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Date: 06/01/88 Revision: 12/10/24 Reviewed: 12/10/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCED URE Number: GEN 504.01 Page : 1 of 7 SUBJECT: FORFEITURE SEIZURES I. PURPOSE : 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 provisions of th e Florida Contraband Forfeiture Act (Florida Statutes 932.701 - 932.7062 ), hereinafter called the “Forfeiture Act.” II. SCOPE : This procedure shall apply to all Sheriff’s Office personnel involved with seizing property for forfeiture. III. POLICY : It is the policy of this State that law enforcement agencies shall utilize the provisions of the Florida Contraband Forfeiture Act to deter and prevent the continued use of contraband articles for criminal purposes while protecting the proprietary interests o f innocent owners and lienholders. IV. DISCUSSION : The Forfeiture Act authorizes law enforce ment agencies to seize and forfeit personal property including , but not limited to , currency, vehicles, vessels, aircraft, jewelry , machines , and real property (land and all the things that are attached to it) under the appropriate circumstances. Due to filing fees and bond requirements associated with forfeiture cases, the Sheriff’s Office has established certain minimum threshold requirements on all forfeitur e seizures, as described in this standard operating procedure . To prevail in a forfeit ure procee ding, the seizing agency must prove beyond a reasonable doubt that the seized property was being used in violation of the Forfeiture Act. The Forfeiture Unit with the Legal Division represents the agency in the court proceedings associated with seizures. V. SEIZURE OF PERSONAL PROPERTY : A. Seizures of personal property will typically involve money and/or vehicles. However, contraband articles subject to f orfeiture can also include items listed in Florida Statute 932.70 (2), such as gambling paraphern alia, tools, jewelry, household goods, equipment, electronics, negotiable instruments, vessels , and aircraft, among other items. B. Grounds : Under the For feiture Act, a law enforcement d eputy may seize personal property for forfeitur e when there is probable cause to believe that: 1. The item sought to be seized has a nexus (or connection) to narcotics activity in violation of F lorida Statute, Chapter 893, whether or not the item can be traced to a specific narcotics transaction . 2. The item sought to be seized 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 . 3. The item sought to be seized was acquired by proceeds obtained as a result of a violation of the Forfeiture Act . 4. The item sought to be seized is a motor vehicle used in the commission of a specific DUI offense described in F lorida Statute 322.34 (9) (discussed in Section F below ). GEN 504.01 12/10 /24 Page 2 of 7 This list is not exhaustive; personal property may also be seized for forfeiture under other legal grounds specified in the Forfeiture Act , or as otherwise authorized by Florida Law. C. A seizure may occur only if the owner o f the property is arrested for a criminal offense that forms the basis for determining that the property is a contraband article, or one of the following circumstances apply: 1. The owner of the property cannot be identified after a diligent search, or th e person in possession of the property denies ownership and the owner of the property cannot be identified by means that are available to the sei zing 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 contraband and the property owner had actual knowledge of the criminal activity . 4. The owner of the property agree s to be a confidential informant as defined in Florida Statute 914.28 . 5. The property is a monetary instrument which includes currency, coin, c hecks, money orders, securities, negotiable instruments, prepaid cards , and certain precious metals. D. Perso nal Property Criteria: The Sheriff’s Office has established minimum criteria that should be met before personal proper ty is seized for forfeiture : * 1. Currency: Shall be in the minimum amount of $2,000.00 . Pursuant to the Forfeiture Act, the determinat ion of whether to seize currency must be made by a supervisor. Seizure o f currency in amounts less than $2,000 .00 may be considered with prior approval by the Forfeiture Unit , or when seized in conjunction with a vehicle or other personal property . 2. Vehicles : Should not be more than ten years old unless prior approval is obtained from the Forfeiture Unit. However, this requirement does not apply to vehicles seized pursuant to F lorida Statute 322.34 (9) (discussed