All automobile owners should know the new Pinellas County vehicle seizure policy. This policy, implemented by the Pinellas County Sheriff's Office, involves the potential seizure of a vehicle if the driver attempts to evade law enforcement.
If you own a vehicle, be sure you understand this new policy in Pinellas County, or you could face major consequences.
Do you live in or travel through Pinellas County, Florida? Do you ever let anyone borrow your car or truck? If so, it is critical to know about the Pinellas County vehicle seizure policy implemented in June 2024. Fleeing law enforcement may trigger a vehicle seizure.
This policy was created in the hopes of reducing high-speed police chases. Law enforcement officials believe that if people know they could lose their vehicle, they will be less likely to flee a lawful stop.
The policy is specific about what conduct will trigger a vehicle seizure. According to the Pinellas County Sheriff’s Office (PCSO), if anyone flees in a vehicle from a Pinellas County deputy when they have been directed to stop, they will have their vehicle seized under the Florida Contraband Forfeiture Act.
Sheriff Bob Gualtieri's reasoning behind the new Pinellas County vehicle seizure policy is to do more to reduce police pursuits, following an earlier measure in 2014 where he raised the threshold for when deputies could chase suspects. The policy equated to reserving such cases when there is “imminent danger to the public.”
When people flee the police, it can not only be dangerous, but it can also be fatal. Nationwide, according to the National Highway Traffic Safety Administration, there was a 40% increase in fatal crashes from law enforcement pursuits from 2019-2022, as compared to the previous three years.
The recent vehicle seizure policy is intended to limit dangerous police chases but is also aimed at accountability for drivers. The Sheriff’s Office believes that if a person knows they could lose their vehicle by fleeing the police, they will be less likely to do so, thereby protecting other drivers and the public.
Florida’s civil forfeiture laws provide details about how this policy is enforced. How the policy is enforced will depend on the vehicle's ownership and on who was actually driving the vehicle when the fleeing occurred. There are specific seizure processes for owners, non-owners, and rental car companies. Notifications of seizures or potential seizures are sent to owners under the parameters of the new policy and the Florida Contraband Forfeiture Act.
If the person driving a vehicle is the owner and flees from law enforcement after being directed to stop, the vehicle will be subject to immediate seizure.
Florida law considers fleeing and eluding law enforcement a felony. It starts as a third-degree felony and escalates if/when the driver’s actions cause injury to a person(s) or property damage.
Depending on the circumstances, the driver/owner will, in addition to having the vehicle seized, typically be arrested and charged with the appropriate crime. The owner should seek legal representation as soon as possible.
The owner will then have the opportunity to request a hearing to review the case and attempt to get the seizure overturned, as listed above.
If the person driving a vehicle is not the owner and flees from law enforcement after being directed to stop, the vehicle will not be immediately seized (on the first offense).
The vehicle owner will be sent a written notice. The notice will include the person driving the vehicle, stating that they committed the felony offense of fleeing and eluding, and further includes a warning that if the same person does this a second time, the vehicle will be seized.
The same legal processes can be taken to attempt to overturn the seizure.
The new Pinellas County vehicle seizure policy also impacts rental car companies. If a person driving a vehicle owned by a rental car company flees from law enforcement, the vehicle will not be immediately seized (on the individual’s first offense).
The company will be sent a written notice that the particular individual committed the felony of fleeing and eluding in the vehicle owned by the rental car company. The notice will also include a warning that if that same individual rents any vehicle owned by the company and flees from law enforcement again, the vehicle involved will be seized.
While the new policy gives PCSO the power to seize vehicles, it is important to know that owners still have legal rights. Processes ensure these rights are taken into account, and steps can be taken if your vehicle has been seized.
First, the PCSO must notify the owner within five days of the vehicle seizure. Then, the forfeiture proceedings must begin within 45 days. However, if “good cause” is demonstrated to the judge, the timeline extends to 60 days, offering owners more time to prepare and present their case.
Once the owner is notified of the vehicle seizure, they have 15 days to request an initial hearing before the judge to overturn the seizure.
If the request for the hearing is not completed within 15 days, the owner will need to wait to present their case in court proceedings in front of a jury.
The Florida Contraband Forfeiture Act contains relevant provisions to the Pinellas County vehicle seizure policy.
Under Fl. Stat. 932.701, the PCSO has a duty, as described above, to send the owner of seized property a “Notice of Seizure.” This notice will identify the seized property and advise the owner of the right to demand an “Adversarial Preliminary Hearing.” This right to this hearing is pursuant to Fl. Stat. 932.703(3)(a).
These statutes require the duties and responsibilities of the Pinellas County Sheriff’s Office while guaranteeing certain legal rights to vehicle owners.
While PCSO has implemented a policy of seizing vehicles, vehicle owners have the legal right to an initial court hearing and a jury trial to contest the seizure.
The Adversarial Preliminary Hearing is similar to the first court appearance after an arrest—it starts the process. It also serves as a check and balance on the power of the Florida government. The judge will determine whether or not law enforcement officials have satisfied the minimum standards required by law to seize the vehicle prior to the final outcome of your case.
If the requirements are satisfied, the county can keep the vehicle pending the outcome. If the minimum requirements are not met in the hearing, the vehicle must be returned expeditiously.
If the minimum standard for vehicle seizure is met, the discovery phase and jury trial proceed. Depending on the case, either a dismissal or a settlement out of court can also prevent the need for a jury trial.
During the jury trial, you have the right to an attorney, present your evidence, call witnesses, testify on your behalf, and cross-examine the witnesses for the prosecution.
In the culmination of forfeiture proceedings, two things can happen:
If the ruling goes in your favor, you will not only get your vehicle back, but you may also be entitled to receive funds for attorney fees, court costs, and interest.
Residents and some legal experts have expressed concerns about the new Pinellas County vehicle seizure policy. They are apprehensive about how it could be implemented, creating controversy, including concerns about using the policy for unnecessary police pursuits to obtain more vehicle seizures for the county. Additionally, some attorneys have reported that arrests for fleeing and eluding have occurred when a driver was simply driving around the block or into a properly lit gas station.
Drivers know they could lose their vehicles if they try to flee law enforcement, so PCSO believes that the policy is expected to reduce the number of high-speed police pursuits. This anticipated reduction should improve public safety.
If your vehicle has been seized, know you have options and legal rights under state law. You may be able to get the seizure overturned.
First, contact an attorney immediately. The Denson Firm can help.
An attorney will provide legal guidance and inform you of your best options and strategy moving forward, which depends on the specific circumstances of your case, including your actions and the actions of law enforcement that led to the seizure of the vehicle. A criminal defense attorney will also advocate for your rights after an arrest.
They can ensure the process of demanding an Adversarial Preliminary Hearing is appropriately completed if contacted in time. An attorney can also lead as your advocate in a jury trial to overturn the seizure of your vehicle.
During the legal proceedings, the county can keep the vehicle if the judge determines probable cause for the seizure. The case will move on to the jury trial if probable cause is determined at the adversarial preliminary hearing.
Your attorney will communicate with you throughout the process as the case is prepared for trial. It is important to provide all relevant information the attorney requests, including any potential witnesses, to build as strong a case as possible. Be responsive and transparent, and provide as much detail as you can.
If you are a first-time offender, charges may be able to be dropped or expunged.
It is critical to seek legal advice. Do not try to represent yourself in court. If you are convicted of fleeing and eluding, the offense will not be able to be sealed or expunged. It will be on your permanent record. Additionally, you will be unable to get your vehicle back, which was seized by Pinellas County.
The Pinellas County vehicle seizure policy is a wide-reaching policy that all vehicle owners should understand. It was implemented to reduce high-speed police chases and improve public safety. It also puts vehicle owners on notice.
If you flee law enforcement, your vehicle can be permanently seized. If you let someone else drive your car or truck and they flee after being asked to stop by the police, they can take your vehicle, too. You will also face criminal charges.
Fleeing and eluding is a felony offense in Florida. If you are convicted, you will face serious consequences and have a permanent record.
If you have had your vehicle seized, take action today.
Contact The Denson Firm for legal assistance and more information on protecting your rights. Contact us today to schedule a free initial confidential consultation.
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