Motion to Stay a Forfeiture Proceeding in Florida

What happens if property is seized under the Florida Contraband Forfeiture Act, but the proceeding needs to be stayed pending the resolution of the criminal case?

Many of our case are referred to us by other attorneys. In some cases, we work as co-counsel with that attorney on the case or in a consulting capacity. If your property was seized in Florida, we can help you fight to get it all back quickly.

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A “stay of forfeiture pending criminal” is a temporary halt on a forfeiture order, which is granted because of an ongoing or related criminal case. The court may issue a stay to prevent the property from being lost or destroyed while a parallel criminal case or appeal is resolved. The party requesting the stay must show that it’s necessary and the potential harm to them outweighs the harm to the other party.

The government can request a stay if its related criminal investigation or prosecution might be more difficult because of the civil forfeiture discovery process.

The person accused of a crime, if they are the claimant in the forfeiture case, might file the petition for a stay. The stay is particularly important if the agency serves the Claimant with interrogatories, requests for admissions or a notice to procedure documents, because responding might cause self-incrimination. If the defendant appeals a criminal conviction and/or the forfeiture order, the court may grant a stay to ensure the property remains available pending the appeal.

If a stay is granted, the court can still issue a temporary restraining order or take other actions to preserve the property while the stay is in effect.

The civil asset forfeiture attorneys at Sammis Law Firm recently drafted a motion to stay forfeiture proceedings pending the resolution of the related criminal case.

Local rules may require that you “meet and confer” with opposing counsel regarding the motion, as it must include a Certificate of Conferral pursuant to Florida Rule of Civil Procedure 1.202(b). We incorporate the certificate section into the motion. You must add the date you confer with opposing counsel, and whether opposing counsel stipulates to the motion.

Assuming opposing counsel agrees, you should update the title to “Unopposed Motion to Stay and Place Case in Inactive Status”, include the date of the meet and confer in the certificate of conferral, and note that the opposing party agrees to the resolution proposed in the motion. Once the parties are in agreement, you should also send opposing counsel the Proposed Order for their approval.

CLAIMANTS’ MOTION TO STAY FORFEITURE PROCEEDINGS AND
PLACE CASE IN INACTIVE STATUS
PENDING RESOLUTION OF RELATED CRIMINAL PROCEEDINGS

          COMES NOW, Claimants, __________ (hereinafter “Claimants”), by and through undersigned counsel, pursuant to Chapter 932, Florida Statutes, and within the Court’s inherent authority to manage proceedings, respectfully moves this Court for an Order staying the above-captioned forfeiture proceedings and placing the case in inactive status, pending resolution of the related and ongoing criminal matter against Claimants, and as grounds states as follows:

BACKGROUND AND PROCEDURAL POSTURE

1. On or about _______, Plaintiff, Grady Judd as Sheriff of Polk County, initiated this civil forfeiture action against Claimants in the Civil Circuit Court of Polk County, Florida, seeking forfeiture of certain property allegedly connected to criminal activity.
2. Claimants are also currently facing criminal charges in Criminal Circuit Court of Polk County Florida, Case Numbers: _______, arising from the same events and factual circumstances that form the basis of the instant forfeiture action.
3. The allegations in both the civil forfeiture case and the criminal cases are substantially intertwined, involving the same property, witnesses, and factual determinations.
4. The criminal cases remain pending, and no final adjudication has occurred.
5. The outcome of the criminal proceedings will directly impact and relate to the issues before this Court in the forfeiture action.
6. As such, a stay of the forfeiture proceedings until the criminal cases have been fully adjudicated is necessary to avoid prejudicing the Claimants, to protect their rights, promote judicial economy, and ensure the fair and efficient administration of justice.
7. Accordingly, for the reasons set forth in more detail below, Claimants respectfully request that the Court stay all proceedings in this matter until the related criminal cases have been fully adjudicated.

LEGAL STANDARD AND ARGUMENT

I. Statutory Authority

The Florida Contraband Forfeiture Act, codified at Chapter 932, Florida Statutes, governs civil forfeiture actions in the state. While the Act does not expressly mandate a stay pending related criminal proceedings, it contemplates parallel civil and criminal actions and recognizes the potential for overlap in factual and legal issues.

Florida courts routinely exercise their inherent judicial authority to provide enlargements of time and stay cases under the Florida Rules of Civil Procedure, Rule 1.090(b), where the movant making a showing of cause. The existence of a related criminal case arising from the same facts constitutes “good cause” for the court to exercise its inherent authority to stay a proceeding where a civil action may compromise a claimant’s rights or the integrity of the criminal process.

Federal forfeiture law provides for a mandatory stay of a civil forfeiture proceeding where the court determines civil discovery will adversely affect the government’s ability to conduct a related criminal investigation or prosecution (see 18 U.S.C. § 981(g)(1)). While federal law is not controlling here, § 981(g) illustrates the recognized risk that civil-forfeiture discovery and litigation can interfere with criminal prosecutions and supports the appropriateness of stays in parallel matters.

     a. Protection of Constitutional Rights

The primary justification for staying the forfeiture proceedings is the need to safeguard the claimants’ constitutional rights, particularly those guaranteed by the Fifth Amendment. When civil and criminal cases arise from the same facts, compelling claimants to participate in civil discovery or trial may force them to choose between defending their property interests and exercising their right against self-incrimination.

     b. Judicial Economy and Consistency

Granting a stay promotes judicial economy and prevents the risk of inconsistent rulings. The issues in the forfeiture action and the criminal case are substantially intertwined, involving the same property, witnesses, and factual determinations. Proceeding with the forfeiture case while the criminal matter is unresolved could result in duplicative litigation, unnecessary expenditure of judicial resources, and potentially conflicting outcomes. By staying the civil proceedings, the Court ensures that the criminal case—which carries more severe consequences and may be dispositive of key factual issues—is resolved first. This approach is consistent with the principles articulated in Florida appellate decisions and serves the interests of justice.

     c. Prejudice to Claimants

If the forfeiture case proceeds prior to the resolution of the criminal matter, the Claimants will be placed in an untenable position. They must either participate in civil discovery and risk self-incrimination or assert their Fifth Amendment rights and potentially forfeit their property interests by failing to defend the civil action. This choice is precisely the type of prejudice that courts seek to avoid by granting a stay. The Florida Rules of Civil Procedure, Rule 1.090(b), empower the Court to order a stay “for good cause shown,” and the existence of a related criminal case arising from the same facts constitutes good cause where proceeding with the civil action may compromise the defendant’s rights or the integrity of the criminal process.

     d. Balancing of Interests

In determining whether to grant a stay, courts balance the interests of the parties, the public, and the judicial system. The Plaintiff may argue that a stay delays the resolution of the forfeiture action and the recovery of property allegedly connected to criminal activity. However, this interest is outweighed by the need to protect the Claimants’ constitutional rights and to ensure the fair administration of justice. The public interest is best served by allowing the criminal case to proceed without interference from parallel civil litigation, thereby preserving the integrity of both proceedings.

Moreover, the Florida Contraband Forfeiture Act contemplates the possibility of parallel civil and criminal actions and recognizes the potential for overlap in factual and legal issues. While the Act does not expressly mandate a stay, it provides the Court with the discretion to manage its docket in a manner that promotes fairness and efficiency. Florida courts have consistently exercised this discretion to stay civil forfeiture proceedings where the interests of justice so require.

The facts of this case—intertwined civil and criminal actions, overlapping factual and legal issues, and the risk of prejudice to Claimants —fall squarely within the circumstances in which a stay is appropriate. The Court should exercise its discretion to stay the forfeiture proceedings until the criminal case has been fully adjudicated, thereby protecting the rights of the Claimants, promoting judicial economy, and ensuring the fair and efficient administration of justice.

REQUEST FOR RELIEF

WHEREFORE, Claimants respectfully request that this Court enter an order staying all proceedings in the above-captioned civil forfeiture action, including but not limited to: discovery, motions, hearings, and trial, pending the final resolution of the related criminal cases currently pending in the Criminal Circuit Court of Polk County, Florida, Case Numbers: ______, as to _______, and such other relief as the Court deems just and proper.

CERTIFICATE OF CONFERRAL PURSUANT TO FLA. R. CIV. P. 1.202(b)

I certify that prior to filing this motion, I discussed the relief requested in this motion by way of email correspondences on October 15, 2025, October 16, 2025 and October 24, 2025, with the opposing party, and the opposing party agrees to the resolution proposed in this motion.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to ______, Attorney for the Petitioner, via Electronic Mail to _______ on the 24th day of October, 2025.

ORDER GRANTING CLAIMANTS’ UNOPPOSED MOTION TO STAY FORFEITURE PROCEEDINGS AND
PLACE CASE IN INACTIVE STATUS
PENDING RESOLUTION OF RELATED CRIMINAL PROCEEDINGS

THIS CAUSE coming before the Court on the Claimants’ Unopposed Motion to Stay Forfeiture Proceedings and Place Case In Inactive Status Pending Resolution of Related Criminal Proceedings, filed on October 24, 2025, and the Court having considered the motion and notice being given to all parties concerning the motion, it is hereby ORDERED AND ADJUDGED as follows:

1. Claimants’ Unopposed Motion to Stay Forfeiture Proceedings and Place Case In Inactive Status Pending Resolution of Related Criminal Proceedings is hereby GRANTED.
2. The matter shall be placed in inactive status, until such time as both claimants’ criminal cases, case numbers: _______, have been resolved.
3. There parties hereby agree; however, to an express exception allowing the civil court to hear and rule upon motions to extend or modify the notice of lis pendens, and enter any order necessary to protect against disposal, waste, or continued illegal use of property.

DONE AND ORDERED in Polk County, Florida, on this ____ day of _______________, 2025.

___________________________

Circuit Court Judge

This article was last updated on October 24, 2025.