§ 10-60. Procedure for disposition of confiscated bingo equipment.

(a)

Return of sheriff. When bingo equipment is seized by the sheriff or a law enforcement officer in the office of the sheriff pursuant to section 10-59, the sheriff shall fix the approximate value thereof and make a return thereof to the county attorney. The return shall contain a schedule of the bingo equipment seized, describing it in reasonable detail; shall give in detail the facts and circumstances under which it was seized; shall state in full the reason why the seizing officer knew or was led to believe that the bingo equipment was being used unlawfully; and shall list all persons known to the sheriff to be interested in the seized bingo equipment. The sheriff shall hold the seized bingo equipment pending its disposition by the court as provided in this section.

(b)

Proceedings for forfeiture.

(1)

Petition; violation.

a.

Upon receipt of the sheriff's return, the county attorney shall file with the appropriate court a petition for forfeiture of the seized bingo equipment. The proceedings and any judgment of forfeiture shall be in rem and primarily against the bingo equipment itself. Upon the filing of the petition, the clerk shall issue a citation directed to all persons owning, having or claiming an interest in or a lien upon the seized bingo equipment to file their claim to, on or in the equipment within the time fixed in the citation as to persons not personally served and within 20 days from personal service of the citation where personal service is held. Personal service shall be made on all persons in the state listed on the sheriff's return, in accordance with the Florida Rules of Civil Procedure and the laws of the state. The citation shall be in substantially the following form:

IN THE [name of court]

IN RE FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY

[here describe seized bingo equipment]

THE COUNTY OF PASCO to:

[here list the individuals, partnerships, corporations and unincorporated organizations listed on the sheriff's return] AND TO ALL PERSONS, FIRMS AND CORPORATIONS OWNING, HAVING OR CLAIMING AN INTEREST IN OR LIEN ON THE ABOVE-DESCRIBED PROPERTY.

YOU AND EACH OF YOU is hereby notified that the above-described property has been seized under and by virtue of Pasco County Code and is in the possession of the Sheriff of Pasco County, and you and each of you is hereby further notified that a petition under said Code has been filed in [name of court] seeking the forfeiture of the said property. You are hereby directed and required to file your claim, if any you have, and show cause on or before ________, 20___, if not personally served with process herein, and within 20 days from service if personally served with process herein, why the said property should not be forfeited pursuant to said Pasco County Code. Should you fail to file claim as herein directed, judgment will be entered against you herein in due course. Persons not personally served with process may obtain a copy of the petition for forfeiture filed herein from the undersigned Clerk of Court.

WITNESS my hand and the seal of the above-mentioned court, at New Port Richey/Dade City, Florida, this ________, 20___.

_____ [Clerk of the Court]

 

[seal]

By _____ [Deputy Clerk]

 

b.

The citation shall be returnable, as to persons served constructively, not less than 21 nor more than 30 days from the posting or publication thereof and as to persons personally served within 20 days from service thereof.

c.

If the value of the seized bingo equipment is shown by the sheriff's return to have an approximate value of $400.00 or less, the citation shall be constructively served by posting at three public places in the county, one of which shall be the front door of the county courthouse. If the value of the seized bingo equipment is shown by the sheriff's return to have an approximate value of more than $400.00, the citation shall be published once a week for three consecutive weeks as provided in F.S. ch. 50. Failure of the record of the proceedings to show proof of publication shall not affect any judgment made therein unless it shall affirmatively appear that no publication was made.

(2)

Delivery of property to claimant. A person filing a claim in the action, which claim shall state fully such person's right, title, claim or interest in and to the seized bingo equipment, may, at any time after the claim is filed with the clerk of the court, obtain possession of the seized bingo equipment by filing a request therefore with the sheriff and posting with him a surety bond. The surety bond shall be approved by the county attorney, shall be payable to the county in twice the amount of the value of the property as fixed on the sheriff's return and shall be with a corporate surety duly authorized to transact business in the state as a surety. The bond shall be conditioned upon his paying to the sheriff the value of the property together with the costs of the proceedings if a judgment of forfeiture is entered by the court. Upon the posting of the bond with the sheriff and the release of the property to the applicant, the action shall proceed to final judgment as if no bond has been filed, except that an execution issued pursuant to a final judgment may run and be enforced against the person posting the bond and his surety.

(3)

Proceedings before judgment. The action shall proceed as a civil action under the Florida Rules of Civil Procedure and the laws of the state. Except as provided in this section, a claimant shall prove to the satisfaction of the court that he did not know or have any reason to believe, at the time his right, title, interest or lien arose, the seized bingo equipment was being used for or in connection with the unlawful conduct of bingo or instant bingo and, further, that at that time there was no reasonable reason to believe that the equipment might be used for such purposes. Where the owner of the seized bingo equipment has been convicted of a violation of subsection 10-57(1) or (2), the conviction shall be prima facie evidence that each claimant has reason to believe that the equipment might be used for or in connection with the unlawful conduct of bingo or instant bingo, and it shall be incumbent upon the claimant to satisfy the court that he was without knowledge of the conviction.

(4)

Judgment of forfeiture. On final hearing, the sheriff's return shall be taken as prima facie evidence that the seized bingo equipment was or had been used for or in connection with the unlawful conduct of bingo or instant bingo and shall be sufficient predicate for a judgment of forfeiture in the absence of other proofs and evidence. Where the seized bingo equipment is encumbered by a lien or retained-title agreement under circumstances wherein the lienholder had no knowledge of the use of the equipment for or in connection with the unlawful conduct of bingo or instant bingo and no reasonable reason to believe that it might be so used, the court may:

a.

Declare a forfeiture of all other rights, title and interests subject to the lien of the innocent lienholder.

b.

Direct the payment of the innocent lienholder from the proceeds of a sale of the seized bingo equipment.

Upon the entry of a judgment of forfeiture, the court shall determine the disposition to be made of the seized bingo equipment. A sale of the seized bingo equipment shall be at public sale to the highest and best bidder for cash after two weeks' public notice has been given as the court directs. Where the seized bingo equipment has been delivered to a claimant as provided in subsection (b)(2) of this section, the court shall determine the value of the equipment or portion thereof subject to forfeiture and shall enter judgment against the principal and surety of the bond in such amount for which execution shall issue in the usual manner. Upon the application of a claimant, the court may fix the value of the forfeitable interest in the seized bingo equipment and permit the claimant to redeem the equipment upon the payment of a sum equal to the value of the forfeitable interest, which sum shall be disposed of as would the proceeds of a sale of the equipment under a judgment of forfeiture.

(c)

Disposition of proceeds of forfeiture. Money received from the sale or other disposition of seized bingo equipment shall be paid into the general fund.

(Code 1970, § 16½-111; Ord. No. 92-15, § 31, 10-27-92; Ord. No. 08-40, § 1, 9-23-08)