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Seizure and Forfeiture of Property in Bay County, FL

If a law enforcement agency in Panama City or anywhere in Bay County at the local or state level took your cash, vehicle, or other property, the seizure was made under the Florida Contraband Forfeiture Act, Sections 932.701–932.706, Florida Statutes.

For the most part under Florida law, forfeiture is civil, not criminal. For that reason, the agency can seize your property even if no one is ever arrested.

After a seizure, you should receive a written Notice of Seizure describing your right to a hearing. Read it immediately. You have only 15 days to demand an adversarial preliminary hearing (APH). Properly requesting that APH is frequently the best way to force the early return of your property.

If you do nothing, the law enforcement agency might take title to the property without a fight, usually after filing a complaint for forfeiture in the Circuit Court in Bay County, FL.

Bay County draws heavy tourist traffic to Panama City Beach, especially during spring break and the summer season. Many local forfeiture cases involve cash and vehicles seized during traffic stops on US-98 and Back Beach Road, during beach-season enforcement, and during drug investigations.

Officers often point to a drug-dog “alert,” a large amount of cash, or the way money is packaged to claim a link to narcotics. In addition ot the seizure of cash, law enforcement officers also seize vehicles, jewelry, real estate, cryptocurrency or other digital assets.

Attorney for Forfeiture in Bay County, FL

Our asset forfeiture attorneys represent property owners throughout Bay County, including Panama City, Panama City Beach, Lynn Haven, Callaway, Springfield, and Parker.

We can file the demand for an APH, negotiate the early release of your property, and litigate the case to a jury if needed. Many cases are handled on a contingency fee, so you pay nothing unless we recover your property.

Call 813-250-0500.

Agencies That Seize Property in Bay County, FL

Bay County is served by the Fourteenth Judicial Circuit. The circuit also covers Calhoun, Gulf, Holmes, Jackson, and Washington counties. Civil forfeiture complaints filed by a Bay County agency are heard in the civil division of the circuit court at the Bay County Courthouse, 300 E. 4th Street, Panama City, FL 32401.

The following agencies in Bay County seize property for forfeiture:

  • Bay County Sheriff’s Office (BCSO)
  • Panama City Police Department
  • Panama City Beach Police Department
  • Lynn Haven Police Department
  • Callaway Police Department
  • Springfield Police Department
  • Florida Highway Patrol (FHP)

Deadlines in Florida Asset Forfeiture Cases

The following deadlines apply in forfeiture cases under state law:

  • The Notice of Seizure must be served within 5 working days of the seizure.
  • You have 15 days after the notice to demand an adversarial preliminary hearing by certified mail.
  • The agency must apply for a probable cause determination within 10 business days.
  • The agency must file its forfeiture complaint within 45 days.
  • You have 20 days after being served with the complaint to answer and demand a jury trial.

At the adversarial preliminary hearing (APH), the court decides only whether probable cause supports the seizure. A finding of no probable cause ends the forfeiture and can entitle you to up to $2,000 in attorney fees.

If the case proceeds to trial, you are entitled to a jury. The seizing agency must prove beyond a reasonable doubt that the property was used in violation of the Florida Contraband Forfeiture Act before it can keep it.

If your money or vehicle was seized anywhere in Bay County, contact us at 813-250-0500 for a free and confidential consultation.

How the Bay County Sheriff Sells Seized and Forfeited Property

Once property is forfeited, all right and title to it pass to the seizing agency, which can then sell it. In a 2004 Attorney General opinion requested by the Bay County Sheriff’s Office, the Attorney General addressed how the Sheriff may dispose of that property. (AGO 2004-23.)

The Sheriff’s Office asked whether it could use an online auction service, such as eBay or GovDeals, instead of a live in-person auction. The question covered four categories of property:

  • surplus property under Section 274.06;
  • lost or abandoned property under Section 705.103;
  • unclaimed evidence under Section 705.105; and
  • forfeited property under Section 932.7055, Florida Statutes.

The Attorney General concluded that the Sheriff may use an online or internet auction service for all four categories. No licensed auctioneer is required, because these are sales required by law to be at auction and are exempt under Section 468.383.

The Sheriff must still follow each statute’s advertising and notice requirements before any online sale. Weapons and firearms held as unclaimed evidence are an exception and must be disposed of under Section 790.08, not by general auction.

For property forfeited under the Florida Contraband Forfeiture Act, the agency may sell it at public auction or by sealed bid to the highest bidder, and the opinion found nothing that requires a particular venue.

The practical lesson for property owners is simple: once property is forfeited, the agency can sell it, including online. That is why it is so important to demand an adversarial preliminary hearing within 15 days and fight the forfeiture before your property is gone. Source: Op. Att’y Gen. Fla. 2004-23 (April 29, 2004).

This article was last updated on Monday, June 8, 2026.