Policy Text
I. Legal Authority
A. The Florida Contraband Forfeiture Act (FCFA), F.S. 932.701 - 932.706,
authorizes the Department to seize and provides a process for the
forfeiture of any vessel, motor vehicle, aircraft, currency or other personal
property, or contraband article which has been used, is being used, was
attempted to be used, or was intended to be used in violation of any
provision of the FCFA, or in aiding and abetting in the commission of any
felony, or which is acquired by proceeds obtained as a result of a violation
of any provision of the FCFA.
B. The Department may seize currency that was used, attempted to be used
or intended to be used in violation of any provision of FS Chapter 893,
Drug Abuse Prevention and Control, whether or not the use can be traced
to a specific narcotics transaction.
C. The Department utilizes the forfeiture provisions to deter and prevent the
continuing use of contraband articles for criminal purposes while
protecting innocent owners. The potential for obtaining revenues from
forfeitures must not override fundamental considerations such as public
safety, officer safety or the investigation and prosecution of criminal
activities.
1. FCFA provides for procedural safeguards for those claiming or
having an interest in the seized property including bona fide lien
holders, lessors and innocent owners and/or co-owners.
2. The determination of whether a civil forfeiture action will be filed will
be made, upon the recommendation of the Department’s
Confiscations Officer, by the Department’s Criminal
Investigations Division Major or designee in consultation with
the Department’s Police Legal Advisor.
3. When there is no basis for holding seized property, the prompt
release of such property is required by FCFA and the Department.
D. The Department requires that all seizures made under FCFA adhere to
federal and state constitutional limitations regarding an individual’s right to
be free from unreasonable searches and seizures. This includes, but is
not limited to, illegal use of pretext stops, coercive consent searches or a
search and/or seizure based solely upon an individual’s race, ethnic
background, gender, sexual orientation, religion, economic status, age,
cultural group or any other identifiable group.
[1.2.9a]
1. The initiation of forfeiture proceedings must be based solely on law,
Department policy and articulable facts.
[1.2.9a]
2. The employment, salary, promotion or other compensation of an
employee, Confiscations Officer or Police Legal Advisor will not
depend on obtaining a quota of seizures.
3. Department employees will receive training as required by FCFA in
the legal aspects for forfeiture, search and seizure and other
constitutional requirements.
E. Contraband
1. Motor Vehicles
a. Violations relating to certificates of title, FS 319.33(6),
vehicle identification and/or other indication of ownership
with respect to any motor vehicle will constitute such vehicle
as contraband which may be forfeited pursuant to FCFA.
b. Violations relating to vehicle identification numbers (VIN) that
do not exist or have been destroyed, removed, covered,
altered, or defaced, or if the real identify of the vehicle
cannot be determined, the vehicle will constitute contraband,
pursuant to FS 319.33(7)(a). Forfeiture is prohibited where
the owner unknowingly, inadvertently or neglectfully altered,
removed, destroyed, covered or defaced the VIN.
c. Violations relating to the operation of chop shops may cause
the following to be seized and subject to forfeiture, pursuant
to FS 812.16(4):
1. Stolen vehicles, major component parts, engines,
tools or machines designed to alter or disguise the
identity of a stolen vehicle and/or major component
part;
2. A wrecker, car hauler and/or other motor vehicle used
to transport a stolen motor vehicle and/or major
component part.
2. Vessels
a. Violations relating to certificates of title, FS 328.05(3) and/or
other indication of ownership with respect to any vessel will
constitute such vessel as contraband which may be forfeited,
pursuant to FCFA.