The Florida forfeiture statute allows the government to take the property of people when that property was used in conjunction with certain criminal activity or represents the proceeds of certain criminal activity. As an example, if the police arrest someone immediately after a drug transaction and the defendant is found with $10,000 in cash upon the arrest, the police are going to take that money and attempt to forfeit by claiming it is the proceeds of illegal drug activity.
The government will attempt to forfeit a person’s property in many other situations, even when they do not even make any arrests or bring any criminal charges. If the state can establish by a preponderance of the evidence (50+%) that the property was used to facilitate certain criminal activity or is the proceeds of certain criminal activity, they may be entitled to keep that property.
What happens when the state believes a person made money from criminal activity but cannot actually trace that money that is the proceeds of the criminal activity? In those cases, the state will look for any other assets the suspect has and try to forfeit them as substitute assets.