§ 31-94. Seizure, impoundment and forfeiture.

(A)

Seizure. Police officers or such other employees as may be designated by the County Mayor are authorized to seize and impound any for-hire motor vehicle which such officer or employee has probable cause to believe is being operated in violation of Section 31-82(a) of Article II of Chapter 31 of the Miami-Dade County Code. A vehicle seized in accordance with this subsection shall be removed to a designated secured facility.

(B)

Notice of seizure.

(1)

Within twenty-four (24) hours of a seizure, as described in Section 31-94(A), a police officer or other designated County employee shall make a diligent search and inquiry as to the owner's name and address and make a good faith effort to give a notice of seizure in writing to said vehicle owner of the fact of such seizure, the grounds for seizure, identification of the seized vehicle and information concerning these regulations and the designated secured facility to which the vehicle was or will be taken. A copy of said notice of seizure shall also be given to the proprietor of such secured facility.

(2)

Whenever an officer or designated employee seizes a vehicle under this section, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinabove provided, then and in that event the officer or designated employee shall immediately send or cause to be sent a written report of such removal by mail to the Motor Vehicle Commissioner of the Miami-Dade Police Department.

(C)

Vehicle impoundment hearing. Whenever the owner of record of a vehicle seized pursuant to this section makes a request of the RER in person and in writing for a vehicle impoundment hearing within ten (10) days of seizure exclusive of Saturdays, Sundays and legal holidays, a magistrate, as provided in F.S. § 318.32, a County Court Judge or a Hearing Examiner, who shall not have responsibility for the enforcement of this article and who shall be designated by the RER Director, shall conduct the hearing within twenty-four (24) hours or as soon as practicable, excluding Saturdays, Sundays and legal holidays. All interested persons shall be given reasonable opportunity to be heard at the vehicle impoundment hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible. If, after the hearing, the Magistrate, County Court Judge or Hearing Examiner determines that there is no probable cause to believe that the vehicle is subject to seizure and impoundment under subsection (A), the Magistrate, County Court Judge or Hearing Examiner shall order the immediate return of the vehicle. If, after the hearing, the Magistrate, County Court Judge or Hearing Examiner determines that there is probable cause to believe that the vehicle is subject to seizure and impoundment under subsection (A), the Magistrate, County Court Judge or Hearing Examiner shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle (1) posts with the court or RER a cash bond in the amount of the maximum fine(s), plus any applicable towing and storage fees, or (2) pleads guilty or nolo contendere and pays in full any towing and storage fees plus the fine(s). Notwithstanding the foregoing, if, after the hearing, it is determined that there is probable cause to believe that the vehicle is subject to forfeiture proceedings pursuant to Section 31-94(G), said vehicle shall not be released.

(D)

Hearing regarding Code violation charged in field enforcement report and/or complaint/arrest affidavit. Within ten (10) days after a vehicle is seized and impounded pursuant to this section or as soon as practicable, the RER and/or the Clerk's Office shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted regarding the Code violations charged in the field enforcement report the complaint/arrest affidavit or other charging instrument. The hearing shall be conducted within thirty (30) days after the vehicle was seized or as soon as practicable. The hearing shall be conducted by a magistrate, county court judge or hearing examiner. All interested persons shall be given a reasonable opportunity to be heard at the hearing.

(E)

Decisions at hearing.

(1)

If the Magistrate, County Court Judge or Hearing Examiner dismisses the Code violation(s) charged in the field enforcement report, complaint/arrest affidavit or other charging document and/or finds the person charged not guilty, the Magistrate, County Court Judge or hearing examiner shall issue an order for release of the seized vehicle without removal and storage fees.

(2)

If the Magistrate, County Court Judge or Hearing Examiner finds a violation of the Code, the Magistrate, County Court Judge or Hearing Examiner shall assess a fine and/or jail sentence as provided in Section 31-92 of the Code, and removal and storage fees. The fine(s), if any, and removal and storage fees must be paid in order to obtain an order for release of the seized vehicle. A Magistrate, County Court Judge or Hearing Examiner shall not issue an order releasing the vehicle where said vehicle is subject to forfeiture proceedings pursuant to Section 31-94(G).

(3)

If the owner does not obtain the vehicle by the date specified in the order of release, the owner shall be responsible for any further storage fees, and payment of such fees shall be made before the release of the vehicle.

(4)

A vehicle shall not be released from storage prior to the scheduled hearing specified in this subsection if the vehicle is subject to forfeiture pursuant to Section 31-94(G) of the Code.

(5)

Default hearing. If the owner of the seized vehicle fails to appear for the hearing specified in Section 31-94(D), a default hearing will be held. A Magistrate, County Court Judge, or Hearing Examiner shall make a determination pursuant to paragraph (1) or (2) of this subdivision (E). The RER will inform the respondent of the default determination by certified mail, return receipt requested. The information mailed to the owner shall include the provisions of Section 31-94 herein concerning abandoned vehicles. The respondent may comply with the default determination within seven (7) calendar days of such mailing or move to vacate such default determination. In the event that such default determination is vacated, the respondent shall be entitled to a hearing de novo on the original complaint/arrest affidavit, field enforcement report or other charging document. Such hearing shall be schedule within ten (10) working days of the order vacating the default determination or as soon as practicable.

(F)

Appeals. If a violation of Section 31-82(a) of the Code is found, the assessed fine(s) together with removal and storage fees must be paid in order to appeal. However, if the vehicle is the subject of a forfeiture proceeding pursuant to Section 31-94(G) of the Code, only the fine, if any, must be paid in order to appeal. If upon appeal the decision is reversed in whole or part, the appellant shall receive a refund of the relevant fine(s) and fees.

(G)

Forfeiture.

(1)

Forfeiture. In addition to the penalties set forth in Sections 31-91 and 31-92 of the Code, any for-hire motor vehicle used to commit three (3) or more violations of Section 31-82(a) of the Code on at least three (3) separate occasions within a thirty-six (36) month period, where all of such violations were committed on or after the effective date of this ordinance shall be subject to forfeiture upon notice and judicial determination.

(2)

Determination by the RER Director. The Director of the RER shall determine whether to pursue the remedy of forfeiture. Miami-Dade County shall not use the seized vehicle for any purpose until the rights to, interest in, and title to the seized property are perfected in accordance with this section. This section does not prohibit use or operation necessary for reasonable maintenance of seized vehicles. Reasonable efforts shall be made to maintain seized vehicles in such a manner as to minimize loss of value.

(3)

Vehicles subject to forfeiture may be seized provided that the owner is notified at the time of the seizure or by certified mail, return receipt requested, that there is a right to an adversarial preliminary hearing after the seizure to determine whether probable cause exists to believe that such vehicle has been used to commit three (3) or more violations of Section 31-82(a) of the Code on at least three (3) separate occasions within a thirty-six (36) month period, where all of such violations were committed on or after the effective date of this ordinance. The RER or other authorized law enforcement agencies shall make a diligent effort to notify the owner of the seizure. Notice provided by certified mail must be mailed within five (5) working days of the seizure and shall state that the owner may request an adversarial preliminary hearing within fifteen (15) days of receiving such notice. When a post-seizure adversarial preliminary hearing as provided herein is requested, it shall be held within ten (10) days after the request or as soon as practicable. If the court determines that the required probable cause exists, the court shall order the property restrained by the least restrictive means to protect against disposal, waste, or continued illegal use pending disposition of the forfeiture proceeding. If the court orders the release of the vehicle, all fines, if any, and towing and storage fees shall be paid prior to release.

(4)

Neither replevin nor any other action to recover any interest in such property shall be maintained in any court, except as provided in this section; however, such action may be maintained if forfeiture proceedings are not initiated within forty-five (45) days after the date of seizure. However, if good cause is shown, the court may extend the aforementioned prohibition to sixty (60) days.

(5)

The court shall order the forfeiture of any other property of a claimant of a vehicle, excluding lienholders, up to the value of the vehicle subject to forfeiture under this section if the vehicle:

(a)

Cannot be located;

(b)

Has been transferred to, sold to, or deposited with, a third party;

(c)

Has been placed beyond the jurisdiction of the court;

(d)

Has been substantially diminished in value by any act or omission of the person in possession of the property; or

(e)

Has been commingled with any property which cannot be divided without difficulty.

(6)

Exceptions.

(a)

No vehicle shall be forfeited under the provisions of this section if the owner of such vehicle establishes by a preponderance of the evidence that she or he neither knew, nor should have known after a reasonable inquiry, that such vehicle was being used or was likely to be used in violation of Section 31-82(a) of the Code.

(b)

No bona fide lienholder's interest shall be forfeited under the provisions of this section if such lienholder establishes by a preponderance of the evidence that she or he neither knew, nor should have known after a reasonable inquiry, that such property was being used or was likely to be used in violation of Section 31-82(a) of the Code, that such use was without his or her expressed or implied consent, and that the lien had been perfected in the manner prescribed by law prior to such seizure.

(c)

No vehicle which is rented or leased from a company engaged in the business of renting or leasing vehicles shall be forfeited under the provisions of this section if the company establishes by a preponderance of the evidence that it neither knew, nor should have known, that the vehicle was being used or was likely to be used in violation of Section 31-82(a) of the Code. When a vehicle which is rented or leased from a company engaged in the business of renting or leasing vehicles is seized under this section, upon learning the address or phone number of said company, the RER shall, as soon as practicable, inform said company that the vehicle has been seized.

(d)

Any interest in, title to, or right to a vehicle titled or registered jointly by the use of the conjunctives "and," "and/or," or "or" held by a co-owner shall not be forfeited if the co-owner establishes by a preponderance of the evidence that such co-owner neither knew, nor had reason to know, after reasonable inquiry, that such property was used or was likely to be used in violation of Section 31-82(a) of the Code. When the interests of each culpable co-owner are forfeited, any remaining co-owners shall be afforded the opportunity to purchase the forfeited interest in, title to, or right to the property from Miami-Dade County. If any remaining co-owner does not purchase such interest, Miami-Dade County may hold the property in co-ownership, sell its interest in the property, liquidate its interest in the property, or dispose of its interest in the property in any other reasonable manner.

(7)

Forfeiture proceedings.

(a)

It is the policy of Miami-Dade County that the provisions of this section are adopted to deter and prevent the continued use of for-hire motor vehicles to violate Section 31-82(a) of the Code while protecting proprietary interests of innocent owners and lienholders and to authorize the use of the proceeds collected under this section as supplemental funding for enforcement purposes.

(b)

The Florida Rules of Civil Procedure shall govern forfeiture proceedings under this section unless otherwise specified herein.

(c)

Any trial on the ultimate issue of forfeiture shall be decided by a jury, unless such right is waived by the claimant of the vehicle through a written waiver or on the record before the court conducting the forfeiture proceeding.

(d)

Miami-Dade County shall promptly proceed against the vehicle by filing a compliant in the circuit court.

(e)

(i)
The complaint shall be styled "in RE: FORFEITURE OF _______" (followed by the name or description of the vehicle). The complaint shall contain a brief jurisdictional statement, a description of the subject matter of the proceeding, and a statement of the facts sufficient to state a cause of action that would support a final judgment of forfeiture. The complaint must be accompanied by a verified supporting affidavit.

(ii)

If no person entitled to notice requests an adversarial preliminary hearing, as provided in Section 31-94(G)(3), the court, upon receipt of the complaint, shall review the complaint and the verified supporting affidavit to determine whether there was probable cause for the seizure. Upon a finding of probable cause the court shall enter an order showing the probable cause finding.

(iii)

The court shall require any claimant of a vehicle who desires to contest the forfeiture to file and serve upon the attorney representing Miami-Dade County any responsive pleadings and affirmative defenses within twenty (20) days after receipt of the complaint and probable cause finding.

(f)

(i)
Miami-Dade County shall serve notice of the forfeiture complaint by certified mail, return receipt requested, to each person having a security interest in the vehicle. Miami-Dade County shall also publish notice of the forfeiture complaint twice each week for two (2) consecutive weeks in a newspaper of general circulation in Miami-Dade County.

(ii)

The notice shall, in addition to stating that which is required by Section 31-94(G)(3) describe the property; state the county, place, and date of seizure; state the governmental entity holding the seized property; and state the name of the court in which the complaint will be filed.

(iii)

Miami-Dade County shall be obligated to make a diligent search and inquiry as to the owner of the vehicle, and if, after such diligent search and inquiry, Miami-Dade County is unable to ascertain any person entitled to notice, the actual notice requirements by mail shall not be applicable.

(g)

When the claimant of the vehicle and Miami-Dade County agree to settle the forfeiture action prior to the conclusion of the forfeiture proceeding, the settlement agreement shall be reviewed, unless such review is waived by the claimant of the vehicle in writing, by the court or a mediator or arbitrator agreed upon by the claimant and Miami-Dade County.

(h)

Upon clear and convincing evidence that the seized vehicle was used to commit a third subsequent violation of Section 31-82(a) of the Code on at least three (3) separate occasions within a thirty-six-month period, where all of such violations were committed on or after the effective date of this section, the court shall order the seized property forfeited to Miami-Dade County. As used in this subsection, a "violation" occurs when a person or entity pleads guilty or nolo contendere or is convicted or found guilty of violating Section 31-82(a) of the Code using the vehicle subject to forfeiture. The final order of forfeiture by the court shall perfect in Miami-Dade County right, title and interest in and to such property, subject only to the rights and interests of bona fide lienholders, and shall relate back to the date of seizure.

(i)

(i)
The seized property shall be released immediately to the person entitled to possession of the property as determined by the court when the claimant prevails at the conclusion of the forfeiture proceeding, and Miami-Dade County decides not to appeal.

(ii)

When the claimant of the vehicle prevails at the conclusion of the forfeiture proceeding, any decision to appeal must be made by the RER Director. If the claimant prevails on appeal, Miami-Dade County shall immediately release the seized property to the person entitled to possession of the property as determined by the court.

(j)

Disposition of forfeited property where no lien. When Miami-Dade County obtains a final judgment granting forfeiture of a vehicle, it may elect to:

(i)

Retain the property for the County's use;

(ii)

Sell the property at public auction or by sealed bid to the highest bidder; or

(iii)

Salvage, trade, or transfer the vehicle to any public or nonprofit organization.

(k)

Disposition of forfeited property where lien. If the forfeited vehicle is subject to a lien preserved by the court as provided in Section 31-94(G)(6)(b), Miami-Dade County shall:

(i)

Sell the property with the proceeds being used towards satisfaction of any liens; or

(ii)

Have the lien satisfied prior to taking any action authorized by Section 31-94(G)(7)(j).

(l)

Priority of disbursement. The proceeds from the sale of a forfeited vehicle shall be disbursed in the following priority:

(i)

Payment of the balance due on any lien preserved by the court in the forfeiture proceedings.

(ii)

Payment of the cost incurred by Miami-Dade County in connection with the storage, maintenance, security, and forfeiture of such property.

(iii)

Payment of court costs incurred in the forfeiture proceeding.

(iv)

The remaining proceeds shall be deposited in an Enforcement Trust Fund hereby established by the Board of County Commissioners. Such proceeds and interest earned therefrom shall be used for enforcement of the provisions of Chapter 31 of the Code.

(H)

Abandoned vehicles.

(1)

If an owner does not assert an interest in a seized vehicle by removing it from storage within the time periods specified in paragraph (2) of this subsection (H), the vehicle shall be deemed abandoned. A declaration of such abandonment may be made by a circuit court judge after a duly noticed hearing, without further hearing.

(2)

A vehicle shall be deemed abandoned, pursuant to paragraph (1) herein, if an owner:

(a)

Has not removed the vehicle from storage within ten (10) days of obtaining an order of release pursuant to Section 31-94(C), (e) or (G)(7)(i) herein; or

(b)

Has not paid the fines, if any, and towing and storage fees within ten (10) days of a hearing determination of violation pursuant to Section 31-94(E)(2) herein, or within ten (10) days after notice of a default determination of violation was mailed to the owner pursuant to Section 31-94(E)(5) herein; or

(c)

Has not paid the fines, if any, and towing and storage fees within ten (10) days of denial of a motion to vacate a default determination pursuant to Section 31-94(E)(5); or

(d)

Has not paid the fines, if any, and towing and storage fees within ten (10) days after a notice was mailed by the RER to the owner that the County will not pursue the remedy of forfeiture pursuant to Section 31-94 herein.

(3)

In the event that a vehicle has been deemed abandoned pursuant to paragraphs (1) and (2) of this subsection (H), the RER shall mail to the owner a notice that the vehicle has been recovered by RER as an abandoned vehicle and that, if unclaimed, its ownership shall vest in Miami-Dade County and it will be sold at public auction or by bid after ten (10) days from the date such notice was mailed. Such notice shall also be mailed to any lienholder or mortgagee shown in the records of the jurisdiction which issued the number of license plates on the vehicle.

(4)

An owner, lienholder or mortgagee may claim the vehicle within ten (10) days from the date that the notice described in paragraph (3) of this subsection (H) was mailed, by paying the towing and storage fees due and any fine(s).

(5)

In the event that an abandoned vehicle is not claimed within ten (10) days after the notice described in paragraph (3) of this subsection (H) was mailed, ownership of the abandoned vehicle shall vest in RER after a duly noticed hearing and declaration of abandonment by a circuit court judge. The RER may sell an abandoned vehicle at public auction or by bid. Proceeds shall be paid into the Enforcement Trust Fund.

(Ord. No. 98-3, § 1, 1-13-98; Ord. No. 98-105, § 2, 7-9-98; Ord. No. 16-43, § 1, 5-3-16)