Current through L. 2021, ch. 447 and L. 2021 SP1, ch. 1
Section 13-4314 - Disposition by courtA. If no claims are timely filed , the attorney for the state shall apply to the court for an order of forfeiture and allocation of forfeited property pursuant to section 13-4315. On the state's written application showing jurisdiction, notice and facts sufficient to demonstrate probable cause for forfeiture, the court shall order the property forfeited to the state.B. After the court's disposition of all claims timely filed under this chapter, the state has clear title to the forfeited property and the court shall so order. Title to the forfeited property and its proceeds is deemed to have vested in the state on the commission of the act or omission giving rise to the forfeiture under this title. C. On order of the court forfeiting the subject property, the attorney for the state may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts, by this state and by all departments and agencies of this state and any political subdivision. The attorney for the state may not transfer title to either:1. An officer or employee of the agency that seized the property or a person who is related to the officer or employee by blood or marriage.2. The attorney for the state or any individual working in the same office or any person related to the authority or individual by blood or marriage.D. On entry of judgment for a claimant or claimants in any proceeding to forfeit property under this chapter such property or interest in property shall be returned or conveyed immediately to the claimant or claimants designated by the court. The person or seizing agency that made the seizure and the attorney for the state are not personally liable to suit or judgment on account of such seizure, suit or prosecution unless the person, seizing agency or attorney for the state intended to cause injury or was grossly negligent.E. The court may award reasonable attorney fees, expenses and damages for loss of the use of the property to any claimant who substantially prevails by an adjudication on the merits of a claim. If the court finds that reasonable cause did not exist for the seizure for forfeiture or the filing of the notice of pending forfeiture, complaint, information or indictment and that the seizing agency or attorney for the state intended to cause injury or was grossly negligent, the court shall award the claimant treble costs or damages. The court must apportion the award for treble costs or damages between the agency that made the seizure and the office of the attorney for the state.Amended by L. 2021, ch. 327,s. 22, eff. 9/29/2021.Amended by L. 2017, ch. 149,s. 9, eff. 8/9/2017.