Lamar v. Hayes

FRANK D. UPCHURCH, Jr., Judge.

Lawson Lamar, as Sheriff of Orange County, appeals a final judgment denying forfeiture of a 1976 Chevrolet Corvette owned by Karin Hayes. The sole question in this case is who has the initial burden of proof in a forfeiture action.

Section 932.704(2), Florida Statutes (1981), provides the only legislative guidance for the courts to follow in forfeiture *308of property for which title or registration is required. It provides in part:

[T]he state attorney ... shall give notice of the forfeiture proceedings by registered mail ... to each person having such security…