DELAND POLICE DEPARTMENT
Chief William E. Ridgway
Departmental Standards Directive
TITLE: FORFEITURES
CODIFIED:
CFA STD:
7.10
2.08A, 38.01,
38.02M, 38.03M
DATE OF ISSUE:
03.21.17
EFFECTIVE DATE:
03.28.17
RESCINDS/
AMENDS:
PAGES
03.04
10
PURPOSE
The purpose of this directive is to establish policies and procedures with specific provisions
relating to the seizure and forfeiture of real and personal property.
POLICY
The DeLand Police Department is authorized to seize and forfeit real and personal property
pursuant to Florida Statutes, Sections 932.701-705 and 893.12. It is the policy of the DeLand
Police Department to utilize these forfeiture provisions to the fullest extent possible in order to
make an impact upon crime, yet protect innocent owners, while providing the maximum amount
of economic benefit available under these provisions.
The goals of property forfeiture are:
 To impose an economic penalty thereby rendering illegal behavior unprofitable.
 To deter criminal activity by taking away items used in criminal activity.
 To deter criminal activity by taking away the proceeds of criminal activity.
7.10-1
DEFINITIONS
Bias-based profiling: The detention, interdiction, or other disparate treatment of any person on
the basis of their racial or ethnic status or characteristics.
Reasonable suspicion: Also known as articulable suspicion. Suspicion that is more than a mere
hunch, and is based on a set of articulable facts and circumstances that would warrant a person of
reasonable caution in believing that a violation of the law has been committed, is about to be
committed, or is in the process of being committed, by the person or persons under suspicion.
This can be based on the observations of a police officer combined with his or her training and
experience, and/or reliable information received from credible sources.
Probable Cause: A reasonable belief that a person has committed a crime. The test the court of
appeals employs to determine whether probable cause existed for purposes of arrest is whether
facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person
to believe a suspect has committed, is committing, or is about to commit a crime. U.S. v. Puerta,
982 F.2d 1297, 1300 (9th Cir. 1992). In terms of seizure of items, probable cause merely
requires that the facts available to the officer warrants a "man of reasonable caution" to conclude
that certain items may be contraband or stolen property or useful as evidence of a crime. U.S. v.
Dunn, 946 F.2d 615, 619 (9th Cir. 1991), cert. Denied, 112 S. Ct. 401 (1992).
PROCEDURES
AUTHORITY
7.10.1 Florida Contraband Forfeiture Act, Florida Statute 932.701-704 This Act provides
for the seizure and forfeiture of:
 Any motor vehicle, aircraft, vessel, currency, or other personal property, as well as nonhomestead real property, which was used or attempted to be used in the commission of
any felony, or to aid or abet in the commission of any felony.
 Any property acquired by proceeds obtained in violation of the Act.
 Any controlled substance as defined in Chapter 893.
 Any substance, device, paraphernalia, or currency or other means of exchange that was
used, attempted to be used, or was intended to be used in violation of any provision of
Chapter 893 if a nexus can be clearly demonstrated between the article(s) seized and the
narcotics activity, whether or not the use of the contraband article(s) can be traced to a
specific narcotics transaction.
 Any gambling paraphernalia, lottery tickets, money, currency, or other means of
exchange, which was used or attempted to be used in violation of the gambling laws of
the state.
7.10-2
 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.
 Property in possession of any person who takes aquaculture products in violation of
812.014(2).
 Any motor vehicle offered for sale in violation of s.320.28.
 Any motor vehicle driven by a person under the influence of alcohol or drugs in violation
of s. 316.193 if at the time of the offense the person’s driver’s license is suspended,
revoked, or cancelled as a result of a prior conviction for driving under the influence.
7.10.2 Florida Statute 893.12(2) This statute authorizes forfeiture of any non-homestead
property and any improvements on real estate which is used or intended to be used in any
manner or part to commit or to facilitate the commission of a violation of Florida Statute
893.03(1) or (2), or acquired with proceeds obtained in violation of that section. This type
of forfeiture is different from the forfeiture described under Florida Statute 932.701,
which is limited to forfeiture of property which has been or is being used to facilitate the
commission of a felony. Under Florida Statute 893.12(2), non-homestead real property
may be forfeited if it was used or intended to be used in violation of any drug law
involving a Schedule I or II drug.
7.10.3 Florida Statute 329.10 and Florida Statute 329.11 authorize the forfeiture of any
aircraft which has improper registration or tail identification numbers. Such aircraft need
not have been used to facilitate the commission of any crime nor acquired with proceeds
from criminal activity.
7.10.4 Florida Statute 30.40 authorizes forfeiture of any aircraft containing additional fuel
tanks and/or hoses not approved by the Federal Aviation Administration, regardless of
the use or acquisition of the aircraft.
7.10.5 Florida Statute 812.16 authorizes forfeiture of any motor vehicles, components,
wreckers, tools, or machinery used or discovered at the site of a "chop shop" operated for
the purpose of concealing, altering, or dismantling stolen vehicles.
7.10.6 Florida Statute 843.18 authorizes forfeiture of a boat used to flee or attempt to elude a
law enforcement officer.
BURDEN OF PROOF
7.10.7 Probable Cause is required for the seizure of contraband. Clear and convincing evidence
is required to sustain the forfeiture in Court.
7.10.8 The use of bias-based profiling in asset seizure and forfeiture efforts is strictly prohibited.
7.10-3
EXCEPTIONS
7.10.9 Property may not be forfeited unless the agency can establish by a preponderance of the
evidence that the owner knew or should have known after a reasonable inquiry that the
property was being employed or was likely to be employed in criminal activity.
7.10.10 Bona fide lien holder’s interests are protected under the Act.
7.10.11 Property titled or registered between husband and/or wife jointly may not be forfeited
unless the agency can establish by a preponderance of the evidence that the co-owner
knew or should have known after a reasonable inquiry that the property was being
employed or was likely to be employed in criminal activity.
7.10.12 Property owned jointly by non-married persons may only be forfeited to the extent of the
culpable owner’s interest in the property, unless the agency can establish by a
preponderance of the evidence that the co-owner knew or should have known after a
reasonable inquiry that the property was being employed or was likely to be employed in
criminal activity.
7.10.13 A vehicle that is rented or leased from a rental or leasing company may not be forfeited
unless the agency can establish by a preponderance of the evidence that the renter or
lessor had actual knowledge at the time the vehicle was rented or leased that the vehicle
was being employed or was likely to be employed in criminal activity.
PROCEDURE FOR IMPLEMENTING SEIZURE AND FORFEITURE OF VESSELS,
VEHICLES, AIRCRAFT, CURRENCY, OR OTHER PERSONAL PROPERTY
7.10.14 A seizure may occur only if the owner of the property is arrested for a criminal offense
that forms the basis for determining that the property is a contraband article under s.
932.701, or one or more of the following circumstances apply:
1) The owner of the property cannot be identified after a diligent search, or 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 employee or agent of the seizing agency at
the time of the seizure;
2) The owner of the property is a fugitive from justice or is deceased;
3) An individual who does not own the property is arrested for a criminal offense that forms
the basis for determining that the property is a contraband article under s. 932.701 and the
owner of the property had actual knowledge of the criminal activity. Evidence that an
owner received written notification from a law enforcement agency and acknowledged
receipt of the notification in writing, that the seized asset had been used in violation of
the Florida Contraband Forfeiture Act on a prior occasion by the arrested person, may be
used to establish actual knowledge;
7.10-4
4) The owner of the property agrees to be a confidential informant as defined in s. 914.28.
The seizing agency may not use the threat of property seizure or forfeiture to coerce the
owner of the property to enter into a confidential informant agreement. The seizing
agency shall return the property to the owner if criminal charges are not filed against the
owner and the active criminal investigation ends or if the owner ceases being a
confidential informant, unless the agency includes the final forfeiture of the property as a
component of the confidential informant agreement; or
5) The property is a monetary instrument. For purposes of this subparagraph, the term
“monetary instrument” means coin or currency of the United States or any other country;
a traveler’s check; a personal check; a bank check; a cashier’s check; a money order; a
bank draft of any country; an investment security or negotiable instrument in bearer form
or in other form such that title passes upon delivery; a prepaid or stored value card or
other device that is the equivalent of money and can be used to obtain cash, property, or
services; or gold, silver, or platinum bullion or coins.
7.10.15 The case officer, upon determining that an item of personal property is subject to seizure,
should seize personal property by physically taking the property into custody. Personal
property may be seized for forfeiture without a warrant if it is located in a public area or
an area not protected by the Fourth Amendment. If it is necessary to enter private
property to seize the item, a warrant is necessary. Once a vehicle is seized for forfeiture,
its contents may be searched without obtaining a warrant. The officer shall then follow
the guidelines listed below.
7.10.16 The Evidence Section will complete a Notice of Seizure of Property Form (NSPF). This
will be signed by the subject and, if refused, witnessed by another officer. A separate
NSPF will be completed for the arrestee and any other parties on the scene who hold an
interest in the property (co-owners or lien holders).
7.10.17 Complete the Seizure Report and any other DeLand Police Department reports required.
7.10.18 Provide a copy of the NSPF and Seizure Report to the Criminal Investigation Division
Lieutenant, along with a complete copy of the case report, by the next business day.
7.10.19 Make arrangements to have the items stored. The property must be maintained in “time
of seizure” conditions which includes any routine maintenance required. All property
shall be inventoried and any contents which are not subject to forfeiture should be
released to the owner or otherwise appropriately disposed of.
7.10.20 The property shall be maintained in a secure area, such as:

Evidence room

Safe deposit box

Department impound or storage facility

With private vendor under contract.
7.10-5
CID LIEUTENANT/LEGAL COUNSEL
7.10.21 The CID Lieutenant will research the case to determine any owners or lien holders of the
item.
7.10.22 Legal Counsel, typically the City Attorney, will be contacted as soon as possible and will
review the case and determine whether the case is legally sufficient to proceed with the
forfeiture action.
7.10.23 The reasonable value and equity in seized property must be determined. For personal
property, blue book value, loan value, or evidence of similar market price may be used.
For specialty items such as jewelry, coins, art, or antiques, an expert appraisal may be
required.
7.10.24 An NSPF will be sent, via certified mail (return receipt requested) to any subject or
company holding a financial interest in the item. This will be postmarked no later than
five (5) calendar days after the date of the seizure.
7.10.25 An attempt will be made to contact the owner of the property and negotiate an early
settlement, if appropriate.
7.10.26 Legal Counsel shall, within 10 business days after the date of the seizure, apply to a
court of competent jurisdiction for an order determining whether probable cause exists
for the seizure of the property. The application for the probable cause determination
must be accompanied by a sworn affidavit and may be filed electronically by reliable
electronic means.
7.10.27 If a forfeiture action is determined to be appropriate, Legal Counsel will file the civil
case within guidelines for civil proceedings pursuant to Section 932.704, Fla. Stat. If it
is determined that a forfeiture action will not be instituted, the seized property will be
promptly returned.
7.10.28 After property is seized pursuant to the Florida Contraband Forfeiture Act, regardless of
whether the civil complaint has been filed, all settlements must be personally approved
by the Chief of Police or his designee.
PROCEDURES FOR THE SEIZURE OF REAL PROPERTY
7.10.29 Prior to seizing any real property the case officer, in conjunction with the CID
Lieutenant and/or Legal Counsel, must determine whether there is probable cause to
believe that the real property was used in violation of, or acquired with proceeds
obtained in violation of, Sections 932.701-705 of the Florida Statutes, known as the
Florida Contraband Forfeiture Act, or Section 893.12, Florida Statutes.
7.10-6
7.10.30 Once probable cause has been determined, the following factors should be considered
prior to any final decision to seize real property:
 The potential for successful forfeiture action
 The cost of pre-seizure planning and maintenance of property pending final disposition
 The impact of forfeiture on targets of a criminal investigation
 The impact of forfeiture on innocent owners, lien holders, or other persons not
involved in criminal activity
 The impact of forfeiture on the public health, safety, and welfare, particularly
environmentally sensitive land
 Whether the seizure/forfeiture is cost-effective or, if not, serves other law enforcement
objectives.
7.10.31 The CID Lieutenant/Case Officer shall:
 Provide information to and consult with the City Attorney regarding the investigation,
seizure, and management of real property under consideration for seizure.
 Determine whether proposed real estate forfeiture is financially feasible based on preseizure investigation and consideration factors such as:
1. Strength of the case
2. Property value and equity
3. Percentage of forfeiture proceeds due to DeLand Police Department
4. Percentage of forfeiture proceeds due to other agencies
5. Status of the deed
6. Mortgage(s)
7. Lien(s)
8. Property's condition
9. Local real estate market
10. Hazards
11. Property's location
12. Necessary repairs
13. Cost of security
14. Cost of maintenance
15. Cost of insurance
16. Cost of litigation
7.10-7
17. Cost of property appraisals
18. Cost of business operation, if appropriate, taking into account whether illicit funds
have been utilized in supporting the operation.
 Accomplish necessary forfeiture investigation and research regarding the subject real
estate or assist in compiling such information if information is developed by other
sources.
 Complete necessary departmental, court-related, and other paperwork relative to
forfeiture, including a legal description of the property. If applicable, identification
numbers must be listed.
 Forward paperwork and recommendation for forfeiture to the CID Lieutenant and/or
Legal Counsel.
 Effect constructive "seizure" of real estate and other enforcement duties with respect to
the subject real estate.
7.10.32 Upon recommendation of the Case Officer, CID Lieutenant, and Legal Counsel, the
Chief of Police or his/her designee shall make the final decision as to whether to proceed
with the seizure and forfeiture.
FEDERAL ASSET SHARING
7.10.33 When assets are seized in a joint law enforcement venture with federal agencies, the
following guides should be consulted:
 For forfeitures shared with agencies of the U.S. Department of Justice: A Guide to
Equitable Sharing of Federally Forfeited Property for State and Local Law
Enforcement Agencies.
7.10.34 When asset sharing is anticipated the following forms are to be completed:

For forfeitures shared with the U.S. Department of Justice: the DAG-71 form.

For forfeitures shared with the U. S. Department of the Treasury: the TDF 92-22.46
and/or Customs Form 343.
7.10.35 The name, address, and telephone number of the federal agent and the responsible
federal agency are to be included on the forms.
7.10.36 The form(s), the DPD investigative report if available, and a statement of the case
describing in detail the case agent’s involvement and the basis of the seizure are to be
forwarded via the chain of command to the Chief of Police within 10 days of the seizure.
After review, the form(s) and reports will be sent to City Attorney for review and
signature. The forms and reports will be returned to the Chief of Police for final
signature after which, the form(s) will be sent to the appropriate federal agency.
7.10-8
7.10.37 A log of the requested shared forfeitures will be maintained in the office of the Criminal
Investigations Division Deputy Chief. The log will be kept current and will contain at a
minimum:

A consecutive numbering system for control purposes.

Seizure type (property or currency).

Amount of the seizure.

Share amount requested.

Amount received.

Date share of forfeiture was received.
7.10.38 Federal regulations require that checks for federal asset sharing be deposited by the next
business day following their receipt. Therefore, all federal sharing checks should be sent
directly to the Chief of Police or his designee. The check is to be immediately forwarded
to the City Finance Department.
TRAINING & REPORTING
7.10.39 All Department personnel involved in the seizure of property for forfeiture shall receive
basic training and continuing education as required by the Florida Contraband Forfeiture
Act. The Department shall maintain records demonstrating each law enforcement
officer’s compliance with this requirement. Among other things, the training shall
address the legal aspects of forfeiture, including, but not limited to, search and seizure
and other constitutional considerations.
7.10.40 The employment, salary, promotion, or other compensation of any law enforcement
officer may not be dependent on the ability of the officer to meet a quota for seizures.
7.10.41 The Department shall submit an annual report to the Department of Law Enforcement
indicating whether the agency has seized or forfeited property under the Florida
Contraband Forfeiture Act. If the Department has received or expended forfeited
property or proceeds from the sale of forfeited property in accordance with the Florida
Contraband Forfeiture Act, it shall submit a completed annual report by October 10
documenting the receipts and expenditures. The report shall be submitted in an
electronic form, maintained by the Department of Law Enforcement in consultation with
the Office of Program Policy Analysis and Government Accountability, to the City
Commission and to the Department of Law Enforcement. The annual report must, at a
minimum, specify the type, approximate value, court case number, type of offense,
disposition of property received, and amount of any proceeds received or expended.
7.10-9
ATTACHMENTS
7.10-A Forfeiture Request
DRAFTED: RIG—08/2003
REVISED: PCG—01/2004
REVISED: JFA—01/2008
REVISED: DJE – 03/2017
7.10-10