Former State Prosecutor
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According to the Sixth Circuit Administrative Order 2016-039, the following form must be used to provide notice to the claimants of the Complaint for Forfeiture after the seizure of property in Pinellas County, FL.
If you received a "notice of seizure" or "complaint for forfeiture," then contact an experienced lawyer to find out more how to protect your rights to have the property returned to you or any innocent owner of the property under Florida Statute Section 932.704(5)(c). This article discusses procedural safeguards under the Florida Contraband Forfeiture Act related to the forfeiture of property alleged to be contraband under Florida Statute §§ 932.701–932.7062.
This article explains your right to contest the forfeiture action by filing and serving upon the attorney representing the law enforcement agency in Pinellas County responsible for seizing the property. Find out more about how to file the responsive pleadings and notice of affirmative defenses to the complaint for forfeiture under Florida Law.
If your property was seized by law enforcement officers in Pinellas County, then contact an experienced criminal defense attorney in St. Petersburg, FL, to discuss the seizure and underlying criminal investigation. We represent clients after their property is seized. We also represent the "innocent owner" who can also fight for the return of the property.
Call us at (727) 388-4736 to discuss your case and the procedural requirements in the Sixth Circuit Administrative Order 2016-039.
IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA
IN RE: FORFEITURE OF:
(Description of Property)
Case No.: ________________
COMPLAINT FOR FORFEITURE
COMES NOW Complainant, _________________________________, for the use and benefit of the ____________________________, by and through the undersigned attorney, and files this Complaint for Forfeiture under the Florida Contraband Forfeiture Act (the Act), and says:
(1) This is an action for forfeiture pursuant to sections 932.701–932.7062, Florida Statutes; jurisdiction in this Court pursuant to section 932.704, Florida Statutes.
(2) ____________________________________________ is a seizing agency as set forth in section 932.704, Florida Statutes.
(3) A description of the property that is the subject of this action is as follows: ________________________________________________________________ (Description of all property)
(4) On or about ________________ (date property was used in violation of the Act), said property was in violation of the Act by virtue of one or more of the following:
a) _____ The property is a contraband article as defined in section 932.701(2)(a), Florida Statutes.
b) _____ The property was used to transport, carry, convey, conceal, or possess a contraband article in violation of section 932.702(1) or (2), Florida Statutes.
c) _____ The property was used to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article, or used as an instrumentality in the commission of or in aiding or abetting in the commission of a felony or violation of the Act, pursuant to sections 932.702(3) and (4), Florida Statutes.
d) _____ The property was acquired by the use of proceeds obtained in violation of the Act in violation of section 932.701 or 932.702(5), Florida Statutes.
e) _____ The property is subject to forfeiture pursuant to:
(This section is for other statutory violations which authorize forfeiture under the Act; e.g., felony littering, VIN-HIN violations, aircraft violations, fleeing in a vessel, etc.)
(5) On or about ________________ (date property was actually seized), the ____________________________________ (name of seizing law enforcement agency) discovered and seized the property described in paragraph 3 above at or near
___________________________________________________________ (address or location where property was seized).
(6) The Complainant has conducted a reasonably diligent search for all persons or entities who may have an interest in the property described in paragraph 3 above by virtue of possession, ownership, registration law, or perfected lien, and who are known to the Complainant as:
(names of persons or entities)
and all others who claim an interest in the following described property: (describe property)
(7) Complainant has complied with the Notice requirements of the Act.
(8) Pursuant to 932.703(2)(b), Florida Statutes, on ___(date)___, the seizing agency submitted an affidavit setting forth the facts and circumstances upon which the seizure was based and which support the forfeiture of the property and obtained an Order Finding Probable Cause for Seizure.
WHEREFORE, ______(Name of Petitioner)______________, having provided to the persons or entities listed in Paragraph 6 above, and any other persons or entities who claim an interest in the property described in Paragraph 3 above a copy of the Notice to Claimant Forfeiture of Personal Property, and after hearing upon the Complaint for Forfeiture, requests this Court to enter a Final Order of Forfeiture perfecting the right, interest, and title to said property for the use or benefit of the _______(name of law enforcement agency)___________________
(Signature of Attorney)
(Name of Attorney)
(Person ID/Florida Bar Number (E-mail Address
This article was last updated on Friday, July 28, 2017.
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