Section 1.00: General Questions

1.01

Can a deputy open my car if I have locked my key inside?

Because of the potential for damage to vehicles, the Sheriff's Office does not open locked vehicles. A locksmith is your best alternative. Check the listing under "locksmith" in the yellow pages of your local telephone book. If a child is locked inside the vehicle, call 9-1-1. The Fire Department will send a rescue unit to remove the child from the vehicle.

1.02

How can I get an Injunction for Protection?

An Injunction for Protection can be obtained by going to the third floor of the Osceola County Courthouse to the offices of Family Court Services and Victims Assistance. The contact numbers are (407) 343-3492 and (407) 343-2400 Monday-Friday, 8:00am-5:00pm. In the event of an emergency during after hours, contact Help Now at (407) 847-8562. Once granted, the Sheriff's Office will serve the Injunction at no charge.

1.03

How can I find out if there is a warrant for someone?

For a statewide search, log onto the Florida Department of Law Enforcement web site at www.fdle.state.fl.us.  However, before requesting a search, you will need the subject's first name, last name, middle initial, race, sex and date of birth.

1.04

What is the Writ of Execution and the Levy Process

Writ of Execution and the Levy Process

The Sheriff has no authority to demand payment on judgments or liens. He is required by law to levy upon and sell specifically described property to satisfy the execution issued.

How the levy process works:

When the Osceola County Sheriff’s Office has received all required paperwork and your deposit, a deputy will be sent to take possession of the listed property. Once the property has been secured, we will prepare a Notice of Sheriff’s Sale that will be advertised for 4 consecutive weeks in the Osceola Section of the Orlando Sentinel, a local newspaper.

Once the sale date arrives, a deputy will conduct the sale. The sale is a public auction to the highest bidder for cash in hand only. No checks, money orders, or credit cards are accepted as payment. Should the highest bidder not have the cash in hand, the second highest bidder wins the bid at their bid price. Please note that there is no minimum bid.

The plaintiff or their representative has the opportunity to employ a credit bid at the sale. This means that you can bid up to the amount of your judgment, all accrued interest and levy costs to date, and the $500.00 liquidation fee, without producing any money. If you are the highest bidder then the amount of your bid will be subtracted from the judgment. However, all costs will be deducted from your deposit. If you bid over the amount of the judgment then you will be responsible for producing the necessary amount in cash at the time of the sale. Should you fail to do so, then the second highest bidder will be offered the property at their bid price. All plaintiffs are advised to be present at the sale in order to protect their interest.

Should the property fail to sell, the property will be returned to the defendant at your cost.

Should the defendant wish to satisfy the judgment, they can contact this office to obtain a current payoff amount. This amount will include the judgment, all accrued interest to date, the $500.00 liquidation fee, and all costs incurred from your deposit. Full payoff by the defendant immediately cancels the sale and returns the property to the defendant. Please contact this office during normal business hours if the defendant desires to pay you directly, to determine the levy costs to date.

What we require:

The original writ of execution. This can be obtained from the same court that issued your judgment.

Instructions for levy. This document is required to direct the Sheriff, in writing, to levy upon specifically described property; provide defendant’’s residence address, place of employment, and attorney of record, if any. You may use our form, or your own, as long as it contains the exact same information.

Deposit. The Florida Supreme Court has ruled that the Sheriff shall require a deposit in advance to cover all costs in connection with the handling of an execution or he is personally liable for such costs if not paid. Current deposit amounts are as follows:

Automobile: $1,300.00

Boat: $1,300.00

Real Estate $400.00 Per Parcel

Levy deposits are subject to change without notice and the Sheriff reserves the right to request additional funds if needed.

For levy on other personal property, contact this office for cost deposits. The cost to levy upon personal property other than motor vehicles, boats, or real estate is quoted on a case by case basis. Deposits are based on costs required to conduct levies and are not negotiable. These deposit amounts are subject to change without notice, please contact this office for current deposit amounts.

56.27 Affidavit. We require an affidavit as defined in Florida Statute 56.27:

Real Property requires a Real Property Affidavit can be obtained from the Sheriff’s Office.

(4)  As per s. 56.21, On or before the date of the first publication or posting of the notice of sale, a copy of the notice of sale shall be furnished by certified mail to the attorney of record of the judgment debtor, or to the judgment debtor at the judgment debtor's last known address if the judgment debtor does not have an attorney of record. Such copy of the notice of sale shall be mailed even though a default judgment was entered. When levying upon personal property, a notice of such levy and execution sale and a copy of the affidavit required by s. 56.27(4) shall be sent by the sheriff to the attorneys of record of all judgment creditors, or to all judgment creditors who do not have an attorney of record, who have acquired a judgment lien as provided in s. 55.202 or s. 55.204(3), and whose liens have not lapsed at the time of levy, at the address listed in the judgment lien certificate, or, if amended, in any amendment to the judgment lien certificate, and to all secured creditors who have filed financing statements as provided in part V of chapter 679 in the name of the judgment debtor reflecting a security interest in property of the kind to be sold at the execution sale at the address listed in the financing statement, or, if amended, in any amendment to the financing statement. Such notice shall be made in the same manner as notice is made to any judgment debtor under this section. When levying upon real property, notice of such levy and execution sale shall be made to the property owner of record in the same manner as notice is made to any judgment debtor pursuant to this section. When selling real or personal property, the sale date shall not be earlier than 30 days after the date of the first advertisement.

(a) An attestation that the levying creditor has reviewed the database or judgment lien records established in accordance with ss. 55.201 55.209 and that the information contained in the affidavit based on that review is true and correct;

(b) The information required under s. 55.203(1) and (2) for each judgment lien certificate indexed under the name of the judgment debtor as to each judgment creditor; the file number assigned to the record of the original and, if any, the second judgment lien; and the date of filing for each judgment lien certificate under s. 55.202 or s. 55.204(3); and

(c) A statement that the levying creditor either does not have any other levy in process or, if another levy is in process, the levying creditor believes in good faith that the total value of the property under execution does not exceed the amount of outstanding judgments.

This is a free-form affidavit. In order to avoid undue delays in the execution and levy process, we require this affidavit be filed in our office prior to levy.

Proof of ownership. For motor vehicles, we require a printout from the Department of Highway Safety and Motor Vehicles. For a boat or other watercraft, we require a printout from the Department of Natural Resources. For real estate, we require a copy of the Deed.

A printout from any other source (i.e. internet searches) is not considered legal proof and will not be accepted.

General Information: Please note that you are directly responsible for all costs incurred in the levy process. Should the property sell for a sufficient amount, your entire deposit will be returned to you. However, should the property not sell for an amount sufficient to cover all costs and Sheriff’’s fees, the remainder will be deducted from your deposit.

The levy process is not guaranteed to be successful. Once again, the plaintiff or their representative is strongly encouraged to be present at the sale in order to protect their interest.

Prior to the first date of publication, the plaintiff is required to send, via certified mail to the defendant, a copy of the Notice of Sheriff’s Sale, Notice of Sheriff’s Levy, and the aforementioned affidavit pursuant to F.S. 56.27. These will be provided to you by this office.

For property subject to Levy, please refer to Florida State Statute 56.

Motor vehicles, other personal property and real property, if levied upon, sold subject to all existing liens, taxes, judgements, and encumbrances. Potential buyers will be notified of this prior to sale.

The bidding is open to the general public (including the defendant).

The Osceola County Sheriff’s Office does not put levies on hold, unless some clarification is needed from the court in order to proceed. If you request that we stop a levy and cancel the sale, all paperwork and the remainder of the deposit will returned to you.

You may contact the Civil Unit directly at (407)343-6500 between 8:00 am and 5:00 pm, Monday –– Friday.

1.05

How can I obtain a background check on someone?

Local background checks on individuals involved in criminal activity that has occurred in Osceola County only, can be obtained by either coming to the Sheriff's Office Records Section at the 2601 East Irlo Bronson Memorial Highway complex and paying a $2.00 fee for each name or by mailing the request with the $2.00 fee for each name and a self addressed stamped envelope. The mailing address for the Sheriff's Office is: Osceola County Sheriff's Office, Records Section, 2601 East Irlo Bronson Memorial Highway, Kissimmee, Florida 34744. Complete criminal histories can be obtained by contacting the Florida Department of Law Enforcement at (850) 410-8109 or by logging onto their web site at www.fdle.state.fl.us. However, before requesting a search, you will need the subject's first name, last name, middle initial, race, sex, date of birth and possibly a social security number.

1.06

How can I evict someone from my property?

It is always best to contact an attorney prior to initiating an eviction. However, the Osceola County Clerk of the Courts office offers an eviction package at a cost of $2.00 per package. You may contact the Clerk of the Courts office at (407) 343-3500.

1.07

How can I find out the status of my case?

Cases are assigned for active criminal investigation based on a wide variety of determining factors. However, you can find out the status of your case by calling the Criminal Investigations Division at (407) 348-1150.

1.08

What type of crime prevention programs does the Sheriff's Office offer?

The Osceola County Sheriff's Office Crime Prevention Unit offers a wide variety of crime prevention programs on such topics as personal safety, homeland security, confidential residential and commercial security surveys, Neighborhood Watch and identity theft among many other topics. Sheriff's Office personnel are also available to speak on a wide array of criminal justice subjects. If you are interested in finding out more about the programs offered by the Sheriff's Office, telephone the Crime Prevention Unit at (407) 348-1190.

1.09

What do I do if I have information regarding terrorist activity?

Like all other law enforcement agencies throughout the nation, the Osceola County Sheriff's Office takes homeland security very seriously. Major advancements in the war on terrorism have been accomplished as a result of piecing together thousands of bits of information received by various agencies and from citizens all over the world. If you believe you have some information that may be of assistance in the fight against terrorism, contact the Sheriff's Office at (407) 348-2222. For more information, click on homeland security located in the Community Services Section of this web site.

1.10

How do I find an Inmate in the Osceola County Jail?

Osceola County Jail is part of the Osceola County Corrections Department.  They maintain a separate website as well as a listing of all County Inmates.  Click Here to search the Online Inmate Database.  

If you prefer to contact the jail directly, call 407-348-1180.

1.11

Where can I get fingerprinted?

Public fingerprinting is conducted at the main Sheriff's Office complex located at 2601 East Irlo Bronson Memorial Highway, Kissimmee, Florida on Tuesday & Thursday 9:00am-11:00am and 2:00pm-4:00pm. Fingerprinting services are also offered at the Sheriff's Office Poinciana sub-station located at 4547 Pleasant Hill Road, Monday-Friday 9:00am-11:00am and 2:00pm-4:00pm. The cost for the services is $5.00 for Osceola County residents and $25.00 for non-residents.

1.12

What is the cost of the type of civil process I am requesting?

Click on the menu item labeled FEES for a complete listing of fees for services offered by the Sheriff's Office.

1.13

How can I obtain a copy of an arrest report or incident report?

Copies of arrest and incident reports, that are subject to public record, can be obtained by either coming to the Osceola County Sheriff's Office Records Section located at 2601 East Irlo Bronson Memorial Highway, Kissimmee, Florida 34744 or by mailing in a request with a self addressed stamped envelope. The cost for duplications are $1.00 per certified page or 15 cents for a non-certified page. Victims are not charged for the cost of copying an initial report. Faxed requests for copies of a report are not accepted. It is not necessary but very helpful, if you can provide the incident case number that was provided to you by the responding deputy.

1.14

I want to start a Neighborhood Watch in my neighborhood...What can I do to start it?

The first step towards creating this program is to contact your neighbors and get them interested in attending a one (1) hour meeting.  You can hold the meeting in someone's home, a library or Community Service Center in your District.  Once you have selected the location, a time and date, contact the Osceola County Sheriff's Crime Prevention Unit at 407-348-1190 and ask a Crime Prevention Officer to attend and explain the program and distribute handout material pertaining to Crime Prevention.

At this meeting, a person to chair the Community Watch can be selected and that person would then locate volunteer Block Captains to assist with distributing material.  A map of the community would be beneficial when selecting Captains as one Captain should have about 10-12 residents in their block. 

For further information contact the Community Services Section at 407-348-1190.

Section 2.00: Reporting a Crime or Problem

2.01

Can I make a report over the telephone?

It is preferred that a Deputy Sheriff respond to all individuals located within the unincorporated areas of Osceola County who are requesting to report a criminal incident. However, visitors who have discovered an incident after leaving the area may contact the Sheriff's Office at (407) 348-1199 Monday-Friday, 8:00am-5:00pm. Sheriff's Office personnnel will evaluate your information and, if specific criteria is met, will allow you to fax a written summary of the incident. The Sheriff's Office will then use the faxed information to generate an official report.

2.02

Do I have to give my name when I make a report about a crime?

No. However, the information can be very useful if a follow-up investigation becomes necessary.

2.03

How can I file a complaint against an Osceola County Sheriff's Office employee?

You can telephone the Sheriff's Office non-emergency number at (407) 348-2222 and ask for the Chief Operator on duty. If the supervisor is in the office then you will speak directly to the supervisor in charge, however, if the supervisor is out on the road working, a message will be taken and the supervisor will be notified of the message.  You will then receive a call back from the supervisor when they return to the office.   

If you do not know the employee's name, the Chief Operator may be able to determine the employee's name based on a basic description and the time and location the employee was working during the alleged incident. Whether the complaint is anonymous or not, all complaints are followed up by appropriate Sheriff's Office personnel.

2.04

How can I report a crime tip?

The Sheriff's Office receives crime tips on various criminal activities on a routine basis. Simply telephone the non-emergency number at (407) 348-2222. If you would like to leave an anonymous tip on drug activities simply leave a message on the SNAG Unit Drug Tip Hotline by calling (407) 348-1174. However, if you are pursuing a reward for the tip, telephone Crime Line at 1-800-423-TIPS (8477).

2.05

I am getting harassing type phone calls. What can I do to get it stopped?

First, report the calls to your telephone company and ask if they can investigate and trace the calls. If you know who the caller is and wish to prosecute, telephone the Sheriff's Office non-emergency number at (407) 348-2222.

2.06

What can I do about speeders in my neighborhood?

The Sheriff's Office is very interested in any traffic enforcement problems that you may be experiencing. Suggestions for enhanced enforcement in specific areas are prioritized based on a number of factors. Telephone the Osceola County Sheriff's Office Special Operations Section at (407) 348-1173 to make us aware of any suggestions or concerns you may have pertaining to traffic enforcement.

2.07

Why do 9-1-1 operators ask so many questions?

The dispatcher you speak with on the telephone has been trained to obtain as much information as possible concerning the incident you are reporting. In many cases, the smallest bits of information can become critical in regards to officer safety and suspect apprehension. No call is perceived as being routine, thereby reducing the likelyhood of injury or harm to the responding deputy.