16-31-S IN RE: CIVIL - CONTRABAND FORFEITURE ACT PROCEDURES - ORDERED 8/04/2016 BY JOHN D. GALLUZZO
EXCERPT: “WHEREAS The Florida Contraband Forfeiture Act sets forth the procedural requirements governing the forfeiture of contraband articles. See §§ 932.701–932.7062, Florida Statutes, and WHEREAS, Florida Statute 932.703(2016), now provides that when a seizure of property is made under the Florida Contraband Forfeiture Act, the seizing agency shall apply, within 10 business days after the date of seizure, to a court of competent jurisdiction, for an order determining whether probable cause exists for the seizure of the property, and WHEREAS, in most instances involving property forfeiture a criminal arrest involving the claimant or potential claimant has been made and a related Circuit Criminal Case number exists, and WHEREAS, Civil Forfeiture involves court proceedings which occur prior to the filing of a Forfeiture Complaint and therefore prior to the assignment of a Civil Court Case number associated with the Forfeiture, and WHEREAS, an Administrative Order will assist in the provision of uniform procedures, address the filing and maintenance of documentation and provide for the uniform disposition of forfeiture proceedings and ensure consistency amongst all seizing agencies within the courts of the Eighteenth Judicial Circuit- Seminole County. NOW, THEREFORE, (Open AO for more information.)”
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