Policy Text
11/20/25, 2:11 PM FLORIDA CITY POLICE DEPARTMENT ADMINISTRATIVE DIRECTIVE
PROVISIONS OF THE FLORIDA STATUTES SPECIFICALLY AUTHORIZED
FORFEITURE IN ACCORDANCE WITH FCFA.
NO PRIOR JUDICIAL APPROVAL IS REQUIRED FOR A PROBABLE CAUSE
SEIZURE OF PROPERTY TAKING PLACE AT THE TIME OF THE FCFA
VIOLATION.? HOWEVER, THE OFFICER MAKING THE SEIZURE SHALL
CONTACT THE ON-DUTY SUPERVISOR, WHO SHALL RESPOND TO THE
SCENE AND REVIEW THE OFFICER?S DECISION.? THE SUPERVISOR SHALL
DETERMINE IF:
??????????? THE SEIZURE IS LAWFUL ACCORDING TO THE FCFA.
??????????? THE SEIZURE IS PERFORMED ACCORDING TO STANDARD
PROCEDURES.
??????????? THE SEIZURE IS REASONABLE ACCORDING TO THE FACTS OF
THE INCIDENT.
??????????? PROPERTY NOT SEIZED AT THE TIME OF FCFA VIOLATIONS
WHICH IS LOCATED ON PRIVATE PREMISES SHOULD BE SEIZED
PURSUANT TO A COURT ORDER AUTHORIZING ENTRY ONTO THE PRIVATE
PREMISES, UNLESS OTHERWISE AUTHORIZED BY LAW.
IF THE SUPERVISOR DETERMINES THAT THE SEIZURE SHOULD BE MADE,
THE OFFICER WHO INITIATED THE ACTION SHALL FOLLOW ESTABLISHED
DEPARTMENTAL POLICY REFERENCE ARREST, ETC., HOWEVER, TOW-IN
SHEETS AND/OR PROPERTY FORMS SHALL BE MARKED CLEARLY, ?HOLD
FOR FORFEITURE.?? THESE FORMS SHALL BE STORED IN THE CASE
REPORT UNTIL REMOVED BY THE OFFICER HANDLING THE FORFEITURE
CASE.? NO ITEMS HELD FOR FORFEITURE SHALL BE RELEASED WITHOUT
AUTHORIZATION OF THE CHIEF OF POLICE.
THE OFFICER HANDLING THE ASSET FORFEITURE WILL REVIEW THE
CASE WITH THE CHIEF OF POLICE TO DETERMINE WHETHER TO:
??????????? PROCEED WITH A FORFEITURE CASE AGAINST THE PROPERTY.
??????????? SEEK A SETTLEMENT IN THE CASE WITH THE OWNER OF THE
PROPERTY.
??????????? RETURN THE PROPERTY TO THE OWNER (AS IN THE CASE OF
AN INNOCENT OWNER).? IN THE CASE OF PROPERTY RETURNED, THE
DEPARTMENT MAY COLLECT ACTUAL COSTS OF TOWING, STORAGE, AND
MAINTENANCE OF SEIZED PROPERTY.? ABSENT SETTLEMENT,
ADMINISTRATIVE COSTS WHICH DO NOT REFLECT ACTUAL EXPENSES
WILL NOT BE ASSESSED.
11/20/25, 2:11 PM FLORIDA CITY POLICE DEPARTMENT ADMINISTRATIVE DIRECTIVE
??????????? IN THE CASE OF PROPERTY RETURNED DUE TO THE
CLAIMANT PREVAILING AT THE CONCLUSION OF THE JUDICIAL PROCESS,
THE PROPERTY WILL BE RETURNED IMMEDIATELY AND NO CHARGES
SHALL BE ASSESSED.
??????????? IN ALL CASES WHERE PROPERTY IS RETURNED, A
SUPPLEMENTAL REPORT WILL BE MADE OUT BY THE FORFEITURE
OFFICER INDICATING THE REASON FOR THE RETURN AND THE
PARTICULARS OF THE RETURN.?
IF THE DECISION IS MADE TO PROCEED WITH THE FORFEITURE CASE,
THE FORFEITURE OFFICER WILL CONDUCT AN INVESTIGATION OF THE
CASE WHICH WILL INCLUDE THE COMPLETION OF ALL NECESSARY
PAPERWORK.? THIS INVESTIGATION SHALL BE COMPLETED IN A TIMELY
MANNER, GENERALLY WITHIN 45 DAYS.
AS SOON AS PRACTICABLE FOLLOWING THE SEIZURE OF THE PROPERTY,
THE FORFEITURE OFFICER SHALL MAKE A DILIGENT EFFORT TO
DETERMINE OWNERSHIP OF THE SEIZED PROPERTY, INCLUDING THE
IDENTIFICATION OF THE REGISTERED OWNER(S), TITLE HOLDER(S), AND
BONAFIDE LIEN HOLDER(S), IF ANY.
THE FORFEITURE OFFICER WILL GIVE NOTICE OF THE SEIZURE TO THE
OWNER(S) AND/OR BONA FIDE LIEN HOLDERS(S), IF ANY, ONCE
IDENTIFIED, WITHIN FIVE (5) DAYS AFTER SEIZURE.
THE FORFEITURE OFFICER WILL ACT AS LIAISON WITH THE FORFEITURE
ATTORNEY THROUGH THE CONCLUSION OF THE CASE.