Seizure for Forfeiture in Orange County, FL
If your property was seized for forfeiture in Orlando County, FL, you’ve come to the right place. The civil asset forfeiture attorneys at Sammis Law Firm prepared this article explaining your rights after your property is confiscated by law enforcement.
Call us at 813-250-0500 for a free and confidential consultation.
Under state or federal law, law enforcement agencies in Orange County, FL, seize property for forfeiture. The agency that seizes the property might issue a receipt to the person from whom the property was seized.
Under Section 932.703(3), Florida Statutes, the agency must provide a written “notice of seizure” that explains the right to request an adversarial preliminary hearing (APH). The “notice of seizure” explains which agency seized the property and its legal authority for doing so.
Under state law, the seizing agency must apply for an ex parte order finding probable cause for the seizure within ten (10) business days of the seizure, as required by Section 932.703(2)(a), Florida Statutes. For this reason, the agency will file an Application for Seizure Probable Cause Determination and accompanying sworn affidavit.
The agency must file a formal civil action, a “complaint for forfeiture,” within forty-five (45) days of the seizure as required by Section 932.703(2)(a), Florida Statutes. After being served with the complaint, the claimant has twenty (20) days to file an answer and assert defenses.
Most of the seizures for forfeiture in Orange County, FL, are conducted by law enforcement officers with the Orange County Sheriff’s Office or the Orlando Police Department. Those officers might also work on a federal law enforcement task force.
Attorneys for Forfeiture Seizures in Orlando, FL
The attorneys at Sammis Law Firm can help you send a written request for an adversarial preliminary hearing. After receiving the request for an APH, the law enforcement agency in Orange County, FL, will schedule the hearing and provide notice within ten (10) days of receiving the written request.
Our civil asset forfeiture attorneys can represent you in Orlando and Orange County, FL, by sending your demand for the Adversarial Preliminary Hearing (APH).
During the negotiations, we fight to avoid any towing charges, storage fees, administrative costs, and maintenance costs under Section 932.703(1)(d)2, F.S.
If a law enforcement agency in Orange County, FL, including the Orlando Police Department, files a complaint for forfeiture, our attorneys can help you file a verified claim and answer the lawsuit.
We also handle cases involving the seizure of U.S. Currency at the Orlando International Airport MCO.
Call 813-250-0500.
Seizure for Forfeiture by the Orlando Police Department
The Orlando Police Department seizes property for forfeiture, including U.S. Currency and vehicles. As of May 22, 2024, officers must follow the standard operating procedures listed in Chapter 1106.8 for Contraband, Seizure, and Forfeiture.
The purpose of the standard operating procedures is to create an orderly process for the police’s seizure and forfeiture of personal and real property in Orlando, FL, under the Florida Contraband Forfeiture Act, Sections 932.701-932.7062, Florida Statutes (hereinafter the “FCFA”).
The Orlando Police Department (OPD) uses forfeiture “to the fullest extent possible to impact criminal activity, provide law enforcement with economic benefit, and protect the substantive and procedural due process rights of all interested persons.” Law enforcement is supposed to be the principal objective of asset forfeiture.
The Orlando Police Department acknowledges the potential for revenues from forfeitures must 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.
In most cases, an arrest is required for a seizure. For example, a seizure may occur if the property owner is arrested for a criminal offense that forms the basis for determining that the property is a contraband article under Fl. Stat. 932.701. The most commonly cited exception to this rule is when the property is U.S. Currency (cash or money) or another type of monetary instrument.
At trial, the burden of proof in a forfeiture case is “beyond a reasonable doubt.” Florida law provides an “innocent owner” with an affirmative defense to forfeiture. An affirmative defense operates to defeat the forfeiture action, even if the facts supporting the forfeiture action are proven true.
After seizing property for forfeiture, the Orlando Police must ensure that all interested persons are notified in a timely manner. The notice must advise interested persons that they have the right to request an adversarial preliminary hearing within 15 days.
If the officer fails to give the Notice of Forfeiture to the owner(s) on the scene, the Police Legal Advisor at the Orlando Police Department is required to send notice to all interested persons by certified mail.
The agency will also publish a notice online, usually in the Apopka Chief and on https://floridapublicnotices.com/. That notice might provide:
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO. 2025-CA-00XXXX
DIVISION: XX
IN RE: FORFEITURE OF $_______ U.S. CURRENCY
NOTICE OF ACTION
TO: [Name of the Potential Claimant Known To Have an Interest in the Property]
YOU ARE NOTIFIED that an action pursuant to the Florida Contraband Forfeiture Act has been filed by the Orlando Police Department on the following property in Orange County, FL: $______ U.S. Currency seized on or about [date] at or near [location] in Orlando, FL, Orange County. You are required to serve a copy of your written defenses, if any, to Senior Orlando Police Legal Advisor Shannon Gridley Hesse, Petitioner’s attorney, 1250 W. South Street, Orlando, FL 32805, on or before [deadline to file the initial pleadings], and file the original with the Clerk of this Court either before service on Petitioner’s attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the Petition for Final Judgment of Forfeiture.
DATED this [[date]]
TIFFANY MOORE
RUSSELL
Clerk of Courts
By: /s/ Rasheda Thomas
Deputy Clerk
Circuit Court Seal
Civil Division
425 N Orange Ave
Room 350
Orlando,
Florida 32801
Publish: [date]
This article was last updated on Friday, September 13, 2024.
