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13 verbatim mandatory provisions from AO 2024-004.
Third Judicial Circuit (Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, Taylor). Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
• The affidavit or attachment must include the court case number or agency case number where such numbers have been assigned, and identify the agency or custodian in current possession of the items. • The affidavit shall also include the date that the items were seized by the law enforcement agency and identify any individuals with a potential claim upon the items. • The affidavit shall contain an affirmation that the items were seized and held as evidence by the law enforcement agency or that the items were seized pursuant to an investigation and is in the custody of the court clerk, as applicable. 2. • If the request by the agency is approved by the Office of the State Attorney of the Third Judicial Circuit, the State Attorney or his or her designee shall petition the appropriate court for an order directing the forfeiture and destruction of said evidence. • The petition shall be filed sixty (60) days after the conclusion of the criminal proceeding or later, and any identified potential claimants of the property shall be mailed a copy of the petition. • At the time the petition is submitted for review by the court, the Office of the State Attorney shall also provide the court with an appropriate proposed order granting the petition which lists each item to be forfeited or destroyed. • The draft order shall also specify that the destruction shall take place in the physical presence of not less than two (2) witnesses, one of whom shall be a designated representative of the Office of the State Attorney, and one of whom shall be a law enforcement official of the Third Judicial Circuit. 3. • Upon review of the petition, should there be no claim submitted for the evidence or property, and should the court find the petition to be otherwise proper, the court shall enter an order authorizing and directing the forfeiture and destruction of the specific items listed in the petition. 4. • If the facility where the evidence is to be destroyed has rules or guidelines as to how many persons may be present during the destruction, those rules or guidelines shall be honored. • The destruction shall take place during regular business hours and the destruction shall occur within thirty (30) days from the date of the court's order. 5. • After execution of the court's order, the law enforcement official primarily responsible for the destruction of the contraband shall prepare a written and properly sworn aclmowledgement. • Said acknowledgement shall identify the kinds and quantities of evidence, Draft AO 24-004, v. 24.07.31 property, control led substances or li sted chemica ls destroyed , and the time , place, and manner of destruction. • The acknowledgement shall be filed within ten ( I 0) day s of the date the items are destroyed. [fan intervening holiday prevents filing the return within ten ( I 0) day s, the return shall be filed on first day the clerk's office is open after the expiration of the ten days referenced above . 6.
The affidavit or attachment must include the court case number or agency case number where such numbers have been assigned, and identify the agency or custodian in current possession of the items.
Reviewer note: Document sha256: 45395fd0018c2b1ee474694360dd59195b68bf887304c65b5c94712086766cb8 (248573 bytes). Text layer cleaned 2026-09-08 (Phase 3a): page markers removed; wording untouched. Text layer cleaned 2026-09-08 (Phase 3g): 3 kerning-split words rejoined; wording untouched. [title 2026-09-10: subject taken from the order caption / court file name (SEO/GEO Phase 3); the verbatim text is unchanged] Verbatim from the order's own text layer, harvested 2026-07-25; whitespace normalised only. No OCR. Only sentences carrying mandatory language are reproduced — the full order is in custody and is the controlling text. [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.