E.P.P. 008
LONGWOOD POLICE DEPARTMENT
ENFORCEMENT POLICY & PROCEDURE
NUMBER: EPP – 8
SUBJECT: FORFEITURE POLICY
EFFECTIVE: OCTOBER 31, 2001
REVISED: JUNE 1, 2024
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 1 of 15
I. PURPOSE
The purpose of this directive is to define the forfeiture policy of the Longwood Police
Department and delineate the process though which forfeiture action is initiated. It is also
the purpose of this policy to standardize the procedures used in seizing, maintaining and
forfeiting assets pursuant to the provisions of the Florida Contraband Forfeiture Act,
Chapter 932, Florida State Statutes to ensure that seized property is seized and
maintained in an efficient and lawful manner and to provide for an orderly process for
the seizure in accordance with law.
II. SCOPE
This directive addresses forfeiture proceedings that effect real and personal property.
Employees are instructed to seek advisement from their supervisor or the city attorney
before considering any seizure for forfeiture of any property.
III. GENERAL
A. The initial forfeiture seizure determination will only be made by supervisory
personnel who have received forfeiture training, or by the legal advisor. Any
forfeiture action contemplated against any personal property will first be brought
to the attention of the officer’s supervisor. No seizure or forfeiture action will be
initiated until the situation has been discussed with the officer’s supervisor or city
attorney.
B. Any forfeiture action contemplated against real property shall first be discussed
with the City Attorney. No real property shall be seized without a prior judicial
determination of probable cause.
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 2 of 15
C. Law enforcement and the deterrence of crime are the principal objectives of
asset forfeiture. The potential for obtaining 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.
D. No employment, salary, promotion or other compensation of any police
department is dependent on obtaining any seizure.
E. When personal property (other than currency) is seized for forfeiture, the
probable cause supporting the seizure must be promptly reviewed by a
supervisor who is not directly involved in making the seizure. Legal counsel must
be notified within twenty-four hours of all seizures.
F. Any prospective seizure of assets without a corresponding criminal arrest will be
brought to the attention of the chief of police and the legal advisor before any
such action is taken.
G. The final determination of whether a forfeiture action will be filed will be made
by the chief of police.
H. All asserted claims of interest in seized property shall be promptly reviewed for
potential validity by the legal advisor. Upon review of a forfeiture request, the
legal advisor shall advise the appropriate personnel that the property may be
promptly released. Settlement of any forfeiture action shall be consistent with
the mandates of the Florida Contraband Forfeiture Act and in compliance with
this policy or directive.
I. Seized property may not be used for any purpose until the rights to, interest in,
and title to the seized property are in accordance with the Florida Contraband
Forfeiture Act. This does not prohibit the use or operation necessary for
reasonable maintenance of seized property. Reasonable efforts shall be made to
maintain seized property in such a manner as to minimize its loss of value.
J. The legal advisor shall periodically review the seizures of property, as well as
settlements and forfeiture proceedings initiated to determine whether such
seizures, settlements and forfeitures comply with the Florida Contraband
Forfeiture Act. Such review shall occur at least annually. If the review suggests
deficiencies, the legal advisor shall inform the chief of the methods that may be
used to ensure compliance with the Florida Contraband Forfeiture Act.
K. All personnel will avoid the appearance of impropriety in the acquisition, sale,
retention, or transfer of any forfeited property or proceeds derived from such
property.
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 3 of 15
L. All personnel involved in forfeiture proceedings shall receive periodic training.
This training shall address at least the legal aspects of forfeiture, search and
seizure, racial and ethnic sensitivity, pretextural “stops’, and use of drug courier
profiles.
IV. DEFINITIONS
A. Florida Contraband Forfeiture Act:
The Florida Contraband Forfeiture Act authorizes law enforcement agencies to
seize and forfeit any vessel, motor vehicle, aircraft, currency or other personal
property or contraband article which has been used, is being used, or was
intended to be used in violation of its provisions.
B. Personal Property:
Personal property is defined as vehicles, guns, jewelry, electronics, etc.
C. Real Property:
Real property is defined as homes or land.
D. Verified Affidavit:
A statement given under oath based upon personal knowledge as to the facts
contained in the statement.
E. Seizing Officer:
The officer responsible for processing the forfeiture request (under the direction
of a supervisor trained in forfeiture proceedings) with the legal advisor and who
issues the initial notice of forfeiture to the potential claimants.
F. Forfeiture Coordinator:
The officer or other person designated by the chief who is charged with the
responsibility of maintaining an inventory of impounded vehicles at the police
department.
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 4 of 15
V. POLICY STATEMENT
A. It is the policy of the police department to utilize forfeiture provisions to
effectively and significantly impact upon crime while protecting the propriety
interests of innocent owners and lien holders. The potential for obtaining
revenues from forfeiture must not override fundamental considerations such as
public safety, the safety of law enforcement officers, or the investigation and
prosecution of criminal activity.
B. The act also allows seizure and forfeiture of any controlled or other substance,
device, paraphernalia, or currency or other means of exchange that was used,
was attempted to be used, or was intended to be used in violation of any
provision of Chapter 893, Florida State Statutes, if a connection can be clearly
demonstrated between the article(s) seized and the narcotics activity.
C. It is also the policy of the police department to ensure that, in all seizures made
under the Florida Contraband Forfeiture Act, that officers adhere to federal and
state constitutional limitations regarding an individuals right to be free from
unreasonable searches and seizures, including, but not limited to, the illegal use
of stops based on a pretext, coercive consent searches, or a search based solely
upon an individual’s race or ethnicity.
VI. BASIS FOR SEIZURE OF PROPERTY
A. Chapter 932.702, Florida State Statutes, provides that it is unlawful:
1. To transport, carry, or convey any contraband article in, upon, or by
means of any vessel, motor vehicle, or aircraft;
2. To conceal or possess any contraband article in or upon any vessel, motor
vehicle, aircraft, other personal property, or real property;
3. To use any vessel, motor vehicle, aircraft, other personal property, or real
property to facilitate the transportation, carriage, conveyance,
concealment, receipt, possession, purchase, sale, barter, exchange, or
giving away of any contraband article;
4. To conceal, or possess, or use any contraband article as an
instrumentality in the commission of or in aiding or abetting in the
commission of any felony or violation of the Florida Contraband
Forfeiture Act; or,
5. To acquire real or personal property by the use of proceeds obtained in
violation of the Florida Contraband Forfeiture Act.
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 5 of 15
B. Chapter 932.701(2)(a) 1-6, Florida State Statutes, essentially defines contraband
articles as:
1. Any controlled or other substance, device, paraphernalia, or currency or
other means of exchange which was used, was attempted, or intended
to be used in violation of any provision of Chapter 893, Florida State
Statutes, if the totality of the facts presented clearly establish probable
cause to believe that a connection exists between the article seized and
the narcotics activity;
2. Any gambling paraphernalia, lottery tickets, money, currency, or other
means of exchange which was used, was attempted, or intended to be
used in violation of the gambling laws of the state;
3. Any equipment, liquid or solid, which was being used, is being used, was
attempted to be used, or intended to be used in violation of the beverage
or tobacco laws of the state;
4. Any motor fuel upon which the motor fuel tax has not been paid as
required by law;
5. Any personal property, including, but not limited to, any vessel, aircraft,
item, object, tool, substance, device, weapon, machine, vehicle of any
kind, money, securities, books, records, research, negotiable
instruments, or currency, which was used or was attempted to be used
as an instrumentality in the commission of, or in aiding or abetting in the
commission of, any felony, whether or not comprising an element of the
felony, or which is acquired by proceeds obtained as a result of a violation
of the Florida Contraband Forfeiture Act; or,
6. Any real property, including any right, title, leasehold, or other interest in
the whole of any lot or tract of land, which was used, is being used, or
was attempted to be used as an instrumentality in the commission of, or
in aiding or abetting in the commission of, any felony, or which is acquired
by proceeds obtained as a result of a violation of the Florida Contraband
Forfeiture Act.
VII. PROCEDURES FOR SEIZURE OF PERSONAL PROPERTY
A. Property may not be seized unless there is probable cause to believe that:
1. The item subject to seizure has been used, was attempted, or intended
to be used in violation of any provision of the Florida Contraband
Forfeiture Act, or;
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 6 of 15
2. Any violation of the Florida Contraband Forfeiture Act has taken place or
is taking place in, upon, or by means of the seized property, or;
3. The item subject to seizure is a “contraband article” as defined in Chapter
932.701, Florida State Statutes, or other provision of law or the Florida
Contraband Forfeiture Act, or;
4. The property was used to facilitate the commission of a felony.
B. Probable cause seizures taking place at the time of Florida Contraband Forfeiture
Act violations may be made without prior judicial approval for personal property.
Property not seized at the time of F.C.F.A. violations presently located on private
premises may be seized only pursuant to a court order authorizing entry onto the
private premises, unless otherwise authorized by law.
C. The seizing officer shall make diligent efforts to determine ownership of the
property, including the identification of all registered owner(s), title holder(s),
bona fide lien holder(s), or other interested parties.
D. In cases of vehicle seizure, the officer shall run a lien and status (stolen, etc.) check
with teletype and reflect that information on the forfeiture summary form. The
Vehicle Identification Number shall be verified by means other than a simple
match with the license tag number; a visual inspection of the vehicle’s V.I.N.
plate(s) should be accomplished. The V.I.N. number is to be accurately and legibly
recorded on all appropriate documents.
E. The seizing forfeiture coordinator shall inform all persons entitled to notice that
the property is being seized for possible fortieture. “Persons entitled to notice” is
defined by Chapter 32.701(e), Florida State Statutes, as “any owner, entity, bona
fide lienholder, or person in possession of the property...when seized.” A Notice
of Seizure of Property Form must be personally given or sent by certified mail
within five (5) days from the date of seizure.
F. Any property seized for forfeiture shall be handled as provided by police
department property and evidence control and vehicle storage and inventory. All
receipts, inventory forms and disposition sheets shall be marked, “Hold for
Forfeiture.” Occasionally, property seized for eventual forfeiture will also need to
be held for evidence. This is particularly true in drug cases, where scales, firearms,
safes, etc. are seized. It is imperative that the officer make it clear to the legal
advisor and the evidence section that such property is to be held as evidence.
Evidence holds should be used only where necessary for trial or further
investigation. Where dual holds are necessary, the officer will be responsible for
promptly releasing evidence holds upon conclusion of the criminal case to enable
the forfeited property to be properly disposed of by the police department.
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 7 of 15
G. A Notice of Seizure of Property for Forfeiture Form shall be completed and
submitted, with a copy of all reports, charging affidavits, and an original verified
affidavit to the legal advisor within three calendar days of the seizure. When
supplemental reports are prepared, copies of these will be forwarded to the legal
advisor to be placed within the existing forfeiture file.
H. Where a laboratory analysis is necessary to establish the grounds for forfeiture of
property, the seizing officer shall ensure that the substance is properly submitted
for delivery to the lab, and shall further ensure that a copy of the laboratory result
is immediately forwarded to the legal advisor.
I. When cash is taken from a suspect for forfeiture purposes, the officer shall issue
the suspect a receipt. If feasible, the money should be counted in the presence of
the suspect, who should co-sign and receive a copy of the receipt. Otherwise, the
currency must be counted in the presence of another officer, employee, or other
reliable witness who should co-sign the receipt. In order to minimize conflicts
with amounts of money seized, officers shall list currency on the property receipts
and evidence envelopes by individual denominations. Receipts for currency shall
be placed in evidence.
J. Under no circumstances shall any settlement negotiations be conducted at the
time of seizure. Settlements shall be handled by the legal advisor. Settlement
agreements between the Legal Advisor and un-represented claimants must
clearly indicate that the claimant has freely and voluntarily agreed to the
settlement without benefit of an attorney.
K. If the officer believes a settlement offer favorable to the suspect should be made,
the officer shall communicate that information to the legal advisor. Accordingly,
if the person from whom the property was seized is a repeat offender, that
information should also be provided to the legal advisor.
L. All officers involved in the seizure of property will be available for, and testify at,
all applicable forfeiture hearings, including any adversarial preliminary hearings,
if such hearings are scheduled and within their ability to attend. Subpoenas will
not be necessary to secure the Officers presence at any hearing, but on-call and
appearance time and compensation provisions will be observed. As much
advance notice as possible will be provided to the officer by the legal advisor.
VIII. STORAGE AND MAINTENANCE OF PERSONAL PROPERTY
A. Vehicle Inventory:
1. A complete inventory of the vehicle and all containers, open or closed,
found therein shall be completed by the seizing officer at the time of the
seizure.
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 8 of 15
2. All vehicles seized for forfeiture shall be towed and secured at the police
department whenever possible to minimize costs.
3. The seizing officers shall complete a Tow Sheet Form and mark the form
“Hold for Forfeiture” in the space designated for “reason for hold.” The
Tow Sheet Form will be disseminated by the officer prior to the end of
his/her tour of duty to:
a. Wrecker Service;
b. The driver or owner if present;
c. Forfeiture Coordinator (C.I.D.);
d. Legal Advisor (photocopy).
4. If any personal property seized for forfeiture is also being held as
evidence, the officer will indicate this fact on the forfeiture paperwork.
This will prevent an inadvertent release by the legal advisor.
5. All personal property shall be left secured within the vehicle. If the vehicle
cannot be locked and secured the property will be removed, inventoried,
and placed into evidence. If the vehicle is to be processed and it is
determined that removal of property might compromise the processing,
the seizing officer shall be responsible for removing and securing
appropriate personal property once the processing has been completed.
Personal property within the vehicle of no evidentiary value, or not
subject to a claim of forfeiture, will be returned to the vehicle owner
upon request by the seizing officer.
6. Any personal property seized as evidence shall be handled in accordance
with the Enforcement Policy and Procedure “Evidence Collection
EPP.011.
B. Maintenance:
1. Reasonable efforts shall be made to maintain the property in its time-of-
seizure condition.
2. If special maintenance is required to maintain seized personal property
in time- of -seizure condition, as may be necessary with aircraft or vessels,
the forfeiture coordinator will ensure that such maintenance is provided
within a reasonable time after seizure, with such care continuing until the
conclusion of the forfeiture action.
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 9 of 15
3. Currency seizures pending forfeiture may be placed in an interest-bearing
account upon signature for Stipulation of Deposit and approval of the
State Attorney’s Office, if the currency also has any evidentiary value in a
criminal case.
IX. SUPERVISOR OF THE INVESTIGATIONS DIVISION DUTIES (FORFEITURE COORDINATOR):
The Supervisor shall:
A. Promptly review copies of all reports describing the circumstances attendant to
the seizure and make an independent evaluation of the probable cause
determination.
B. Verify that the seizing officer gave notice of the seizure to all persons entitled to
notice within five business days after seizure. Said notice shall advise all
interested persons that they have the right to request an adversarial preliminary
hearing within fifteen days of receipt of such notice.
C. Determine as soon as practicable after seizure whether to proceed with the
forfeiture or to release the seized property to the lawful owner, bearing in mind
that forty-five days after seizure, motions for return of property may be brought
against the police department.
D. Upon the determination to proceed with the forfeiture, coordinate the forfeiture
process with appropriate personnel.
E. Promptly proceed against the seized property by filing a forfeiture action or
entering into a settlement agreement.
F. Upon the determination not to proceed with a forfeiture action, absent
evidentiary value to a pending prosecution or a settlement agreement to the
contrary, notify the seizing officer that the seized property may be immediately
released to the lawful owner or authorized designee.
G. In cases involving motor vehicles and other non-currency seizures, a certified
copy of any final order of forfeiture shall be provided to the Forfeiture
Coordinator. Non-certified copies shall be provided to the seizing officer and to
the chief of police.
H. In cases involving currency seizures, a certified copy of any final order of
forfeiture shall be provided to the chief of police. Non-certified copies shall be
provided to the forfeiture coordinator.
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 10 of 15
I. The supervisor shall be responsible for reviewing all forfeiture seizures,
settlements, and filed forfeitures and will prepare a report for the chief of police
by December of each year.
J. The supervisor shall file, by December 31st of each year, a certificate that it’s
agency’s forfeiture policy and procedure are in compliance with Florida
Department of Law Enforcement guidelines.
X. RELEASE OF SEIZED PERSONAL PROPERTY
A. If the lawful owner or other person prevails at the conclusion of the judicial
process, the seized property shall be released to him/her immediately. In these
instances, the police department shall not assess any towing or storage fees,
administrative or maintenance costs, or similar charges against the owner or
other interested party.
B. In all other instances, if a seized vessel, vehicle, aircraft, etc. is to be released to
the lawful owner or other authorized person, the police department may assess
the actual costs of towing, storage, and maintenance of the seized property.
Absent settlement to the contrary, administrative costs reflecting actual
expenses shall not be assessed.
C. It shall be the responsibility of the forfeiture coordinator to contact and release
the subject property to its proper owner after being advised to do so by the city
attorney.
D. The forfeiture coordinator in all vehicle seizures shall be responsible for notifying
Florida State authorities that the police department holds on the vehicle may be
released.
XI. USE OF FORFEITED ITEMS
A. State Forfeiture:
1. All forfeited property retained for law enforcement use shall be
maintained and used in accordance with the Florida Contraband
Forfeiture Act, and will be subject to the same controls with regard to
property acquired through the agency’s normal appropriations process.
2. Currency obtained through settlement, court order, or sale of forfeited
property shall be deposited into the Law Enforcement Trust Fund for the
police department use as provided by law.
3. Items forfeited by settlement or court order may be converted to the use
of the Department of Public Safety or sold at auction. No forfeited item
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 11 of 15
shall be used or assigned until forfeiture proceedings are complete
pursuant to settlement or court border.
4. The legal advisor shall notify the police department when a vehicle is
awarded to the police department. The fleet manager shall be
responsible for obtaining clear title and all supporting documentation to
enable the proper disposal of the vehicle. Approval by the chief or his
designee must be obtained before any forfeited vehicle is placed in
service.
B. Federal Forfeiture:
All property acquired through federal forfeiture proceedings shall be used in
accordance with the Guide to Equitable Sharing of Federally Forfeited Property
for State and Local Law Enforcement Agencies.
XII. PROCEDURES FOR SEIZURE OF REAL PROPERTY
A. During any investigation and prior to the execution of any search warrant where
non-homestead real estate property may have been used in violation of the
Florida Contraband Forfeiture Act the following procedures should be adhered
to:
1. The forfeiture coordinator will contact the county tax assessor’s office to
determine who pays property taxes on the real estate in question and will
obtain a printout of that information;
2. Obtain any and all mortgage deeds, lien information, and any satisfaction
of mortgages concerning the real estate property;
3. Contact any lien holder (i.e. mortgage companies or financial institutions
which have a mortgage or lien on the property) and determine the
present mortgage amount or lien amount on the property.
B. Because of the uniqueness and special needs of real property, along with any
contemplation of seizure of such property; shall require approval of the chief and
coordination with the legal advisor.
C. Once probable cause for seizure has been determined, the following factors
should be considered in determining whether to seize real property:
1. The potential for successful forfeiture action;
2. The availability of alternate methods of forfeiture such as joint or
adoptive forfeitures with a federal agency;
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 12 of 15
3. The impact of forfeiture on targets of a criminal investigation;
4. The impact of forfeiture on innocent owners, lien holders or other
persons not involved in criminal activity;
5. The impact of forfeiture on the public health, safety and welfare,
particularly environmentally sensitive land.
D. Responsibility:
1. Forfeiture Coordinator
a. Provide information to and consult with the legal advisor
regarding the investigation, seizure and management of real
property under consideration for seizure.
b. Accomplish necessary forfeiture investigation and research
regarding the subject real estate or assist in compiling such
information if information is developed by other sources.
c. Assist the legal advisor when requested to complete necessary
police department, court related and other paperwork relative to
the forfeiture, including a legal description of the property, such
as:
1. An “Affidavit for Seizure Warrant for Real Property”.
2. A “Notice of Lis Pendens.”
3. A “Seizure Warrant for Real Property.”
4. A “Petition for Rule to Show Cause.”
5. A “Stipulation for Occupancy and Indemnity.”
d. Effect constructive “seizure” of real estate, service of process and
other enforcement duties with respect to the subject real estate.
e. If the residence is occupied and eviction is warranted, then prior
to evicting dependent children, medically disabled persons or
persons otherwise infirm, the investigator/case agent must
notify appropriate social service agencies of the eviction so that
said agencies may determine if their assistance is required.
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 13 of 15
f. Assist, as requested, in securing specialized personnel or services
relative to the property and in handling any ongoing concerns
relating to the subject real estate during the pendency of
forfeiture proceedings.
2. The chief shall:
a. Make authorization as to whether to seize real property, and
proceed with the real property forfeiture after consultation with
the legal advisor.
b. Authorize expenditure for the maintenance and management of
real property pending final disposition.
c. Approve a plan for the management of real property pending
final disposition.
d. Approve or reject any proposed settlement agreements after
consultation with the legal advisor.
E. Pre-Seizure Planning:
1. Prior to seizing any real property, the investigator/agent shall be
responsible for determining the ownership of any real property under
consideration for forfeiture.
2. Prior to seizing any real property, the investigator/agent shall be
responsible for determining the value of the real property and the equity
in the property. The estimated value may be based upon an appraisal or
recent market price of the property or of market values of comparable
property which are subject to forfeiture and the amount of income
generated by any business located on the property.
3. Prior to seizing any real property, forfeiture coordinator shall attempt to
obtain either a letter of commitment to provide title insurance from a
title insurance company or an ownership and encumbrance report.
4. Prior to seizing any real property, forfeiture coordinator shall determine
the amount of any prior existing mortgages, liens and taxes. These
amounts shall include both the existing balance and any monthly or
periodic payments, if any.
5. The forfeiture coordinator shall compile a proposal for the management
of real property, which shall be submitted with the recommendation for
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 14 of 15
seizure and forfeiture via the chain of command to the chief or his
designee.
F. Budgetary Considerations:
1. No real property shall be seized for forfeiture unless funds are available
from existing appropriations for the maintenance and management of
the property pending final disposition of the forfeiture. The condition and
contents of seized property shall be documented by photograph and/or
video at the time of seizure.
2. The forfeiture coordinator shall keep a detailed record of all expenditures
made for the maintenance and management of real property.
G. Management of Real Property:
1. Upon seizure, or as soon as practical thereafter, an inventory of the
contents of any seized real property shall be conducted by the seizing
investigator/agent and his/her supervisor.
2. The seizing forfeiture coordinator shall coordinate the maintenance and
management of real property pending final disposition. Contract for
special services shall be prepared by the seizing forfeiture coordinator.
Any necessary repairs that are not part of the regular maintenance
service shall be brought to the attention of the legal advisor. Approval of
the chief shall be required before repairs are made.
H. Disposition of Real Property:
1. If at the conclusion of the judicial process, the police department prevails
and a judgment of forfeiture is issued, the Department of Public Safety
ownership interest in the property should not be considered completed
until the time for an appeal is filed. The appeal should be resolved before
the department’s ownership interest in the property is considered
completed.
2. Once a final judgment of forfeiture has been obtained by the police
department and the time for appeal has passed, or appeals have been
resolved in favor of the Department, real estate shall be received in the
name: “Longwood Police Department”.
3. Real estate forfeited to the Longwood Police Department under the
Florida Contraband Forfeiture Act may be retained, utilized, transferred,
donated or sold in a manner as authorized by the Florida Contraband
Forfeiture Act and/or other relevant statutory provisions.
ENFORCEMENT POLICY AND PROCEDURE
FORFEITURE POLICY
EPP – 8 Page 15 of 15
4. From the proceeds of the sale of any forfeiture real property, the
following costs shall be paid or funds from which payments have been
previously made shall be reimbursed:
a. Costs of litigation;
b. Costs of maintenance and management;
c. Fees to the Department of Legal Affairs.
XIII. DUTIES OF THE CHIEF OF POLICE
A. State Forfeitures:
1. Proceeds obtained from state forfeiture proceedings shall be maintained
in an account separate from federally acquired assets.
B. Federal Forfeitures:
1. The chief shall maintain on file a copy of all federal DAG-71 forms.
2. An annual certification report shall be prepared at the end of each fiscal
year outlining the funds and property received and expended under the
Federal Equitable Sharing Program. A copy of the certification shall be
sent to the Executive Office for Asset Forfeiture and to the United States
Attorney for the Middle District of Florida.
C. Use of Forfeited Assets:
1. The chief shall ensure the police department’s compliance with the Guide
to Equitable Sharing of Federally Forfeited Property or State and Local
Law Enforcement Agencies regarding expenditure of federally forfeited
assets.
2. The chief shall ensure the police department’s compliance with the
Florida Contraband Forfeiture Act regarding expenditures of federally
forfeited assets.