Asset Forfeiture in Osceola County

In Osceola County, FL, law enforcement agencies use state and federal forfeiture statutes to seize property.

In addition to making arrests for felony or misdemeanor charges, the following agencies in Osceola County seize property for forfeiture under the Florida Contraband Forfeiture Act (FCFA):

  • the Osceola County Sheriff’s Office (OCSO)
  • the Kissimmee Police Department (KPD)
  • the St. Cloud Police Department (SCPD)
  • the Florida Highway Patrol (FHP)

If your property is seized in Osceola County, FL, under state law, the seizing agent must provide a receipt to any person possessing the property at the time of the seizure. The seizing agent must also serve the owner with a “notice of seizure.”

The notice of seizure explains that you have only fifteen (15) days to demand an Adversarial Preliminary Hearing (APH). Demanding the APH is often the best way to get the property back quickly.

After the seizure, any person with a proprietary interest in the seized property has standing to challenge the forfeiture. Those with a “proprietary interest” in the seized property might include:

  1. any owner or co-owner of the property;
  2. anyone in possession of the property at the time of the seizure if they were acting as the bailee;
  3. any lien holder;
  4. any title holder;
  5. any purchaser or seller for value.

If the property is seized under state law, the proceeding must follow the Florida Contraband Forfeiture Act (FCFA) requirements. The types of property seized for forfeiture in Osceola County, FL, might include:

  1. U.S. Currency (cash or money)
  2. cryptocurrency
  3. a motor vehicle
  4. a vessel
  5. an aircraft
  6. real estate

After a seizure for forfeiture, act quickly to hire an attorney experienced in forfeiture law to help you get the property back.

Attorney for Contraband Forfeitures in Osceola County, FL

If your property was seized for forfeiture in Osceola County, FL, contact an experienced attorney at Sammis Law Firm. We can help clients in criminal and civil asset forfeiture cases.

We understand the requirements of the Florida Contraband Forfeiture Act (FCFA) and the special rules that apply to law enforcement officers in Osceola County when seizing property under the FCFA.

We are particularly familiar with the tactics used by the Osceola County Sheriff’s Office, the Florida Highway Patrol (FHP), and the local police departments in Kissimmee and St. Cloud Police.

If you received a notice of seizure, you only have 15 days to demand an adversarial preliminary hearing.

We can help you file the demand and explain to the court why the property should be returned to you. If a complaint for forfeiture is filed, we can represent you at a jury trial or negotiate the return of the property on a pre-trial basis.

Call 813-250-0500.


Requirements of the FCFA in Osceola County, FL

To seize the property for forfeiture under the Florida Contraband Forfeiture Act (FCFA) in Osceola County, FL, the seizing agent must have probable cause to believe the item subject to seizure has been used, is being used, or was attempted to be used in violation of any provision of the FCFA.

Additionally, the seizing agent must show that either:

  • the owner of the property is arrested for the criminal offense which forms the basis for the forfeiture; or
  • one or more of the following circumstances apply to the situation:
    • The owner of the property cannot be identified after a diligent search.
    • 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 member at the time of the seizure;
    • The owner of the property is a fugitive from justice;
    • The owner of the property is deceased;
    • A person who does not own the property is arrested for a criminal offense, which forms the basis for the forfeiture, and the owner of the property had actual knowledge of the criminal activity;
    • The owner of the property agrees to be a confidential informant
    • The property qualifies as a “monetary instrument” defined by the FCFA.

Other limitations occur in forfeiture cases. For example, no law enforcement officer in Oceola County, FL, should not receive any compensation for, or have their employment, salary, promotion, or any other compensation dependent on, attaining a quota of seizures.

Seizures from Innocent Owners

If the owner’s property is seized, and they claim to be an innocent owner, the agency might provide them with written notification that the seized asset had been used in violation of the FCFA on a prior occasion by the arrested person. That notification might later be used as evidence to “establish actual knowledge” if the property is seized again.

Seizures from Fugitives from Justice

The seizing agency might claim the owner is a “fugitive from justice” if there is an active arrest warrant for the owner for a criminal offense, which forms the basis for the forfeiture.

If the seizing agency believes probable cause exists to obtain an arrest warrant, they might obtain one immediately after the seizure.

Seizures from a Confidential Informant

Special rules apply when the owner of the seized property agrees to become a confidential informant (“CI”). No area of the law is more fraught with corruption than law enforcement officers seizing property from people they want to use as confidential informants.

If the owner of the seized property agrees to be a confidential informant, the seizing officer is not allowed to use the threat of property seizure or forfeiture to coerce the owner of the property to enter into a confidential informant agreement.

The agency must return the property to the owner if:

  • criminal charges are not filed against the owner, and the active criminal investigation ends, or
  • The owner ceases being a confidential informant unless the owner agrees otherwise (e.g., final forfeiture of the property is included as a component of the confidential informant agreement).

Finding the Published Notice of Seizure in Osceola County, FL

If your property was seized, the seizing agent must serve you with a notice of seizure. If they filed to serve you with a notice of seizure, an attorney can help you search the clerk of court website to find the agency’s application for a probable cause determination and any complaint for seizure.

We can also help you search the floridapublicnotices.com website for any published notice.

For example, this notice was recently published online by the Osceola County Sheriff’s Office:

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA.
CASE NO. 2024-CA-00____ FO
IN RE: FORFEITURE OF $______ U.S. Currency
OSCEOLA COUNTY SHERIFF’S OFFICE,
     Plaintiff,
vs.
[Name of Defendant],
     Defendant.
NOTICE OF ACTION
TO: [name of defendant] [LAST KNOWN ADDRESS], and ALL PARTIES HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE, OR INTEREST IN $________ in U.S. CURRENCY.
YOU ARE NOTIFIED that an action pursuant to the Florida Contraband Forfeiture Act has been filed by MARCOS LOPEZ, Sheriff of Osceola County, on [date] in Osceola County, Florida.
You are required to serve a copy of your answer asserting any affirmative defenses with the Clerk of this Court and Petitioner’s attorney, CARLTON HAMILTON III, ESQ., at the OSCEOLA COUNTY SHERIFF’S OFFICE, 2601 E. Irlo Bronson Memorial Highway, Kissimmee, FL 34744, on or before the [date].
Otherwise, a default will be entered against you for the relief demanded in the complaint.
To comply with the Florida Contraband Forfeiture Act, this kind of notice is published once a week for two (2) consecutive weeks in the Osceola News-Gazette.

This article was last updated on Friday, January 17, 2025.