| 1 | A bill to be entitled |
| 2 | An act relating to proceeds of forfeitures; amending s. |
| 3 | 932.7055, F.S.; increasing the minimum percentage of such |
| 4 | proceeds that must go to non-law enforcement |
| 5 | organizations; revising the types of organizations that |
| 6 | may receive such funds and the purposes for which such |
| 7 | funds may be expended; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Paragraph (c) of subsection (5) of section |
| 12 | 932.7055, Florida Statutes, is amended to read: |
| 13 | 932.7055 Disposition of liens and forfeited property.-- |
| 14 | (5) |
| 15 | (c) Every county or municipality must expend or donate no |
| 16 | less than 25 percent of such proceeds for the support or |
| 17 | operation of local, community-based nonprofit, nongovernmental |
| 18 | organizations. The local law enforcement agency has the |
| 19 | discretion to determine which community organizations will |
| 20 | receive the designated proceeds. An agency or organization, |
| 21 | other than the seizing agency, that wishes to receive such funds |
| 22 | shall apply to the sheriff or chief of police for an |
| 23 | appropriation and its application shall be accompanied by a |
| 24 | written certification that the moneys will be used for an |
| 25 | authorized purpose. Such requests for expenditures shall include |
| 26 | a statement describing anticipated recurring costs for the |
| 27 | organization agency for subsequent fiscal years. An agency or |
| 28 | organization that receives money pursuant to this subsection |
| 29 | shall provide an accounting for such moneys and shall furnish |
| 30 | the same reports as an agency of the county or municipality that |
| 31 | receives public funds. Such funds may be expended in accordance |
| 32 | with the following procedures: |
| 33 | 1. Such funds may be used only for educational, school |
| 34 | resource officer, crime prevention, safe neighborhood, drug |
| 35 | abuse education, or drug prevention programs or any such other |
| 36 | law enforcement purposes that benefit the community as the board |
| 37 | of county commissioners or governing body of the municipality |
| 38 | deems appropriate. |
| 39 | 2. Such funds shall not be a source of revenue to meet |
| 40 | normal operating needs of a the law enforcement agency. |
| 41 | 3. After July 1, 1992, and during every fiscal year |
| 42 | thereafter, any local law enforcement agency that acquires at |
| 43 | least $15,000 pursuant to the Florida Contraband Forfeiture Act |
| 44 | within a fiscal year must expend or donate no less than 15 |
| 45 | percent of such proceeds for the support or operation of any |
| 46 | drug treatment, drug abuse education, drug prevention, crime |
| 47 | prevention, safe neighborhood, or school resource officer |
| 48 | program(s). The local law enforcement agency has the discretion |
| 49 | to determine which program(s) will receive the designated |
| 50 | proceeds. |
| 51 |
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| 52 | Notwithstanding the drug abuse education, drug treatment, drug |
| 53 | prevention, crime prevention, safe neighborhood, or school |
| 54 | resource officer minimum expenditures or donations, the sheriff |
| 55 | and the board of county commissioners or the chief of police and |
| 56 | the governing body of the municipality may agree to expend or |
| 57 | donate such funds over a period of years if the expenditure or |
| 58 | donation of such minimum amount in any given fiscal year would |
| 59 | exceed the needs of the county or municipality for such programs |
| 60 | program(s). Nothing in this section precludes the expenditure or |
| 61 | donation of forfeiture proceeds in excess of the minimum amounts |
| 62 | established herein. |
| 63 | Section 2. This act shall take effect July 1, 2009. |