Forfeiture Hearings in Hillsborough County, FL

Was your money, vehicle, or other valuable property seized by the Hillsborough County Sheriff’s Office or the Tampa Police Department? If so, you probably received a “notice of seizure” informing you of your right to demand an adversarial preliminary hearing within 15 days.

Even if you were coerced into signing a “statement of disclaimer of interest” and never received a “notice of seizure,” an attorney can still help you demand an adversarial preliminary hearing.

If a law enforcement officer in Hillsborough County seized your property for a civil asset forfeiture proceeding, you should hire an experienced attorney to help you fight for the return of your property. The attorney might take the case on a contingency fee basis, meaning you pay nothing unless and until you get the property back.

The attorneys at Sammis Law Firm are familiar with Florida’s Civil Asset Forfeiture laws that apply in state court. Act quickly to protect your rights because one wrong move might result in you not getting the property back.

The most important thing to remember is that you only have 15 days to demand an adverse preliminary hearing. If you want the property back, an attorney can help you file a demand for an adversarial preliminary hearing.

Several administrative orders explain the procedures for forfeiture hearings in Hillsborough County. Reading these orders is important to understanding the procedures that will apply in your case. In Hillsborough County, forfeiture hearings are governed, in part, by Administrative Order S-2017-067, signed on December 14, 2017.

This administrative order sets out the rules for the initial probable cause determination in the Thirteenth Judicial Circuit in Hillsborough County.

Attorney for Asset Seizure and Forfeiture in Hillsborough County, FL

If your property was seized by a law enforcement agency in Hillsborough County, contact an experienced criminal defense attorney to fight for the return of your property.

We charge a low fee to file a demand for an adversarial preliminary hearing and to negotiate the return of your property. Alternatively, we can sometimes take the case on a contingency basis, which means you don’t have to pay us anything unless we get the property back.

We fight these cases throughout Hillsborough County. Law enforcement agencies in Hillsborough County that seize property include the Hillsborough County Sheriff’s Office, the Tampa Police Department, the Temple Terrace Police Department, the Plant City Police Department, and the Florida Highway Patrol.

We are familiar with the tactics used by these agencies and their attorneys in the forfeiture unit. Our attorneys are also familiar with the rules in civil asset forfeiture cases that apply in state and federal court.

We know how to fight the seizure of a vehicle or other property under the Florida Contraband Forfeiture Act.

Call (813) 250-0500 today.

Recent Case Results involved Seizures for Forfeiture by HCSO

The attorneys at Sammis Law Firm have handled many HCSO cases including:

Hillsborough County Sheriff’s Office Returns $7,783.00 Seized for Forfeiture

In January of 2025, the Hillsborough County Sheriff’s Office (HCSO) seized $7,783.00 from our client. We received a “Notice of Seizure” alleging violations of the Florida Contraband Forfeiture Act. The attorneys at Sammis Law Firm filed a demand for Adversarial Preliminary Hearing (APH) on behalf of our client and provided information showing there was an inadequate basis for the forfeiture. We also obtained a copy of statements written by the deputy hat conducted the seizure. We then filed a motion for the return of property, and HCSO agreed to return all of the property.

Uniform Procedures for Forfeiture of Personal Property

Florida law established specific procedural requirements under the Contraband Forfeiture Act, Sections 932.701 through Section 932.707, Florida Statutes. For instance, Chapter 95-265, Section 4, Laws of Florida, provides that all civil forfeiture cases shall be heard by a circuit court judge in the civil division.

The courts implemented these procedures to create a uniform manner for civil asset forfeiture cases heard by the courts of the Thirteenth Judicial Circuit in and for Tampa and Plant City in Hillsborough County, FL. The blind rotation system assigns all civil forfeiture cases to one of the Circuit Court’s general civil divisions.

Learn more about special procedures used by the Tampa Police Department for seizures and forfeitures.

Right to Adversarial Preliminary Hearing in Hillsborough County

All law enforcement seizing agencies within Hillsborough County must issue a “notice of seizure” to any person entitled to notice of the seizure and an adversarial preliminary hearing. The notice of seizure must be in writing and substantially the same format as Attachment “A” (listed below).

The notice of the seizure and right to an adverse preliminary hearing SHALL be served on the persons entitled to notice at the time of the seizure or by certified mail, return receipt requested, within 5 working days after the seizure of the property.

The law enforcement agency that seized the personal property SHALL serve this notice for all personal property seized pursuant to the provisions of the Contraband Forfeiture Act regardless of means of seizure, including but not limited to, seizure effected under warrant.

Notice of Adversarial Preliminary Hearing in Hillsborough County, FL

If a person entitled to notice desires an adversarial preliminary hearing, a timely request shall be made in writing by certified mail, return receipt requested, to the seizing agency. The administrative order provides:

If a person entitled to notice timely submits to the seizing agency a request for an adversarial preliminary hearing, the seizing agency shall file the notice of seizure (Attachment “A”) with the Clerk of the Circuit Court (“Clerk”) [in Hillsborough County, FL] so that a case number and division may be assigned.

The administrative order requires that the seizing agency shall then take the following actions:

1. contact the court to set a hearing date and time;
2. serve a copy of the notice of hearing on the claimant(s) and provide a copy of the notice to the court; and
3. file the original notice of hearing with the clerk.

No adversarial preliminary hearing shall be scheduled after the court’s entry of any order finding probable cause.

Initial Probable Cause Determination

In the Thirteenth Judicial Circuit in Hillsborough County, the initial probable cause determination is set out in Administrative Order S-2017-067, signed on December 14, 2017.

As to the assignment of the probable cause application, when a seizure of property is made under the Florida Contraband Forfeiture Act, the seizing law enforcement agency must timely apply ex parte to the presiding judge of County Criminal Division “C” for an initial order determining whether probable cause exists for the seizure of the property.

Orders will be filed in the Clerk’s Administrative File according to the process explained in the latest administrative order.

Law enforcement agency attorneys will submit their application via e-mail to the judicial assistant of County Criminal Division “C” who will forward the application to the clerk of court for assignment of a Clerk’s Administrative File number.

After the judge determines whether probable cause exists, the judicial assistant will notify the law enforcement agency attorney, request an appropriate order be submitted, and provide the Clerk’s Administrative File number assigned to the application.

The law enforcement agency attorney submits a proposed order through the Judicial Automated Workload System (JAWS) using the Clerk’s Administrative File number. The proposed order is automatically submitted to the judge’s work queue on JAWS.

If the law enforcement agency wishes the court to seal any portion of the application or sworn affidavit, it must e-mail to the judicial assistant of County Criminal Division “C” a separate Motion to Determine Confidentiality of Court Records simultaneously with the application.

Under the procedure outlined in Florida Rule of Judicial Administration 2.420(e), the application and sworn affidavit “must be treated as confidential by the clerk pending the court’s ruling on the motion.”

After the judge makes a decision on the Motion to Determine Confidentiality of Court Records, the judicial assistant will notify the law enforcement agency attorney, request an appropriate order be submitted, and provide the Clerk’s Administrative File number assigned to the application and motion. The law enforcement agency attorney will submit a proposed order through the JAWS using the Clerk’s Administrative File number.

If the seizing law enforcement agency files a complaint to proceed against the contraband article, the complaint will be filed in the Circuit Civil Division. All adversarial preliminary hearings under the Florida Contraband Forfeiture Act will be scheduled in an assigned division of the Circuit Civil Division as explained in Administrative Order S-2016-061.

Complaint for Forfeiture in Tampa, Hillsborough County, FL

The administrative order provides:

Within 45 days of the seizure of the property, counsel for the seizing agency shall file a complaint styled “In Re: Forfeiture of ___” (followed by a description of the property) and accompanied by a verified supporting affidavit. However, if good cause is shown, the court may extend the time for filing a complaint to 60 days.

Upon the filing of a complaint, if no adversarial preliminary hearing has been held or scheduled, the clerk shall, within 5 working days, forward the file to the court. The seizing agency shall notify the court when the time to respond to the Notice of Seizure has elapsed so that the court may determine probable cause.

The court shall enter an order finding probable cause or no probable cause and forward a copy to counsel for the seizing law enforcement agency and to the claimant(s).

ATTACHMENT A

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION

IN RE: THE FORFEITURE OF:
____________________                                                                                                              CASE NUMBER:
DIVISION:

Agency Report Number:

NOTICE OF SEIZURE OF PERSONAL PROPERTY

DATE:

TO:

This is to advise you that on [date] the [law enforcement agency] seized [description of property] for violation of the Florida Contraband Forfeiture Act, Florida Statute, 932.701-707 (1995).

YOU HAVE THE RIGHT to request an adversarial preliminary hearing to have a court determine whether probable cause exists to believe the property seized has been or is being used in violation of the Florida Contraband Forfeiture Act.

The request must be made within fifteen (15) days after receiving this notice.

In order to request such a hearing, you must submit the request in writing by certified mail, return receipt requested, to the seizing agency below.

The request must include an address at which the seizing agency may serve you with further papers in this proceeding. The seizing agency will set a hearing with the court and will notify you of the time, date, and place of that 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.

Signature of Officer or Attorney
For Seizing Agency

____________________, Esquire
____________________
____________________
(Name and address of attorney for seizing agency)

(Check one of the following)
___ Certificate of Mailing by Certified Mail
___ Hand Delivered, Accepted by ____________________

HCSO’s Request for APH in Hillsborough County

After you demand an adversarial preliminary hearing through the forfeiture unit of the agency that seized the property, they are required to set up a hearing within 10 days. Within those 10 days you will receive the agency’s motion requesting the hearing and an order setting the hearing date and time.

The attorney for the Hillsborough County Sheriff’s Office will then file the following motion:

EMERGENCY REQUEST

FOR AN ADVERSARIAL PRELIMINARY HEARING

PURSUANT TO THE FLORIDA CONTRABAND FORFEITURE ACT

     PETITIONER, Hillsborough County Sheriff’s Office (H.C.S.O.), by and through the undersigned attorney, files this request that an Adversarial Preliminary Hearing be scheduled in this cause, on an emergency basis, to determine whether probable cause exists that the seized property in this cause was used in violation of the Florida Contraband Forfeiture Act.

1. The nature of the emergency is that, pursuant to § 932.703(2)(a), Fla. Stat., a seizing agency “shall set and notice the hearing, which must be held within ten (10) days after the request or as soon as practicable thereafter.”
2. H.C.S.O. seized the property that is the subject of this motion on _____ and received a request for an Adversarial Preliminary Hearing on _____.
3. In order to protect its case from dismissal, Petitioner respectfully requests that this hearing be heard on an emergency basis, no later than ________ or as soon as practicable thereafter.

HSCO’s Standard Operating Procedures for Contraband Forfeitures

The standard operating procedures for seizures for forfeitures under Florida’s Contraband Forfeiture Act are published in SOP Number: GEN 504.01 which provides:

I. PURPOSE:

The purpose of this standard operating procedure is to standardize the law enforcement policies and procedures used in seizing, maintaining, and forfeiting assets pursuant to the provisions of the Florida Contraband Forfeiture Act (Florida Statutes 932.701 – 932.7062), hereinafter called the “Forfeiture Act.”

II. SCOPE:

This procedure shall apply to all Sheriff’s Office personnel involved with seizing property for forfeiture.

III. POLICY:

It is the policy of this State that law enforcement agencies 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 interests of innocent owners and lienholders.

IV. DISCUSSION:

The Forfeiture Act authorizes law enforcement agencies to seize and forfeit personal property including, but not limited to, currency, vehicles, vessels, aircraft, jewelry, machines, and real property (land and all the things that are attached to it) under the appropriate circumstances. Due to filing fees and bond requirements associated with forfeiture cases, the Sheriff’s Office has established certain minimum threshold requirements on all forfeiture seizures, as described in this standard operating procedure. To prevail in a forfeiture proceeding, the seizing agency must prove beyond a reasonable doubt that the seized property was being used in violation of the Forfeiture Act. The Forfeiture Unit with the Legal Division represents the agency in the court proceedings associated with seizures.

V. SEIZURE OF PERSONAL PROPERTY:

A. Seizures of personal property will typically involve money and/or vehicles. However, contraband articles subject to forfeiture can also include items listed in Florida Statute 932.70 (2), such as gambling paraphernalia, tools, jewelry, household goods, equipment, electronics, negotiable instruments, vessels, and aircraft, among other items.

B. Grounds: Under the Forfeiture Act, a law enforcement deputy may seize personal property for forfeiture when there is probable cause to believe that:

1. The item sought to be seized has a nexus (or connection) to narcotics activity in violation of Florida Statute, Chapter 893, whether or not the item can be traced to a specific narcotics transaction.
2. The item sought to be seized 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.
3. The item sought to be seized was acquired by proceeds obtained as a result of a violation of the Forfeiture Act.
4. The item sought to be seized is a motor vehicle used in the commission of a specific DUI offense described in Florida Statute 322.34 (9) (discussed in Section F below).

This list is not exhaustive; personal property may also be seized for forfeiture under other legal grounds specified in the Forfeiture Act, or as otherwise authorized by Florida Law.

C. A seizure may occur only if the owner of the property is arrested for a criminal offense that forms the basis for determining that the property is a contraband article, or one of the following circumstances apply:

1. The owner of the property cannot be identified after a diligent search, or the person in possession of the property denies ownership and the owner of the property cannot be identified by means that are available to the seizing agency at the time of the seizure.
2. The owner of the property is a fugitive from justice or is deceased.
3. An individual who does not own the property is arrested for a criminal offense that forms the basis for determining that the property is contraband and the property owner had actual knowledge of the criminal activity.
4. The owner of the property agrees to be a confidential informant as defined in Florida Statute 914.28.
5. The property is a monetary instrument which includes currency, coin, checks, money orders, securities, negotiable instruments, prepaid cards, and certain precious metals.

D. Personal Property Criteria: The Sheriff’s Office has established minimum criteria that should be met before personal property is seized for forfeiture: *

1. Currency: Shall be in the minimum amount of $2,000.00. Pursuant to the Forfeiture Act, the determination of whether to seize currency must be made by a supervisor. Seizure of currency in amounts less than $2,000.00 may be considered with prior approval by the Forfeiture Unit, or when seized in conjunction with a vehicle or other personal property.
2. Vehicles: Should not be more than ten years old unless prior approval is obtained from the Forfeiture Unit. However, this requirement does not apply to vehicles seized pursuant to Florida Statute 322.34 (9) (discussed in Section F below), or as otherwise directed by the Sheriff, or designee. *
3. Other personal property: Shall have a minimum value of $2,000.00 and should not be seized without prior approval by the Forfeiture Unit.

E. Personal Property Seizure Procedures: A seizure of personal property will require certain procedures and/or documents, including:

1. Notice: At the time of seizure, the Lead Investigator/Seizing Deputy is responsible for providing a completed Notice of Violation of Florida Contraband Forfeiture Act form to all known interested parties. Interested parties include persons in possession of the personal property and any registered owner(s), title holder(s), and bona fide lienholder(s). If a person refuses to sign a Notice of Violation of Florida Contraband Forfeiture Act form, the Lead Investigator/Seizing Deputy should document the failure to sign in the signature block and give that person their copy of the form. If assistance is needed in notifying an interested party, the Lead Investigator/Seizing Deputy shall contact the Forfeiture Unit within 48 hours of the seizure.
2. Statement of Disclaimer of Interest: If any interested party knowingly, intelligently, and voluntarily disclaims their interest in the seized property, the Lead Investigator/Seizing Deputy should have that person execute a Statement of Disclaimer of Interest and Ownership form. In such cases, that party need not receive a Notice of Violation of Florida Contraband Forfeiture Act form.
3. Transport: A seized vehicle, vessel, or aircraft shall not be transported by a Sheriff’s Office employee. The Lead Investigator/Seizing Deputy shall contact the Communications Bureau Administrative Dispatcher and advise that a vehicle, vessel, or aircraft is being seized for forfeiture and request a wrecker from the Star Rotation list to transport the seized vehicle, vessel, or aircraft (and keys) to the Evidence Section, or designated facility. The Lead Investigator/Seizing Deputy should include any towing invoice with the forfeiture packet sent to the Forfeiture Unit.
4. Data Entry: In all cases where a vehicle, vessel, or aircraft is seized, the Lead Investigator/Seizing Deputy should enter all applicable vehicle information into RMS (Records Management System) “Seized/Towed” page. The Lead Investigator/Seizing Deputy should complete the HCSO Seized Vehicle form and place the form on the dashboard of the seized vehicle.
5. Inventory: A complete inventory of the seized property and all containers found therein shall be completed at the time of the seizure. Items found within a seized vehicle, vessel, or aircraft shall be impounded and inventoried separately. After seizure, any property seized with other items (e.g., clothing, personal items) and not being retained as evidence or for forfeiture should be returned to the lawful owner. If the owner of such property is unknown, has been arrested, or is otherwise unavailable to take possession of the property at the time of seizure, the property shall be placed into Evidence and a property release should be completed returning the property to the lawful owner. Any abandoned or unclaimed property will be disposed of pursuant to Florida Law. *
6. Submitting Forfeiture Paperwork: After an item is seized for forfeiture, the Lead Investigator/Seizing Deputy shall complete all forfeiture paperwork and deliver copies to the Forfeiture Unit within 48 hours of the seizure. The Lead Investigator/Seizing Deputy should ensure that all documents are as specific as possible, including a detailed description of the seized property, make, model, VIN, mileage, means of towing or transport, owner, lien information, any damage, and the location, date, and time of seizure. When property is seized pursuant to the Forfeiture Act, the Forfeiture Unit shall apply, within ten business days after the seizure, for an order determining whether probable cause exists for the continued seizure. In addition, the claimant may request an adversarial preliminary hearing, which will be set by the Forfeiture Unit within ten days after the request is received. If an adversarial preliminary hearing is requested, the Forfeiture Unit will contact the involved deputies about the hearing date.
7. Application for Seizure Warrant:
   • a. When personal property is seized for forfeiture after a violation of the Forfeiture Act, the Lead Investigator/Seizing Deputy shall apply for a seizure warrant in the Circuit Court within ten business days after the date of seizure. The seizure warrant application must be accompanied by a sworn affidavit and may be filed electronically.
   • Upon appropriate application, the court may seal any portion of the seizure warrant application and the record of any proceeding under the Forfeiture Act, which is exempt, confidential, or may otherwise be sealed.
8. Additional Lead Investigator/Seizing Deputy Responsibilities: The Lead Investigator/Seizing Deputy shall ensure that the probable cause supporting the seizure is promptly reviewed by supervisory personnel; notify the Forfeiture Unit if the forfeiture case involved other law enforcement agencies or if the Sheriff’s Office participated in a case which led to property being seized for forfeiture by other law enforcement agencies; advise the Forfeiture Unit of criminal case motions, hearings, or rulings which may adversely affect the civil forfeiture case; provide the Forfeiture Unit with any updates pertinent to the forfeiture; and follow through on all forfeiture cases until a final disposition is reached and the case is concluded.

F. DUI Seizure Pursuant to Florida Statute 322.34(9):

Seizing a vehicle driven during a DUI may be appropriate if, after arresting a subject for DUI, the Lead Investigator/Seizing Deputy determines at the time of arrest that the suspect’s driver license was suspended, revoked, or canceled as a result of a prior conviction for DUI. Under these circumstances, the criteria of Section V. D. 2. shall not apply. The Lead Investigator/Seizing Deputy seizing the vehicle shall notify the Department of Highway Safety and Motor Vehicles (DHSMV) of the vehicle’s seizure as required by Florida Statute 322.34(9)(b). Otherwise, a vehicle seizure made pursuant to Florida Statute 322.34 (9), must conform to the procedures in this standard operating procedure. (A vehicle driven during a DUI may also be seized for forfeiture if the vehicle was used as an instrumentality in the commission of a felony, including felony DUI; however, the criteria of Section V. D. 2. would apply.)

G. Storage:

Seized property shall be stored in a secure area and reasonable efforts shall be made to maintain the property in a similar condition as when seized. Seized items should be protected against disposal, waste, or continued illegal use until the disposition of the forfeiture proceeding. Seized items shall not be used or utilized until a final judgment of forfeiture or title to the property is obtained. However, seized property may be started, moved, or operated as necessary for reasonable maintenance. If special maintenance or storage is required to maintain seized property, such maintenance shall be provided within a reasonable time after seizure, with such care continuing until a final disposition is reached. The Sheriff’s Office will be responsible for any damage to the property and for any storage fees or maintenance costs applicable to the property.

H. Release of Seized Property:

1. If a claimant prevails in a forfeiture proceeding, the Forfeiture Unit shall direct that the seized property be released to the lawful owner, or designee, as soon as possible.
2. Prior to the Forfeiture Unit making a determination not to proceed with a forfeiture case, the Forfeiture Unit shall contact the supervisor of the Lead Investigator/Seizing Deputy to review the case.

I. Any seizure of personal property will be made pursuant to the Forfeiture Act and this standard operating procedure.

VI. SEIZURE OF DERIVATIVE OR SUBSTITUTE PROPERTY:

A. Prior to any seizure of derivative or substitute property, approval must be obtained from the Forfeiture Unit.

B. Derivative Property is personal or real property acquired with the proceeds of unlawful activity. Any personal or real property acquired by proceeds obtained as a result of a violation of the Forfeiture Act may be seized and forfeited under the appropriate circumstances.

C. Substitute Property is property equal in value and which may be seized and forfeited under specific circumstances such as when the contraband property cannot be located; has been sold, transferred, or deposited with a third party; has been placed beyond the jurisdiction of the court; has substantially diminished in value; or has been co-mingled or mixed with other property such that it cannot be removed or divided without difficulty.

D. Any seizure of derivative or substitute property will be made pursuant to the Forfeiture Act and this standard operating procedure.

VII. SEIZURE OF REAL PROPERTY:

A. Prior to any seizure of real property, approval must be obtained from the Forfeiture Unit.

B. Florida law provides for the seizure and forfeiture of real property or any interest in real property under certain circumstances. The procedures for a seizure of real property are discussed in the Forfeiture Act, including Florida Statute 932.703 (3) (b).

C. Considerations for seizing real property will include any Homestead Exemption, innocent owner claim(s), the value and equity in the property, the amount of income generated by any business located on the property, the value of any inventory or contents, any expenses of maintaining and managing the property, the condition of the property, the local real estate market, the location of the property, any environmental violations, endangered lands, hazards, length and cost of litigation, and whether the occupants will be permitted to occupy the premises pending the final disposition of the forfeiture case.

D. Any seizure of real property will be made pursuant to the Forfeiture Act and this standard operating procedure.

VIII. OWNERS WITHOUT ACTUAL KNOWLEDGE (applicable to all types of seizures):

A. When the owner of property used in violation of the Forfeiture Act does not have actual knowledge of the use of the property in criminal activity, the property should not be seized for forfeiture. Instead, the Lead Investigator/Seizing Deputy shall complete the Notice of Violation of Florida Contraband Forfeiture Act form, Section II (a) only, and provide the owner with their copy of said form. If the owner has previously received written notice that the property had been used in violation of the Forfeiture Act, such notice may be used to establish actual knowledge on the part of the owner, and the property may be seized for forfeiture.

B. Prior to any seizure of property that is owned by an individual who does not have actual knowledge of the use of the property in criminal activity, approval must be obtained from the Forfeiture Unit.

C. Any seizure of property owned by a person who has actual knowledge of the use of the property in criminal activity will be made pursuant to the Forfeiture Act and this standard operating procedure.

IX. HCSO LEGAL DIVISION – FORFEITURE UNIT:

A. The Forfeiture Unit will promptly review and evaluate forfeiture materials submitted by the Lead Investigator/Seizing Deputy.

B. The Forfeiture Unit’s review will include:

1. Whether there is legal sufficiency to proceed with a civil forfeiture case.
2. A review of all asserted claims of interest in seized property for potential validity, including whether the owner of seized property had actual knowledge of the criminal activity.

C. Upon a determination to proceed with the forfeiture case, the Forfeiture Unit will coordinate the forfeiture process within the Sheriff’s Office, which may include the filing of a civil forfeiture complaint, pursuant to the Forfeiture Act.

D. Prior to the Forfeiture Unit making a determination to settle a forfeiture case, the Forfeiture Unit shall contact the supervisor of the Lead Investigator/Seizing Deputy to review the case.

1. Settlement offers may be made where there is sufficient probable cause for seizure but the settlement is deemed to be in the best interests of the Sheriff’s Office.
2. If a settlement offer is to be made, the Forfeiture Unit will convey such offer to the claimant(s), prepare the necessary documents, and coordinate the release of any settled property.
3. After property is seized for forfeiture, all settlements will be approved by the Sheriff. If the Sheriff is unavailable and a delay would adversely affect the settlement, the settlement will be approved by the Sheriff’s designee.

E. In the event that a Notice of Violation of Florida Contraband Forfeiture Act form has not been delivered to all appropriate parties at the time of arrest or seizure, the Forfeiture Unit can assist by sending notice via certified mail to all potential claimants, as long as the notice is mailed within five working days after the seizure.

F. With prior notification, on-scene assistance is available from the Forfeiture Unit (roundups, seizure warrants, search warrants, etc.).

G. Forfeiture claimants are entitled to a jury trial. If a trial is scheduled, the Forfeiture Unit will coordinate and contact the involved deputies.

H. The Forfeiture Unit, as the Sheriff’s designee, will make the determination of whether to file any appeal if a claimant prevails at the conclusion of any forfeiture proceeding.

I. The Forfeiture Unit will conduct basic training and continuing education as required by the Forfeiture Act for all Sheriff’s Office personnel involved in forfeiture seizures. Said training will address the legal aspects of forfeiture including, but not limited to, search and seizure and other constitutional considerations.

J. The Forfeiture Unit will conduct an annual review of forfeiture seizures and proceedings to determine whether such seizures comply with the Forfeiture Act and Florida Statutes. If said review suggests deficiencies, the Forfeiture Unit shall promptly take action to comply with the Forfeiture Act. The Forfeiture Unit will coordinate the submission of an annual report to the Florida Department of Law Enforcement pursuant to Florida Statute 932.7061.

K. The Forfeiture Unit shall be available for consultation and assistance on forfeiture matters. Questions and inquiries should be followed by memorandums when a formal response is requested. Please contact the Forfeiture Unit with any questions regarding forfeiture seizures or forfeiture procedures.

Chad Chronister Sheriff

Amends or Supersedes: SO 9706.32, SO 9909.41, SO 0109.3

Additional Resources

HCSO’s Auction of Seized Property – Visit the website of the Hillsborough County Sheriff’s Office to find notices for public auctions of seized property. Under State Statutes 274, 705, and 932, the Hillsborough County Sheriff’s Office offers for sale to the general public unclaimed abandoned property, unclaimed evidence, and other seized property subjected to forfeiture proceedings. The type of seized property available at the auctions includes cars, boats, trucks, heavy equipment, collectible currency/coins, cameras, jewelry, “high-value” items.

Finding an Attorney for Seized Property in Hillsborough County

If your property was seized by a law enforcement agency in Tampa, Hillsborough County, or the surrounding areas throughout Tampa Bay, contact an experienced criminal defense attorney.

We work hard to get our clients’ property back to them through an adverse preliminary hearing, which is often the best way to fight for the property’s return. Our criminal defense attorneys also fight asset forfeiture cases even when the person is never arrested or charged with a crime.

We fight civil and criminal asset forfeitures in Hillsborough County and the surrounding counties of Hernando County, Pasco County, Pinellas County, and Polk County, FL. We can help you fight to protect your rights from the adverse preliminary hearing through trial.

Call (813) 250-0500.

This article was last updated on Monday, April 6, 2026.