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__________________________________________ __________________________ _______________________________ General Order B-75 1 of 7 Forfeiture TEMPLE TERRACE POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE 09/17 /2010 FILE INDEX NO. B-75 SUBJECT: FORFEITURE INDEX AS: FORFEITURE, FLORIDA CONTRABAND FORFEITURE ACT , FCFA , FEDERAL EQUITABLE ASSET SHARING UNDER THE COMPREHENSIVE CRIME CONTROL ACT OF 1984 RESCINDS: REVISES: B-75 DATE REVISED: 08/12 /2019 APPLICABLE CFA STANDARD / REFERENCE : DISTRIBUTION : ALL MEMBERS I. PURPOSE: The purpose of this order is to establish forfeiture guidelines for all m embers of the D epartment. II. SCOPE: All me mbers III. DISCUSSION : The Department participates in the Florida Contraband Forfeiture Act (FCFA) as defined in Florida Statute (FS), sections 932.701 – 932.706. Officer s of the Department may seize contraband in accordance with the FCFA . The Department s hall utilize the provisions of the FCFA to deter and prevent the continued use of contraband articles for criminal purposes while protecting the proprietary interests of innocent owners and lien holders . Additionally, the Department shall use the proceeds and property collected under the FCFA as supplemental funding and assets for authorized purposes as regulated by state law and approved by the Chief of Police . The potential for obtaining revenues from forfeitures must not override fundamental considerat ions such as public safety, the safety of law enforcement officers, or the investigation and prosecution of criminal activity. Officer s shall ensure that all legal standards are met, and all other Department policies and procedures are strictly adhered to when searching, seizing, and/or forfeiting property under the FCFA. Should the Departmen t choose to participate in the F ederal Equitable Sharing Program , it shall do so in compliance with the : 1. National Code of Professional Conduct for Asset Forfeiture; 2. Comprehensive Crime Control Act of 1984; 3. U.S. Department of Justice Guide to Equitable Sharing for State and Local Law Enforcement Agencies . __________________________________________ __________________________ _______________________________ General Order B-75 2 of 7 Forfeiture IV. DEFINITIONS: A. Claimant - The person from whom property is seized; or a person claiming ownership or vested interest in seized property. B. Contraband - Any article, conveyance, or real property possessed during and/ or used to facilit ate a violation of law as delineated in the FCFA ; and any personal property, real property, currency, or other means of exchange acquired as proceeds of activity i n violation of law as delineated in the FCFA . The complete definition of contraband is stated in detail in Florida Statute, section 932.701. C. Forfeiture Affidavit - A standardized Department form completed by the originating offic er at the time of the seizure that documents sworn testimony of details pertinent to the seizure and forfeiture of related contraband. D. Forfeiture Case File - This file is compiled and maintained by the Forfeiture Supervisor and shall include the followin g: 1. Notice of Seizure, 2. Forfeiture Report, 3. Forfeiture Affidavit, 4. Incident Report, 5. Associated Supplement Reports, 6. Forfeiture Summary Report, 7. Applicable fair or true market value estimate documentation , 8. Applicable Disclaimer of Interest or Transfer of Owne rship forms, 9. Applicable legal counsel corresponden ce, 10. Applicable Court documents, and 11. Any other paper or electronic documents and data pertinent to the forfeiture. E. Forfeiture Electronic Records System - A database maintained by the Forfeiture Supervisor containing the following: 1. Statistical data, 2. Case notes, 3. Disposition recommendations, and 4. Command instructions for applicable forfeiture cases. F. Forfeiture Report - A standardized Department form completed by the originating offi cer at the time of the se izure that summarizes the statistical information related to the forfeiture case. G. Forfeiture Settlement Agreement - An agreement reached between the Chief of Police and the claimant to settle the pending forfeiture case. H. Forfeiture Storage Garage - A fence d, secure area under cover located at the City of Temple Terrace Public Works, to the south of the Evidence Storage Garage. General a ccess to this area is limited to Police Supervisors and is tracked via an access control padlock located on the west gate . I. Notice of Seizure (also referred to as the Forfeiture Notice) - A standardized Department form completed by the originating officer, utilized to notice the claimant of the seizure. V. SEIZURE OF PROPERTY : A. Officer s may seize contraband when, during the cour se of a bona fide law enforcement investigation, such contraband is found to be in violation of Florida law under the FCFA. B. Officer s shall recognize that all forfeiture legal actions involve significant expense to the Department and therefore exercise discretion when seizing any item under the FCFA . C. Florida State Statute 932.701 details forfeitable property and explains under what circumstances each may be