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6 verbatim requirements from 2016-15.1 re: Uniform Procedures for Forfeitures of Personal Property 1.
Twelfth Judicial Circuit (Manatee, Sarasota, DeSoto). Procedural information only; not legal advice.
• Ifprobable cause is found by the court and the law enforcement agency wishes to proceed in this matter, or if the claimant requests an Adversary Preliminary Hearing, the submitting law enforcement agency shall file the original Application and the attached affidavit with the Clerk of Court. The original signed Order (regarding the probable cause determination) shall also be filed with the Clerk of Court by the submitting law enforcement agency and copies provided to the parties. Notice of Seizure & Right to Adversary Preliminary Hearing I. Section 932.703(3), Florida Statutes, includes a right to an adversary preliminary hearing upon request. Pursuant to this statute a specific notice of this right must be provided. All law enforcement agencies within the Twelfth Judicial Circuit shall use a Notice of Seizure in substantially the same format as Attachment B of this Order. • When any person receiving the notice requests an adversary preliminary hearing in conformity with the statute, the seizing agency is then required to set and notice a hearing. The seizing agency shall file both the Notice of Seizure & Right to Adversary Preliminary Hearing and the responding party's Request for Adversary Preliminary Hearing with the Clerk of Court. • Ifthere has not yet been a formal complaint filed or a civil number issued as a result of a prior ex-parte application for probable cause, the Clerk of Court shall assign a civil case number for the proceedings and maintain the documents in a civil file. The seizing agency 1 Exceptions to using the E-warrant System for civil forfeitures are the same as the applicable exceptions established in Administrative Order 2015-10-3, paragraph 2; when the law enforcement officer has a good faith belief that the forfeiture is exceptionally sensitive; the law enforcement agency has not been trained and approved to use the E warrant system; or when the E-warrant System is not operating. 2 shall schedule the Adversary Preliminary Hearing to be heard within 10 days of the request or as soon as practicable thereafter. The hearing shall be scheduled before the civil judge assigned to the action by the Clerk of Court. C. Complaint for Forfeiture Pursuant to §932.704(5)(c), Florida Statutes, and Administrative Order • All counsel representing seizing agencies seeking forfeiture in the Twelfth Judicial Circuit shall use a Complaint for Forfeiture in substantially the same format as Attachment C of this Order. • Section 932.704(5)(c), Florida Statutes, indicates the court shall require any claimant who desires to contest the forfeiture to file and serve upon the attorney for the seizing agency any responsive pleading and affirmative defenses within 20 days after the receipt of the complaint. To comply with this provision the court has entered Administrative Order 2016-14.1 Notice to Claimant of Seizure and Filing Requirements under Florida Statutes Section 932. 704(5)(c) and counsel for the agency shall include a copy of that order with the complaint and summons to be served upon the claimant. This order advising the claimant of the responsive pleading requirements is included as Attachment D. • Upon filing of the Complaint, affidavit and payment of the appropriate filing fee and posting a bond pursuant to section 932.704(4), Florida Statutes, to the Clerk of the Court shall cause the opening of a circuit civil proceeding which shall be treated in all regards in like manner. Attachments to this Administrative Order may be modified without further changes to this Administrative Order.
Ifprobable cause is found by the court and the law enforcement agency wishes to proceed in this matter, or if the claimant requests an Adversary Preliminary Hearing, the submitting law enforcement agency shall file the original Application and the attached affidavit with the Clerk of Court. The original signed Order (regarding the probable cause determination) shall also be filed with the Clerk of Court by the submitting law enforcement agency and copies provided to the parties. Notice of Seizure & Right to Adversary Preliminary Hearing I. Section 932.703(3), Florida Statutes, includes a right to an adversary preliminary hearing upon request. Pursuant to this statute a specific notice of this right must be provided. All law enforcement agencies within the Twelfth Judicial Circuit shall use a Notice of Seizure in substantially the same format as Attachment B of this Order.
Reviewer note: PDF sha256: 716139d0280cb93224f5fe92ab6d548882decd5e0e5442fd8e771068e4c74f28. Read from the ORDERED section as numbered paragraphs. 2 paragraph(s) withheld as too scan-damaged to quote. Verbatim from the operative section of https://www.jud12.flcourts.org/Portals/0/AdminOrders/Section01/16-15-1.pdf, harvested 2026-08-02; whitespace normalised only. [moved from the text 2026-09-14]
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.