Policy Text
ORANGE COUNTY SHERIFF'S OFFICE
GENERAL ORDER
Effective Date: November 6, 2025 Amends - GO 10.1.2 ( May 20, 2016 ) Number : 10.1.2
Distribution: All Personnel Review Month: June Reviewing Authority:
Sheriff / Legal Services
Subject: Forfeiture
This order consists of the following:
1. Purpose
2. Policy
3. Definitions
4. Procedures
1. Purpose
The purpose of this policy is to utilize the forfeiture provisions of the Florida Contraband
Forfeiture Act (the "Act") to impact crime while protecting innocent owners.
2. Policy
It is the policy of the agency that all agency employees adhere to the procedures of the
Florida Contraband Forfeiture Act ( FS 932.701-7062), and specifically the Uniform
Standards, Principles and Training Procedures promulgated by the Florida Department of
Law Enforcement as required by the 1995 amendment to the Act and as incorporated
herein, to verify that property is seized and maintained in an efficient and lawful manner.
3. Definitions
A. Adversarial Preliminary Hearing – a court proceeding in which the seizing agency is
required to establish probable cause that the property subject to forfeiture was used
in violation of the Act.
B. Claimant – any party who has a proprietary interest in property subject to forfeiture
and has standing to challenge the forfeiture, inclu ding owners, registered owners,
bona fide lien holders , and title holders.
C. Contraband Article – Per F S 932.701 :
1. Any controlled substance as defined in FS Chapter 893, or any substance,
device, paraphernalia, currency, or othe r means of exchange that was used,
was attempted to be used, or was intended to be used in violation of any
provision of FS 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 connection exists between the article seized and the narcotic’s activity,
whether or not the use of the contraband article can be traced to a specific
narcotics transaction.
2. Any gambling paraphernalia, lottery tickets, money, currency, or other means
of exchange which was used, was attempted to be used, or is intended to be
used in violation of the gambli ng laws of the state.
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3. Any equipment, liquid or solid, which was being used, is being used, was
attempted to be used, or is 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 h as not been paid as required
by law.
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 instrum ents, 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 was
acquired by proceeds obta ined in violation of the Act.
6. Any real property, including any right, title, leasehold, or other interest in the
whole, of any lot or tract 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 in violation of the Act.
7. Any personal property, including, but not limited to, equipment, money,
securities, books, records, research, nego tiable 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 FS 812.014 (2)(c).
8. A motor vehicle offered for sale in violation of FS 320.28 , “Nonresident
dealers in secondhand motor vehicles, recreational vehicles, or mobile
homes.”
9. A moto r vehicle driven by a person who is DUI, and whose license is
suspended for an earlier DUI, as described in FS 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 FS 810.145 , “Video Voyeurism,” 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 FS 409.920 or 409.9201 ; any personal
property, including, but not limited to, equipment, money, securities, bo oks,
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
pro