Policy Text
Revisions or additions are highlighted 1 (06/22/2021 ) ST. PETERSBURG POLICE DEPARTMENT
INSTRUCTIONAL ORDER
Subject: SEIZURE AND FORFEITURE PROCEDURES
Index as: Civil Seizure and Forfeiture Forfeiture, Civil Seizure Seizure, Civil Forfeiture
Accreditation Standards: 1.2.9, 84.1.8, CFA 2.06, 30.01 , 30.02, 30.03
Cross Reference: G.O. II -38, Bias ed Policing
G.O. III -14, Property and Evidence
§932. 701 - §932.7062, F.S.S.
Replaces : I.O. V.5:12, Seizure & Forfeitur e Procedures (December 13, 2019)
This Order consists of the following sections:
I. Purpose
II. Policy
III. Definitions
IV. Unlawful Acts which Subject Property to Seizure and Forfeiture
V. Other Statutes that Provide for Seizure and Forfeiture
VI. Forms
VII. Responsibilities
VIII. Storage, Handling and Release of Seized Property
IX. General Provisions
X. Joint Investigations Resulting in Seizures
I. PURPOSE
This Order establishes uniform guidelines for the investigation, seizure, and handling of property subject to forfeiture
pursuant to the Florida Contraband Forfeiture Act.
II. POLICY
A. It is the policy of this Department that an Officer 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 interes ts
of innocent owners and lien holders, and to use the proceeds collected under the Act as supplemental funding for authorized
purposes.
B. Law Enforcement is the principal objective of asset forfeiture. The potential for obtaining revenues from forfeitures
shall not override fundamental considerations such as public safety, the safety of Law Enforcement Officers, the
investigation and prosecution of criminal activity, and respect for the rights of individuals as provided by law.
DATE OF
ISSUE EFFECTIVE DATE NUMBER
August 2017 Immediately V.5:12
Distribution: All Employees
Instructional Order V.5:12
Revisions or additions are highlighted 2 (06/22/2021 ) C. The decision to seize or proceed with any forfeiture shall be made with due regard and adherence to federal and
state constitutional limitations regarding an individual's right to be free from unreasonable searches and seizures including,
but not limited to, the illegal use of stops based on a pretext, coercive -consent searches, or a search based solely upon an
individual's racial or ethnic status or character istics.
D. Officers shall not engage in the practice of biased policing while conducting field contacts, traffic stops, searches,
asset seizures, forfeitures or any other law enforcement activity ( J:\Research \GeneralOrders \II Administrative General
Orders \II-38 Bias -Based Profiling.pdf ).
E. The employment, salary, promotion, or other compensation of a Law Enforcement Officer or attorney shall not
depend on obtaining a “quota” of seizures.
F. Pursuant to § 932.704(11)(b), F.S.S., the Legal Advisor, or designee, will determine whether a civil forfeiture action
shall be filed.
III. DEFINITIONS
A. Contraband – Defined in §932.701(2)(a), F.S.S. as:
1. Any controlled substance as defined in Chapter 893 (Florida State Statutes) or any substance, device,
paraphernalia, 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.
2. Any gambling paraphernalia, lottery tic kets, money, currency, or other means of exchange which was used,
was attempted, or was intended to be used in violation of gambling laws of the State.
3. Any equipment, liquid or solid, which was being used, is being used, was attempted, or was 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.
5. Any personal property including, but not limited to, any vessel, aircraft, item, object, tool, substance, device,
weapon, machine of any kind, money, securities, books, records, research, negotiable instruments, or currency which was
used or was attempted to be used as an instrument 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 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 instrument 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 v iolation of the Florida
Contraband Forfeiture Act.
B. Forfeiture – The formal process through which a person is divested of specific property or a right thereto, without
compensation, resulting in a change of ownership.
C. Seizure – The act of taking possession of property from the possession, actual