FWC Seizures of Property for Forfeiture

The Florida Fish and Wildlife Conservation Commission (FWC) has limited authority to seize property including vehciles, boats, vessels, nets, weapons, hunting devices, wildlife, and fish that were used in the illegal taking or possession of natural resources.

FWC might seize property under the provisions of the Florida Contraband Forfeiture Act or other specific provisions of Chapter 379 related to specific offenses triggering criminal asset forfeiture provisions.

Under Florida Statute Section 379.332(1), the “prosecuting officers of the several courts of criminal jurisdiction of this state shall investigate and prosecute all violations of the laws relating to game, freshwater fish, nongame birds, and fur-bearing animals which may be brought to their attention by the commission or its conservation officers, or which may otherwise come to their knowledge.” 

Under Florida Statute Section 379.332(2), the “state attorney shall represent the state in any forfeiture proceeding under this chapter. The Department of Legal Affairs shall represent the state in all appeals from judgments of forfeiture to the Supreme Court. The state may appeal any judgment denying forfeiture in whole or in part that may be otherwise adverse to the state.”

Attorney for FWC Seizures of Property for Forfeiture

If your property was seized but you had no knowledge of or involvement in the illegal activity, you can request a hearing with the FWC Division of Law Enforcement to reclaim it.

You must file this request within twenty one (21) days of receiving the notice of seizure Florida Statutes § 379.339 or the Florida Contraband Forfeiture Act.

The attorneys at Sammis Law Firm are experienced in filing demands for an adversarial preliminary hearing under the Florida Contraband Forfeiture Act or a specific provision of Section 379. We can help you prepare the demand for a hearing and make sure it is property filed within the deadline.

Under Florida Statute Section 372.73, the court might declare the forfeiture of game and freshwater fish properly seized prior to conviction be donated to a hospital or charitable institution and retained by the Fish and Wildlife Conservation Commission for later production in court, if necessary.

In addition to physical seizures, a Florida court may order the suspension or complete forfeiture of any fishing, hunting, or boating licenses or permits issued to a person found guilty of wildlife or fisheries violations Florida Statutes § 379.401(6).

Contact an experienced civil asset forfeiture attorney at Sammis Law Firm. You can fill out our form on the right side of this page.

For a free and confidential consultation, call 813-250-0500.

FWC Forfeitures under Section 379.339

Section 379.339 provides a mechanism for FWC to seize the following types of property in order to protect the state’s wildlife resources when that property is used or attempted to be used in connection with, as an instrumentality of, or in aiding and abetting in the commission of an offense prohibited by s. 379.404:

• a vehicle
• a vessel
• an animal
• a gun
• a light used for hunting
• other hunting device

Read more about crimes and violations investigated by FWC. Section 379.339 has various criminal forfeiture provisions that are distinct from the provisions of chapter 932 for the Florida Contraband Florida Act. For that reason, the rules under the FCFA might not apply.

Instead, the following rules apply to criminal forfeitures under Section 379.339:

• For purposes of this section, a conviction is any disposition other than acquittal or dismissal. In this case, these forfeiture are more akin to criminal forfeitures than civil forfeitures.
• The statutes distinguishes between a first and subsequent conviction:
  • After a first conviction, the court having jurisdiction over the criminal offense, may make a finding that the property was used in connection with a violation of s. 379.404. Upon such finding, the court may order the property forfeited to the commission.
  • After a second or subsequent conviction, the court shall order the forfeiture to the commission of any property used in connection with that violation.

As explained in Section 379.339(2), the requirement for a conviction before forfeiture establishes, to the exclusion of any reasonable doubt, that the property was used in connection with that violation.

Prior to the issuance of a forfeiture order for any vessel, vehicle, or other property under subsection (1), the commission shall seize the property and notify the registered owner, if any, that the property has been seized by the commission.

Under Section 379.339(3), FWC must notify the registered owner of the property seized under this section by certified mail within 14 days after seizure. If the FWC, after diligent inquiry, cannot ascertain the registered owner, the notice requirement is satisfied.

Under Section 379.339(4)(a), for a first conviction of an offense under s. 379.404, property seized by the commission shall be returned to the registered owner if the commission fails to prove by a preponderance of the evidence before the court having jurisdiction over the criminal offense that the registered owner aided in, abetted in, participated in, gave consent to, knew of, or had reason to know of the offense.

Under Section 379.339(4)(b), upon a second or subsequent conviction for an offense under s. 379.404, the burden shall be on the registered owner to prove by a preponderance of the evidence before the court having jurisdiction over the criminal offense that the registered owner in no way aided in, abetted in, participated in, knew of, or had reason to know of the second offense which resulted in seizure of the lawful property.

Under Section 379.339(4)(c), any request for a hearing from a registered owner asserting innocence to recover property seized under these provisions must be sent to the commission’s Division of Law Enforcement within 21 days after the registered owner’s receipt of the notice of seizure.

If a request for a hearing is not timely received, the court shall forfeit to the commission the right to, title to, and interest in the property seized, subject only to the rights and interests of bona fide lienholders.

Under Under Section 379.339(5), any money received from the sale or other disposition of the property shall be paid into the State Game Trust Fund. If the property is not sold or converted, it shall be delivered to the executive director of the commission.

Property Receipt Issued by FWC

When Florida Fish and Wildlife Conservation Commission (hereinafter “FWC”) seizes property, it might issue a “property receipt” on Form FWCDLE 029 (09/16). The property receipt lists the following information:

• County Where Seized:
• Date Seized:
• Time Seized:
• Facility Location:
• FWC Telephone #:
• Incident #:
• Citation #:
• Evidence Tracing #:
• Exact location where property was seized:
• Type of Seizure:
  • ☐ Federal
  • ☐ State
  • ☐ Misdemeanor
  • ☐ Felony
• Owner Notified: ☐ Yes ☐ No
  • Method: ______
• Charge(s)or Type of Offense:
• Purpose of Seizure:
  • ☐ Trial
  • ☐ Recovery
  • ☐ Constructive Seizure
  • ☐ Investigation
  • ☐ Safekeeping
  • ☐ Laboratory
  • ☐ Lost/Abandoned
• Codes:
  • CD = Co-Defendant
  • C = Claimant
  • D = Defendant
  • O = Owner
  • P = Possessor
  • S = Suspect
• Code | Name (Last, First, Middle) | Race/Sex | DOB | Address | Telephone #
• Item# | Qty | Description of Seized Property
• EVIDENCE CUSTODIAN ONLY: Storage Location – _________________
• NOTICES – The Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement hereinafter is referred to as “FWC.”
  • UNCLAIMED EVIDENCE: Pursuant to F.S. 705.105 title to unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the court or clerk of the court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding. If the owner (or their legally appointed agent) does not contact FWC prior to the conclusion of the 60 day period, and there is no request or motion to return property or to appeal, items may be disposed of by FWC.
  • LOST/ ABANDONED PROPERTY: Pursuant to F.S. 705.103 property will be held for 90 days from the date of seizure. The rightful owner or a person who initiates a claim for lost/abandoned property must contact FWC and follow the procedure outlined in Florida Statute and the policies of the FWC. If after 90 days, of which the first 45 days the Agency published intent to dispose, no owner or proper legal claim for the lost/abandoned property occurs, the property may be disposed by FWC.
  • ARRESTEE/ PRISONER PROPERTY: Property maintained for safekeeping by FWC, but not evidentiary in value will be held for 90 days. After 90 days, if the owner (or legally appointed agent for the owner) is unable to retrieve their property, the property will be identified as abandoned and disposed, pursuant to F.S. 705.103. Property cannot be shipped to a correctional facility.
  • OPTION: By my signature, _________ / print name I authorize FWC to dispose/destroy item number(s) _as listed above, prior to the 90 day period.
  • FLORIDA CONTRABAND AND FORFEITURE ACT: Pursuant to F.S. 932.701-932.704, proceeding shall be conducted by the FWC Legal Office.
• Possessor
  • I hereby acknowledge that the items listed herein represent property taken from my possession and that I have received a copy of this receipt for my records. Should any of the above “NOTICES” apply to me, I am responsible for contacting the FWC Division of Law Enforcement at the telephone number indicated above.
  • Signature: ________________
• Seizing or Impounding Officer
  • I hereby acknowledge that the abøve represents allproperty impounded by me in the official performance of my duty as a law enforcement officer:
    • Signature: _______________
    • Print name: _______________
    • ID #: __________
• DESTRUCTION WITNESSED BY:
  • Type or Print Name
  • ID#
  • Signature
  • Date
• CHAIN OF CUSTODY
  • Item #
  • Reason for Transfer In/Out Transfer
  • Method of Transfer In/Out Transfer
  • In Person/Mail
  • Print Name and Sign
  • Rank or Responsibility
  • Date
  • Time
• Copies Must Be Provided To:
  • Original- Property | Evidence Records Custodian
  • Copy- DLE Region Office
  • Copy- Possessor | Owner | Recipient

FWC’s Standard Operating Procedures Related to Property Seizures for Forfeiture

Under the standard operating procedures for “PROPERTY ACQUISITIONS” found in 5.8.2(a)(2)(b), FWC’s decision to accept forfeited property with attached liens will rest with the Director of the Division of Law Enforcement. This decision will be made based on whether the Commission has sufficient funds to satisfy any associated liens.

The Regional Commander in Law Enforcement is responsible for providing information relating to forfeited property to the Asset Management Section in a timely manner. This information will include the condition and current fair market value of the property in addition to the following:

1. Automobile & Watercraft
2. Original or certified copy of court order
3. Fair market value
4. Property Donation /Confiscation Information Tracking (PDCIT) form
5. Firearms and Other Property (if determined by Regional Commander in Law Enforcement to meet the definition of property)
   • Copy of forfeiture order
   • PDCIT form with forfeiture information completed including the fair market value and the organizational code. The Asset Management Section shall issue property decals after receiving the above information.

Under the standard operating procedures for property acquisitions, FWC’s procedures under 5.8.2 for seized equipment follows the Division of Law Enforcement’s General Order 16. Seized equipment becomes property when it is forfeited and meets the definition of property. See 5.8.2.C for additional info on forfeitures.

This article was last updated on Thursday, May 28, 2026.