasonable doubt—which is typically reserved for criminal trials.

It is never enough for the government to argue, "We found a large sum of cash, so it must be drug money." Law enforcement must prove a direct, legally required link between the property and activity defined as contraband.

Defining "Contraband" Under Florida Law

"Contraband" includes more than just inherently illegal items like narcotics or unregistered weapons. Property that is otherwise completely legal to own can be classified as contraband based on its alleged connection to illegal activity:

  • Cash is legal.

  • A Mercedes-Benz is legal.

  • A Rolex is legal.

The central issue in a forfeiture case is whether the state can prove that your otherwise legal property meets the statutory definition of contraband.

Seizure vs. Forfeiture: Lessons from the Loxahatchee Case

In the Loxahatchee case, PBSO seized $1 million in cash, a Mercedes-Benz, and a Rolex. However, a seizure is not a final determination of ownership.

  1. Seizure: Taking physical possession of property during an ongoing investigation.

  2. Forfeiture: The legal procedure required for law enforcement to keep property permanently.

Initial police allegations reported during a pending investigation are simply allegations. The ultimate outcome of both the criminal case and the forfeiture proceeding depends on how those claims hold up in court.

How to Challenge a Florida Civil Forfeiture

You should never assume that seized property is lost forever. Florida's statutes establish explicit procedures and deadlines to challenge an improper seizure.

Defenses often depend on key legal factors:

  • Probable Cause: Did officers have valid grounds to make the initial seizure?

  • Contraband Status: Does the property legally fit the statutory definition of contraband?

  • Evidence Link: Is there sufficient evidence connecting the property to alleged criminal activity?

  • Innocent Owner Defense: Did the property owner lack knowledge of or consent to the alleged illegal activity?

  • Procedural Compliance: Did law enforcement strictly adhere to statutory timelines and notice requirements?

  • Search & Seizure Violations: Was the underlying search executed in violation of constitutional rights?

  • Third-Party Rights: Does another person or lienholder hold a legitimate interest in the asset?

Possessing Cash or Valuables Is Not a Crime

Large sums of cash frequently draw police suspicion during investigations, but possessing currency is entirely legal. Individuals and businesses maintain cash for numerous legitimate reasons. Similarly, owning luxury vehicles or high-value watches does not automatically establish that those items were purchased with criminal proceeds.

In forfeiture proceedings, the court does not ask: "Is this property valuable or suspicious?"

The legal test is: "Can the government meet its high burden of proof under Florida law to justify taking it?"

Why Your Forfeiture and Criminal Defense Strategies Must Align

If you are simultaneously facing criminal charges, statements made in an effort to recover your property can directly impact your criminal defense.

For instance, providing an uncoordinated explanation regarding the source of cash, income, or asset purchases could inadvertently provide prosecutors with evidence for the criminal case.

Because both actions stem from the same set of facts, your criminal defense and civil forfeiture defense must be built together under a single, unified strategy.

Do You Have to Be Convicted to Lose Your Property?

Not necessarily. Because civil forfeiture is a separate proceeding from criminal prosecution, property can theoretically be forfeited even if criminal charges are dropped or result in an acquittal.

Ignoring a civil forfeiture notice while focusing solely on a criminal charge can result in a default judgment, causing you to lose your property permanently due to missed deadlines.

What to Do If Police Seize Your Money or Belongings

If law enforcement seizes your property in Florida, take these proactive steps immediately:

  1. Remain Silent: Do not attempt to explain the source or ownership of property directly to police officers or investigators without legal counsel.

  2. Preserve Documentation: Collect receipts, bank records, vehicle titles, or tax returns that document legitimate ownership and funding sources.

  3. Act Quickly: Forfeiture statutes enforce strict deadlines for filing claims and requesting hearings.

  4. Consult an Attorney: Contact a defense firm experienced in both criminal defense and Florida civil asset forfeiture matters.

Speak with a Palm Beach County Civil Forfeiture Attorney

If PBSO, the West Palm Beach Police Department, Palm Beach Gardens Police, Jupiter Police, or another Florida agency has seized your property, The Law Office of Matthew Konecky, P.A. can help protect your rights.

We represent clients across Palm Beach County in navigating civil asset forfeiture alongside related criminal defense cases, including drug charges and unreasonable search and seizure defenses.

Protect your assets before legal deadlines pass. Contact our office today at 561-671-5995 to speak with attorney Matthew Konecky right away. O,r complete our online contact form to request a confidential consultation.

Frequently Asked Questions About Florida Civil Asset Forfeiture

Can Florida police just keep money they seize?

No. Seizure alone does not grant law enforcement legal ownership. To retain property permanently, the agency must initiate formal court proceedings under the Florida Contraband Forfeiture Act and meet specific legal standards.

What is the burden of proof in a Florida civil forfeiture case?

Under the Florida Contraband Forfeiture Act, the seizing agency must prove its case beyond a reasonable doubt at the trial stage. This is a significantly higher burden than the standard used in standard civil lawsuits.

Is having a large amount of cash illegal in Florida?

No. Possessing currency is not a crime regardless of the amount. The government must affirmatively prove that the cash is connected to illegal contraband activity to justify forfeiture.

Can police seize a car even if the vehicle itself isn't illegal?

Yes. Law enforcement can seize otherwise legal assets—such as cars, boats, or electronics—if they allege the property was used or intended to be used to facilitate a crime. However, keeping the property permanently requires court approval.

Is civil forfeiture the same as being charged with a crime?

No. Civil forfeiture is an in rem action directed at the property itself, whereas a criminal case is brought against an individual. While distinct, the two proceedings are closely connected and require a coordinated legal approach.

Can I fight a PBSO civil asset forfeiture case?

Yes. Florida statutes outline clear legal mechanisms for owners to contest seizures. Prompt action is critical to avoid missing court deadlines or making statements that could jeopardize a related criminal defense.

Does your firm handle civil forfeiture cases in Palm Beach County?

Yes. The Law Office of Matthew Konecky, P.A. represents property owners facing civil forfeiture and criminal defense matters throughout Palm Beach County.

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