Florida Petition for Forfeiture

State:
Multi-State
Control #:
US-01611
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample Petition for Forfeiture. For use by authorities attempting to seize property connected with drug or other criminal activity. Adapt to fit your facts.
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FAQ

Pursuant to Section 932.7061, Florida Statutes, every law enforcement agency shall submit an annual report to the Department of Law Enforcement by December 1 each year.

Under the Florida Contraband Forfeiture Act, the State can seize ?any personal property? ? including any type of vehicle, boat, machine, etc. ? if they can demonstrate a ?nexus? between the item seized and illegal activity. Asset Seizure In Florida: When Law Enforcement Can Seize Your ... joshi-law.com ? asset-seizure-in-florida-whe... joshi-law.com ? asset-seizure-in-florida-whe...

While the government views civil forfeiture as a powerful tool against the drug trade, organized crime, and political corruption, it is often criticized as an unconstitutional exercise of government power, in violation of the Fourth, Fifth, and Eighth Amendments, and as against a fundamental element of due process. civil forfeiture | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? civil_forfeiture cornell.edu ? wex ? civil_forfeiture

Florida has civil forfeiture, which is an action against the property, not the owner.

Sections 932.701-932.706, F.S., comprise the Florida Contraband Forfeiture Act, which provides for the seizure and civil forfeiture of property related to criminal and non-criminal violations of law. Contraband and other property may be seized when utilized during or for the purpose of violating the Act.

A: There are different legal theories of forfeiture. Property that the wrongdoer would not have had but for the crime can be forfeited as proceeds. For example, cash acquired through an unlawful activity such as drug dealing, or a car bought with cash from drug dealing can be forfeited under the proceeds theory.

Civil forfeiture, legal process that enables a government to seize property and other assets belonging to persons suspected of committing a crime. The main purpose of civil forfeiture is to provide an effective means of prosecuting criminals and fighting organized crime. Civil forfeiture | Definition & Procedure | Britannica Money britannica.com ? money ? topic ? civil-forfe... britannica.com ? money ? topic ? civil-forfe...

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Florida Petition for Forfeiture