Bill Amendment: FL S1514 | 2015 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Offenses Concerning Racketeering and Illegal Debts

Status: 2015-05-01 - Died in Appropriations Subcommittee on Criminal and Civil Justice, companion bill(s) passed, see HB 7061 (Ch. 2015-99) [S1514 Detail]

Download: Florida-2015-S1514-Senate_Committee_Amendment_942788_to_Amendment_120332_.html
       Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1514
       
       
       
       
       
       
                                Ì942788`Î942788                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/23/2015           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment to Amendment (120332) (with title
    2  amendment)
    3  
    4         Delete lines 453 - 592
    5  and insert:
    6         Section 5. Section 932.7055, Florida Statutes, is amended
    7  to read:
    8         932.7055 Disposition of liens and forfeited property.—
    9         (1) When a seizing agency obtains a final judgment granting
   10  forfeiture of real property or personal property, it may elect
   11  to:
   12         (a) Retain the property for the agency’s use;
   13         (a)(b) Sell the property at public auction or by sealed bid
   14  to the highest bidder, except for real property, which must
   15  should be sold in a commercially reasonable manner after
   16  appraisal by listing on the market; or
   17         (b)(c)Salvage, Trade, or transfer the property to a any
   18  public or nonprofit organization.
   19         (2) Notwithstanding subsection (1), a seizing agency must
   20  destroy any image and the medium on which the image is recorded,
   21  including, but not limited to, a photograph, video tape,
   22  diskette, compact disc, or fixed disk made in violation of s.
   23  810.145 when the image and the medium on which it is recorded is
   24  no longer needed for an official purpose. The agency may not
   25  sell or retain any image.
   26         (3) If the forfeited property is subject to a lien
   27  preserved by the court as provided in s. 932.703(6)(b), the
   28  agency shall:
   29         (a) Sell the property with the proceeds being used towards
   30  satisfaction of any liens; or
   31         (b) Have the lien satisfied prior to taking any action
   32  authorized by subsection (1).
   33         (4) The proceeds from the sale of forfeited property shall
   34  be disbursed in the following priority:
   35         (a) Payment of the balance due on any lien preserved by the
   36  court in the forfeiture proceedings.
   37         (b) Payment of the cost incurred by the seizing agency in
   38  connection with the storage, maintenance, security, and
   39  forfeiture of such property.
   40         (c) Payment of court costs incurred in the forfeiture
   41  proceeding.
   42         (d) Notwithstanding any other provision of this subsection,
   43  and for the 2014-2015 fiscal year only, the funds in a special
   44  law enforcement trust fund established by the governing body of
   45  a municipality may be expended to reimburse the general fund of
   46  the municipality for moneys advanced from the general fund to
   47  the special law enforcement trust fund before October 1, 2001.
   48  This paragraph expires July 1, 2015.
   49         (5)(a) If the seizing agency is a county or municipal
   50  agency, 50 percent of the remaining proceeds shall be deposited
   51  into in a special law enforcement trust fund established by the
   52  board of county commissioners or the governing body of the
   53  municipality. Such proceeds and interest earned therefrom shall
   54  be used for school resource officer, crime prevention, safe
   55  neighborhood, or drug abuse education and prevention programs.
   56  The remaining 50 percent of the proceeds shall be deposited into
   57  the Crimes Compensation Trust Fund, or for other law enforcement
   58  purposes, which include defraying the cost of protracted or
   59  complex investigations, providing additional equipment or
   60  expertise, purchasing automated external defibrillators for use
   61  in law enforcement vehicles, and providing matching funds to
   62  obtain federal grants. The proceeds and interest may not be used
   63  to meet normal operating expenses of the law enforcement agency.
   64         (b) These funds may be expended upon request by the sheriff
   65  to the board of county commissioners or by the chief of police
   66  to the governing body of the municipality, accompanied by a
   67  written certification that the request complies with the
   68  provisions of this subsection, and only upon appropriation to
   69  the sheriff’s office or police department by the board of county
   70  commissioners or the governing body of the municipality.
   71         (c) An agency or organization, other than the seizing
   72  agency, which that wishes to receive such funds shall apply to
   73  the sheriff or chief of police for an appropriation. The and its
   74  application shall be accompanied by a written certification that
   75  the moneys will be used for an authorized purpose. Such requests
   76  for expenditures shall include a statement describing
   77  anticipated recurring costs for the agency for subsequent fiscal
   78  years. An agency or organization that receives money pursuant to
   79  this subsection shall provide an accounting for such moneys and
   80  shall furnish the same reports as an agency of the county or
   81  municipality that receives public funds. Such funds may be
   82  expended in accordance with the following procedures:
   83         1. Such funds may be used only for school resource officer,
   84  crime prevention, safe neighborhood, drug abuse education, or
   85  drug prevention programs or such other law enforcement purposes
   86  as the board of county commissioners or governing body of the
   87  municipality deems appropriate.
   88         2. Such funds shall not be a source of revenue to meet
   89  normal operating needs of the law enforcement agency.
   90         (d)3.After July 1, 1992, and During each every fiscal year
   91  thereafter, any local law enforcement agency that acquires at
   92  least $15,000 pursuant to the Florida Contraband Forfeiture Act
   93  within a fiscal year must expend or donate 50 no less than 15
   94  percent of such proceeds in excess of $15,000 pursuant to the
   95  Florida Contraband Forfeiture Act for the support or operation
   96  of any drug treatment, drug abuse education, drug prevention,
   97  crime prevention, safe neighborhood, or school resource officer
   98  programs program(s). An agency or organization, other than the
   99  seizing agency, which wishes to receive such funds must apply to
  100  the seizing local law enforcement agency for an appropriation.
  101  Funding requests by such agencies or organizations must be
  102  accompanied by a written certification stating that the moneys
  103  will be used for an authorized purpose, detailing how the funds
  104  will be used, and affirming that the expenditure will be used
  105  for only the support of drug treatment, drug abuse education,
  106  drug prevention, crime prevention, safe neighborhood, or school
  107  resource officer programs. Such requests are public records as
  108  defined in chapter 119. The local law enforcement agency has the
  109  discretion to determine which programs program(s) will receive
  110  the designated proceeds.
  111         (e) Notwithstanding the drug abuse education, drug
  112  treatment, drug prevention, crime prevention, safe neighborhood,
  113  or school resource officer programs minimum expenditures or
  114  donations, the sheriff and the board of county commissioners or
  115  the chief of police and the governing body of the municipality
  116  may agree to expend or donate such funds over a period of years
  117  if the expenditure or donation of the such minimum amount in any
  118  given fiscal year would exceed the needs of the county or
  119  municipality for such programs program(s). Nothing in this
  120  section precludes the expenditure or donation of forfeiture
  121  proceeds in excess of the minimum amounts established herein.
  122         (6) If the seizing agency is a state agency, all remaining
  123  proceeds shall be deposited into the Crimes Compensation Trust
  124  Fund General Revenue Fund. However, if the seizing agency is:
  125         (a) The Department of Law Enforcement, the proceeds accrued
  126  pursuant to the provisions of the Florida Contraband Forfeiture
  127  Act shall be deposited into the Forfeiture and Investigative
  128  Support Trust Fund as provided in s. 943.362 or into the
  129  department’s Federal Law Enforcement Trust Fund as provided in
  130  s. 943.365, as applicable.
  131         (b) The Division of Alcoholic Beverages and Tobacco, the
  132  proceeds accrued pursuant to the Florida Contraband Forfeiture
  133  Act shall be deposited into the Alcoholic Beverage and Tobacco
  134  Trust Fund or into the department’s Federal Law Enforcement
  135  Trust Fund as provided in s. 561.027, as applicable.
  136         (c) The Department of Highway Safety and Motor Vehicles,
  137  the proceeds accrued pursuant to the Florida Contraband
  138  Forfeiture Act shall be deposited into the Department of Highway
  139  Safety and Motor Vehicles Law Enforcement Trust Fund as provided
  140  in s. 932.705(1)(a) or into the department’s Federal Law
  141  Enforcement Trust Fund as provided in s. 932.705(1)(b), as
  142  applicable.
  143         (d) The Fish and Wildlife Conservation Commission, the
  144  proceeds accrued pursuant to the provisions of the Florida
  145  Contraband Forfeiture Act shall be deposited into the State Game
  146  Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or
  147  into the Marine Resources Conservation Trust Fund as provided in
  148  s. 379.337.
  149         (e) A state attorney’s office acting within its judicial
  150  circuit, the proceeds accrued pursuant to the provisions of the
  151  Florida Contraband Forfeiture Act shall be deposited into the
  152  State Attorney’s Forfeiture and Investigative Support Trust Fund
  153  to be used for the investigation of crime and prosecution of
  154  criminals within the judicial circuit.
  155         (f) A school board security agency employing law
  156  enforcement officers, the proceeds accrued pursuant to the
  157  provisions of the Florida Contraband Forfeiture Act shall be
  158  deposited into the School Board Law Enforcement Trust Fund.
  159         (g) One of the State University System police departments
  160  acting within the jurisdiction of its employing state
  161  university, the proceeds accrued pursuant to the provisions of
  162  the Florida Contraband Forfeiture Act shall be deposited into
  163  that state university’s special law enforcement trust fund.
  164         (h) The Department of Agriculture and Consumer Services,
  165  the proceeds accrued pursuant to the Florida Contraband
  166  Forfeiture Act shall be deposited into the General Inspection
  167  Trust Fund or into the department’s Federal Law Enforcement
  168  Trust Fund as provided in s. 570.205, as applicable.
  169         (i) The Department of Military Affairs, the proceeds
  170  accrued from federal forfeiture sharing pursuant to 21 U.S.C.
  171  ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C.
  172  s. 1616a shall be deposited into the Armory Board Trust Fund and
  173  used for purposes authorized by such federal provisions based on
  174  the department’s budgetary authority or into the department’s
  175  Federal Law Enforcement Trust Fund as provided in s. 250.175, as
  176  applicable.
  177         (j) The Medicaid Fraud Control Unit of the Department of
  178  Legal Affairs, the proceeds accrued pursuant to the provisions
  179  of the Florida Contraband Forfeiture Act shall be deposited into
  180  the Department of Legal Affairs Grants and Donations Trust Fund
  181  to be used for investigation and prosecution of Medicaid fraud,
  182  abuse, neglect, and other related cases by the Medicaid Fraud
  183  Control Unit.
  184         (k) The Division of State Fire Marshal in the Department of
  185  Financial Services, the proceeds accrued under the Florida
  186  Contraband Forfeiture Act shall be deposited into the Insurance
  187  Regulatory Trust Fund to be used for the purposes of arson
  188  suppression, arson investigation, and the funding of anti-arson
  189  rewards.
  190         (l) The Division of Insurance Fraud of the Department of
  191  Financial Services, the proceeds accrued pursuant to the
  192  provisions of the Florida Contraband Forfeiture Act shall be
  193  deposited into the Insurance Regulatory Trust Fund as provided
  194  in s. 626.9893 or into the Department of Financial Services’
  195  Federal Law Enforcement Trust Fund as provided in s. 17.43, as
  196  applicable.
  197         (7) If more than one law enforcement agency is acting
  198  substantially to effect the forfeiture, the court having
  199  jurisdiction over the forfeiture proceedings shall, upon motion,
  200  equitably distribute all proceeds and other property among the
  201  seizing agencies.
  202         (8) Upon the sale of any motor vehicle, vessel, aircraft,
  203  real property, or other property requiring a title, the
  204  appropriate agency shall issue a title certificate to the
  205  purchaser. Upon the request of any law enforcement agency which
  206  elects to retain titled property after forfeiture, the
  207  appropriate state agency shall issue a title certificate for
  208  such property to said law enforcement agency.
  209         (9) A Neither the law enforcement agency, or nor the entity
  210  having budgetary control over the law enforcement agency, may
  211  not shall anticipate future forfeitures or the proceeds from
  212  those forfeitures therefrom in the adoption and approval of the
  213  agency’s budget for the law enforcement agency.
  214         Section 6. Paragraph (a) of subsection (1) of section
  215  16.56, Florida Statutes, is amended to read:
  216         16.56 Office of Statewide Prosecution.—
  217         (1) There is created in the Department of Legal Affairs an
  218  Office of Statewide Prosecution. The office shall be a separate
  219  “budget entity” as that term is defined in chapter 216. The
  220  office may:
  221         (a) Investigate and prosecute the offenses of:
  222         1. Bribery, burglary, criminal usury, extortion, gambling,
  223  kidnapping, larceny, murder, prostitution, perjury, robbery,
  224  carjacking, and home-invasion robbery;
  225         2. Any crime involving narcotic or other dangerous drugs;
  226         3. Any violation of the provisions of the Florida RICO
  227  (Racketeer Influenced and Corrupt Organization) Act, including
  228  any offense listed in the definition of racketeering activity in
  229  s. 895.02(8)(a) s. 895.02(1)(a), providing such listed offense
  230  is investigated in connection with a violation of s. 895.03 and
  231  is charged in a separate count of an information or indictment
  232  containing a count charging a violation of s. 895.03, the
  233  prosecution of which listed offense may continue independently
  234  if the prosecution of the violation of s. 895.03 is terminated
  235  for any reason;
  236         4. Any violation of the provisions of the Florida Anti
  237  Fencing Act;
  238         5. Any violation of the provisions of the Florida Antitrust
  239  Act of 1980, as amended;
  240         6. Any crime involving, or resulting in, fraud or deceit
  241  upon any person;
  242         7. Any violation of s. 847.0135, relating to computer
  243  pornography and child exploitation prevention, or any offense
  244  related to a violation of s. 847.0135 or any violation of
  245  chapter 827 where the crime is facilitated by or connected to
  246  the use of the Internet or any device capable of electronic data
  247  storage or transmission;
  248         8. Any violation of the provisions of chapter 815;
  249         9. Any criminal violation of part I of chapter 499;
  250         10. Any violation of the provisions of the Florida Motor
  251  Fuel Tax Relief Act of 2004;
  252         11. Any criminal violation of s. 409.920 or s. 409.9201;
  253         12. Any crime involving voter registration, voting, or
  254  candidate or issue petition activities;
  255         13. Any criminal violation of the Florida Money Laundering
  256  Act;
  257         14. Any criminal violation of the Florida Securities and
  258  Investor Protection Act; or
  259         15. Any violation of the provisions of chapter 787, as well
  260  as any and all offenses related to a violation of the provisions
  261  of chapter 787;
  262  
  263  or any attempt, solicitation, or conspiracy to commit any of the
  264  crimes specifically enumerated above. The office shall have such
  265  power only when any such offense is occurring, or has occurred,
  266  in two or more judicial circuits as part of a related
  267  transaction, or when any such offense is connected with an
  268  organized criminal conspiracy affecting two or more judicial
  269  circuits. Informations or indictments charging such offenses
  270  shall contain general allegations stating the judicial circuits
  271  and counties in which crimes are alleged to have occurred or the
  272  judicial circuits and counties in which crimes affecting such
  273  circuits or counties are alleged to have been connected with an
  274  organized criminal conspiracy.
  275         Section 7. Subsection (3) of section 905.34, Florida
  276  Statutes, is amended to read:
  277         905.34 Powers and duties; law applicable.—The jurisdiction
  278  of a statewide grand jury impaneled under this chapter shall
  279  extend throughout the state. The subject matter jurisdiction of
  280  the statewide grand jury shall be limited to the offenses of:
  281         (3) Any violation of the provisions of the Florida RICO
  282  (Racketeer Influenced and Corrupt Organization) Act, including
  283  any offense listed in the definition of racketeering activity in
  284  s. 895.02(8)(a) s. 895.02(1)(a), providing such listed offense
  285  is investigated in connection with a violation of s. 895.03 and
  286  is charged in a separate count of an information or indictment
  287  containing a count charging a violation of s. 895.03, the
  288  prosecution of which listed offense may continue independently
  289  if the prosecution of the violation of s. 895.03 is terminated
  290  for any reason;
  291  
  292  or any attempt, solicitation, or conspiracy to commit any
  293  violation of the crimes specifically enumerated above, when any
  294  such offense is occurring, or has occurred, in two or more
  295  judicial circuits as part of a related transaction or when any
  296  such offense is connected with an organized criminal conspiracy
  297  affecting two or more judicial circuits. The statewide grand
  298  jury may return indictments and presentments irrespective of the
  299  county or judicial circuit where the offense is committed or
  300  triable. If an indictment is returned, it shall be certified and
  301  transferred for trial to the county where the offense was
  302  committed. The powers and duties of, and law applicable to,
  303  county grand juries shall apply to a statewide grand jury except
  304  when such powers, duties, and law are inconsistent with the
  305  provisions of ss. 905.31-905.40.
  306         Section 8. For the purpose of incorporating the amendment
  307  made by this act to section 895.05, Florida Statutes, in a
  308  reference thereto, subsection (4) and paragraph (a) of
  309  subsection (5) of section 16.53, Florida Statutes, are
  310  reenacted, and subsection (6) of that section is amended, to
  311  read:
  312         16.53 Legal Affairs Revolving Trust Fund.—
  313         (4) Subject to the provisions of s. 895.09, when the
  314  Attorney General files an action pursuant to s. 895.05, funds
  315  provided to the Department of Legal Affairs pursuant to s.
  316  895.09(2)(a) or, alternatively, attorneys’ fees and costs,
  317  whichever is greater, shall be deposited in the fund.
  318         (5)(a) In the case of a forfeiture action pursuant to s.
  319  895.05, the remainder of the moneys recovered shall be
  320  distributed as set forth in s. 895.09.
  321         (6) “Moneys recovered” means damages or penalties or any
  322  other monetary payment, including monetary proceeds from
  323  property forfeited to the state pursuant to s. 895.05 remaining
  324  after satisfaction of any valid claims made pursuant to s.
  325  895.09(1)(a)-(d) s. 895.09(1)(a)-(c), which damages, penalties,
  326  or other monetary payment is made by any defendant by reason of
  327  any decree or settlement in any Racketeer Influenced and Corrupt
  328  Organization Act or state or federal antitrust action prosecuted
  329  by the Attorney General, but excludes attorney attorneys’ fees
  330  and costs.
  331         Section 9. For the purpose of incorporating the amendment
  332  made by this act to section 895.05, Florida Statutes, in a
  333  reference thereto, subsection (1) of section 27.345, Florida
  334  Statutes, is reenacted to read:
  335         27.345 State Attorney RICO Trust Fund; authorized use of
  336  funds; reporting.—
  337         (1) Subject to the provisions of s. 895.09, when a state
  338  attorney files an action pursuant to s. 895.05, funds provided
  339  to the state attorney pursuant to s. 895.09(2)(a) or,
  340  alternatively, attorneys’ fees and costs, whichever is greater,
  341  shall be deposited in the State Attorney RICO Trust Fund.
  342         Section 10. For the purpose of incorporating the amendment
  343  made by this act to section 895.05, Florida Statutes, in a
  344  reference thereto, subsection (3) of section 92.142, Florida
  345  Statutes, is reenacted to read:
  346         92.142 Witnesses; pay.—
  347         (3) Any witness subpoenaed to testify on behalf of the
  348  state in any action brought pursuant to s. 895.05 or chapter 542
  349  who is required to travel outside his or her county of residence
  350  and more than 50 miles from his or her residence, or who is
  351  required to travel from out of state, shall be entitled to per
  352  diem and travel expenses at the same rate provided for state
  353  employees under s. 112.061 in lieu of any state witness fee.
  354         Section 11. For the purpose of incorporating the amendment
  355  made by this act to section 932.7055, Florida Statutes, in a
  356  reference thereto, paragraph (b) of subsection (5) of section
  357  381.0081, Florida Statutes, is reenacted to read:
  358         381.0081 Permit required to operate a migrant labor camp or
  359  residential migrant housing; penalties for unlawful
  360  establishment or operation; allocation of proceeds.—
  361         (5) SEIZURE.—
  362         (b) After satisfying any liens on the property, the
  363  remaining proceeds from the sale of the property seized under
  364  this section shall be allocated as follows if the department
  365  participated in the inspection or investigation leading to
  366  seizure and forfeiture under this section:
  367         1. One-third of the proceeds shall be allocated to the law
  368  enforcement agency involved in the seizure, to be used as
  369  provided in s. 932.7055.
  370         2. One-third of the proceeds shall be allocated to the
  371  department, to be used for purposes of enforcing the provisions
  372  of this section.
  373         3. One-third of the proceeds shall be deposited in the
  374  State Apartment Incentive Loan Fund, to be used for the purpose
  375  of providing funds to sponsors who provide housing for
  376  farmworkers.
  377         Section 12. For the purpose of incorporating the amendment
  378  made by this act to section 932.7055, Florida Statutes, in a
  379  reference thereto, paragraph (c) of subsection (2) of section
  380  895.09, Florida Statutes, is reenacted to read:
  381         895.09 Disposition of funds obtained through forfeiture
  382  proceedings.—
  383         (2)
  384         (c) Any funds distributed to an investigating law
  385  enforcement agency under paragraph (a) shall be deposited in the
  386  applicable law enforcement trust fund established for that
  387  agency pursuant to s. 932.7055 and expended for the purposes and
  388  in the manner authorized in that section. In addition, any funds
  389  distributed to an investigating law enforcement agency pursuant
  390  to this section may be used to pay the costs of investigations
  391  of violations of this chapter and the criminal prosecutions and
  392  civil actions related thereto, pursuant to s. 932.7055. Such
  393  costs may include all taxable costs; costs of protecting,
  394  maintaining, and forfeiting the property; employees’ base
  395  salaries and compensation for overtime; and such other costs
  396  directly attributable to the investigation, prosecution, or
  397  civil action.
  398         Section 13. For the purpose of incorporating the amendment
  399  made by this act to section 932.7055, Florida Statutes, in a
  400  reference thereto, paragraph (b) of subsection (6) of section
  401  932.703, Florida Statutes, is reenacted to read:
  402         932.703 Forfeiture of contraband article; exceptions.—
  403         (6)
  404         (b) A bona fide lienholder’s interest that has been
  405  perfected in the manner prescribed by law prior to the seizure
  406  may not be forfeited under the Florida Contraband Forfeiture Act
  407  unless the seizing agency establishes by a preponderance of the
  408  evidence that the lienholder had actual knowledge, at the time
  409  the lien was made, that the property was being employed or was
  410  likely to be employed in criminal activity. If a lienholder’s
  411  interest is not subject to forfeiture under the requirements of
  412  this section, such interest shall be preserved by the court by
  413  ordering the lienholder’s interest to be paid as provided in s.
  414  932.7055.
  415  ================= T I T L E  A M E N D M E N T ================
  416  And the title is amended as follows:
  417         Delete lines 599 - 648
  418  and insert:
  419         An act relating to forfeiture of property; reordering
  420         and amending s. 895.02, F.S.; specifying the earliest
  421         date that incidents constituting a pattern of
  422         racketeering activity may have occurred; conforming a
  423         cross-reference; amending s. 895.05, F.S.; authorizing
  424         an investigative agency to institute a civil
  425         proceeding for forfeiture in a circuit court in
  426         certain circumstances; adding diminution in value as a
  427         ground for an action under certain circumstances;
  428         removing certain grounds for an action; authorizing a
  429         court to order the forfeiture of other property of the
  430         defendant up to the value of the unavailable property
  431         in certain circumstances; authorizing the Department
  432         of Legal Affairs to bring an action for certain
  433         violations to obtain specified relief, fees, and costs
  434         for certain purposes; providing for civil penalties
  435         for natural persons and other persons who commit
  436         certain violations; providing for deposit of moneys
  437         received for certain violations; authorizing a party
  438         to a specific civil action to petition the court for
  439         entry of a consent decree or for approval of a
  440         settlement agreement; providing requirements for such
  441         decrees or agreements; amending s. 895.06, F.S.;
  442         deleting the definition of “investigative agency” for
  443         purposes of provisions relating to civil investigative
  444         subpoenas; providing that a subpoena must be
  445         confidential for a specified time; restricting to whom
  446         the subpoenaed person or entity may disclose the
  447         existence of the subpoena; requiring certain
  448         information to be included in the subpoena;
  449         authorizing the investigative agency to apply for an
  450         order extending the amount of time the subpoena
  451         remains confidential rather than having it extended by
  452         the court for a specified period; providing that the
  453         investigative agency has the authority to stipulate to
  454         protective orders with respect to documents and
  455         information submitted in response to a subpoena;
  456         amending s. 895.09, F.S.; providing for distribution
  457         of forfeiture proceeds to victims; conforming a cross
  458         reference; amending s. 932.7055, F.S.; deleting a
  459         provision authorizing a seizing agency to retain
  460         seized property for its use; deleting a provision
  461         authorizing a seizing agency to salvage seized
  462         property and give it to a public organization;
  463         deleting an obsolete provision; revising the
  464         distribution and the use of proceeds from the sales of
  465         forfeited property seized by a county or municipal
  466         agency; authorizing an agency or organization, other
  467         than a seizing agency, to apply for funds from
  468         specified proceeds; requiring that funding requests be
  469         made in writing and include a certification that the
  470         expenditure meets certain requirements; specifying
  471         that such requests are public records; deleting a
  472         provision relating to certain expenditure or donation
  473         of forfeiture proceeds; requiring certain proceeds to
  474         be deposited into the Crimes Compensation Trust Fund,
  475         rather than the General Revenue Fund; deleting
  476         provisions that exempt certain agencies of the state
  477         from depositing proceeds from seizures into the
  478         General Revenue Fund; making technical changes;
  479         amending ss. 16.56 and 905.34, F.S.; conforming cross
  480         references; reenacting and amending s. 16.53, F.S.,
  481         relating to the Legal Affairs Revolving Trust Fund, to
  482         incorporate the amendment made by the act to s.
  483         895.05, F.S., in references thereto; conforming a
  484         cross-reference; reenacting ss. 27.345(1) and
  485         92.142(3), F.S., relating to the State Attorney RICO
  486         Trust Fund and witness pay, respectively, to
  487         incorporate the amendment made by the act to s.
  488         895.05, F.S., in references thereto; reenacting ss.
  489         381.0081(5)(b), 895.09(2)(c), and 932.703(6)(b), F.S.,
  490         relating to the allocations of proceeds from the sales
  491         of property in a migrant labor camp or residential
  492         migrant housing, the disposition of funds obtained
  493         through forfeiture proceedings, and the forfeiture of
  494         contraband articles, respectively, to incorporate the
  495         amendment made to s. 932.7055, F.S., in references
  496         thereto; providing an

feedback