The Florida Senate

523.14  Adulterated products; forfeiture; procedure.--Any person who shall knowingly have in his or her possession, custody or control any spirits of turpentine for sale, consignment or shipment which shall be in any manner adulterated, or any gum rosin or wood rosin that is not marked on the outside of the barrel with the words and in the manner required by this chapter, shall forfeit the same to the state. Upon sworn information thereof from any person, it shall be the duty of the state attorney for the circuit in which such property subject to forfeiture under this section may be found, to proceed forthwith to have the same forfeited and sold in the following manner: He or she shall file with the circuit court in the jurisdiction in which said property is found an information in the name of the state, setting forth the property whereof forfeiture is claimed, the owner thereof, or the person in whose possession the same is found, and the grounds for forfeiture; upon the filing of such information a summons and a writ of attachment, returnable to the return date not less than 10 days from the issuance thereof, shall be thereupon issued without bond or affidavit; such summons and writ of attachment shall be served in the manner provided for services of summons and writs of attachment in civil actions at law; the said writ of attachment shall be levied upon the property which it is sought to forfeit. Thereafter the case shall proceed in the same manner as a civil action at law. In case of attachment, and in the event the property shall be adjudged to be forfeited, the same shall be sold as is provided in the case of sales under execution. Any person claiming to own the property attached, or the person's agent or attorney, may in such proceeding intervene and defend the said proceedings as in case of attachment. All such proceedings shall be governed in other respects by the rules of pleading and practice applicable to suits at law in cases of attachment. The proceeds arising from said sales shall be paid into the registry of the court, to be paid by the clerk under the order of the court as follows, to wit: One-half to the informant, to be paid upon the certificate of the state attorney that the person claiming the same is entitled thereto as the informer, upon whose information said action was begun, and the remainder to be paid to the county treasurer of the county in which the conviction is had as a part of the fine and forfeiture fund. Neither the supervising inspector nor any other inspector shall be permitted to receive any part of the proceeds of any such forfeiture; and if the information be given by any such inspector, the entire proceeds shall be paid into said fine and forfeiture fund. The penalties, punishments and other provisions of this chapter and the enforcement of the same, shall be deemed several, and the enforcement of one shall not preclude or affect the enforcement of any other.

History.--s. 12, ch. 20935, 1941; s. 2, ch. 29737, 1955; s. 707, ch. 97-103.