Policy Text
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TITLE ACCREDITATION
Seizure and Forfeiture of Property CALEA
PRIOR REVISIONS
PROPONENT UNIT September 8, 2016 – June 14,
2010, July 29, 2009, 01/06/22
Legal, Fiscal
ATTACHMENT:
NUMBER ISSUE DATE REVISION DATE TOTAL PAGE
40.20 07/01/1998 06/19/2025 9
I. PURPOSE: This Order provides information regarding the statewide guidelines for policies
and procedures used by law enforcement personnel in seizing, maintaining, and forfeiting
property under the Florida Contraband Forfeiture Act (herein after referred to as the ‘Act’)
identified in Florida State Statutes 932.701-7062.
II. POLICY: The Department shall, while adhering to Federal and State constitutional limitations
regarding an individual’s right to be free from unreasonable searches and seizures, use the
provisions of the Act to deter, interrupt and prevent the continued use of contraband articles for
criminal purposes.
III. DEFINITIONS:
A. Contraband: “Contraband article”, means in part:
1. Any controlled substance as defined in chapter 893 or any substance, device,
paraphernalia, or currency or other means of exchange that was used, was attempted to
be used, or was intended to be used in violation of any provision of chapter 893, if the
totality of the facts presented by the state is clearly sufficient to meet the state’s burden
of establishing probable cause to believe that a nexus exists between the article seized
and the narcotics activity, whether or not the use of the contraband article can be traced
to a specific narcotics transaction.
2. Any equipment, gambling device, apparatus, material of gaming, proceeds,
substituted proceeds, real or personal property, Internet domain name, gambling
paraphernalia, lottery tickets, money, currency, or other means of exchange which was
obtained, received, used, attempted to be used, or intended to be used in violation of the
gambling laws of the state, including any violation of chapter 24, part II of chapter 285,
chapter 546, chapter 550, chapter 551, or chapter 849.
3. Any equipment, liquid or solid, which was being used, is being used, was attempted
to be used, or intended to be used in violation of the beverage or tobacco laws of the
state;
4. Any motor fuel upon which the motor fuel tax has not been paid as required by law;
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5. Any personal property, including but not limited to any vessel, aircraft, item, object,
tool, substance, device, weapon, machine, vehicle of any kind, money, securities, books,
records, research, negotiable instruments, or currency which was used or was attempted
to be used as an instrumentality in the commission of, or in aiding or abetting in the
commission of, any felony, whether or not comprising an element of the felony, or which
is acquired by proceeds obtained as a result of a violation of the Florida Contraband
Forfeiture Act;
6. Any real property, including the right, title, leasehold, or other interest in the whole of
any lot or track of land, which was used, is being used, or was attempted to be used as
an instrumentality in the commission of, or in aiding or abetting in the commission of, any
felony, or which is acquired by proceeds obtained as a result of a violation of the Florida
Contraband Forfeiture Act.
7. Any personal property, including, but not limited to, equipment, money, securities,
books, records, research, negotiable instruments, currency, or any vessel, aircraft, item,
object, tool, substance, device, weapon, machine, or vehicle of any kind, in the
possession of or belonging to any person who takes aquaculture products in violation of
812.014(2)(c).
8. Any motor vehicle offered for sale in violation of s. 320.28.
9. Any motor vehicle used during the course of committing an offense in violation of s.
322.34(9)(a).
10. Any photograph, film, or other recorded image, including an image recorded
on videotape, a compact disc, digital tape, or fixed disk, that is recorded in violation
of s. 810.145 and is possessed for the purpose of amusement, entertainment, sexual
arousal, gratification, or profit, or for the purpose of degrading or abusing another person.
11. Any real property, including any right, title, leasehold, or other interest in the whole
of any lot or tract of land, which is acquired by proceeds obtained as a result of
Medicaid fraud under s. 409.920 or s. 409.9201; any personal property, including, but
not limited to, equipment, money, securities, books, records, research, negotiable
instruments, or currency; or any vessel, aircraft, item, object, tool, substance, device,
weapon, machine, or vehicle of any kind in the possession of or belonging to any
person which is acquired by proceeds obtained as a result of Medicaid fraud under s.
409.920 or s. 409.9201.
12. Any personal property, including, but not limited to, any vehicle, item, object,
tool, device, weapon, machine, money, security, book, or record, that is used or
attempted to be used as an instrumentality in the commission of, or in aiding and
abetting in the commission of, a person's third or subsequent violation of s. 509.144,
whether or not comprising an element of the offense
B. Legal Requirements for Forfeiture: Pursuant to FSS 932.703(1)(a) Property is subject
to forfeiture only if the owner of the property is arrested for a criminal offense that forms the
basis for determining that the property is a contraband article under s. 932.701, or one or
more of the following circumstances apply:
1. The owner of the property cannot be identified after a diligent search, or the person in
possession of the property denies ownership and the owner of the property cannot be
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identified by means that are available to the employee or agent of the seizing agency at
the time of the seizure;
2. The owner of the property is a fugitive from justice or is deceased;
3. An individual who does not own the property is arrested for a criminal offense that
forms the basis for determining that the property is a contraband article under s. 932.701
and the owner of the property had actual knowledge of the criminal activity. Evidence
that an owner received written notification from a law enforcement agency and
acknowledged receipt of the notification in writing, that the seized asset had been used
in violation of the Florida Contraband Forfeiture Act on a prior occasion by the arrested
person, may be used to establish actual knowledge;
4. The owner of the property agrees to be a confidential informant as defined in s.
914.28. The seizing agency may not use the threat of property seizure or forfeiture to
coerce the owner of the property to enter into a confidential informant agreement. The
seizing agency shall return the property to the owner if criminal charges are not filed
against the owner and the active criminal investigation ends or if the owner ceases being
a confidential informant, unless the agency includes the final forfeiture of the property as
a component of the confidential informant agreement; or
5. The property is a monetary instrument. For purposes of this subparagraph, the term
“monetary instrument” means coin or currency of the United States or any other country;
a traveler’s check; a personal check; a bank check; a cashier’s check; a money order; a
bank draft of any country; an investment security or negotiable instrument in bearer form
or in other form such that title passes upon delivery; a prepaid or stored value card or
other device that is the equivalent of money and can be used to obtain cash, property, or
services; or gold, silver, or platinum bullion or coins.
IV. PROCEDURE: When taking items custody under the Florida Contraband Forfeiture Act,
members shall ensure due process in the protection of citizens’ rights as well as in the integrity
of the methods used. Members will not use illegal stops, coercive consent searches, or
searches based solely upon an i