Agresta v. City of Maitland

I agree with the majority that in some instances the Florida Contraband Forfeiture Act (“FCFA”)5 serves a punitive purpose.6 I also agree that when forfeitures under the FCFA are not solely remedial, they are subject to an excessive fines analysis. See Austin v. United States, 509 U.S. 602, 621-22, 113 S.Ct. 2801, 125 L.Ed.2d 488 (1993) (holding that in rem civil forfeitures that serve in part as punishment are subject to an Eighth Amendment excessive fines analysis). However, I disagree with the majority view that the forfeiture in this case is excessive.7 Accordingly, after further review,…