tampa Felony Law Blog

After the Civil War, tourists from northern states started flocking to Florida by way of newly-constructed railroads systems and steamboats. Previous to submitting the criticism, the Petitioner must conduct a fairly diligent seek for all house owners Rental Systems of Florida who may have an interest within the Automobile and disclose which persons or entities could have standing to problem the forfeiture of the Automobile pursuant to Section 932.701(2)(h), Florida Statutes, prior to its seizure by the Florida Highway Patrol.

(d) If the court determines that possible trigger exists to consider that such property was utilized in violation of the Florida Contraband Forfeiture Act, the court docket shall order the property restrained by the least restrictive means to protect in opposition to disposal, waste, or continued illegal use of such property pending disposition of the forfeiture continuing.

The finished software should then be returned to the Florida Department of Law Enforcement (FDLE) Legal Justice Data Services Expunge Part. The Division of Freeway Safety and Motor Vehicles (DHSMV) Division of Florida Highway Patrol is seizing car under the Florida Contraband Forfeiture Act at an alarming price. If FHP or one other legislation enforcement company in Florida seized your property, take into account hiring an legal professional to file for the adversarial preliminary hearing.

After receiving the request for the APH, the company has quite a lot of work to do. It'll then file an Emergency Request for Adversarial Preliminary Hearing Pursuant to the Florida Contraband Forfeiture Act.” Pursuant to section 932.703(2)(a), Florida Statutes, when an Adversarial Preliminary Hearing is requested, the seizing agency … shall set and see the hearing, which have to be held inside 10 days after the request is acquired or as quickly as practicable thereafter… In these actions, the Division of Highway Security and Motor Automobiles, acts by its Division of the Florida Highway Patrol, is a Law Enforcement company as set forth in Section 932.704(1), Florida Statutes.

The grievance will usually alleged that the owner of the seized property is just not eligible to claim the monetary safe harbor provisions of Part 322.34(10), Florida Statutes. When submitting of the Verified Complaint, the Petitioner (the law enforcement company that made the seizure) should adjust to the service requirements of Section 932.703(2)(a), and 932.704(6)(a), Florida Statutes. This matter is earlier than the Courtroom for consideration of proposed amendments to the Florida Guidelines of Legal Process.