Forfeiture $13 v. Robert Eagan

Bond appeals from a final judgment of forfeiture in favor of the state. The trial court's order and final judgment were specifically based on the adverse application of section 90.510, Florida Statutes (1985) against Bond. We reverse and hold that section 90.510 does not apply in a forfeiture case where the state claims privileged confidential communications are necessary in order to successfully assert a claim for forfeiture against the person claiming the privilege. On September 17, 1985, Bond was arrested for trafficking in cocaine and conspiracy to traffic in cocaine. At the time of his arrest, the police seized $13,000.00 in currency found in a thermos from the trunk of his wife's car. The state commenced forfeiture proceedings under the Florida Contraband Forfeiture Act (sections 932.701 - 932.704), alleging that the $13,000.00 was contraband used or intended to be used in violation of Chapter 893 which prohibits the trafficking of cocaine. ? 932.701(2)(a), Fla. Stat. (1985). Bond filed a response and claim of ownership of the money, denying that the currency was a contraband article under section section 932.701.