IN THE CIRCUIT COURT, SIXTH
JUDICIAL CIRCUIT
IN AND FOR PASCO COUNTY, FLORIDA
ADMINISTRATIVE ORDER NO. PA-CIR-00-20
RE:
UNIFORM PROCEDURES FOR FORFEITURES OF PERSONAL PROPERTY
The Florida Supreme Court has set forth certain procedural requirements
in the application of Florida’s Contraband and Forfeiture Act, See, Florida Department of Law Enforcement v. Real
Property, Etc., 588 So.2d 957 (Fla. 1991), Section 932.701, Florida Statutes,
et. seq.; and
In order to implement said procedures in a uniform manner within the
courts of Pasco County; and
In order to ensure consistency amongst the several agencies which avail
themselves of the provisions of the Contraband Forfeiture Act; and
In order to implement one Order setting out uniform procedures and
forms, it is
ORDERED:
1. Court
Proceedings
a. Forfeiture cases in accordance with Section 932.704(2), Florida Statutes, of the Florida Contraband Forfeiture Act shall be assigned to a judge assigned to the Civil Division.
b.
Forfeiture proceedings are civil proceedings. As such, court reporters shall not be
provided at county expense. The
seizing agency and complainant(s) are responsible for securing the services
of and paying the cost of court reporting services.
a.
All law enforcement agencies within Pasco County shall utilize the
Notice of Seizure in substantially the same format as Attachment One of this
Order.
b.
The seizing agency shall complete a Notice(s) of Seizure containing
the name and address of the persons who may have an interest in the property
and who are known to the agency
3.
Complaint for Forfeiture and Probable Cause Affidavit
a.
All counsel representing law enforcement agencies seeking forfeiture
in Pasco County shall utilize a Complaint for Forfeiture and Probable Cause
Affidavit in substantially the same format as Attachment Two of this Order.
b.
Upon presentation of the complaint and affidavit or the Request for
Adversarial Preliminary Hearing and Notice of Seizure, the Clerk of Court
shall file said complaint and affidavit or request and notice. The filing of the complaint and affidavit
or request and notice shall cause the opening of a circuit civil proceeding,
which shall be treated in all regards in like manner.
a.
All counsel representing law enforcement agencies seeking forfeiture
in Pasco County shall utilize a Finding of Probable Cause and Order to Answer
in substantially the same format as Attachment Three of this Order.
b.
Upon complying with the notice requirements of Section 932.704, Florida
Statutes, counsel for the seizing agency may apply for a finding of probable
cause and order to answer. The
finding of probable cause and order to answer may be applied for ex parte,
without the necessity of a hearing before the Court.
Nothing in this Order shall affect actions for forfeiture of real property.
Pasco Administrative Order 92-16 is hereby rescinded.
DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida,
this 31ST day of October, 2000.
__________________________________________
Susan
F. Schaeffer, Chief Judge
(Law
Enforcement Agency)
DATE: _________________________________
Case No. ___________________
(Name
and address of person from whom seized)
(Description
of item(s) which have been seized)
(Date)
(Law
Enforcement Agency)
the above-listed property
for a violation of the Florida Contraband Forfeiture Act, §932.701-707, Florida
Statutes.
YOU ARE HEREBY NOTIFIED that you are entitled by law to request an
adversarial preliminary hearing concerning the seizure of this property. You must request this hearing within fifteen
(15) days of receipt of this Notice of Seizure.
IN ORDER to set such a hearing, you must make a request in writing
by certified mail, return receipt requested, to the ____________________________________________________.
(Name
and Address of Law enforcement Agency)
You must attach a copy of
this notice with your request. The
____________________________
(Law Enforcement Agency)
will set the hearing on your
behalf and notify you of the time, date and place of the hearing.
PLEASE NOTE THAT the post-seizure adversarial hearing is not mandatory and you need not request a hearing to later contest the action taken against the property described herein.
Each claimant will be given
an opportunity to appear in court before final disposition.
____________________
____________________
__________________
(Claimant)
(Witness)
(Officer
CJIS)
Name,
address and telephone number of Law Enforcement Agency
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, please contact the Public Information Dept., Pasco County Government Center, 7530 Little Rd., New Port Richey, FL 34654; (727) 847-8110 (V) in New Port Richey; (352) 521-4274, ext. 8110 (V) in Dade City; via 1-800-955-8771 if you are hearing impaired.
ATTACHMENT
1
IN THE CIRCUIT COURT, SIXTH
JUDICIAL CIRCUIT
IN AND FOR PASCO COUNTY, FLORIDA
IN
RE FORFEITURE OF:
Circuit Civil No.: _____________
Section: ____________________
(Describe
Property)……………………/
Agency
Report No.: ___________
Claimant(s):
COMPLAINT
FOR FORFEITURE
COMES NOW Complainant, __________________________________, for the
use or
(Petitioner)
benefit
of the __________________________________________, by and through its
(Petitioner)
undersigned
attorney, and files this Complaint for Forfeiture, and says:
1.
This is an action for forfeiture pursuant to Section 932.701-707, Florida
Statutes. Jurisdiction is in
this Court pursuant to Section 932.704, Florida Statutes.
2.
_________________________________________________ is a seizing agency
as set forth in Section 932.704, Florida Statutes.
3.
A description of the property that is the subject of this action is
as follows:
(Description
of all property)
4.
The property is a contraband article as defined in Section 932.701(2)(a),
Florida Statutes.
5.
On or about _________ (date property was used in violation of the
Contraband Forfeiture Act), said property was in violation of the Florida
Contraband Forfeiture Act by virtue of one or more of the following:
____
a.
The above-described property was used to facilitate the transportation,
carriage, conveyance, concealment, receipt, possession, purchase, sale, barter,
exchange, or giving away of any contraband article, or used as an instrumentality
in the commission of or in aiding or abetting in the commission of a felony
or violation of the Florida Contraband Forfeiture Act pursuant to §932.702(3)
& (4), Florida Statutes.
ATTACHMENT
2
____
b.
The property was acquired by the use of proceeds obtained in violation
of the Florida Contraband Forfeiture Act in violation of §932.702, Florida
Statutes.
____
c.
The property is subject to forfeiture pursuant to :
(This
section is for other statutory violations that authorize forfeiture under
the Contraband Forfeiture Act, i.e., felony littering, VIN-HIN violations,
aircraft violations, fleeing in a vessel, etc.)
*Add
following sentence at the end of appropriate paragraph.
The
facts and circumstances in support of the Complaint are set forth in the affidavit
of ______________________________________, which
(Seizing Agency)
is
attached to and is specifically incorporated into this Complaint.
6.
On or about __________________ (Date property was actually seized),
the ________________________ (Name of seizing law enforcement agency)
discovered and seized
the
above-described property at or near ______________________________________________
(Address
or location where property was seized).
7.
The Complainant has conducted a reasonably diligent search for all
persons or entities who may have an interest in the above-described property
by virtue of possession, ownership, registration law, or perfected lien, and
who are known to Complainants as:
__________________________________________________________________________.
(Name
of persons or entities)
8.
Complainant has or will comply with the notice requirements of the
Florida Contraband Forfeiture Act.
9
Pursuant to Section 932.704(8), Florida Statutes, the right to, interest
in, and title to the above-described property should be perfected by this
Court.
WHEREFORE,_____________________________, prays for this Court to enter
an
(Name
of Petitioner)
Order
Finding Probable Cause and requiring the persons or entities listed in paragraph
7 above, and any other persons or entities who claim an interest in the property
described in paragraph 3 above to file and serve upon the undersigned attorney
any responsive pleadings and affirmative defenses within twenty (20) days
after receipt of the Complaint and Probable Cause finding; and to enter a
Final Order of Forfeiture perfecting the right, title, and interest to the
above-described property including all full rights of ownership, use and transferability
in the
____________________________________________________
relating back to the date of
(Law enforcement agency)
seizure. Further, in the event of failure of all
potential Claimants to provide Complainant with written responsive pleadings
to contest these forfeiture proceedings and upon proof of due lawful
notice
of said proceedings to all such potential Claimants, the ____________________________
(Petitioner)
requests
this Honorable Court enter a Final Judgment of Forfeiture perfecting the State’s
right, title and interest to said property, including full right of ownership,
use and transferability in the Complainant, Pasco County Sheriff’s Office.
Complainant additionally demands judgment for costs and a reasonable
attorney’s fee pursuant to Section 57.105, Florida Statutes.
Dated this _________ day of ________________________, 2000.
__________________________________________
(Signature
of Attorney)
(Name)
(Address)
(Telephone
Number)
(SPN
Number)
(Florida
Bar Number)
PROBABLE CAUSE AFFIDAVIT
THIS
AFFIDAVIT IS IN SUPPORT OF THE FINDING OF PROBABLE CAUSE AND FOR FINAL ORDER
OF FORFEITURE AND IS A PART THEREOF.
STATE
OF FLORIDA
COUNTY
OF PASCO
BEFORE ME, the undersigned authority, personally appeared
____________________________________________________________________________
(Name
of Law Enforcement Affiant)
who,
after being duly sworn, does swear and aver that based upon his/her personal
knowledge, investigation, police reports, and other information known or available,
states as follows:
Affiant, in the capacity of a _________________________________________________
(Name of Law Enforcement Affiant)
began
investigating on ______________________ violations of Chapter ____________,
Florida
(Date)
Statutes,
in regard to ______________________________________. During the course of the
(Type
of Felony)
investigation,
affiant either personally observed or was advised of the following facts.
(Recite
the following facts)
1.
Fact giving rise to probable cause to believe the property was used
in violation of Florida Contraband Forfeiture Act.
a.
State how and by who the property was used to facilitate the commission
of a felony.
b.
If this is a proceeds case, state how and by who it was acquired with
proceeds derived from criminal activity.
c.
Include all settlements and acknowledgements made by arrestee(s) or
suspect(s) pertaining to seizure of property.
2.
Specific description of property, including serial or VIN numbers.
3.
Ownership of property.
__________________________________________
(Signature
of Affiant)
The foregoing instrument was acknowledged before me this ______ day
of __________, _______ by _______________________________ who is personally
known to me or produced
(Name of Affiant)
_______________________________________
as identification and who did take an oath.
__________________________________________
(Signature
of person taking acknowledgement)
__________________________________________
(Name
of acknowledger typed, printed or stamped)
__________________________________________
(Title
or Rank)
__________________________________________
Serial
Number, if any
(NOTARY’S
SEAL)
IN THE CIRCUIT COURT, SIXTH
JUDICIAL CIRCUIT
IN AND FOR PASCO COUNTY, FLORIDA
IN
RE FORFEITURE OF:
Case
No.: ____________
Section:
_____________
(List
Seized Property)
(VIN
Number)
/
ORDER
FINDING PROBABLE CAUSE
TO: (Name and address
of all persons having an interest)
THIS CAUSE having come before this Court exparte and subsequent to
the seizure of the above-described property by (Name
of Seizing Agency)
for Order Finding
Probable Cause and for Final Judgment of Forfeiture regarding the subject
property, to wit:
(List
Seized Property)
(VIN
Number)
This Court finds there is probable cause to believe the subject property
described herein was used, is being used, was attempted to be used, or was
intended to be used in violation of the Florida Contraband Forfeiture Act,
Sections 932.701 – 932.707, Florida Statutes.
FURTHER, this Court authorizes the continued seizure of the subject
contraband pending the disposition of the forfeiture proceeding.
NOW THEREFORE, YOU ARE REQUIRED to file any written responsive pleadings
or affirmative defenses to the attached Complaint for Order Finding Probable
Cause with the Clerk of Court and to serve a copy thereof on the attorney
for Petitioner within twenty (20) days from service of this Order and Complaint
upon you, exclusive of the day of service, as provided by the Florida Rules
of Civil Procedure.
IF YOU DO NOT TIMELY RESPOND as required above, a Default may be entered
against you and a Final Judgment of Forfeiture may be entered on behalf of
the Complainant
ATTACHMENT
3
perfecting
the right, interest in, and title to the subject property in the Complainant,
for the use of
or
to be sold by the _______________________________________________________
(Name of Seizing Agency)
forfeiting
any and all ownership, interests and rights which you may have in the subject
property.
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter
a default as provided in Rule 1.500, Florida Rules of Civil Procedures, if
any claimant fails to timely respond upon proof of receipt of mailing, personal
or constructive service by the Complainant, without further order of the Court.
DONE AND ORDERED in Pasco County, Florida this ___ day of _________,
2000.
__________________________________________
Circuit
Court Judge