Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1534
       
       
       
       
       
                               Ì3336362Î333636                          
       
       576-03764-15                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to contraband forfeiture; amending s.
    3         932.701, F.S.; conforming a cross-reference to changes
    4         made by the act; amending s. 932.704, F.S.; requiring
    5         each state or local law enforcement agency that seizes
    6         property for the purpose of forfeiture to perform a
    7         specified periodic review at least annually and
    8         address deficiencies to ensure compliance with this
    9         act; prohibiting certain compensation or benefit to
   10         any law enforcement officer from being dependent upon
   11         attaining a quota of seizures; requiring a seizing
   12         agency to have certain written policies, procedures,
   13         and training to comply with specified legal
   14         requirements; requiring the probable cause for seizure
   15         to be promptly reviewed by supervisory personnel;
   16         requiring the seizing agency’s legal counsel to be
   17         timely notified and to conduct a specified review;
   18         requiring each seizing agency to have specified
   19         written policies and procedures for the prompt release
   20         of seized property under certain circumstances;
   21         requiring that settlement of any forfeiture actions be
   22         consistent with certain mandates and with the seizing
   23         agency’s policy or directives; requiring specified
   24         training and maintenance of records for such training;
   25         amending s. 932.7055, F.S.; deleting a provision
   26         authorizing a seizing agency to retain seized property
   27         for its use; deleting an obsolete provision; revising
   28         the distribution and the use of proceeds from the
   29         sales of forfeited property seized by a county or
   30         municipal agency; authorizing an agency or
   31         organization, other than a seizing agency, to apply
   32         for funds from specified proceeds; requiring that
   33         funding requests be made in writing and include a
   34         certification that the expenditure meets certain
   35         requirements; specifying that such requests are public
   36         records; deleting a provision relating to certain
   37         expenditure or donation of forfeiture proceeds;
   38         requiring certain proceeds to be deposited into the
   39         Crimes Compensation Trust Fund, rather than the
   40         General Revenue Fund; deleting provisions that exempt
   41         certain state agencies from depositing proceeds from
   42         seizures into the General Revenue Fund; providing for
   43         the distribution and use of certain revenues received
   44         from federal sources; requiring a law enforcement
   45         agency participating in certain forfeiture proceedings
   46         to submit a report to the Department of Law
   47         Enforcement on a periodic basis detailing specified
   48         information; making technical changes; creating s.
   49         932.7061, F.S.; requiring each state or local law
   50         enforcement agency that seizes property for the
   51         purpose of forfeiture to complete an annual report;
   52         requiring certain information to be included in the
   53         annual report; requiring the report to be kept on file
   54         with the seizing agency for public access; amending
   55         ss. 322.34, 323.001, 328.07, and 817.625, F.S.;
   56         conforming cross-references; reenacting ss. 27.3451
   57         and 874.08, F.S., relating to the State Attorney’s
   58         Forfeiture and Investigative Support Trust Fund, and
   59         criminal gang activity, recruitment, and forfeiture,
   60         respectively, to incorporate the amendment made to s.
   61         932.704, F.S., in references thereto; reenacting ss.
   62         381.0081(5)(b), 895.09(2)(c), and 932.703(6)(b), F.S.,
   63         relating to the allocations of proceeds from the sales
   64         of property in a migrant labor camp or residential
   65         migrant housing, the disposition of funds obtained
   66         through forfeiture proceedings, and the forfeiture of
   67         contraband articles, respectively, to incorporate the
   68         amendment made to s. 932.7055, F.S., in references
   69         thereto; providing an effective date.
   70          
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. Subsection (1) of section 932.701, Florida
   74  Statutes, is amended to read:
   75         932.701 Short title; definitions.—
   76         (1) Sections 932.701-932.7061 932.706 shall be known and
   77  may be cited as the “Florida Contraband Forfeiture Act.”
   78         Section 2. Subsection (11) of section 932.704, Florida
   79  Statutes, is amended to read:
   80         932.704 Forfeiture proceedings.—
   81         (11)(a) The Department of Law Enforcement, in consultation
   82  with the Florida Sheriffs Association and the Florida Police
   83  Chiefs Association, shall develop guidelines and training
   84  procedures to be used by state and local law enforcement
   85  agencies and state attorneys in implementing the Florida
   86  Contraband Forfeiture Act. Each state or local law enforcement
   87  agency that seizes property for the purpose of forfeiture shall
   88  periodically review seizures of assets made by the agency’s law
   89  enforcement officers, settlements, and forfeiture proceedings
   90  initiated by the agency, to determine whether such seizures,
   91  settlements, and forfeitures comply with the Florida Contraband
   92  Forfeiture Act and the guidelines adopted under this subsection.
   93  Such review must occur at least annually. If the review suggests
   94  deficiencies, the state or local law enforcement agency shall
   95  promptly move to ensure the agency’s compliance with this act.
   96         (b) The determination of whether an agency will file a
   97  civil forfeiture action must be the sole responsibility of the
   98  head of the agency or his or her designee.
   99         (c)(b) The determination of whether to seize currency must
  100  be made by supervisory personnel. The agency’s legal counsel
  101  must be notified as soon as possible.
  102         (d) The employment, salary, promotion, or other
  103  compensation of any law enforcement officer may not depend on
  104  attaining a quota of seizures.
  105         (e) A seizing agency must ensure, through the use of
  106  written policies, procedures, and training, compliance with all
  107  applicable legal requirements regarding seizing, maintaining,
  108  and forfeiting property under this act.
  109         (f) When property is seized for forfeiture, the probable
  110  cause supporting the seizure must be promptly reviewed by
  111  supervisory personnel. The seizing agency’s legal counsel must
  112  be notified as soon as possible of all seizures and must conduct
  113  a review to determine whether there is legal sufficiency to
  114  proceed with a forfeiture action.
  115         (g) Each seizing agency must have written policies and
  116  procedures promoting, when there is no other legitimate basis
  117  for holding seized property, the prompt release of such property
  118  as may be required by the act or by agency determination. To
  119  help assure that property is not wrongfully held after seizure,
  120  every law enforcement agency must have written policies and
  121  procedures ensuring that all asserted claims of interest in
  122  seized property are promptly reviewed for potential validity.
  123         (h) The settlement of any forfeiture action must be
  124  consistent with the mandates of this act and in compliance with
  125  agency policy or directives.
  126         (i) Law enforcement agency personnel involved in the
  127  seizure of property for forfeiture shall receive basic training
  128  and continuing education as required by this act. Each agency
  129  shall maintain records documenting every law enforcement
  130  officer’s compliance with these training requirements. A portion
  131  of such training must address the legal aspects of forfeiture,
  132  including, but not limited to, search and seizure and other
  133  constitutional considerations.
  134         Section 3. Section 932.7055, Florida Statutes, is amended
  135  to read:
  136         932.7055 Disposition of liens and forfeited property.—
  137         (1) When a seizing agency obtains a final judgment granting
  138  forfeiture of real property or personal property, it may elect
  139  to:
  140         (a) Retain the property for the agency’s use;
  141         (a)(b) Sell the property at public auction or by sealed bid
  142  to the highest bidder, except for real property, which must
  143  should be sold in a commercially reasonable manner after
  144  appraisal by listing on the market; or
  145         (b)(c) Salvage, trade, or transfer the property to any
  146  public or nonprofit organization.
  147         (2) Notwithstanding subsection (1), a seizing agency must
  148  destroy any image and the medium on which the image is recorded,
  149  including, but not limited to, a photograph, video tape,
  150  diskette, compact disc, or fixed disk made in violation of s.
  151  810.145 when the image and the medium on which it is recorded is
  152  no longer needed for an official purpose. The agency may not
  153  sell or retain any image.
  154         (3) If the forfeited property is subject to a lien
  155  preserved by the court as provided in s. 932.703(6)(b), the
  156  agency shall:
  157         (a) Sell the property with the proceeds being used towards
  158  satisfaction of any liens; or
  159         (b) Have the lien satisfied prior to taking any action
  160  authorized by subsection (1).
  161         (4) The proceeds from the sale of forfeited property shall
  162  be disbursed in the following priority:
  163         (a) Payment of the balance due on any lien preserved by the
  164  court in the forfeiture proceedings.
  165         (b) Payment of the cost incurred by the seizing agency in
  166  connection with the storage, maintenance, security, and
  167  forfeiture of such property.
  168         (c) Payment of court costs incurred in the forfeiture
  169  proceeding.
  170         (d) Notwithstanding any other provision of this subsection,
  171  and for the 2014-2015 fiscal year only, the funds in a special
  172  law enforcement trust fund established by the governing body of
  173  a municipality may be expended to reimburse the general fund of
  174  the municipality for moneys advanced from the general fund to
  175  the special law enforcement trust fund before October 1, 2001.
  176  This paragraph expires July 1, 2015.
  177         (5)(a) If the seizing agency is a county or municipal
  178  agency, at least 50 percent of the remaining proceeds shall be
  179  deposited into in a special law enforcement trust fund
  180  established by the board of county commissioners or the
  181  governing body of the municipality. Such proceeds and interest
  182  earned therefrom shall be used for school resource officer,
  183  crime prevention, safe neighborhood, or drug abuse education and
  184  prevention programs or the purchase of portable defibrillators.
  185  Any remaining proceeds shall be deposited into the Crimes
  186  Compensation Trust Fund, or for other law enforcement purposes,
  187  which include defraying the cost of protracted or complex
  188  investigations, providing additional equipment or expertise,
  189  purchasing automated external defibrillators for use in law
  190  enforcement vehicles, and providing matching funds to obtain
  191  federal grants. The proceeds and interest may not be used to
  192  meet normal operating expenses of the law enforcement agency.
  193         (b) These funds may be expended upon request by the sheriff
  194  to the board of county commissioners or by the chief of police
  195  to the governing body of the municipality, accompanied by a
  196  written certification that the request complies with the
  197  provisions of this subsection, and only upon appropriation to
  198  the sheriff’s office or police department by the board of county
  199  commissioners or the governing body of the municipality.
  200         (c) An agency or organization, other than the seizing
  201  agency, which that wishes to receive such funds shall apply to
  202  the sheriff or chief of police for an appropriation. The and its
  203  application shall be accompanied by a written certification that
  204  the moneys will be used for an authorized purpose. Such requests
  205  for expenditures shall include a statement describing
  206  anticipated recurring costs for the agency for subsequent fiscal
  207  years. An agency or organization that receives money pursuant to
  208  this subsection shall provide an accounting for such moneys and
  209  shall furnish the same reports as an agency of the county or
  210  municipality that receives public funds. Such funds may be
  211  expended in accordance with the following procedures:
  212         1. Such funds may be used only for school resource officer,
  213  crime prevention, safe neighborhood, drug abuse education, or
  214  drug prevention programs or the purchase of portable
  215  defibrillators such other law enforcement purposes as the board
  216  of county commissioners or governing body of the municipality
  217  deems appropriate.
  218         2. Such funds shall not be a source of revenue to meet
  219  normal operating needs of the law enforcement agency.
  220         (d)3.After July 1, 1992, and During each every fiscal year
  221  thereafter, any local law enforcement agency that acquires any
  222  property or assets at least $15,000 pursuant to the Florida
  223  Contraband Forfeiture Act within that a fiscal year must expend
  224  or donate at least 50 no less than 15 percent of such proceeds
  225  pursuant to the Florida Contraband Forfeiture Act for the
  226  support or operation of any drug treatment, drug abuse
  227  education, drug prevention, crime prevention, safe neighborhood,
  228  or school resource officer programs program(s). An agency or
  229  organization, other than the seizing agency, which wishes to
  230  receive such funds must apply to the seizing local law
  231  enforcement agency for an appropriation. Funding requests by
  232  such agencies or organizations must be in writing and be
  233  accompanied by a written certification stating that the moneys
  234  will be used for an authorized purpose, detailing how the funds
  235  will be used, and affirming that the expenditure will be used
  236  for only the support of drug treatment, drug abuse education,
  237  drug prevention, crime prevention, safe neighborhood, or school
  238  resource officer programs. Such requests are public records as
  239  defined in chapter 119. The local law enforcement agency has the
  240  discretion to determine which programs program(s) will receive
  241  the designated proceeds.
  242         (e) Notwithstanding the drug abuse education, drug
  243  treatment, drug prevention, crime prevention, safe neighborhood,
  244  or school resource officer programs minimum expenditures or
  245  donations, the sheriff and the board of county commissioners or
  246  the chief of police and the governing body of the municipality
  247  may agree to expend or donate such funds over a period of years
  248  if the expenditure or donation of the such minimum amount in any
  249  given fiscal year would exceed the needs of the county or
  250  municipality for such programs program(s). Nothing in this
  251  section precludes the expenditure or donation of forfeiture
  252  proceeds in excess of the minimum amounts established herein.
  253         (6) If the seizing agency is a state agency, all remaining
  254  proceeds shall be deposited into the Crimes Compensation Trust
  255  Fund General Revenue Fund. However, if the seizing agency is:
  256         (a) The Department of Law Enforcement, the proceeds accrued
  257  pursuant to the provisions of the Florida Contraband Forfeiture
  258  Act shall be deposited into the Forfeiture and Investigative
  259  Support Trust Fund as provided in s. 943.362 or into the
  260  department’s Federal Law Enforcement Trust Fund as provided in
  261  s. 943.365, as applicable.
  262         (b) The Division of Alcoholic Beverages and Tobacco, the
  263  proceeds accrued pursuant to the Florida Contraband Forfeiture
  264  Act shall be deposited into the Alcoholic Beverage and Tobacco
  265  Trust Fund or into the department’s Federal Law Enforcement
  266  Trust Fund as provided in s. 561.027, as applicable.
  267         (c) The Department of Highway Safety and Motor Vehicles,
  268  the proceeds accrued pursuant to the Florida Contraband
  269  Forfeiture Act shall be deposited into the Department of Highway
  270  Safety and Motor Vehicles Law Enforcement Trust Fund as provided
  271  in s. 932.705(1)(a) or into the department’s Federal Law
  272  Enforcement Trust Fund as provided in s. 932.705(1)(b), as
  273  applicable.
  274         (d) The Fish and Wildlife Conservation Commission, the
  275  proceeds accrued pursuant to the provisions of the Florida
  276  Contraband Forfeiture Act shall be deposited into the State Game
  277  Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or
  278  into the Marine Resources Conservation Trust Fund as provided in
  279  s. 379.337.
  280         (e) A state attorney’s office acting within its judicial
  281  circuit, the proceeds accrued pursuant to the provisions of the
  282  Florida Contraband Forfeiture Act shall be deposited into the
  283  State Attorney’s Forfeiture and Investigative Support Trust Fund
  284  to be used for the investigation of crime and prosecution of
  285  criminals within the judicial circuit.
  286         (f) A school board security agency employing law
  287  enforcement officers, the proceeds accrued pursuant to the
  288  provisions of the Florida Contraband Forfeiture Act shall be
  289  deposited into the School Board Law Enforcement Trust Fund.
  290         (g) One of the State University System police departments
  291  acting within the jurisdiction of its employing state
  292  university, the proceeds accrued pursuant to the provisions of
  293  the Florida Contraband Forfeiture Act shall be deposited into
  294  that state university’s special law enforcement trust fund.
  295         (h) The Department of Agriculture and Consumer Services,
  296  the proceeds accrued pursuant to the Florida Contraband
  297  Forfeiture Act shall be deposited into the General Inspection
  298  Trust Fund or into the department’s Federal Law Enforcement
  299  Trust Fund as provided in s. 570.205, as applicable.
  300         (i) The Department of Military Affairs, the proceeds
  301  accrued from federal forfeiture sharing pursuant to 21 U.S.C.
  302  ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C.
  303  s. 1616a shall be deposited into the Armory Board Trust Fund and
  304  used for purposes authorized by such federal provisions based on
  305  the department’s budgetary authority or into the department’s
  306  Federal Law Enforcement Trust Fund as provided in s. 250.175, as
  307  applicable.
  308         (j) The Medicaid Fraud Control Unit of the Department of
  309  Legal Affairs, the proceeds accrued pursuant to the provisions
  310  of the Florida Contraband Forfeiture Act shall be deposited into
  311  the Department of Legal Affairs Grants and Donations Trust Fund
  312  to be used for investigation and prosecution of Medicaid fraud,
  313  abuse, neglect, and other related cases by the Medicaid Fraud
  314  Control Unit.
  315         (k) The Division of State Fire Marshal in the Department of
  316  Financial Services, the proceeds accrued under the Florida
  317  Contraband Forfeiture Act shall be deposited into the Insurance
  318  Regulatory Trust Fund to be used for the purposes of arson
  319  suppression, arson investigation, and the funding of anti-arson
  320  rewards.
  321         (l) The Division of Insurance Fraud of the Department of
  322  Financial Services, the proceeds accrued pursuant to the
  323  provisions of the Florida Contraband Forfeiture Act shall be
  324  deposited into the Insurance Regulatory Trust Fund as provided
  325  in s. 626.9893 or into the Department of Financial Services’
  326  Federal Law Enforcement Trust Fund as provided in s. 17.43, as
  327  applicable.
  328         (7)Notwithstanding any other provision of law, any
  329  revenues received from federal sources that are derived from
  330  forfeitures are considered to be proceeds from the sale of
  331  forfeited property acquired pursuant to the Florida Contraband
  332  Forfeiture Act and shall be deposited as required by subsection
  333  (5) if received by a county or municipal agency or as required
  334  by subsection (6) if received by a state agency.
  335         (8)(7) If more than one law enforcement agency is acting
  336  substantially to effect the forfeiture, the court having
  337  jurisdiction over the forfeiture proceedings shall, upon motion,
  338  equitably distribute all proceeds and other property among the
  339  seizing agencies.
  340         (9)(8) Upon the sale of any motor vehicle, vessel,
  341  aircraft, real property, or other property requiring a title,
  342  the appropriate agency shall issue a title certificate to the
  343  purchaser. Upon the request of any law enforcement agency which
  344  elects to retain titled property after forfeiture, the
  345  appropriate state agency shall issue a title certificate for
  346  such property to said law enforcement agency.
  347         (10)(9)A Neither the law enforcement agency, or nor the
  348  entity having budgetary control over the law enforcement agency,
  349  may not shall anticipate future forfeitures or the proceeds from
  350  those forfeitures therefrom in the adoption and approval of the
  351  agency’s budget for the law enforcement agency.
  352         (11) A law enforcement agency participating in forfeiture
  353  proceedings pursuant to this act shall submit a report to the
  354  Department of Law Enforcement every 3 months detailing the items
  355  seized through the forfeiture process and, if a final judgment
  356  of forfeiture was issued for any seized property or assets, a
  357  description of how the property or assets were disposed of.
  358         Section 4. Section 932.7061, Florida Statutes, is created
  359  to read:
  360         932.7061 Each state or local law enforcement agency that
  361  seizes property for the purpose of forfeiture must complete an
  362  annual report indicating whether that agency has received or
  363  forfeited property under this act. The report, to be submitted
  364  on a form designed by the law enforcement agency, must, at a
  365  minimum, specify the type of property, its approximate value,
  366  the court case number, the type of offense for which the
  367  property was seized, disposition of the property, and the dollar
  368  amount of the proceeds received or expended in seizing the
  369  property. This report must be kept on file with the seizing
  370  agency for public access.
  371         Section 5. Paragraph (a) of subsection (9) of section
  372  322.34, Florida Statutes, is amended to read:
  373         322.34 Driving while license suspended, revoked, canceled,
  374  or disqualified.—
  375         (9)(a) A motor vehicle that is driven by a person under the
  376  influence of alcohol or drugs in violation of s. 316.193 is
  377  subject to seizure and forfeiture under ss. 932.701-932.7061
  378  932.706 and is subject to liens for recovering, towing, or
  379  storing vehicles under s. 713.78 if, at the time of the offense,
  380  the person’s driver license is suspended, revoked, or canceled
  381  as a result of a prior conviction for driving under the
  382  influence.
  383         Section 6. Subsection (4) of section 323.001, Florida
  384  Statutes, is amended to read:
  385         323.001 Wrecker operator storage facilities; vehicle
  386  holds.—
  387         (4) The requirements for a written hold apply when the
  388  following conditions are present:
  389         (a) The officer has probable cause to believe the vehicle
  390  should be seized and forfeited under the Florida Contraband
  391  Forfeiture Act, ss. 932.701-932.7061 932.706;
  392         (b) The officer has probable cause to believe the vehicle
  393  should be seized and forfeited under chapter 379;
  394         (c) The officer has probable cause to believe the vehicle
  395  was used as the means of committing a crime;
  396         (d) The officer has probable cause to believe that the
  397  vehicle is itself evidence that tends to show that a crime has
  398  been committed or that the vehicle contains evidence, which
  399  cannot readily be removed, which tends to show that a crime has
  400  been committed;
  401         (e) The officer has probable cause to believe the vehicle
  402  was involved in a traffic accident resulting in death or
  403  personal injury and should be sealed for investigation and
  404  collection of evidence by a vehicular homicide investigator;
  405         (f) The vehicle is impounded or immobilized pursuant to s.
  406  316.193 or s. 322.34; or
  407         (g) The officer is complying with a court order.
  408         Section 7. Paragraph (b) of subsection (3) of section
  409  328.07, Florida Statutes, is amended to read:
  410         328.07 Hull identification number required.—
  411         (3)
  412         (b) If any of the hull identification numbers required by
  413  the United States Coast Guard for a vessel manufactured after
  414  October 31, 1972, do not exist or have been altered, removed,
  415  destroyed, covered, or defaced or the real identity of the
  416  vessel cannot be determined, the vessel may be seized as
  417  contraband property by a law enforcement agency or the division,
  418  and shall be subject to forfeiture pursuant to ss. 932.701
  419  932.7061 932.706. Such vessel may not be sold or operated on the
  420  waters of the state unless the division receives a request from
  421  a law enforcement agency providing adequate documentation or is
  422  directed by written order of a court of competent jurisdiction
  423  to issue to the vessel a replacement hull identification number
  424  which shall thereafter be used for identification purposes. No
  425  vessel shall be forfeited under the Florida Contraband
  426  Forfeiture Act when the owner unknowingly, inadvertently, or
  427  neglectfully altered, removed, destroyed, covered, or defaced
  428  the vessel hull identification number.
  429         Section 8. Paragraph (c) of subsection (2) of section
  430  817.625, Florida Statutes, is amended to read:
  431         817.625 Use of scanning device or reencoder to defraud;
  432  penalties.—
  433         (2)
  434         (c) Any person who violates subparagraph (a)1. or
  435  subparagraph (a)2. shall also be subject to the provisions of
  436  ss. 932.701-932.7061 932.706.
  437         Section 9. For the purpose of incorporating the amendment
  438  made by this act to section 932.704, Florida Statutes, in a
  439  reference thereto, section 27.3451, Florida Statutes, is
  440  reenacted to read:
  441         27.3451 State Attorney’s Forfeiture and Investigative
  442  Support Trust Fund.—There is created for each of the several
  443  state attorneys a trust fund to be known as the State Attorney’s
  444  Forfeiture and Investigative Support Trust Fund. Revenues
  445  received by a state attorney as a result of forfeiture
  446  proceedings, as provided under s. 932.704, shall be deposited in
  447  such trust fund and shall be used, when authorized by
  448  appropriation or action of the Executive Office of the Governor
  449  pursuant to s. 216.181(11), for the investigation of crime,
  450  prosecution of criminals, or other law enforcement purposes.
  451         Section 10. For the purpose of incorporating the amendment
  452  made by this act to section 932.704, Florida Statutes, in a
  453  reference thereto, section 874.08, Florida Statutes, is
  454  reenacted to read:
  455         874.08 Criminal gang activity and recruitment; forfeiture.
  456  All profits, proceeds, and instrumentalities of criminal gang
  457  activity and all property used or intended or attempted to be
  458  used to facilitate the criminal activity of any criminal gang or
  459  of any criminal gang member; and all profits, proceeds, and
  460  instrumentalities of criminal gang recruitment and all property
  461  used or intended or attempted to be used to facilitate criminal
  462  gang recruitment are subject to seizure and forfeiture under the
  463  Florida Contraband Forfeiture Act, s. 932.704.
  464         Section 11. For the purpose of incorporating the amendment
  465  made by this act to section 932.7055, Florida Statutes, in a
  466  reference thereto, paragraph (b) of subsection (5) of section
  467  381.0081, Florida Statutes, is reenacted to read:
  468         381.0081 Permit required to operate a migrant labor camp or
  469  residential migrant housing; penalties for unlawful
  470  establishment or operation; allocation of proceeds.—
  471         (5) SEIZURE.—
  472         (b) After satisfying any liens on the property, the
  473  remaining proceeds from the sale of the property seized under
  474  this section shall be allocated as follows if the department
  475  participated in the inspection or investigation leading to
  476  seizure and forfeiture under this section:
  477         1. One-third of the proceeds shall be allocated to the law
  478  enforcement agency involved in the seizure, to be used as
  479  provided in s. 932.7055.
  480         2. One-third of the proceeds shall be allocated to the
  481  department, to be used for purposes of enforcing the provisions
  482  of this section.
  483         3. One-third of the proceeds shall be deposited in the
  484  State Apartment Incentive Loan Fund, to be used for the purpose
  485  of providing funds to sponsors who provide housing for
  486  farmworkers.
  487         Section 12. For the purpose of incorporating the amendment
  488  made by this act to section 932.7055, Florida Statutes, in a
  489  reference thereto, paragraph (c) of subsection (2) of section
  490  895.09, Florida Statutes, is reenacted to read:
  491         895.09 Disposition of funds obtained through forfeiture
  492  proceedings.—
  493         (2)
  494         (c) Any funds distributed to an investigating law
  495  enforcement agency under paragraph (a) shall be deposited in the
  496  applicable law enforcement trust fund established for that
  497  agency pursuant to s. 932.7055 and expended for the purposes and
  498  in the manner authorized in that section. In addition, any funds
  499  distributed to an investigating law enforcement agency pursuant
  500  to this section may be used to pay the costs of investigations
  501  of violations of this chapter and the criminal prosecutions and
  502  civil actions related thereto, pursuant to s. 932.7055. Such
  503  costs may include all taxable costs; costs of protecting,
  504  maintaining, and forfeiting the property; employees’ base
  505  salaries and compensation for overtime; and such other costs
  506  directly attributable to the investigation, prosecution, or
  507  civil action.
  508         Section 13. For the purpose of incorporating the amendment
  509  made by this act to section 932.7055, Florida Statutes, in a
  510  reference thereto, paragraph (b) of subsection (6) of section
  511  932.703, Florida Statutes, is reenacted to read:
  512         932.703 Forfeiture of contraband article; exceptions.—
  513         (6)
  514         (b) A bona fide lienholder’s interest that has been
  515  perfected in the manner prescribed by law prior to the seizure
  516  may not be forfeited under the Florida Contraband Forfeiture Act
  517  unless the seizing agency establishes by a preponderance of the
  518  evidence that the lienholder had actual knowledge, at the time
  519  the lien was made, that the property was being employed or was
  520  likely to be employed in criminal activity. If a lienholder’s
  521  interest is not subject to forfeiture under the requirements of
  522  this section, such interest shall be preserved by the court by
  523  ordering the lienholder’s interest to be paid as provided in s.
  524  932.7055.
  525         Section 14. This act shall take effect July 1, 2015.