Florida Agreed Order and Final Judgment - Awarding Forfeiture

State:
Multi-State
Control #:
US-01610
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Word; 
Rich Text
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This form is a sample Agreed Order for Forfeiture. For use by authorities attempting to seize property connected with drug or other criminal activity, when the perpetrator agrees to the forfeiture. Adapt to fit your facts.

The Florida Agreed Order and Final Judgment — Awarding Forfeiture is a legal document issued by a court in the state of Florida that sanctions the seizure and confiscation of assets or property involved in a legally actionable offense. This process allows the state to claim ownership of these assets, which can include cash, vehicles, real estate, or other valuable items. The purpose of the Florida Agreed Order and Final Judgment — Awarding Forfeiture is to deter criminal activities by punishing offenders and preventing them from benefiting financially from their unlawful actions. By seizing and forfeiting the ill-gotten gains, law enforcement agencies aim to disrupt criminal networks, weaken illicit operations, and reduce the incentives for engaging in criminal behavior. There are different types of Florida Agreed Orders and Final Judgments — Awarding Forfeiture, some of which are categorized based on the type of offense or the jurisdiction involved: 1. Drug-related Agreed Order and Final Judgment — Awarding Forfeiture: This type of forfeiture involves assets acquired through drug trafficking or the illegal possession, production, or distribution of controlled substances. It includes monetary assets, vehicles, properties, and other assets linked to drug-related crimes in the state of Florida. 2. Racketeering Agreed Order and Final Judgment — Awarding Forfeiture: This forfeiture pertains to assets connected to organized criminal activities, such as money laundering, fraud, bribery, or any form of illicit financial gain obtained through racketeering. These orders aim to dismantle criminal enterprises and strip them of their ill-gotten wealth. 3. Cybercrime Agreed Order and Final Judgment — Awarding Forfeiture: In the digital age, this type of forfeiture targets assets obtained through various forms of cybercrime, including online fraud, hacking, identity theft, and other computer-related offenses. It allows the state to seize and claim ownership of digital assets, cryptocurrencies, and any other property or funds derived from cybercriminal activities. 4. Asset Forfeiture against Public Corruption: This kind of forfeiture focuses on assets acquired through corrupt practices by public officials or employees of the state of Florida. These orders aim to restore public faith in governance and recover assets obtained through bribery, embezzlement, kickbacks, or any form of corruption. 5. White-collar Crime Agreed Order and Final Judgment — Awarding Forfeiture: This type of forfeiture is associated with assets linked to financial crimes, such as securities fraud, insider trading, Ponzi schemes, or any other non-violent offenses committed by individuals or corporations for financial gain. These orders allow law enforcement to seize funds, accounts, properties, and other valuables connected to white-collar criminal activities. It is important to note that any Florida Agreed Order and Final Judgment — Awarding Forfeiture must go through a legal process and comply with relevant statutes and guidelines governing asset forfeiture. The owner of the property or assets subject to forfeiture has the right to contest the order and present a defense to reclaim their possessions.

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FAQ

895.01-895.05. (d) No testimony presented by the owner of the property at the hearing is admissible against him or her in any criminal proceeding except in a criminal prosecution for perjury or false statement, nor shall such testimony constitute a waiver of the owner's constitutional right against self-incrimination.

"Satisfaction of a judgment," which is governed by URCP 58B, means that the debtor has paid the entire amount of the judgment and all accumulated fees, costs and interest, or that the creditor has decided not to pursue further collection efforts.

Grounds for forfeiture A person may face civil or criminal asset forfeiture if he or she possesses property that is allegedly tied to illegal activity. This includes any property used during the commission of crimes, such as vehicles used to transport narcotics.

Unlawful to transport, conceal, or possess contraband articles or to acquire real or personal property with contraband proceeds; use of vessel, motor vehicle, aircraft, other personal property, or real property.

THE UNDERSIGNED owner and holder of the final judgment rendered in the action entitled (PLAINTIFF'S NAME) vs (DEFENDANT'S NAME) by the Circuit Court of County, Florida and recorded under Official Instrument# acknowledges that the judgment is fully paid. DATED on .

A: A Satisfaction of Garnishment is a document that confirms a debt has been fully paid, releasing the garnishee from further obligation to withhold money. Once filed, the garnishment order is resolved, and the debtor's wages or account are no longer subject to garnishment for that debt.

Presently there is a Florida statute that limits judgment liens to 20 years,3 and there is a Florida statute that limits ?actions? on certain judgments to 20 years and other judgments to five years. There is, however, no statute or court rule that places a time limit on the execution of judgments.

Whenever the entire amount due on a judgment, including interest, is paid in full, the holder of a judgment must execute a satisfaction of judgment and record the satisfaction in those counties where a certified copy of the judgment was previously recorded.

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Enforcement of final judgments by Writ ... Another method of enforcing a valid judgment in Florida is by writ. The system of writs in Florida comes from old ... The complaint shall contain a brief jurisdictional statement, a description of the subject matter of the proceeding, and a statement of the facts sufficient to ...This form is a sample Agreed Order for Forfeiture. For use by authorities attempting to seize property connected with drug or other criminal activity, ... Thirteenth Judicial Circuit - Forms List. Please select the category below to expand and view general forms for those division. The Court finds that $(Leave Blank court will fill in number unless stipulated to) hours were reasonably expended by Plaintiff's expert counsel, NAME OF EXPERT. The United States' motion is granted. 2. Final judgment of forfeiture is hereby entered in favor of the United States forfeiting the defendants 236 cartons each. ... a final order of forfeiture in an uncontested ancillary proceeding, the government may file an advisory “notice of finality,” indicating the date(s) when ... (c) Upon the entry of a final judgment of forfeiture in favor of the state ... In the alternative, the court may order the forfeiture of any other property ... Supplemental Petition - a petition that may be filed by either party after the judge has made a decision in a case and a final judgment or order has been ... Dec 1, 2020 — If the Court orders that the seizure be vacated, the judicial officer shall also award attorney's ... in the case and order the entry of a final ...

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Florida Agreed Order and Final Judgment - Awarding Forfeiture