Bill Text: FL S1534 | 2015 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Contraband Forfeiture

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1534 Detail]

Download: Florida-2015-S1534-Introduced.html

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       Florida Senate - 2015                                    SB 1534
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-00308D-15                                          20151534__
    1                        A bill to be entitled                      
    2         An act relating to the disposition of liens and
    3         forfeited property; amending s. 932.7055, F.S.;
    4         deleting a provision authorizing a seizing agency to
    5         retain seized property for its use; deleting an
    6         obsolete provision; revising the distribution and the
    7         use of proceeds from the sales of forfeited property
    8         seized by a county or municipal agency; authorizing an
    9         agency or organization, other than a seizing agency,
   10         to apply for funds from specified proceeds; requiring
   11         that funding requests be made in writing and include a
   12         certification that the expenditure meets certain
   13         requirements; specifying that such requests are public
   14         records; deleting a provision relating to certain
   15         expenditure or donation of forfeiture proceeds;
   16         requiring certain proceeds to be deposited into the
   17         Crimes Compensation Trust Fund, rather than the
   18         General Revenue Fund; deleting provisions that exempt
   19         certain agencies of the state from depositing proceeds
   20         from seizures into the General Revenue Fund; making
   21         technical changes; reenacting ss. 381.0081(5)(b),
   22         895.09(2)(c), and 932.703(6)(b), F.S., relating to the
   23         allocations of proceeds from the sales of property in
   24         a migrant labor camp or residential migrant housing,
   25         the disposition of funds obtained through forfeiture
   26         proceedings, and the forfeiture of contraband
   27         articles, respectively, to incorporate the amendment
   28         made to s. 932.7055, F.S., in references thereto;
   29         providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 932.7055, Florida Statutes, is amended
   34  to read:
   35         932.7055 Disposition of liens and forfeited property.—
   36         (1) When a seizing agency obtains a final judgment granting
   37  forfeiture of real property or personal property, it may elect
   38  to:
   39         (a) Retain the property for the agency’s use;
   40         (a)(b) Sell the property at public auction or by sealed bid
   41  to the highest bidder, except for real property, which must
   42  should be sold in a commercially reasonable manner after
   43  appraisal by listing on the market; or
   44         (b)(c) Salvage, trade, or transfer the property to any
   45  public or nonprofit organization.
   46         (2) Notwithstanding subsection (1), a seizing agency must
   47  destroy any image and the medium on which the image is recorded,
   48  including, but not limited to, a photograph, video tape,
   49  diskette, compact disc, or fixed disk made in violation of s.
   50  810.145 when the image and the medium on which it is recorded is
   51  no longer needed for an official purpose. The agency may not
   52  sell or retain any image.
   53         (3) If the forfeited property is subject to a lien
   54  preserved by the court as provided in s. 932.703(6)(b), the
   55  agency shall:
   56         (a) Sell the property with the proceeds being used towards
   57  satisfaction of any liens; or
   58         (b) Have the lien satisfied prior to taking any action
   59  authorized by subsection (1).
   60         (4) The proceeds from the sale of forfeited property shall
   61  be disbursed in the following priority:
   62         (a) Payment of the balance due on any lien preserved by the
   63  court in the forfeiture proceedings.
   64         (b) Payment of the cost incurred by the seizing agency in
   65  connection with the storage, maintenance, security, and
   66  forfeiture of such property.
   67         (c) Payment of court costs incurred in the forfeiture
   68  proceeding.
   69         (d) Notwithstanding any other provision of this subsection,
   70  and for the 2014-2015 fiscal year only, the funds in a special
   71  law enforcement trust fund established by the governing body of
   72  a municipality may be expended to reimburse the general fund of
   73  the municipality for moneys advanced from the general fund to
   74  the special law enforcement trust fund before October 1, 2001.
   75  This paragraph expires July 1, 2015.
   76         (5)(a) If the seizing agency is a county or municipal
   77  agency, 50 percent of the remaining proceeds shall be deposited
   78  into in a special law enforcement trust fund established by the
   79  board of county commissioners or the governing body of the
   80  municipality. Such proceeds and interest earned therefrom shall
   81  be used for school resource officer, crime prevention, safe
   82  neighborhood, or drug abuse education and prevention programs.
   83  The remaining 50 percent of the proceeds shall be deposited into
   84  the Crimes Compensation Trust Fund, or for other law enforcement
   85  purposes, which include defraying the cost of protracted or
   86  complex investigations, providing additional equipment or
   87  expertise, purchasing automated external defibrillators for use
   88  in law enforcement vehicles, and providing matching funds to
   89  obtain federal grants. The proceeds and interest may not be used
   90  to meet normal operating expenses of the law enforcement agency.
   91         (b) These funds may be expended upon request by the sheriff
   92  to the board of county commissioners or by the chief of police
   93  to the governing body of the municipality, accompanied by a
   94  written certification that the request complies with the
   95  provisions of this subsection, and only upon appropriation to
   96  the sheriff’s office or police department by the board of county
   97  commissioners or the governing body of the municipality.
   98         (c) An agency or organization, other than the seizing
   99  agency, which that wishes to receive such funds shall apply to
  100  the sheriff or chief of police for an appropriation. The and its
  101  application shall be accompanied by a written certification that
  102  the moneys will be used for an authorized purpose. Such requests
  103  for expenditures shall include a statement describing
  104  anticipated recurring costs for the agency for subsequent fiscal
  105  years. An agency or organization that receives money pursuant to
  106  this subsection shall provide an accounting for such moneys and
  107  shall furnish the same reports as an agency of the county or
  108  municipality that receives public funds. Such funds may be
  109  expended in accordance with the following procedures:
  110         1. Such funds may be used only for school resource officer,
  111  crime prevention, safe neighborhood, drug abuse education, or
  112  drug prevention programs or such other law enforcement purposes
  113  as the board of county commissioners or governing body of the
  114  municipality deems appropriate.
  115         2. Such funds shall not be a source of revenue to meet
  116  normal operating needs of the law enforcement agency.
  117         (d)3. After July 1, 1992, and During each every fiscal year
  118  thereafter, any local law enforcement agency that acquires at
  119  least $15,000 pursuant to the Florida Contraband Forfeiture Act
  120  within a fiscal year must expend or donate 50 no less than 15
  121  percent of such proceeds in excess of $15,000 pursuant to the
  122  Florida Contraband Forfeiture Act for the support or operation
  123  of any drug treatment, drug abuse education, drug prevention,
  124  crime prevention, safe neighborhood, or school resource officer
  125  programs program(s). An agency or organization, other than the
  126  seizing agency, which wishes to receive such funds must apply to
  127  the seizing local law enforcement agency for an appropriation.
  128  Funding requests by such agencies or organizations must be
  129  accompanied by a written certification stating that the moneys
  130  will be used for an authorized purpose, detailing how the funds
  131  will be used, and affirming that the expenditure will be used
  132  for only the support of drug treatment, drug abuse education,
  133  drug prevention, crime prevention, safe neighborhood, or school
  134  resource officer programs. Such requests are public records as
  135  defined in chapter 119. The local law enforcement agency has the
  136  discretion to determine which programs program(s) will receive
  137  the designated proceeds.
  138         (e) Notwithstanding the drug abuse education, drug
  139  treatment, drug prevention, crime prevention, safe neighborhood,
  140  or school resource officer programs minimum expenditures or
  141  donations, the sheriff and the board of county commissioners or
  142  the chief of police and the governing body of the municipality
  143  may agree to expend or donate such funds over a period of years
  144  if the expenditure or donation of the such minimum amount in any
  145  given fiscal year would exceed the needs of the county or
  146  municipality for such programs program(s). Nothing in this
  147  section precludes the expenditure or donation of forfeiture
  148  proceeds in excess of the minimum amounts established herein.
  149         (6) If the seizing agency is a state agency, all remaining
  150  proceeds shall be deposited into the Crimes Compensation Trust
  151  Fund General Revenue Fund. However, if the seizing agency is:
  152         (a) The Department of Law Enforcement, the proceeds accrued
  153  pursuant to the provisions of the Florida Contraband Forfeiture
  154  Act shall be deposited into the Forfeiture and Investigative
  155  Support Trust Fund as provided in s. 943.362 or into the
  156  department’s Federal Law Enforcement Trust Fund as provided in
  157  s. 943.365, as applicable.
  158         (b) The Division of Alcoholic Beverages and Tobacco, the
  159  proceeds accrued pursuant to the Florida Contraband Forfeiture
  160  Act shall be deposited into the Alcoholic Beverage and Tobacco
  161  Trust Fund or into the department’s Federal Law Enforcement
  162  Trust Fund as provided in s. 561.027, as applicable.
  163         (c) The Department of Highway Safety and Motor Vehicles,
  164  the proceeds accrued pursuant to the Florida Contraband
  165  Forfeiture Act shall be deposited into the Department of Highway
  166  Safety and Motor Vehicles Law Enforcement Trust Fund as provided
  167  in s. 932.705(1)(a) or into the department’s Federal Law
  168  Enforcement Trust Fund as provided in s. 932.705(1)(b), as
  169  applicable.
  170         (d) The Fish and Wildlife Conservation Commission, the
  171  proceeds accrued pursuant to the provisions of the Florida
  172  Contraband Forfeiture Act shall be deposited into the State Game
  173  Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or
  174  into the Marine Resources Conservation Trust Fund as provided in
  175  s. 379.337.
  176         (e) A state attorney’s office acting within its judicial
  177  circuit, the proceeds accrued pursuant to the provisions of the
  178  Florida Contraband Forfeiture Act shall be deposited into the
  179  State Attorney’s Forfeiture and Investigative Support Trust Fund
  180  to be used for the investigation of crime and prosecution of
  181  criminals within the judicial circuit.
  182         (f) A school board security agency employing law
  183  enforcement officers, the proceeds accrued pursuant to the
  184  provisions of the Florida Contraband Forfeiture Act shall be
  185  deposited into the School Board Law Enforcement Trust Fund.
  186         (g) One of the State University System police departments
  187  acting within the jurisdiction of its employing state
  188  university, the proceeds accrued pursuant to the provisions of
  189  the Florida Contraband Forfeiture Act shall be deposited into
  190  that state university’s special law enforcement trust fund.
  191         (h) The Department of Agriculture and Consumer Services,
  192  the proceeds accrued pursuant to the Florida Contraband
  193  Forfeiture Act shall be deposited into the General Inspection
  194  Trust Fund or into the department’s Federal Law Enforcement
  195  Trust Fund as provided in s. 570.205, as applicable.
  196         (i) The Department of Military Affairs, the proceeds
  197  accrued from federal forfeiture sharing pursuant to 21 U.S.C.
  198  ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C.
  199  s. 1616a shall be deposited into the Armory Board Trust Fund and
  200  used for purposes authorized by such federal provisions based on
  201  the department’s budgetary authority or into the department’s
  202  Federal Law Enforcement Trust Fund as provided in s. 250.175, as
  203  applicable.
  204         (j) The Medicaid Fraud Control Unit of the Department of
  205  Legal Affairs, the proceeds accrued pursuant to the provisions
  206  of the Florida Contraband Forfeiture Act shall be deposited into
  207  the Department of Legal Affairs Grants and Donations Trust Fund
  208  to be used for investigation and prosecution of Medicaid fraud,
  209  abuse, neglect, and other related cases by the Medicaid Fraud
  210  Control Unit.
  211         (k) The Division of State Fire Marshal in the Department of
  212  Financial Services, the proceeds accrued under the Florida
  213  Contraband Forfeiture Act shall be deposited into the Insurance
  214  Regulatory Trust Fund to be used for the purposes of arson
  215  suppression, arson investigation, and the funding of anti-arson
  216  rewards.
  217         (l) The Division of Insurance Fraud of the Department of
  218  Financial Services, the proceeds accrued pursuant to the
  219  provisions of the Florida Contraband Forfeiture Act shall be
  220  deposited into the Insurance Regulatory Trust Fund as provided
  221  in s. 626.9893 or into the Department of Financial Services’
  222  Federal Law Enforcement Trust Fund as provided in s. 17.43, as
  223  applicable.
  224         (7) If more than one law enforcement agency is acting
  225  substantially to effect the forfeiture, the court having
  226  jurisdiction over the forfeiture proceedings shall, upon motion,
  227  equitably distribute all proceeds and other property among the
  228  seizing agencies.
  229         (8) Upon the sale of any motor vehicle, vessel, aircraft,
  230  real property, or other property requiring a title, the
  231  appropriate agency shall issue a title certificate to the
  232  purchaser. Upon the request of any law enforcement agency which
  233  elects to retain titled property after forfeiture, the
  234  appropriate state agency shall issue a title certificate for
  235  such property to said law enforcement agency.
  236         (9) A Neither the law enforcement agency, or nor the entity
  237  having budgetary control over the law enforcement agency, may
  238  not shall anticipate future forfeitures or the proceeds from
  239  those forfeitures therefrom in the adoption and approval of the
  240  agency’s budget for the law enforcement agency.
  241         Section 2. For the purpose of incorporating the amendment
  242  made by this act to section 932.7055, Florida Statutes, in a
  243  reference thereto, paragraph (b) of subsection (5) of section
  244  381.0081, Florida Statutes, is reenacted to read:
  245         381.0081 Permit required to operate a migrant labor camp or
  246  residential migrant housing; penalties for unlawful
  247  establishment or operation; allocation of proceeds.—
  248         (5) SEIZURE.—
  249         (b) After satisfying any liens on the property, the
  250  remaining proceeds from the sale of the property seized under
  251  this section shall be allocated as follows if the department
  252  participated in the inspection or investigation leading to
  253  seizure and forfeiture under this section:
  254         1. One-third of the proceeds shall be allocated to the law
  255  enforcement agency involved in the seizure, to be used as
  256  provided in s. 932.7055.
  257         2. One-third of the proceeds shall be allocated to the
  258  department, to be used for purposes of enforcing the provisions
  259  of this section.
  260         3. One-third of the proceeds shall be deposited in the
  261  State Apartment Incentive Loan Fund, to be used for the purpose
  262  of providing funds to sponsors who provide housing for
  263  farmworkers.
  264         Section 3. For the purpose of incorporating the amendment
  265  made by this act to section 932.7055, Florida Statutes, in a
  266  reference thereto, paragraph (c) of subsection (2) of section
  267  895.09, Florida Statutes, is reenacted to read:
  268         895.09 Disposition of funds obtained through forfeiture
  269  proceedings.—
  270         (2)
  271         (c) Any funds distributed to an investigating law
  272  enforcement agency under paragraph (a) shall be deposited in the
  273  applicable law enforcement trust fund established for that
  274  agency pursuant to s. 932.7055 and expended for the purposes and
  275  in the manner authorized in that section. In addition, any funds
  276  distributed to an investigating law enforcement agency pursuant
  277  to this section may be used to pay the costs of investigations
  278  of violations of this chapter and the criminal prosecutions and
  279  civil actions related thereto, pursuant to s. 932.7055. Such
  280  costs may include all taxable costs; costs of protecting,
  281  maintaining, and forfeiting the property; employees’ base
  282  salaries and compensation for overtime; and such other costs
  283  directly attributable to the investigation, prosecution, or
  284  civil action.
  285         Section 4. For the purpose of incorporating the amendment
  286  made by this act to section 932.7055, Florida Statutes, in a
  287  reference thereto, paragraph (b) of subsection (6) of section
  288  932.703, Florida Statutes, is reenacted to read:
  289         932.703 Forfeiture of contraband article; exceptions.—
  290         (6)
  291         (b) A bona fide lienholder’s interest that has been
  292  perfected in the manner prescribed by law prior to the seizure
  293  may not be forfeited under the Florida Contraband Forfeiture Act
  294  unless the seizing agency establishes by a preponderance of the
  295  evidence that the lienholder had actual knowledge, at the time
  296  the lien was made, that the property was being employed or was
  297  likely to be employed in criminal activity. If a lienholder’s
  298  interest is not subject to forfeiture under the requirements of
  299  this section, such interest shall be preserved by the court by
  300  ordering the lienholder’s interest to be paid as provided in s.
  301  932.7055.
  302         Section 5. This act shall take effect July 1, 2015.