1998 Florida Code
TITLE XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 372 Wildlife
372.315 Proceeding when claim filed.
372.315 Proceeding when claim filed.--When one or more claims are filed in the cause, the cause shall be tried upon the issues made thereby with the petition for forfeiture with any affirmative defenses being deemed denied without further pleading. Judgment by default shall be entered against all other persons, firms, and corporations owning, claiming, or having an interest in and to the property seized, after which the cause shall proceed as in other common-law cases; except any claimant shall prove to the satisfaction of the court that she or he did not know or have any reason to believe, at the time the claimant's right, title, interest, or lien arose, that the property was being used for or in connection with the violation of any of the statutes or laws of this state prohibiting the illegal use of nets, traps, or fishing devices, and further that at said time there was no reasonable reason to believe that the said property might be used for such purpose. Where the owner or user of the property has been convicted of a violation of the statutes and laws of this state prohibiting the illegal use of nets, traps, or fishing devices, such conviction shall be prima facie evidence that each claimant had reason to believe that the property might be used for or in connection with a violation of such statutes and laws, and the burden of proof shall be upon each claimant to satisfy the court that she or he was without knowledge of such conviction, providing, however, the prima facie presumption of knowledge of a previous conviction of a violation of this law shall only apply to a subsequent proceeding involving the forfeiture of nets, traps, or fishing devices, when owned by such previous offender and upon which a lien is held by the same lienee involved in the first claim proceedings. Trial of all such causes shall be without a jury, except in such cases as a trial by jury may be guaranteed by the State Constitution and in such cases trial by jury shall be deemed waived unless demanded in the claim filed.
History.--s. 5, ch. 59-81; s. 573, ch. 95-148.
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