City of Ormond Beach v. Kosmalski

GOSHORN, Chief Judge.

The question presented by this appeal is whether a final judgment in a civil forfeiture action1 may be set aside in a separate criminal prosecution pursuant to a plea agreement entered into after the timely filing of the forfeiture action. The answer is no and we reverse.

William Kosmalski was arrested within the city limits of Ormond Beach, Florida and the 1985 Buick he was driving was impounded. On April 2, 1990, he pled nolo contendere to carrying a concealed firearm in his Buick and unlawful possession of a controlled substance. As a part of the plea agreement, the…