Florida Senate - 2016                                     SB 220
       By Senator Bean
       4-00282-16                                             2016220__
    1                        A bill to be entitled                      
    2         An act relating to contraband forfeiture; amending s.
    3         932.701, F.S.; revising the applicability of a short
    4         title; amending s. 932.704, F.S.; requiring each state
    5         or local law enforcement agency that seizes property
    6         for the purpose of forfeiture to perform a specified
    7         review at least annually; prohibiting certain
    8         compensation or benefit to any law enforcement officer
    9         from being dependent upon attaining a quota of
   10         seizures; requiring a seizing agency to adopt certain
   11         written policies, procedures, and training to ensure
   12         compliance; requiring that supervisory personnel
   13         review seizures to determine whether probable cause
   14         existed; requiring prompt notification of the seizing
   15         agency’s legal counsel after a determination is made
   16         regarding seizure; requiring that the legal counsel
   17         conduct a specified review; requiring each seizing
   18         agency to adopt and implement specified written
   19         policies and procedures for the prompt release of
   20         seized property under certain circumstances; requiring
   21         that the settlement of forfeiture actions be
   22         consistent with certain mandates and with the seizing
   23         agency’s policy; requiring specified training and the
   24         maintenance of related records; creating s. 932.7061,
   25         F.S.; requiring each state or local law enforcement
   26         agency that seizes property for the purpose of
   27         forfeiture to complete an annual report; requiring
   28         certain information to be included in the annual
   29         report; requiring the report to be maintained by the
   30         seizing agency and made available to the public;
   31         amending ss. 322.34, 323.001, 328.07, and 817.625,
   32         F.S.; conforming cross-references; reenacting ss.
   33         27.3451 and 874.08, F.S., relating to the State
   34         Attorney’s Forfeiture and Investigative Support Trust
   35         Fund, and criminal gang activity, recruitment, and
   36         forfeiture, respectively, to incorporate the amendment
   37         made to s. 932.704, F.S., in references thereto;
   38         providing an effective date.
   40  Be It Enacted by the Legislature of the State of Florida:
   42         Section 1. Subsection (1) of section 932.701, Florida
   43  Statutes, is amended to read:
   44         932.701 Short title; definitions.—
   45         (1) Sections 932.701-932.7061 932.706 shall be known and
   46  may be cited as the “Florida Contraband Forfeiture Act.”
   47         Section 2. Subsection (11) of section 932.704, Florida
   48  Statutes, is amended to read:
   49         932.704 Forfeiture proceedings.—
   50         (11)(a) The Department of Law Enforcement, in consultation
   51  with the Florida Sheriffs Association and the Florida Police
   52  Chiefs Association, shall develop guidelines and training
   53  procedures to be used by state and local law enforcement
   54  agencies and state attorneys in implementing the Florida
   55  Contraband Forfeiture Act. At least annually, each state or
   56  local law enforcement agency that seizes property for the
   57  purpose of forfeiture shall periodically review such seizures of
   58  assets made by the agency’s law enforcement officers, any
   59  settlements, and any forfeiture proceedings initiated by the law
   60  enforcement agency, to determine whether they such seizures,
   61  settlements, and forfeitures comply with the Florida Contraband
   62  Forfeiture Act and the guidelines adopted under this subsection.
   63  If the review suggests deficiencies, the state or local law
   64  enforcement agency shall promptly take action to comply with
   65  this act.
   66         (b) The determination as to of whether an agency will file
   67  a civil forfeiture action is must be the sole responsibility of
   68  the head of the agency or his or her designee.
   69         (c)(b) The determination as to of whether to seize currency
   70  must be made by supervisory personnel. The agency’s legal
   71  counsel must be notified as soon as possible after a
   72  determination is made.
   73         (d) The employment, salary, promotion, or other
   74  compensation of any law enforcement officer may not be dependent
   75  on the ability of the officer to meet a quota for seizures.
   76         (e) A seizing agency shall adopt and implement written
   77  policies, procedures, and training to ensure compliance with all
   78  applicable legal requirements regarding seizing, maintaining,
   79  and forfeiting property under this act.
   80         (f) When property is seized for forfeiture, the probable
   81  cause supporting the seizure must be promptly reviewed by
   82  supervisory personnel. The seizing agency’s legal counsel must
   83  be notified as soon as possible of all seizures and shall
   84  conduct a review to determine whether there is legal sufficiency
   85  to proceed with a forfeiture action.
   86         (g) Each seizing agency shall adopt and implement written
   87  policies and procedures promoting the prompt release of seized
   88  property as may be required by the act or by agency
   89  determination when there is no legitimate basis for holding
   90  seized property. To help assure that property is not wrongfully
   91  held after seizure, each law enforcement agency must adopt
   92  written policies and procedures ensuring that all asserted
   93  claims of interest in seized property are promptly reviewed for
   94  potential validity.
   95         (h) The settlement of any forfeiture action must be
   96  consistent with this act and the agency’s policy.
   97         (i) Law enforcement agency personnel involved in the
   98  seizure of property for forfeiture shall receive basic training
   99  and continuing education as required by this act. Each agency
  100  shall maintain records demonstrating each law enforcement
  101  officer’s compliance with this requirement. Among other things,
  102  the training must address the legal aspects of forfeiture,
  103  including, but not limited to, search and seizure and other
  104  constitutional considerations.
  105         Section 3. Section 932.7061, Florida Statutes, is created
  106  to read:
  107         932.7061 Reporting seized property for forfeiture.—Each
  108  state or local law enforcement agency that seizes property for
  109  the purpose of forfeiture must complete an annual report
  110  indicating whether that agency has received or forfeited
  111  property under this act. The report, which must be submitted on
  112  a form designed by the law enforcement agency, must, at a
  113  minimum, specify the type of property seized, its approximate
  114  value, the court case number, the type of offense in connection
  115  with which the property was seized, disposition of the property,
  116  and the dollar amount of the proceeds received or expended in
  117  seizing the property. The seizing agency shall maintain the
  118  report, which must be available to the public.
  119         Section 4. Paragraph (a) of subsection (9) of section
  120  322.34, Florida Statutes, is amended to read:
  121         322.34 Driving while license suspended, revoked, canceled,
  122  or disqualified.—
  123         (9)(a) A motor vehicle that is driven by a person under the
  124  influence of alcohol or drugs in violation of s. 316.193 is
  125  subject to seizure and forfeiture under ss. 932.701-932.7061
  126  932.706 and is subject to liens for recovering, towing, or
  127  storing vehicles under s. 713.78 if, at the time of the offense,
  128  the person’s driver license is suspended, revoked, or canceled
  129  as a result of a prior conviction for driving under the
  130  influence.
  131         Section 5. Subsection (4) of section 323.001, Florida
  132  Statutes, is amended to read:
  133         323.001 Wrecker operator storage facilities; vehicle
  134  holds.—
  135         (4) The requirements for a written hold apply when the
  136  following conditions are present:
  137         (a) The officer has probable cause to believe the vehicle
  138  should be seized and forfeited under the Florida Contraband
  139  Forfeiture Act, ss. 932.701-932.7061 932.706;
  140         (b) The officer has probable cause to believe the vehicle
  141  should be seized and forfeited under chapter 379;
  142         (c) The officer has probable cause to believe the vehicle
  143  was used as the means of committing a crime;
  144         (d) The officer has probable cause to believe that the
  145  vehicle is itself evidence that tends to show that a crime has
  146  been committed or that the vehicle contains evidence, which
  147  cannot readily be removed, which tends to show that a crime has
  148  been committed;
  149         (e) The officer has probable cause to believe the vehicle
  150  was involved in a traffic accident resulting in death or
  151  personal injury and should be sealed for investigation and
  152  collection of evidence by a vehicular homicide investigator;
  153         (f) The vehicle is impounded or immobilized pursuant to s.
  154  316.193 or s. 322.34; or
  155         (g) The officer is complying with a court order.
  156         Section 6. Paragraph (b) of subsection (3) of section
  157  328.07, Florida Statutes, is amended to read:
  158         328.07 Hull identification number required.—
  159         (3)
  160         (b) If any of the hull identification numbers required by
  161  the United States Coast Guard for a vessel manufactured after
  162  October 31, 1972, do not exist or have been altered, removed,
  163  destroyed, covered, or defaced or the real identity of the
  164  vessel cannot be determined, the vessel may be seized as
  165  contraband property by a law enforcement agency or the division,
  166  and shall be subject to forfeiture pursuant to ss. 932.701
  167  932.7061 932.706. Such vessel may not be sold or operated on the
  168  waters of the state unless the division receives a request from
  169  a law enforcement agency providing adequate documentation or is
  170  directed by written order of a court of competent jurisdiction
  171  to issue to the vessel a replacement hull identification number
  172  which shall thereafter be used for identification purposes. No
  173  vessel shall be forfeited under the Florida Contraband
  174  Forfeiture Act when the owner unknowingly, inadvertently, or
  175  neglectfully altered, removed, destroyed, covered, or defaced
  176  the vessel hull identification number.
  177         Section 7. Paragraph (c) of subsection (2) of section
  178  817.625, Florida Statutes, is amended to read:
  179         817.625 Use of scanning device or reencoder to defraud;
  180  penalties.—
  181         (2)
  182         (c) Any person who violates subparagraph (a)1. or
  183  subparagraph (a)2. shall also be subject to the provisions of
  184  ss. 932.701-932.7061 932.706.
  185         Section 8. For the purpose of incorporating the amendment
  186  made by this act to section 932.704, Florida Statutes, in a
  187  reference thereto, section 27.3451, Florida Statutes, is
  188  reenacted to read:
  189         27.3451 State Attorney’s Forfeiture and Investigative
  190  Support Trust Fund.—There is created for each of the several
  191  state attorneys a trust fund to be known as the State Attorney’s
  192  Forfeiture and Investigative Support Trust Fund. Revenues
  193  received by a state attorney as a result of forfeiture
  194  proceedings, as provided under s. 932.704, shall be deposited in
  195  such trust fund and shall be used, when authorized by
  196  appropriation or action of the Executive Office of the Governor
  197  pursuant to s. 216.181(11), for the investigation of crime,
  198  prosecution of criminals, or other law enforcement purposes.
  199         Section 9. For the purpose of incorporating the amendment
  200  made by this act to section 932.704, Florida Statutes, in a
  201  reference thereto, section 874.08, Florida Statutes, is
  202  reenacted to read:
  203         874.08 Criminal gang activity and recruitment; forfeiture.
  204  All profits, proceeds, and instrumentalities of criminal gang
  205  activity and all property used or intended or attempted to be
  206  used to facilitate the criminal activity of any criminal gang or
  207  of any criminal gang member; and all profits, proceeds, and
  208  instrumentalities of criminal gang recruitment and all property
  209  used or intended or attempted to be used to facilitate criminal
  210  gang recruitment are subject to seizure and forfeiture under the
  211  Florida Contraband Forfeiture Act, s. 932.704.
  212         Section 10. This act shall take effect July 1, 2016.