Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (333636) for SB 1534
       
       
       
       
       
       
                                Ì202004\Î202004                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/16/2015           .                                
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       The Committee on Appropriations (Joyner) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 177 - 327
    4  and insert:
    5         (5)(a) If the seizing agency is a county or municipal
    6  agency, the remaining proceeds shall be deposited in a special
    7  law enforcement trust fund established by the board of county
    8  commissioners or the governing body of the municipality. Such
    9  proceeds and interest earned therefrom shall be used for school
   10  resource officer, crime prevention, safe neighborhood, drug
   11  abuse education and prevention programs, or for other law
   12  enforcement purposes, which include defraying the cost of
   13  protracted or complex investigations, providing additional
   14  equipment or expertise, purchasing automated external
   15  defibrillators for use in law enforcement vehicles, and
   16  providing matching funds to obtain federal grants. The proceeds
   17  and interest may not be used to meet normal operating expenses
   18  of the law enforcement agency.
   19         (b) These funds may be expended upon request by the sheriff
   20  to the board of county commissioners or by the chief of police
   21  to the governing body of the municipality, accompanied by a
   22  written certification that the request complies with the
   23  provisions of this subsection, and only upon appropriation to
   24  the sheriff’s office or police department by the board of county
   25  commissioners or the governing body of the municipality.
   26         (c) An agency or organization, other than the seizing
   27  agency, that wishes to receive such funds shall apply to the
   28  sheriff or chief of police for an appropriation and its
   29  application shall be accompanied by a written certification that
   30  the moneys will be used for an authorized purpose. Such requests
   31  for expenditures shall include a statement describing
   32  anticipated recurring costs for the agency for subsequent fiscal
   33  years. An agency or organization that receives money pursuant to
   34  this subsection shall provide an accounting for such moneys and
   35  shall furnish the same reports as an agency of the county or
   36  municipality that receives public funds. Such funds may be
   37  expended in accordance with the following procedures:
   38         1. Such funds may be used only for school resource officer,
   39  crime prevention, safe neighborhood, drug abuse education, or
   40  drug prevention programs or such other law enforcement purposes
   41  as the board of county commissioners or governing body of the
   42  municipality deems appropriate.
   43         2. Such funds shall not be a source of revenue to meet
   44  normal operating needs of the law enforcement agency.
   45         3. After July 1, 1992, and during every fiscal year
   46  thereafter, any local law enforcement agency that acquires at
   47  least $15,000 pursuant to the Florida Contraband Forfeiture Act
   48  within a fiscal year must expend or donate no less than 15
   49  percent of such proceeds for the support or operation of any
   50  drug treatment, drug abuse education, drug prevention, crime
   51  prevention, safe neighborhood, or school resource officer
   52  program(s). The local law enforcement agency has the discretion
   53  to determine which program(s) will receive the designated
   54  proceeds.
   55  
   56  Notwithstanding the drug abuse education, drug treatment, drug
   57  prevention, crime prevention, safe neighborhood, or school
   58  resource officer minimum expenditures or donations, the sheriff
   59  and the board of county commissioners or the chief of police and
   60  the governing body of the municipality may agree to expend or
   61  donate such funds over a period of years if the expenditure or
   62  donation of such minimum amount in any given fiscal year would
   63  exceed the needs of the county or municipality for such
   64  program(s). Nothing in this section precludes the expenditure or
   65  donation of forfeiture proceeds in excess of the minimum amounts
   66  established herein.
   67         (6) If the seizing agency is a state agency, all remaining
   68  proceeds shall be deposited into the General Revenue Fund.
   69  However, if the seizing agency is:
   70         (a) The Department of Law Enforcement, the proceeds accrued
   71  pursuant to the provisions of the Florida Contraband Forfeiture
   72  Act shall be deposited into the Forfeiture and Investigative
   73  Support Trust Fund as provided in s. 943.362 or into the
   74  department’s Federal Law Enforcement Trust Fund as provided in
   75  s. 943.365, as applicable.
   76         (b) The Division of Alcoholic Beverages and Tobacco, the
   77  proceeds accrued pursuant to the Florida Contraband Forfeiture
   78  Act shall be deposited into the Alcoholic Beverage and Tobacco
   79  Trust Fund or into the department’s Federal Law Enforcement
   80  Trust Fund as provided in s. 561.027, as applicable.
   81         (c) The Department of Highway Safety and Motor Vehicles,
   82  the proceeds accrued pursuant to the Florida Contraband
   83  Forfeiture Act shall be deposited into the Department of Highway
   84  Safety and Motor Vehicles Law Enforcement Trust Fund as provided
   85  in s. 932.705(1)(a) or into the department’s Federal Law
   86  Enforcement Trust Fund as provided in s. 932.705(1)(b), as
   87  applicable.
   88         (d) The Fish and Wildlife Conservation Commission, the
   89  proceeds accrued pursuant to the provisions of the Florida
   90  Contraband Forfeiture Act shall be deposited into the State Game
   91  Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or
   92  into the Marine Resources Conservation Trust Fund as provided in
   93  s. 379.337.
   94         (e) A state attorney’s office acting within its judicial
   95  circuit, the proceeds accrued pursuant to the provisions of the
   96  Florida Contraband Forfeiture Act shall be deposited into the
   97  State Attorney’s Forfeiture and Investigative Support Trust Fund
   98  to be used for the investigation of crime and prosecution of
   99  criminals within the judicial circuit.
  100         (f) A school board security agency employing law
  101  enforcement officers, the proceeds accrued pursuant to the
  102  provisions of the Florida Contraband Forfeiture Act shall be
  103  deposited into the School Board Law Enforcement Trust Fund.
  104         (g) One of the State University System police departments
  105  acting within the jurisdiction of its employing state
  106  university, the proceeds accrued pursuant to the provisions of
  107  the Florida Contraband Forfeiture Act shall be deposited into
  108  that state university’s special law enforcement trust fund.
  109         (h) The Department of Agriculture and Consumer Services,
  110  the proceeds accrued pursuant to the Florida Contraband
  111  Forfeiture Act shall be deposited into the General Inspection
  112  Trust Fund or into the department’s Federal Law Enforcement
  113  Trust Fund as provided in s. 570.205, as applicable.
  114         (i) The Department of Military Affairs, the proceeds
  115  accrued from federal forfeiture sharing pursuant to 21 U.S.C.
  116  ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C.
  117  s. 1616a shall be deposited into the Armory Board Trust Fund and
  118  used for purposes authorized by such federal provisions based on
  119  the department’s budgetary authority or into the department’s
  120  Federal Law Enforcement Trust Fund as provided in s. 250.175, as
  121  applicable.
  122         (j) The Medicaid Fraud Control Unit of the Department of
  123  Legal Affairs, the proceeds accrued pursuant to the provisions
  124  of the Florida Contraband Forfeiture Act shall be deposited into
  125  the Department of Legal Affairs Grants and Donations Trust Fund
  126  to be used for investigation and prosecution of Medicaid fraud,
  127  abuse, neglect, and other related cases by the Medicaid Fraud
  128  Control Unit.
  129         (k) The Division of State Fire Marshal in the Department of
  130  Financial Services, the proceeds accrued under the Florida
  131  Contraband Forfeiture Act shall be deposited into the Insurance
  132  Regulatory Trust Fund to be used for the purposes of arson
  133  suppression, arson investigation, and the funding of anti-arson
  134  rewards.
  135         (l) The Division of Insurance Fraud of the Department of
  136  Financial Services, the proceeds accrued pursuant to the
  137  provisions of the Florida Contraband Forfeiture Act shall be
  138  deposited into the Insurance Regulatory Trust Fund as provided
  139  in s. 626.9893 or into the Department of Financial Services’
  140  Federal Law Enforcement Trust Fund as provided in s. 17.43, as
  141  applicable.
  142  
  143  ================= T I T L E  A M E N D M E N T ================
  144  And the title is amended as follows:
  145         Delete lines 27 - 42
  146  and insert:
  147         for its use; deleting an obsolete provision; providing
  148         for