Seizure for Forfeiture in Manatee County, FL
The Circuit Court for the Twelfth Judicial Circuit in Manatee County created Administrative Order No. 2016-15 to establish uniform procedures for forfeitures of personal property.
The attorneys at Sammis Law Firm are familiar with the tactics used by law enforcement agencies in Manatee County when they seize U.S. Currency (cash or money), cryptocurrency (Bitcoin) motor vehicles, or vessels.
When law enforcement officers at the state or local level seize property for forfeiture, the Florida Contraband Forfeiture Act sets forth the procedural requirements for forfeiting contraband articles in Florida Statute §§ 932.701-932.7062.
The law enforcement agencies that seize cash or other property in Manatee County, FL, include the Manatee County Sheriff’s Office, Bradenton Police Department, Bradenton Beach Police Department, Holmes Beach Police Department, Palmetto Police Department, and Florida Highway Patrol (FHP).
Immediately after the seizure, the Manatee County Sheriff’s Office might serve a notice of seizure on MCSO FM 98-062 (Rev 09/16) that explains your rights to demand an adversarial preliminary hearing by sending a request to the address on the notice. For seizures by the Manatee County Sheriff’s Office, the address on the notice might be listed as:
General Counsel
Manatee County Sheriff’s Office
600 301 Blvd. W., Suite 202
Bradenton, Florida 34205
Tel: 941-747-3011
email: legalseizureintake@manateesheriff.com
The general counsel for the MCSO litigates contraband forfeiture actions and advises the agency on policy and procedure related to contraband forfeiture. The general counsel for the agency is also responsible for the annual reporting of contraband forfeiture to FDLE.
Attorney for Forfeiture Actions in Manatee, FL
Your best chance of getting the property back quickly requires filing for an adversarial preliminary hearing (APH) within 15 days of the seizure or the date you received notice of seizure.
If your property is not returned at the adversarial preliminary hearing, the agency might file a complaint for forfeiture. At that point, you must file a verified claim, answer, and list of your affirmative defenses. Your civil asset forfeiture attorney can help you through the discovery process as you get the case ready for trial.
If your property or money was seized by an officer in Manatee or Sarasota County, FL, contact the attorneys at Sammis Law Firm to discuss the best way to get your property back quickly.
Call 813-250-0500 today.
Ex-Parte Application for Seizure Probable Cause Determination
If a law enforcement officer in Manatee County or Sarasota County seized your personal property, including a vehicle or currency. In that case, the agency will file an “EX-PARTE APPLICATION FOR SEIZURE PROBABLE CAUSE DETERMINATION.”
The application must be filed in compliance with section 932.703(2), Florida Statutes, describing the property seized within ten (10) business days of seizing that property.
The requirements specified in paragraph (l)(a) of section 932.703, Florida Statutes, are satisfied based on establishing one of the following facts:
- The owner of the property was arrested for a criminal offense that forms the basis for determining that the property is a contraband article under section 932.701, Florida Statutes;
- 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 employee or agent of the seizing agency at the time of the seizure;
- The owner is a fugitive from justice or is deceased;
- An individual who does not own the property is arrested for a criminal offense that forms the basis for determining that the property is a contraband article under section 932.701, Florida Statutes, and the owner of the property had actual knowledge of the criminal activity;
- The owner of the property agrees to be a confidential informant as defined in section 914.28, Florida Statutes; or
- The property is a monetary instrument.
Circuit Civil Forfeiture Proceedings Generally
Following Section 932. 704(2), F.S., of the Florida Contraband Forfeiture Act, all civil forfeiture cases are heard before a judge in the civil division and shall be assigned in the same manner other circuit civil cases are assigned.
The only exception to that procedural rule applies when seeking an application for an ex-parte order finding probable cause for seizure as described below,
Because forfeiture proceedings are civil, court reporters shall not be provided at the county or state expense. The seizing agency and/or Claimant(s) are responsible for securing the services of and paying the cost of court reporting services.
Section 932.703, Florida Statutes, recognizes that specific events may occur after a seizure under the Forfeiture Act but before the civil complaint is filed that requires court action.
For instance, during the 45-day period between the seizure and the deadline for filing a formal civil action, section 932 .703(2)(a), Florida Statutes, requires that the seizing agency apply to the circuit court for an order determining the existence of probable cause.
Florida’s forfeiture laws also require, under Section 932.703(3), Florida Statutes, that the agency provide notice of the right to an adversarial preliminary hearing, which may be required before filing a complaint.
A civil case number is available for these filings to maintain an adequate record of these initial documents.
If any claimant requests an adversary hearing, the law enforcement agency in Manatee County that seized the property must schedule the Adversary Preliminary Hearing to be heard within ten (10) days of the request or as soon as practicable thereafter.
The hearing shall be scheduled before the civil judge assigned to the action by the Clerk of Court.
Complaint for Forfeiture Pursuant to §932.704(5)(c)
The attorneys representing the seizing agencies seeking forfeiture in the Twelfth Judicial Circuit must use a Complaint for Forfeiture in substantially the same format as “Attachment C” of the administrative order.
Section 932.704(5)(c), Florida Statutes, requires any claimant who desires to contest the forfeiture to file and serve upon the attorney for the seizing agency any responsive pleading and affirmative defenses within 20 days after receiving the complaint.
To comply with this provision, the court has entered Administrative Order 2016-14.1 Notice to Claimant of Seizure and Filing Requirements under Florida Statutes Section 932. 704(5)(c), and counsel for the agency shall include a copy of that order with the complaint and summons to be served upon the claimant.
The administrative order includes a sample of the order advising the claimant of the responsive pleading requirements, which is attached as Attachment D.
Upon filing the Complaint and affidavit, paying the appropriate filing fee, and posting a bond according to section 932.704(4), Florida Statutes, the Clerk of the Court shall cause the opening of a circuit civil proceeding, which shall be treated in like manner.
Attorney Fees in Civil Asset Forfeiture Cases
In actions for forfeiture under Sections 932.701-932.7062, Florida Statutes, the Florida Contraband Forfeiture Act, the law enforcement agency acting as a claimant, under Section 932.704(4), Florida Statutes, must file a notice of depositing a $1,500 cash bond with the clerk of court.
If the law enforcement agency prevails in the civil asset forfeiture action, the bond will be refunded to it. If a different claimant prevails in the forfeiture action or any appeal, that claimant will be paid the bond unless the parties expressly agree otherwise in writing.
The $1,500 essentially acts as an award for attorney fees if the agency does not prevail in the forfeiture action and any other claimant is awarded the property.
Published Notice of a Forfeiture Action in Manatee County, FL
Florida law requires that the agency file a notice of the legal action before obtaining a default judgment. The published notice might provide:
NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA
Case No.: 2024 CA ______ AX
Agency Case No.: 2024-______
IN RE: FORFEITURE OF: [description of the property or U.S. currency seized]TO ALL PERSONS OR ENTITIES HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED:
YOU ARE NOTIFIED that an action pursuant to the Florida Contraband Forfeiture Act has been filed by Petitioner, Manatee County Sheriffs Office, on the following property in Manatee County, Florida: [[description of the property or U.S. currency seized], and you are required to serve a copy of your written defenses to it, if any, on the Attorney for Petitioner, Brian A. Iten, General Counsel, Manatee County Sheriffs Office, at the address of 600 Hwy. 301 Blvd. W., Ste. 202, Bradenton, FL 34205 within 20 days after last publication of this Notice and file the original with the Clerk of this Court either before service on Petitioners attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the Complaint.
In and for Manatee County:
If you cannot afford an attorney, contact Gulfcoast Legal Services at (941) 746-6151 or www.gulfcoastlegal.org, or Legal Aid of Manasota at (941) 747-1628 or www.legalaidofmanasota.org. If you do not qualify for free legal assistance or do not know an attorney, you may email an attorney referral service (listed in the phone book) or contact the Florida Bar Lawyer Referral Service at (800) 342-8011.
If you are a person with a disability who needs any accommodations in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
DATED: 12/3/2024
ANGELINA COLONNESO, CLERK OF THE CIRCUIT COURT MANATEE COUNTY, FLORIDA
1115 Manatee Avenue West
Bradenton, FL 34205
(Seal) BY: Deputy Clerk
Law Enforcement Agencies that Seize U.S. Currency in Manatee County, FL
The law enforcement agencies that seize property in Manatee County, FL, include:
- the Manatee County Sheriff’s Office;
- the Bradenton Police Department;
- the Bradenton Beach Police Department;
- the Holmes Beach Police Department;
- the Palmetto Police Department, and
- the Florida Highway Patrol (FHP).
Each law enforcement agency in Manatee County that seizes U.S. Currency and other property under Florida’s civil asset forfeiture laws has different policies and procedures.
This article was last updated on Wednesday, December 18, 2024.