Osceola County: Forfeiture Policy

Forfeiture Policy Overview

• This policy outlines the procedures for asset forfeiture by the Osceola County Sheriff's Office, standardizing practices related to seizure, maintenance, and forfeiture.
• The policy adheres to the Florida Contraband Forfeiture Act (F.S.S. 932.701-706) and the Federal Asset Sharing Program.

Purpose

• To standardise seizure, maintenance, and forfeiture of assets under the Florida Contraband Forfeiture Act (F.S.S. 932.701-706) and Federal Asset Sharing Program.
• The Florida Contraband Forfeiture Act (FCFA) allows law enforcement to seize real or personal property, or contraband, used or intended for felonies, proceeds from felonies, or violations of specific Florida laws.
• The FCFA includes safeguards for claimants, including lien holders.

Policy Directives

• Osceola County Sheriff’s Office members must use the FCFA to deter crime.
• Member employment, salary, promotion, or compensation should not depend on seizure quotas.

Key Definitions

• Adversarial Preliminary Hearing: A claimant-requested hearing where the seizing agency must prove probable cause that the property was used in violation of the Florida Contraband Forfeiture Act.
• Bona Fide Lien Holder: The holder of a lien perfected under applicable law.
• Claimant: Any party with a proprietary interest in the property subject to forfeiture with standing to challenge it, including owners, registered owners, bona fide lien holders, and titleholders.
• Complaint: A petition filed in civil court by the seizing agency to request a final judgement of forfeiture.
• Contraband Article: Generally, any item used in committing a felony; specific items are listed in F.S.S. 932.701.
• Court Order: Following 2016 changes, the agency must apply for a court order within 10 days of seizure to establish probable cause.
• FCFA: Florida Contraband Forfeiture Act, F.S.S. Sections 932.701 through 932.7062.
• Forfeiture Proceeding: A hearing or trial where the court or jury decides if the property will be forfeited.
• Monetary Instrument: Includes currency, checks, money orders, investment securities, or prepaid cards equivalent to money.
• Notice of Seizure: Advises those entitled to notice about a forfeiture action, and their right to an adversarial hearing where the Osceola County Sheriff's Office must establish probable cause.
• Persons Entitled to Notice: Owners, entities, bona fide lien holders, or anyone in possession of the property when seized who is known to the seizing agency after diligent search.

Seizure Procedures

• Sworn members can seize contraband as defined in F.S.S. 932.701(2)(a) 1-11, under the FCFA, if there's probable cause to believe the item was, is, or will be used in violation of the FCFA, or was acquired through such violations.
• Supervisors must promptly review and document approval/denial of probable cause for property/currency seizures in the incident report.
• Seized property must be promptly released if there is no legitimate basis.
• The General Counsel (or designee) must be notified ASAP of any seizure/forfeiture.
• Real property seizure needs prior approval from the Osceola County Sheriff's Office General Counsel.
• A seizure is permissible if the property owner is arrested for a crime related to the contraband, as per F.S.S. 932.701.
• Exceptions to the above include when the owner cannot be identified, is a fugitive/deceased, or if someone not owning the property is arrested but the owner knew of the criminal activity.
• Property seizure is allowed if the owner agrees to be a confidential informant (per F.S.S. 914.28), but agencies cannot coerce this agreement with threats; property should be returned if charges aren't filed, the investigation ends, or the owner stops being an informant, unless the forfeiture is part of the deal.
• Seizure is also permitted if the property is a monetary instrument.
• When seizing property, members must diligently determine ownership and complete an inventory.
• Deputies must attempt to release non-evidentiary/non-forfeitable personal property to the lawful owner soon after seizure.
• Seized aircraft/vehicles/vessels require a Vehicle Tow Sheet and adherence to Policy 462.0.
• Currency/jewelry/personal property must be separately packaged and stored, with a Property Evidence Receipt completed (Policy 420.0).
• A Notice of Seizure form must be completed and served on the arrested person/claimant, with copies routed to the General Counsel, designee, and Records Section.
• After the criminal investigation reports are complete, copies must be forwarded to the General Counsel/designee to assess if the seizure/forfeiture can be proven beyond a reasonable doubt.
• If the owner cannot be found within 90 days of diligent search, the seized property is subject to forfeiture as contraband.

Post-Seizure Actions

• The Osceola County Sheriff’s Office must apply for a court order within 10 business days of seizure to determine probable cause, including a sworn affidavit, filed electronically.
• The court determines if the owner was arrested or if an arrest exception applies as well as if probable cause exists.
• An adversarial hearing is only needed if requested.
• If the court finds no probable cause/arrest/exception, the Osceola County Sheriff’s Office has 5 days to release the property and may be responsible for claimant's attorney fees up to $2,000.00.
• In new forfeiture cases, filing fees are now at least $1,000.00.
• The Osceola County Sheriff's Office must also post a $1,500.00 bond payable to the claimant if the claimant wins.
• All settlements require approval from the Sheriff or designee.

Storage and Maintenance

• The Osceola County Sheriff’s Office is responsible for property damages and storage/maintenance fees, if any.
• Items must be maintained in "time of seizure" condition until rights/titles are decided.
• Maintenance does not require preventing oxidation or normal deterioration, and items cannot be used except for necessary maintenance.
• The Fleet and Facilities Maintenance Section Manager maintains automobiles, trucks, vans, motorcycles, and boats on trailers at the Vehicle Maintenance Facility.
• The Evidence Unit designates storage locations and responsible units to maintain other seized property.

Release of Seized Property

• If the claimant prevails, the General Counsel/designee will release the property to the lawful owner and the agency will not assess towing, storage, maintenance or administrative fees. The department will be responsible for reasonable attorney's fees and the $1,500 bond.
• If the Osceola County Sheriff’s Office prevails, the General Counsel/designee gets a certified copy of the final judgment/forfeiture order.
• For aircraft/vehicles/vessels, Administrative Services evaluates the property for Sheriff's Office use.
• If the property will be converted for Osceola County Sheriff's Office use, Administrative Services initiates and maintains records.
• If the property will be sold, Administrative Services disposes of it per procedures, with proceeds deposited in the Law Enforcement Trust Fund.
• For money/jewelry/other property, the General Counsel/designee disposes of it accordingly.
• Money not needed for prosecution is deposited in the Law Enforcement Trust Fund, or distributed per asset sharing agreements and Policy 260.0.
• Collectible currency exceeding face value will be turned over to the Evidence Unit for sale and the proceeds deposited in the Law Enforcement Trust Fund.
• Jewelry/other property not needed for prosecution will require the General Counsel/designee to submit a copy of the forfeiture order to the Evidence Unit supervisor, with written authorization, for disposal per agency rules.
• For seized vessels/vehicles/aircraft released to the lawful owner, the agency can assess towing costs and include administrative costs in settlement agreements.
• Settlement agreements require sufficient probable cause for forfeiture and must be in the Osceola County Sheriff's Office best interest; must be approved by the Sheriff or designee.

Administration and Training

• Members involved in seizing property for forfeiture must receive training as required by the Florida Contraband Forfeiture Act.
• Training must cover legal aspects of forfeiture (search/seizure, constitutional considerations).
• The Osceola County Sheriff’s Office maintains records demonstrating member compliance with Policy 250, Training.

Annual Review

• The Osceola County Sheriff’s Office General Counsel/designee prepares an annual review of all seizures to ensure FCFA compliance.
• The annual review must be submitted to the FDLE and the Osceola Board of County Commissioners each year by October 10th, and must include:
  • Whether property has been seized or forfeited under the FCFA
  • Receipts
  • Expenditures
  • Type of property seized or forfeited
  • Approximated value
  • Related court case number(s)
  • Type of offense
  • Disposition of property received
  • Amount of any proceeds received or expended.
• Failure to complete the annual review may subject the Osceola County Sheriff’s Office to a $5,000 fine.