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In re Forfeiture of 1978 Chevrolet Van Vin: CGD1584167858

Supreme Court of Florida
493 So. 2d 433 (1986)
ELI5:

Rule of Law:

Article I, Section 22 of the Florida Constitution guarantees the right to a trial by jury in statutory civil forfeiture proceedings because this type of action is analogous to common law proceedings that were tried by a jury when Florida's first constitution was adopted in 1845.


Facts:

  • In November 1983, Lloyd Green was arrested for the sale, delivery, or possession with intent to sell a controlled substance.
  • At the time of his arrest, law enforcement seized Green's 1978 Chevrolet van.
  • Authorities also seized Green's .45 caliber handgun.
  • Over $4,000 in cash belonging to Green was also seized at the scene.

Procedural Posture:

  • The Broward County Sheriff initiated forfeiture proceedings against Lloyd Green's personal property in a Florida trial court.
  • Green made a timely request for a jury trial, which the trial court denied.
  • Following a bench trial, the trial court entered a final order of forfeiture.
  • Green, as appellant, appealed the order to the Florida Fourth District Court of Appeal.
  • The Fourth District Court of Appeal, finding that Green was entitled to a jury trial, reversed the trial court's order and remanded the case for a new trial.
  • The Florida Supreme Court granted review to resolve a direct conflict between the decision of the Fourth District Court of Appeal and a decision from the First District Court of Appeal.

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Issue:

Does Article I, Section 22 of the Florida Constitution provide a right to a jury trial in civil forfeiture proceedings instituted under Florida's Contraband Forfeiture Act?


Opinions:

Majority - Ehrlich, Justice

Yes. Article I, Section 22 of the Florida Constitution secures the right to a jury trial in statutory civil forfeiture proceedings. The constitutional right to a jury trial is not limited to the specific legal actions that existed in 1845 but extends to new statutory proceedings that are of a like nature to those that were tried by jury at common law. The correct inquiry is not whether the specific forfeiture statute existed at common law, but whether the type of proceeding—a civil forfeiture in rem—was known to the common law and afforded a jury trial. Based on a historical analysis of English and American practice, civil forfeiture proceedings for property seized on land were tried by a jury in common law courts. Therefore, the legislature cannot abrogate this constitutionally preserved right by creating a statute that provides for a summary (non-jury) proceeding.



Analysis:

This decision significantly clarifies the scope of the Florida constitutional right to a jury trial, confirming that the right is not frozen in time to the specific causes of action existing in 1845. It establishes that the right attaches to the fundamental nature of a legal action, thereby extending constitutional protection to modern statutory proceedings that are analogous to their common law counterparts. This precedent protects the jury trial right from legislative encroachment, preventing the legislature from creating new summary proceedings to circumvent a constitutional guarantee for actions that have historical roots in the common law.

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