Senate Bill sb0062

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                    SB 62

    By Senator Wise





    5-129A-03

  1                      A bill to be entitled

  2         An act relating to the disposition of proceeds

  3         from the sale of forfeited property; amending

  4         s. 932.7055, F.S.; authorizing a board of

  5         county commissioners or governing body of a

  6         municipality to use the proceeds from the sale

  7         of forfeited property for drug court programs;

  8         providing requirements for expending such

  9         funds; increasing the funding requirements for

10         certain crime-prevention programs if a local

11         law enforcement agency receives more than a

12         specified amount under the Florida Contraband

13         Forfeiture Act; requiring that drug court

14         programs be included in those programs that

15         receive funds acquired under the Florida

16         Contraband Forfeiture Act; providing an

17         effective date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Paragraphs (a) and (c) of subsection (4) of

22  section 932.7055, Florida Statutes, are amended to read:

23         932.7055  Disposition of liens and forfeited

24  property.--

25         (4)(a)  If the seizing agency is a county or municipal

26  agency, the remaining proceeds shall be deposited in a special

27  law enforcement trust fund established by the board of county

28  commissioners or the governing body of the municipality.  Such

29  proceeds and interest earned therefrom shall be used for

30  school resource officers officer, crime prevention, safe

31  neighborhood programs, drug abuse education and prevention

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    Florida Senate - 2003                                    SB 62
    5-129A-03




 1  programs, drug court programs, or for other law enforcement

 2  purposes, which include defraying the cost of protracted or

 3  complex investigations, providing additional equipment or

 4  expertise, and providing matching funds to obtain federal

 5  grants. The proceeds and interest may not be used to meet

 6  normal operating expenses of the law enforcement agency.

 7         (c)  An agency or organization, other than the seizing

 8  agency, that wishes to receive such funds shall apply to the

 9  sheriff or chief of police for an appropriation and its

10  application shall be accompanied by a written certification

11  that the moneys will be used for an authorized purpose.  Such

12  requests for expenditures shall include a statement describing

13  anticipated recurring costs for the agency for subsequent

14  fiscal years.  An agency or organization that receives money

15  pursuant to this subsection shall provide an accounting for

16  such moneys and shall furnish the same reports as an agency of

17  the county or municipality that receives public funds.  Such

18  funds may be expended in accordance with the following

19  procedures:

20         1.  Such funds may be used only for school resource

21  officers officer, crime prevention, safe neighborhood

22  programs, drug abuse education, or drug prevention programs,

23  drug court programs, or such other law enforcement purposes as

24  the board of county commissioners or governing body of the

25  municipality deems appropriate.

26         2.  Such funds shall not be a source of revenue to meet

27  normal operating needs of the law enforcement agency.

28         3.  After July 1, 1992, and during every fiscal year

29  thereafter, any local law enforcement agency that acquires at

30  least $15,000 pursuant to the Florida Contraband Forfeiture

31  Act within a fiscal year must expend or donate no less than 25

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    Florida Senate - 2003                                    SB 62
    5-129A-03




 1  15 percent of such proceeds for the support or operation of

 2  any drug treatment, drug abuse education, drug prevention,

 3  drug court, crime prevention, safe neighborhood, or school

 4  resource officer programs program(s).  The local law

 5  enforcement agency has the discretion to determine which

 6  programs program(s) will receive the designated proceeds.

 7  

 8  Notwithstanding the minimum expenditures or donations for drug

 9  abuse education, drug treatment, drug prevention, drug court,

10  crime prevention, safe neighborhood, or school resource

11  officer programs minimum expenditures or donations, the

12  sheriff and the board of county commissioners or the chief of

13  police and the governing body of the municipality may agree to

14  expend or donate such funds over a period of years if the

15  expenditure or donation of such minimum amount in any given

16  fiscal year would exceed the needs of the county or

17  municipality for such programs program(s).  Nothing in This

18  section does not preclude precludes the expenditure or

19  donation of forfeiture proceeds in excess of the minimum

20  amounts established in this section herein.

21         Section 2.  This act shall take effect July 1, 2003.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Provides for a board of county commissioners or governing
      body of a municipality to fund drug court programs from
26    proceeds from the sale of forfeited property. Requires
      that a local law enforcement agency expend at least 25
27    percent rather than 15 percent of proceeds received under
      the Florida Contraband Forfeiture Act for drug treatment
28    and prevention, drug court programs, safe neighborhood
      programs, or school resource officers. Includes drug
29    court programs in the programs eligible to receive funds
      under the Florida Contraband Forfeiture Act.
30  

31  

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CODING: Words stricken are deletions; words underlined are additions.