Fla. Stat. 849.43
Judgment of forfeiture

On final hearing the return of the sheriff to the clerk of the circuit court shall be taken as prima facie evidence that the property seized was or had been used in, or in connection with, the violation of the statutes and laws of this state prohibiting lotteries and gambling in this state and shall be sufficient predicate for a judgment of forfeiture in the absence of other proofs and evidence. The burden shall be upon the claimants to show that the property was not so used or if so used that they had no knowledge of such violation and no reason to believe that the seized property was or would be used for the violation of such statutes and laws. Where such property is encumbered by a lien or retained title agreement under circumstances wherein the lienholder had no knowledge that the property was or would be used in violating such statutes and laws, and no reasonable reason to believe that it might be so used, then the court may declare a forfeiture of all other rights, titles and interests, subject, however, to the lien of such innocent lienholder, or may direct the payment of such lien from the proceeds of any sale of the said property. The proceedings and the judgment of forfeiture shall be in rem and shall be primarily against the property itself. Upon the entry of a judgment of forfeiture the court shall determine the disposition to be made of the property, which may include the destruction thereof, the sale thereof, the allocation thereof to some governmental function or use, or otherwise as the court may determine. Sales of such property shall be at public sale to the highest and best bidder therefor for cash after 2 weeks’ public notice as the court may direct. Where the property has been delivered to a claimant upon the posting of a bond the court shall determine the value of the property or portion thereof subject to forfeiture and shall enter judgment against the principal and surety of the bond in such amount for which execution shall issue in the usual manner. Upon the application of any claimant the court may fix the value of the forfeitable interest or interests in the seized property and permit such claimant to redeem the said property upon the payment of a sum equal to said value, which sum shall be disposed of as would the proceeds of a sale of the said property under a judgment of forfeiture.

Source: Section 849.43 — Judgment of forfeiture, https://www.­flsenate.­gov/Laws/Statutes/2024/0849.­43 (accessed Aug. 7, 2025).

849.01
Keeping gambling houses, etc 849.02
Agents or employees of keeper of gambling house 849.03
Renting house for gambling purposes 849.04
Permitting minors and persons under guardianship to gamble 849.05
Prima facie evidence 849.07
Permitting gambling on billiard or pool table by holder of license 849.08
Gambling 849.09
Lottery prohibited 849.10
Printing lottery tickets, etc., prohibited 849.11
Plays at games of chance by lot 849.12
Money and prizes to be forfeited 849.13
Punishment on second conviction 849.14
Unlawful to bet on result of trial or contest of skill, etc 849.15
Manufacture, sale, possession, etc., of slot machines or devices prohibited 849.16
Machines or devices which come within provisions of law defined 849.17
Confiscation of machines by arresting officer 849.18
Disposition of machines upon conviction 849.19
Property rights in confiscated machine 849.20
Machines and devices declared nuisance 849.21
Injunction to restrain violation 849.22
Fees of clerk of circuit court and sheriff 849.23
Penalty for violations of ss 849.25
“Bookmaking” defined 849.26
Gambling contracts declared void 849.29
Persons against whom suits may be brought to recover on gambling contracts 849.30
Plaintiff entitled to writs of attachment, garnishment and replevin 849.31
Loser’s testimony not to be used against her or him 849.32
Notice to state attorney 849.33
Judgment and collection of money 849.34
Loser’s judgment 849.35
Definitions 849.36
Seizure and forfeiture of property used in the violation of lottery and gambling statutes 849.37
Disposition and appraisal of property seized under this chapter 849.38
Proceedings for forfeiture 849.39
Delivery of property to claimant 849.40
Proceeding when no claim filed 849.41
Proceeding when claim filed 849.42
State attorney to represent state 849.43
Judgment of forfeiture 849.44
Disposition of proceeds of forfeiture 849.45
Fees for services 849.46
Exercise of police power 849.085
Certain penny-ante games not crimes 849.086
Cardrooms authorized 849.091
Chain letters, pyramid clubs, etc., declared a lottery 849.092
Motor fuel retail business 849.094
Game promotion in connection with sale of consumer products or services 849.141
Bowling tournaments exempted from chapter 849.142
Exempted activities 849.231
Gambling devices 849.232
Property right in gambling devices 849.233
Penalty for violation of s 849.235
Possession of certain gambling devices 849.251
Wagering, aiding, abetting, or conniving to race or wager on greyhounds or other dogs 849.0915
Referral selling 849.0931
Bingo authorized 849.0935
Charitable, nonprofit organizations

Current through Fall 2025

§ 849.43. Judgment of forfeiture's source at flsenate​.gov