Police Department Policy

301549

Orange County Sheriffs Office

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. 10.1.2, Page 2 of 12 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

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