Murphy v. Fortune

• Decision Date: 28 October 2003
• Docket Number: No. 1D01-3290.,1D01-3290.
• Citation: 857 So.2d 370
• Parties: Tony MURPHY, et al., Appellant, v. Kenneth W. FORTUNE Sheriff of Jefferson County, Appellee.
• Court: Florida District Court of Appeals

857 So.2d 370

Tony MURPHY, et al., Appellant, v. Kenneth W. FORTUNE Sheriff of Jefferson County, Appellee.

No. 1D01-3290.

District Court of Appeal of Florida, First District.

October 28, 2003.

Dennis E. Boothe, of Dennis E. Boothe, P.A., Tallahassee, for Appellant.

No appearance for Appellee.

HAWKES, J.

The facts of this forfeiture action are not contested. The Jefferson County Sheriff's Department seized $30,180.00 from Appellant, Tony Murphy, pursuant to section 932.703(2)(a), Florida Statutes (2000) (the Florida Contraband Forfeiture Act), during a traffic stop. Murphy was given a "Notice of Seizure" which advised him his money was seized by the Jefferson County Sheriff's Department, and it was necessary to file a written request for a post-seizure adversarial hearing with the Sheriff's Department within fifteen days if he wished to contest the seizure of his money. This hearing was to determine whether probable cause existed to believe the currency was being used in violation of the Florida Contraband Forfeiture Act.

Complying with the instructions of the "Notice of Seizure," Murphy timely requested a hearing. However, not only did the Sheriff's Department fail to hold the hearing within the required time-period, it failed to notice the hearing or respond to Murphy's request in any way. After making several additional attempts to contest the forfeiture, Murphy filed a complaint seeking the return of his money. The Sheriff's Department filed a motion to dismiss the complaint, and an evidentiary hearing was held. At the conclusion of this hearing, the trial court entered an order making findings of fact and dismissing Murphy's complaint with prejudice.

On appeal, Murphy argues that, because he timely requested a post-seizure adversarial hearing, which the Sheriff's Department failed to notice and hold within ten days of his request, his due process rights were violated, and he is entitled to the return of his seized currency. Based on the uncontested record evidence and the trial court's findings made at the conclusion of the evidentiary hearing, we agree and reverse.

Florida law is clear. Once a post-seizure adversarial hearing is requested, the seizing agency must set and notice the hearing, and the hearing must be held within ten days after the request is received or as soon as practicable thereafter. See § 932.703(2)(a), Fla. Stat. Any exception to the rule that a post-seizure adversarial hearing must be held within ten days of the claimant's request, as contemplated by the language "or as soon as practicable thereafter," is limited to extraordinary circumstances. See Chuck v. Forfeiture of 380,015.00 in U.S. Currency, 27 Fla. L. Weekly D2140, ___ So.2d ___, 2002 WL 31159461 (Fla. 3d DCA Sept.30, 2002). The Florida Contraband Forfeiture Act does not authorize government entities to delay acting on a claimant's request for an adversarial hearing for reasons such as internal scheduling, agency, attorney, or officer workload, or agency or police procedures, which result in the court's inability to schedule a timely hearing. See Dep't of Highway Safety and Motor Vehicles v. Metiver, 684 So.2d 204 (Fla. 4th DCA 1996)

. Failure to recognize the government's burden would effectively neutralize the mandate that the hearing must be held within ten days of the request. See id. at 205.

An unreasonable delay between the claimant's request for a hearing and the hearing being held constitutes a denial of due process. See Crepage v. City of Lauderhill, 774 So.2d 61 (Fla. 4th DCA 2000)

; see also Cochran v. Harris, 654 So.2d 969 (Fla. 4th DCA 1995) (affirming dismissal of...