HB 0529 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Judiciary recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to the disposition of proceeds from the
12	sale of forfeited property; amending s. 932.7055, F.S.;
13	authorizing a board of county commissioners or governing
14	body of a municipality to use the proceeds from the sale
15	of forfeited property for drug court programs; providing
16	requirements for expending such funds; requiring that drug
17	court programs be included in those programs that receive
18	funds acquired under the Florida Contraband Forfeiture
19	Act; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. Paragraphs (a) and (c) of subsection (4) of
24	section 932.7055, Florida Statutes, are amended to read:
25	932.7055 Disposition of liens and forfeited property.--
26	(4)(a) If the seizing agency is a county or municipal
27	agency, the remaining proceeds shall be deposited in a special
28	law enforcement trust fund established by the board of county
29	commissioners or the governing body of the municipality. Such
30	proceeds and interest earned therefrom shall be used for school
31	resource officersofficer, crime prevention, safe neighborhood
32	programs, drug abuse education and prevention programs, drug
33	court programs,or for other law enforcement purposes, which
34	include defraying the cost of protracted or complex
35	investigations, providing additional equipment or expertise,and
36	providing matching funds to obtain federal grants. The proceeds
37	and interest may not be used to meet normal operating expenses
38	of the law enforcement agency.
39	(c) An agency or organization, other than the seizing
40	agency, that wishes to receive such funds shall apply to the
41	sheriff or chief of police for an appropriation and its
42	application shall be accompanied by a written certification that
43	the moneys will be used for an authorized purpose. Such
44	requests for expenditures shall include a statement describing
45	anticipated recurring costs for the agency for subsequent fiscal
46	years. An agency or organization that receives money pursuant
47	to this subsection shall provide an accounting for such moneys
48	and shall furnish the same reports as an agency of the county or
49	municipality that receives public funds. Such funds may be
50	expended in accordance with the following procedures:
51	1. Such funds may be used only for school resource
52	officersofficer, crime prevention, safe neighborhood programs,
53	drug abuse education, or drug prevention programs, drug court
54	programs,or such other law enforcement purposes as the board of
55	county commissioners or governing body of the municipality deems
56	appropriate.
57	2. Such funds shall not be a source of revenue to meet
58	normal operating needs of the law enforcement agency.
59	3. After July 1, 1992, and during every fiscal year
60	thereafter, any local law enforcement agency that acquires at
61	least $15,000 pursuant to the Florida Contraband Forfeiture Act
62	within a fiscal year must expend or donate no less than 15
63	percent of such proceeds for the support or operation of any
64	drug treatment, drug abuse education, drug prevention, drug
65	court,crime prevention, safe neighborhood, or school resource
66	officer programsprogram(s). The local law enforcement agency
67	has the discretion to determine which programsprogram(s)will
68	receive the designated proceeds.
69
70	Notwithstanding the minimum expenditures or donations fordrug
71	abuse education, drug treatment, drug prevention, drug court,
72	crime prevention, safe neighborhood, or school resource officer
73	programsminimum expenditures or donations, the sheriff and the
74	board of county commissioners or the chief of police and the
75	governing body of the municipality may agree to expend or donate
76	such funds over a period of years if the expenditure or donation
77	of such minimum amount in any given fiscal year would exceed the
78	needs of the county or municipality for such programs
79	program(s). Nothing in This section does not precludeprecludes
80	the expenditure or donation of forfeiture proceeds in excess of
81	the minimum amounts established in this sectionherein.
82	Section 2. This act shall take effect July 1, 2003.