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7 verbatim mandatory provisions from SRCAD 2024-01 Destruction of Contraband, vacates SRCAD2008-05 and SRCAD2001-02.
First Judicial Circuit. Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
• DESTRUCTION OF CONTRABAND ARTICLES HELD BY THE SANTA ROSA COUNTY SHERIFF’S OFFICE, THE MILTON POLICE DEPARTMENT, AND AGENTS OF THE STATE OF FLORIDA ORDER WHEREAS, Section 893.12(1), Florida Statutes, states that: “All substances controlled by this chapter and all listed chemicals, which substances or chemicals are handled, delivered, possessed, or distributed contrary to any provisions of this chapter, and all such controlled substances or listed chemicals the lawful possession of which is not established or the title to which cannot be ascertained, are declared to be contraband, are subject to seizure and confiscation by any person whose duty it is to enforce the provisions of the chapter.” WHEREAS, Section 893.12(1)(a), Florida Statutes, further states that: “Except as in this section otherwise provided, the court having jurisdiction shall order such controlled substance or listed chemicals forfeited and destroyed. • A record of the place where said controlled substances or listed chemicals were seized, of the kinds and quantities of controlled substances or listed chemicals destroyed, and a return under oath reporting said destruction shall be made to the court or magistrate by the officer who destroys them.” WHEREAS some of the evidence of contraband may be used as evidence in a criminal proceeding, it is necessary for the respective law enforcement agencies to maintain the same for an appropriate period of time before it may be destroyed; it is therefore, ORDERED AND ADJUDGED that any such controlled substances or listed chemicals described above that were obtained by arrest, search, and seizure, or having been found or otherwise obtained by officers of the Santa Rosa County Sheriff's Office, the Milton Police Department or law enforcement officers of the State of Florida within Santa Rosa County shall be deemed contraband and are hereby ordered forfeited and destroyed subject to the following schedule: SRCAD 2024-01, Destruction of Contraband 1. • In those cases where an arrest is made and the subsequent prosecution results in an acquittal of all the charge(s) or the same is (are) dismissed by the Court or State, the contraband shall be destroyed as soon as practical thereafter. 2. • In those cases where the charges are disposed of by plea of guilty or nolo contendere, the contraband shall be destroyed two (2) years after the date the appellate review has been completed or the right to appellate review has expired, provided that no postconviction relief proceedings are pending, in which case, at the conclusion of all postconviction relief proceedings. 3. • In those cases where the charges result in a conviction after trial, the contraband shall be destroyed two (2) years after the date the appellate review has been completed or the right to appellate review has expired, provided that no postconviction relief proceedings are pending, in which case, at the conclusion of all postconviction relief proceedings. 4. • In those cases where no charges are brought or sought against the individual(s) whom the contraband is seized from, the contraband shall be destroyed at a reasonable time as determined by the agency. • A record of the place where said controlled substances or listed chemicals were seized, of the kinds and quantities of controlled substances or listed chemicals destroyed, and of the time, place and manner of destruction shall be kept, and a return under oath reporting said destruction shall be made to the Chief Judge of the First Judicial Circuit.
DESTRUCTION OF CONTRABAND ARTICLES HELD BY THE SANTA ROSA COUNTY SHERIFF’S OFFICE, THE MILTON POLICE DEPARTMENT, AND AGENTS OF THE STATE OF FLORIDA ORDER WHEREAS, Section 893.12(1), Florida Statutes, states that: “All substances controlled by this chapter and all listed chemicals, which substances or chemicals are handled, delivered, possessed, or distributed contrary to any provisions of this chapter, and all such controlled substances or listed chemicals the lawful possession of which is not established or the title to which cannot be ascertained, are declared to be contraband, are subject to seizure and confiscation by any person whose duty it is to enforce the provisions of the chapter.” WHEREAS, Section 893.12(1)(a), Florida Statutes, further states that: “Except as in this section otherwise provided, the court having jurisdiction shall order such controlled substance or listed chem
Reviewer note: Document sha256: 32b4ab68ae4622e7bf4cbacaa4b8a9a861cd472411286a79e7cbb17199c49d26 (199105 bytes). BenchPath harvested this circuit itself because no research corpus existed for it. Extraction is conservative: mandatory-language sentences only, so this rule is a faithful subset of the order, never a summary of it. Text layer cleaned 2026-09-08 (Phase 3a): page markers removed; wording untouched. Verbatim from the order's own text layer, harvested 2026-07-24; whitespace normalised only. No OCR was used. Only sentences containing mandatory language (shall, must, may not, no later than, within N) are reproduced — the full document is in custody and is the controlling text. [moved from the text 2026-09-14]
1 verbatim requirement on exhibits in BETSY BENSON's division.
4 verbatim requirements on exhibits & evidence.
1 verbatim requirement on exhibits & evidence.