FORM 7.336. STATEMENT OF CLAIM FOR REPLEVIN (FOR
RETURN OF PERSONAL PROPERTY/WEAPON
FROM GOVERNMENT ENTITY)

(CAPTION)

STATEMENT OF CLAIMS FOR REPLEVIN

Plaintiff(s) sues Defendant(s) and alleges:

1. This is an action to recover possession of personal property.

2. The description of the property is




3. To Plaintiff’s best knowledge, information, and belief the value of
the property is $ and its location is


4. Plaintiff is the owner of the claimed property or is entitled to
possession of it by virtue of the following source of title, or right of possession:




(If interest is based on a written instrument a copy is attached.)
5. The property cannot be released by the defendant without a court
order, or the property is wrongfully detained by the defendant who obtained
possession by:


6. To Plaintiff’s best knowledge, information, and belief, defendant
detains property because:


7. The property has not been taken for any tax, assessment, or fine
pursuant to law, nor has it been taken under an execution or attachment
against plaintiff’s property, or if so taken, it is by law exempt from such taking
by the following reference to the exemption law relied upon:

8. Written demand for return of the property was provided to
Defendant and [if Defendant is not a municipality] also to the Department of
Financial Services at least 90 days prior to the filing of this Complaint. Section
768.28(6)(a), Florida Statutes. A copy of the demand is attached hereto.

9. The property is not contraband, was not the fruit of criminal
activity, and is not being held for some evidentiary purposes.

10. The property came into possession of Defendant on or about
…..(date)…..

11. Plaintiff has the legal right to possess the property and is not
subject to any legal prohibition against such possession.

Pursuant to section 92.525, Florida Statutes, under penalties of perjury,
I declare that I have read the foregoing Statement of Claim and the facts stated
in it are true.


Plaintiff

NOTE: This form is to be used by those seeking return of personal property
(including weapons) taken by a government entity for purposes other than for a
criminal investigation, as an incident to arrest, pursuant to a search warrant,
or any other seizure for which the Florida Statutes provide a specific procedure
for return. Rather, this form is for use by those who seek return of personal
property taken for other purposes, such as “safekeeping,” and for which the
Florida Statutes provide no procedures.