Florida Contraband Forfeiture Act
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Questions and Answers

What is the purpose of this standard operating procedure?

  • To authorize law enforcement agencies to seize and forfeit contraband articles
  • To establish minimum threshold requirements on all forfeiture seizures
  • To standardize the law enforcement policies and procedures used in seizing, maintaining, and forfeiting assets (correct)
  • To protect the proprietary interests of innocent owners and lienholders
  • Who represents the agency in court proceedings associated with seizures?

  • The Judge's Chamber
  • The Forfeiture Unit with the Legal Division (correct)
  • The District Attorney's Office
  • The Sheriff's Office
  • What is the burden of proof required for the seizing agency to prevail in a forfeiture proceeding?

  • Preponderance of the evidence
  • Clear and convincing evidence
  • Beyond a reasonable doubt (correct)
  • Probable cause
  • What type of property is subject to forfeiture under the Forfeiture Act?

    <p>Both personal and real property</p> Signup and view all the answers

    What is the purpose of the minimum threshold requirements on all forfeiture seizures?

    <p>To reduce the financial burden of filing fees and bond requirements associated with forfeiture cases</p> Signup and view all the answers

    What type of items are listed in Florida Statute 932.70 (2) as contraband articles subject to forfeiture?

    <p>Gambling paraphernalia, tools, jewelry, household goods, equipment, electronics, negotiable instruments, vessels, and aircraft, among other items</p> Signup and view all the answers

    What is the scope of this standard operating procedure?

    <p>It applies to all Sheriff's Office personnel involved with seizing property for forfeiture</p> Signup and view all the answers

    What is the policy of the State with respect to the use of the Florida Contraband Forfeiture Act?

    <p>To deter and prevent the continued use of contraband articles for criminal purposes while protecting the proprietary interests of innocent owners and lienholders</p> Signup and view all the answers

    What form should an interested party execute if they knowingly and voluntarily disclaim their interest in the seized property?

    <p>Statement of Disclaimer of Interest and Ownership</p> Signup and view all the answers

    Who is responsible for transporting a seized vehicle, vessel, or aircraft to the Evidence Section?

    <p>Wrecker from the Star Rotation list</p> Signup and view all the answers

    What system should the Lead Investigator/Seizing Deputy use to enter vehicle information?

    <p>RMS system</p> Signup and view all the answers

    What should be done with property seized with other items that is not being retained as evidence or for forfeiture?

    <p>Return it to the lawful owner</p> Signup and view all the answers

    How long does the Lead Investigator/Seizing Deputy have to complete and deliver forfeiture paperwork to the Forfeiture Unit?

    <p>48 hours</p> Signup and view all the answers

    What is the purpose of the Forfeiture Unit applying for an order determining whether probable cause exists for the continued seizure?

    <p>To determine if the seizure was lawful</p> Signup and view all the answers

    What is the time frame for the Forfeiture Unit to apply for an order determining whether probable cause exists for the continued seizure?

    <p>10 business days</p> Signup and view all the answers

    What is the purpose of an adversarial preliminary hearing?

    <p>To provide an opportunity for the claimant to contest the seizure</p> Signup and view all the answers

    Under the Forfeiture Act, a law enforcement deputy may seize personal property when there is probable cause to believe that:

    <p>The item has a nexus to narcotics activity in violation of Florida Statute, Chapter 893</p> Signup and view all the answers

    What is the time frame for the Forfeiture Unit to set an adversarial preliminary hearing?

    <p>10 days after the request is received</p> Signup and view all the answers

    What is the minimum amount of currency that can be seized for forfeiture?

    <p>$1,500.00</p> Signup and view all the answers

    What must accompany a seizure warrant application?

    <p>A sworn affidavit</p> Signup and view all the answers

    Which of the following is a circumstance that allows a seizure to occur without the owner's arrest?

    <p>The owner is a fugitive from justice</p> Signup and view all the answers

    What is the minimum age of a vehicle that can be seized for forfeiture without prior approval?

    <p>10 years old</p> Signup and view all the answers

    What is the minimum value of other personal property that can be seized for forfeiture?

    <p>$1,500.00</p> Signup and view all the answers

    What should be provided to all known interested parties at the time of seizure?

    <p>A Notice of Violation of Florida Contraband Forfeiture Act form</p> Signup and view all the answers

    When can a seizure of currency in amounts less than $1,500.00 be considered?

    <p>All of the above</p> Signup and view all the answers

    Who is responsible for providing a completed Notice of Violation of Florida Contraband Forfeiture Act form?

    <p>The Lead Investigator/Seizing Deputy</p> Signup and view all the answers

    What happens if a person refuses to sign a Notice of Violation of Florida Contraband Forfeiture Act form?

    <p>The Lead Investigator/Seizing Deputy documents the failure to sign in the signature block and gives that person their copy of the form</p> Signup and view all the answers

    How long does the Lead Investigator/Seizing Deputy have to contact the Forfeiture Unit if assistance is needed in notifying an interested party?

    <p>48 hours</p> Signup and view all the answers

    What is the responsibility of the Lead Investigator/Seizing Deputy in reviewing probable cause?

    <p>To promptly review the probable cause supporting the seizure</p> Signup and view all the answers

    When can a vehicle be seized pursuant to Florida Statute 322.34 (9)?

    <p>When the suspect's driver license is suspended, revoked, or canceled as a result of a prior DUI conviction</p> Signup and view all the answers

    What is the requirement for storing seized property?

    <p>Seized property must be stored in a secure area and protected against disposal</p> Signup and view all the answers

    What happens to seized property when a claimant prevails in a forfeiture proceeding?

    <p>The seized property is released to the lawful owner or designee</p> Signup and view all the answers

    What is the requirement for seizing derivative or substitute property?

    <p>Approval must be obtained from the Forfeiture Unit</p> Signup and view all the answers

    What is the responsibility of the Lead Investigator/Seizing Deputy in a forfeiture case?

    <p>To follow through on the case until a final disposition is reached</p> Signup and view all the answers

    When can a vehicle be seized for forfeiture if it was used as an instrumentality in the commission of a felony?

    <p>If the vehicle was used in a felony DUI</p> Signup and view all the answers

    What is the requirement for maintaining seized property?

    <p>Reasonable efforts must be made to maintain the property in a similar condition as when seized</p> Signup and view all the answers

    Who is responsible for any damage to the property and storage fees or maintenance costs?

    <p>The Sheriff's Office</p> Signup and view all the answers

    What is the responsibility of the Forfeiture Unit in releasing seized property?

    <p>To direct the release of the seized property to the lawful owner or designee</p> Signup and view all the answers

    What is the purpose of seizing substitute property?

    <p>To compensate for the loss of contraband property</p> Signup and view all the answers

    What is required prior to seizing real property?

    <p>Approval from the Forfeiture Unit</p> Signup and view all the answers

    What is considered when seizing real property?

    <p>The value, equity, and income generated by the property</p> Signup and view all the answers

    What happens when an owner without actual knowledge of the criminal activity is found?

    <p>The Lead Investigator completes the Notice of Violation form</p> Signup and view all the answers

    What is the role of the Forfeiture Unit in the seizure process?

    <p>To review and evaluate forfeiture materials</p> Signup and view all the answers

    What is reviewed by the Forfeiture Unit during the evaluation process?

    <p>The legal sufficiency and asserted claims of interest in seized property</p> Signup and view all the answers

    Why may a settlement offer be made in a forfeiture case?

    <p>Where there is sufficient probable cause but the settlement is in the best interests</p> Signup and view all the answers

    Who is contacted by the Forfeiture Unit prior to making a determination to settle a forfeiture case?

    <p>The supervisor of the Lead Investigator/Seizing Deputy</p> Signup and view all the answers

    What happens to property owned by a person who has actual knowledge of the criminal activity?

    <p>The property is seized for forfeiture</p> Signup and view all the answers

    What is the purpose of the Notice of Violation form?

    <p>To notify the owner of the criminal activity</p> Signup and view all the answers

    Who approves settlements after property is seized for forfeiture?

    <p>The Sheriff</p> Signup and view all the answers

    What happens if a Notice of Violation of Florida Contraband Forfeiture Act form has not been delivered to all appropriate parties at the time of arrest or seizure?

    <p>The Forfeiture Unit sends notice via certified mail to all potential claimants</p> Signup and view all the answers

    What is an entitlement of forfeiture claimants?

    <p>Right to a jury trial</p> Signup and view all the answers

    Who coordinates and contacts the involved deputies when a trial is scheduled?

    <p>The Forfeiture Unit</p> Signup and view all the answers

    Who determines whether to file an appeal if a claimant prevails at the conclusion of any forfeiture proceeding?

    <p>The Forfeiture Unit</p> Signup and view all the answers

    What does the Forfeiture Unit conduct for all Sheriff’s Office personnel involved in forfeiture seizures?

    <p>Basic training and continuing education</p> Signup and view all the answers

    What does the Forfeiture Unit do annually to ensure compliance with the Forfeiture Act and Florida Statutes?

    <p>Conduct annual reviews of forfeiture seizures</p> Signup and view all the answers

    What is available from the Forfeiture Unit for questions and inquiries?

    <p>Consultation and assistance, with formal responses followed by memorandums</p> Signup and view all the answers

    The Forfeiture Act only authorizes law enforcement agencies to seize and forfeit real property.

    <p>False</p> Signup and view all the answers

    The seizing agency must prove a claim beyond a preponderance of the evidence to prevail in a forfeiture proceeding.

    <p>False</p> Signup and view all the answers

    The minimum threshold requirements on all forfeiture seizures are established by the Florida State Legislature.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit represents the agency in criminal proceedings associated with seizures.

    <p>False</p> Signup and view all the answers

    Only money and vehicles can be seized as personal property under the Forfeiture Act.

    <p>False</p> Signup and view all the answers

    The policy of the State is to maximize forfeiture revenue.

    <p>False</p> Signup and view all the answers

    Seizure of personal property can occur without probable cause.

    <p>False</p> Signup and view all the answers

    The Forfeiture Act is intended to punish criminals by seizing their property.

    <p>False</p> Signup and view all the answers

    A law enforcement deputy may seize personal property when there is probable cause to believe that the item sought to be seized has a nexus to a specific narcotics transaction.

    <p>False</p> Signup and view all the answers

    The owner of the property must be arrested for a criminal offense that forms the basis for determining that the property is a contraband article.

    <p>False</p> Signup and view all the answers

    The minimum amount of currency that can be seized for forfeiture is $1,000.00.

    <p>False</p> Signup and view all the answers

    Any personal property can be seized for forfeiture, regardless of its value.

    <p>False</p> Signup and view all the answers

    The Lead Investigator/Seizing Deputy is responsible for transporting a seized vehicle, vessel, or aircraft to the Evidence Section.

    <p>False</p> Signup and view all the answers

    A seizure of currency in amounts less than $1,500.00 can be considered without prior approval by the Forfeiture Unit.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit is responsible for providing a completed Notice of Violation of Florida Contraband Forfeiture Act form.

    <p>False</p> Signup and view all the answers

    A vehicle can be seized for forfeiture if it is more than 10 years old, regardless of the circumstances.

    <p>False</p> Signup and view all the answers

    The Lead Investigator/Seizing Deputy is responsible for reviewing probable cause in a forfeiture case.

    <p>False</p> Signup and view all the answers

    The Notice of Violation of Florida Contraband Forfeiture Act form is only provided to the owner of the seized property.

    <p>False</p> Signup and view all the answers

    A person must receive a Notice of Violation of Florida Contraband Forfeiture Act form when their property is seized.

    <p>False</p> Signup and view all the answers

    The Lead Investigator/Seizing Deputy should transport a seized vehicle, vessel, or aircraft.

    <p>False</p> Signup and view all the answers

    An inventory of the seized property and all containers found therein is optional.

    <p>False</p> Signup and view all the answers

    The Lead Investigator/Seizing Deputy has 72 hours to complete and deliver forfeiture paperwork to the Forfeiture Unit.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit applies for an order determining whether probable cause exists for the continued seizure within 5 business days.

    <p>False</p> Signup and view all the answers

    A sworn affidavit is not required for a seizure warrant application.

    <p>False</p> Signup and view all the answers

    The Lead Investigator/Seizing Deputy enters vehicle information into the CAD system.

    <p>False</p> Signup and view all the answers

    Abandoned or unclaimed property is kept indefinitely.

    <p>False</p> Signup and view all the answers

    A claimant may not request an adversarial preliminary hearing.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit has 5 days to set an adversarial preliminary hearing.

    <p>False</p> Signup and view all the answers

    The Lead Investigator/Seizing Deputy is responsible for seizing derivative or substitute property without approval from the Forfeiture Unit.

    <p>False</p> Signup and view all the answers

    Seized property should be stored in an unsecured area.

    <p>False</p> Signup and view all the answers

    A vehicle driven during a DUI may be seized for forfeiture if the suspect's driver license was not suspended, revoked, or canceled.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit is responsible for releasing seized property to the lawful owner or designee only after a claimant prevails in a forfeiture proceeding and the Forfeiture Unit has made a determination not to proceed with the case.

    <p>False</p> Signup and view all the answers

    The Sheriff's Office is not responsible for any damage to the property and storage fees or maintenance costs applicable to the property.

    <p>False</p> Signup and view all the answers

    A vehicle may be seized for forfeiture if it was used as an instrumentality in the commission of a misdemeanor.

    <p>False</p> Signup and view all the answers

    The Lead Investigator/Seizing Deputy is not required to notify the Forfeiture Unit of criminal case motions, hearings, or rulings which may adversely affect the civil forfeiture case.

    <p>False</p> Signup and view all the answers

    Seized items may be used or utilized at any time after seizure.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit does not contact the supervisor of the Lead Investigator/Seizing Deputy prior to making a determination not to proceed with a forfeiture case.

    <p>False</p> Signup and view all the answers

    The Lead Investigator/Seizing Deputy is not required to ensure that the probable cause supporting the seizure is promptly reviewed by supervisory personnel.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit will determine whether to file an appeal if a claimant prevails at the conclusion of any forfeiture proceeding.

    <p>True</p> Signup and view all the answers

    A jury trial is not available to forfeiture claimants.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit will not assist in sending notice to potential claimants via certified mail.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit provides on-scene assistance for forfeiture seizures.

    <p>True</p> Signup and view all the answers

    The Forfeiture Unit does not conduct training for Sheriff’s Office personnel involved in forfeiture seizures.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit does not review forfeiture seizures and proceedings annually.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit is not responsible for coordinating the submission of an annual report to the Florida Department of Law Enforcement.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit is not available for consultation and assistance on forfeiture matters.

    <p>False</p> Signup and view all the answers

    A seizure of real property can be made without obtaining prior approval from the Forfeiture Unit.

    <p>False</p> Signup and view all the answers

    The owner of property used in violation of the Forfeiture Act can have their property seized for forfeiture even if they did not have actual knowledge of the criminal activity.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit is responsible for reviewing and evaluating forfeiture materials submitted by the Lead Investigator/Seizing Deputy.

    <p>True</p> Signup and view all the answers

    A settlement offer can be made in a forfeiture case where there is insufficient probable cause for seizure.

    <p>False</p> Signup and view all the answers

    The Notice of Violation of Florida Contraband Forfeiture Act form is only used when the owner has actual knowledge of the criminal activity.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit is responsible for coordinating the forfeiture process within the Sheriff's Office.

    <p>True</p> Signup and view all the answers

    Substitute property can be seized only if the original contraband property has been sold.

    <p>False</p> Signup and view all the answers

    The Forfeiture Unit will contact the Lead Investigator/Seizing Deputy prior to making a determination to settle a forfeiture case.

    <p>False</p> Signup and view all the answers

    The seizure of real property will be made pursuant to the Forfeiture Act and this standard operating procedure.

    <p>True</p> Signup and view all the answers

    The owner of property used in violation of the Forfeiture Act will always be permitted to occupy the premises pending the final disposition of the forfeiture case.

    <p>False</p> Signup and view all the answers

    Study Notes

    Purpose and Scope

    • The purpose of this standard operating procedure is to standardize the law enforcement policies and procedures used in seizing, maintaining, and forfeiting assets pursuant to the Florida Contraband Forfeiture Act.
    • This procedure applies to all Sheriff’s Office personnel involved with seizing property for forfeiture.

    Forfeiture Act

    • The Forfeiture Act authorizes law enforcement agencies to seize and forfeit personal property, including currency, vehicles, vessels, aircraft, jewelry, machines, and real property.
    • The seizing agency must prove beyond a reasonable doubt that the seized property was being used in violation of the Forfeiture Act.

    Seizure of Personal Property

    • A law enforcement deputy may seize personal property for forfeiture when there is probable cause to believe that:
      • The item has a nexus to narcotics activity.
      • The item was used or attempted to be used as an instrumentality in the commission of a felony.
      • The item was acquired by proceeds obtained as a result of a violation of the Forfeiture Act.
      • The item is a motor vehicle used in the commission of a specific DUI offense.
    • Seizure may occur only if the owner of the property is arrested for a criminal offense, or one of the following circumstances applies:
      • The owner of the property cannot be identified after a diligent search.
      • The owner of the property is a fugitive from justice or deceased.
      • An individual who does not own the property is arrested for a criminal offense, and the property owner had actual knowledge of the criminal activity.
      • The owner of the property agrees to be a confidential informant.

    Minimum Criteria for Seizure

    • Currency: Minimum amount of $1,500.00.
    • Vehicles: Should not be more than ten years old (unless prior approval is obtained).
    • Other personal property: Minimum value of $1,500.00.

    Personal Property Seizure Procedures

    • A seizure of personal property requires certain procedures and/or documents, including:
      • Notice of Violation of Florida Contraband Forfeiture Act form.
      • Statement of Disclaimer of Interest and Ownership form.
      • Transportation of seized vehicles, vessels, or aircraft to the Evidence Section or designated facility.
      • Data entry into the Records Management System (RMS).
      • Inventory of seized property and containers found therein.
      • Return of seized property not being retained as evidence or for forfeiture to the lawful owner.

    Submitting Forfeiture Paperwork

    • The Lead Investigator/Seizing Deputy shall complete all forfeiture paperwork and deliver copies to the Forfeiture Unit within 48 hours of the seizure.

    Storage and Release of Seized Property

    • Seized property shall be stored in a secure area and maintained in a similar condition as when seized.
    • Seized property shall not be used or utilized until a final judgment of forfeiture or title to the property is obtained.
    • If a claimant prevails in a forfeiture proceeding, the Forfeiture Unit shall direct that the seized property be released to the lawful owner or designee.

    Seizure of Derivative or Substitute Property

    • Derivative property is personal or real property acquired with the proceeds of unlawful activity.
    • Substitute property is property equal in value that may be seized and forfeited under specific circumstances.

    Seizure of Real Property

    • Prior to any seizure of real property, approval must be obtained from the Forfeiture Unit.
    • Florida law provides for the seizure and forfeiture of real property or any interest in real property under certain circumstances.

    Owners Without Actual Knowledge

    • When the owner of property used in violation of the Forfeiture Act does not have actual knowledge of the use of the property in criminal activity, the property should not be seized for forfeiture.
    • The Forfeiture Unit will review and evaluate forfeiture materials submitted by the Lead Investigator/Seizing Deputy.
    • The Forfeiture Unit will coordinate the forfeiture process, which may include filing a civil forfeiture complaint.
    • The Forfeiture Unit will assist with notice to claimants, settlements, and trials.

    Purpose and Scope

    • The purpose of this standard operating procedure is to standardize the law enforcement policies and procedures used in seizing, maintaining, and forfeiting assets pursuant to the Florida Contraband Forfeiture Act.
    • This procedure applies to all Sheriff’s Office personnel involved with seizing property for forfeiture.

    Forfeiture Act

    • The Forfeiture Act authorizes law enforcement agencies to seize and forfeit personal property, including currency, vehicles, vessels, aircraft, jewelry, machines, and real property.
    • The seizing agency must prove beyond a reasonable doubt that the seized property was being used in violation of the Forfeiture Act.

    Seizure of Personal Property

    • A law enforcement deputy may seize personal property for forfeiture when there is probable cause to believe that:
      • The item has a nexus to narcotics activity.
      • The item was used or attempted to be used as an instrumentality in the commission of a felony.
      • The item was acquired by proceeds obtained as a result of a violation of the Forfeiture Act.
      • The item is a motor vehicle used in the commission of a specific DUI offense.
    • Seizure may occur only if the owner of the property is arrested for a criminal offense, or one of the following circumstances applies:
      • The owner of the property cannot be identified after a diligent search.
      • The owner of the property is a fugitive from justice or deceased.
      • An individual who does not own the property is arrested for a criminal offense, and the property owner had actual knowledge of the criminal activity.
      • The owner of the property agrees to be a confidential informant.

    Minimum Criteria for Seizure

    • Currency: Minimum amount of $1,500.00.
    • Vehicles: Should not be more than ten years old (unless prior approval is obtained).
    • Other personal property: Minimum value of $1,500.00.

    Personal Property Seizure Procedures

    • A seizure of personal property requires certain procedures and/or documents, including:
      • Notice of Violation of Florida Contraband Forfeiture Act form.
      • Statement of Disclaimer of Interest and Ownership form.
      • Transportation of seized vehicles, vessels, or aircraft to the Evidence Section or designated facility.
      • Data entry into the Records Management System (RMS).
      • Inventory of seized property and containers found therein.
      • Return of seized property not being retained as evidence or for forfeiture to the lawful owner.

    Submitting Forfeiture Paperwork

    • The Lead Investigator/Seizing Deputy shall complete all forfeiture paperwork and deliver copies to the Forfeiture Unit within 48 hours of the seizure.

    Storage and Release of Seized Property

    • Seized property shall be stored in a secure area and maintained in a similar condition as when seized.
    • Seized property shall not be used or utilized until a final judgment of forfeiture or title to the property is obtained.
    • If a claimant prevails in a forfeiture proceeding, the Forfeiture Unit shall direct that the seized property be released to the lawful owner or designee.

    Seizure of Derivative or Substitute Property

    • Derivative property is personal or real property acquired with the proceeds of unlawful activity.
    • Substitute property is property equal in value that may be seized and forfeited under specific circumstances.

    Seizure of Real Property

    • Prior to any seizure of real property, approval must be obtained from the Forfeiture Unit.
    • Florida law provides for the seizure and forfeiture of real property or any interest in real property under certain circumstances.

    Owners Without Actual Knowledge

    • When the owner of property used in violation of the Forfeiture Act does not have actual knowledge of the use of the property in criminal activity, the property should not be seized for forfeiture.
    • The Forfeiture Unit will review and evaluate forfeiture materials submitted by the Lead Investigator/Seizing Deputy.
    • The Forfeiture Unit will coordinate the forfeiture process, which may include filing a civil forfeiture complaint.
    • The Forfeiture Unit will assist with notice to claimants, settlements, and trials.

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    Description

    This standard operating procedure outlines the policies and procedures for law enforcement personnel in seizing, maintaining, and forfeiting assets pursuant to the Florida Contraband Forfeiture Act.

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