BP Evidence Storage and Destruction
Sample Documents
APPENDIX
A.Evidence Change of Custody Form
B.Notice of Intent to Dispose of or Destroy Exhibits/Evidence
C.Petition to Dispose of Unclaimed Evidence
D.Petition to Dispose of Evidence (Contraband/Drugs)
E.Petition to Transfer Evidence (Firearms/Weapons/Obscene Materials)
F.Petition to Sell Unclaimed Evidence (Auction)
Attachment A
IN THE ______COURT OF THE ______JUDICIAL CIRCUIT
IN AND FOR ______COUNTY, FLORIDA
,
v.CASE NO.:
,
/
EVIDENCE CHANGE OF CUSTODY FORM
Detailed Description of Evidence:
______
______
______
______
______
______
Reason for Change of Custody:
Court Proceeding
Judge’s Office: ______(Fill in Judge’s Office)
Return to Clerk of Court
Other: ______(Fill in Reason)
I/we release the above evidence.I receive and accept responsibility for
the above evidence.
Sign: Sign:
Date: ______Date: ______
Time: ______Time: ______
Sign:
Date: ______
Time: ______
Attachment B
IN THE ______COURT OF THE ______JUDICIAL CIRCUIT
IN AND FOR ______COUNTY, FLORIDA
,
v.CASE NO.:
,
/
NOTICE OF INTENT TO DISPOSE OF OR DESTROY EXHIBITS/EVIDENCE
PLEASE BE ADVISED that, on or after ______, 20__, ______, Clerk of the Circuit Court, intends to destroy or otherwise dispose of the following exhibits that were introduced into evidence or marked for identification in the above-styled cause, pursuant to section 28.213 of the Florida Statutes and/or rule 2.430 of the Florida Rules of Judicial Administration:
SEE ATTACHED EVIDENCE LIST
For non-criminal proceedings, the exhibits will be delivered to any party or attorney of record calling for them prior to the date set forth above, pursuant to rule 2.430, with preference given to the party or attorney of record who introduced them into evidence or had them marked for identification. For criminal proceedings: any evidence that was seized by a law enforcement agency in connection with its investigation in a criminal proceeding will be returned to the agency, pursuant to section 705.105 of the Florida Statutes, if it calls for the evidence prior to the date set forth above; the disposition of weapons and firearms will be governed by section 790.08 of the Florida Statutes; and the destruction of controlled substances or listed chemicals will be governed by section 893.12 of the Florida Statutes.
ANY OBJECTIONS TO THE DESTRUCTION OR DISPOSAL OF SUCH EVIDENCE MUST BE FILED PRIOR TO THE DATE SET FORTH ABOVE.
Date: ______, 20______
Clerk of the Circuit Court
By:
Deputy Clerk
Certificate of Service
I hereby certify that a copy of the foregoing has been furnished on this ___ day of ______, 20__, by e-service or regular U.S. Mail to:
[Plaintiff/Plaintiff’s Counsel/SAO][Defendant/Defense Counsel]
[Sheriff’s Dept./Police Dept./FDLE][Victim, if applicable]
By:
Deputy Clerk
Attachment C
IN THE ______COURT OF THE ______JUDICIAL CIRCUIT
IN AND FOR ______COUNTY, FLORIDA
,
v.CASE NO.:
,
PETITION TO DISPOSE OF UNCLAIMED EVIDENCE
______, Clerk of the Circuit Court, hereby petitions to dispose of unclaimed evidence, pursuant to section 28.213 of the Florida Statutes, and states:
The physical evidence on the attached list has been held by the Clerk in excess of three (3) years; the cases to which these items of evidence pertain have been finalized; no appeal or collateral attack is pending or can be made at this point; at least 30 days’ notice of the Clerk’s intent to dispose of the evidence was provided to all pertinent parties and no one has objected to its disposition; there have not been any valid claims filed with the Clerk for the return of any of the items; the items of evidence that have no monetary value will be disposed of as unusable refuse; and the items of evidence that have monetary value will be sold and the revenue will be placed in the Clerk’s general revenue fund.
WHEREFORE, the Clerk respectfully requests that the Court enter an Order to Dispose of Unclaimed Evidence, thereby authorizing the Clerk to dispose of the evidence as authorized by law.
Clerk of the Circuit Court
By:
Deputy Clerk
ORDER TO DISPOSE OF UNCLAIMED EVIDENCE
This matter came before the Court on the Clerk of the Circuit Court’s Petition to Dispose of Unclaimed Evidence. The Court, having reviewed and duly considered the petition, hereby ORDERS and ADJUDGES that:
The petition is granted and the Clerk is directed to dispose of the unclaimed physical evidence itemized on the attached list as authorized by law.
Upon disposal of the evidence, the Clerk will file a certificate of compliance and will be released from all further liability as to the evidence.
DONE and ORDERED this ___ day of ______, 20__, in Chambers in ______, Florida.
Circuit Judge
Attachment D
IN THE ______COURT OF THE ______JUDICIAL CIRCUIT
IN AND FOR ______COUNTY, FLORIDA
,
v.CASE NO.:
,
PETITION TO DISPOSE OF EVIDENCE (CONTRABAND/DRUGS)
______, Clerk of the Circuit Court, hereby petitions to dispose of certain evidence, pursuant to sections 28.213 and/or 893.12 of the Florida Statutes, and states:
The items of physical evidence on the attached list, which consist of contraband and/or drugs, have been held by the Clerk in excess of three (3) years; the cases to which these items of evidence pertain have been finalized; no appeal or collateral attack is pending or can be made at this point; at least 30 days’ notice of the Clerk’s intent to dispose of the evidence was provided to all pertinent parties and no one has objected to their disposition.
WHEREFORE, the Clerk requests that the Court enter an Order directing the Clerk to deliver the evidence to the ______County Sheriff’s Office and directing the ______County Sheriff’s Office to then destroy the evidence in accordance with Florida law.
Clerk of the Circuit Court
By:
Deputy Clerk
ORDER AUTHORIZING THE DESTRUCTION OF EVIDENCE
This matter came before the Court on the Clerk of the Circuit Court’s Petition to Dispose of Evidence (Contraband/Drugs). The Court, having reviewed and duly considered the petition, hereby ORDERS and ADJUDGES that:
The petition is granted and the Clerk is directed to deliver the evidence itemized on the attached list to the ______County Sheriff’s Office. Upon delivery of the evidence to the Sheriff’s Office, the Clerk will file a certificate of compliance and will be released from all further liability as to the evidence.
Upon receipt of the evidence, the ______County Sheriff’s Office is directed to destroy the evidence in accordance with Florida law. In accordance with section 893.12 of the Florida Statutes, a record of the time, place and manner of destruction will be kept and a return reporting the destruction will be made under oath to the court by the officer who destroys them.
DONE and ORDERED this ___ day of ______, 20__, in Chambers in ______, Florida.
Circuit Judge
Attachment E
IN THE ______COURT OF THE ______JUDICIAL CIRCUIT
IN AND FOR ______COUNTY, FLORIDA
,
v.CASE NO.:
,
PETITION TO TRANSFER EVIDENCE
(FIREARMS/WEAPONS/OBSCENE MATERIALS)
______, Clerk of the Circuit Court, hereby petitions to transfer certain evidence to the Sheriff of ______, County, pursuant to sections 28.213, 790.08(2), and/or 847.011(7) of the Florida Statutes, and states:
The items of physical evidence on the attached list, which consist of firearms, other weapons and/or obscene materials, have been held by the Clerk in excess of three (3) years; the cases to which these items of evidence pertain have been finalized; no appeal or collateral attack is pending or can be made at this point; at least 30 days’ notice of the Clerk’s intent to dispose of the evidence was provided to all pertinent parties and no one has objected to their disposition; and there have not been any valid claims filed with the Clerk for the return of any of the items.
WHEREFORE, the Clerk requests that the Court enter an Order determining that each of the firearms, other weapons, and/or obscene materials have been forfeited to the State of Florida and authorizing the Clerk to deliver each item to the Sheriff of ______County.
Clerk of the Circuit Court
By:
Deputy Clerk
ORDER TO TRANSFER EVIDENCE
(FIREARMS/WEAPONS/OBSCENE MATERIALS)
This matter came before the Court on the Clerk of the Circuit Court’s Petition to Transfer Evidence (Firearms/Weapons/Obscene Materials). The Court, having reviewed and duly considered the petition, hereby ORDERS and ADJUDGES that:
The petition is granted. The firearms, other weapons and/or obscene materials itemized on the attached list have been forfeited to the State of Florida and the Clerk is directed to deliver each item to the Sheriff of ______County.
Upon transfer of the evidence, the Clerk will file a certificate of compliance and will be released from all further liability as to the evidence.
DONE and ORDERED this ___ day of ______, 20__, in Chambers in ______, Florida.
Circuit Judge
Attachment F
IN THE ______COURT OF THE ______JUDICIAL CIRCUIT
IN AND FOR ______COUNTY, FLORIDA
,
v.CASE NO.:
,
/
PETITION TO SELL UNCLAIMED EVIDENCE (AUCTION)
______, Clerk of the Circuit Court, hereby petitions to sell certain unclaimed evidence, pursuant to section 28.213 of the Florida Statutes, and states:
The items of physical evidence on the attached list have been held by the Clerk in excess of three (3) years; the cases to which these items of evidence pertain have been finalized; no appeal or collateral attack is pending or can be made at this point; at least 30 days’ notice of the Clerk’s intent to dispose of the evidence was provided to all pertinent parties and no one has objected to their disposition; and there have not been any valid claims filed with the Clerk for the return of any of the items.
WHEREFORE, the Clerk requests that the Court enter an Order directing the Clerk to offer the evidence for sale at Public Auction.
Clerk of the Circuit Court
By:
Deputy Clerk
ORDER AUTHORIZING SALE OF UNCLAIMED EVIDENCE
This matter came before the Court on the Clerk of the Circuit Court’s Petition to Sell Unclaimed Evidence (Auction). The Court, having reviewed and duly considered the petition, hereby ORDERS and ADJUDGES that:
The petition is granted and the Clerk is directed to offer the evidence itemized on the attached list for sale at Public Auction. Upon selling the evidence, the Clerk will file a certificate of compliance and will be released from all further liability as to the evidence. The Clerk is directed to place the revenue from the sale in the Clerk’s general revenue fund.
DONE and ORDERED this ___ day of ______, 20__, in Chambers in ______, Florida.
Circuit Judge
Rev. 2/3/15