Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 1534
Ì907400jÎ907400
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/08/2015 .
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Appropriations Subcommittee on Criminal and Civil Justice
(Evers) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 33 - 240
4 and insert:
5 Section 1. Subsection (1) of section 932.701, Florida
6 Statutes, is amended to read:
7 932.701 Short title; definitions.—
8 (1) Sections 932.701-932.7061 932.706 shall be known and
9 may be cited as the “Florida Contraband Forfeiture Act.”
10 Section 2. Subsection (11) of section 932.704, Florida
11 Statutes, is amended to read:
12 932.704 Forfeiture proceedings.—
13 (11)(a) The Department of Law Enforcement, in consultation
14 with the Florida Sheriffs Association and the Florida Police
15 Chiefs Association, shall develop guidelines and training
16 procedures to be used by state and local law enforcement
17 agencies and state attorneys in implementing the Florida
18 Contraband Forfeiture Act. Each state or local law enforcement
19 agency that seizes property for the purpose of forfeiture shall
20 periodically review seizures of assets made by the agency’s law
21 enforcement officers, settlements, and forfeiture proceedings
22 initiated by the agency, to determine whether such seizures,
23 settlements, and forfeitures comply with the Florida Contraband
24 Forfeiture Act and the guidelines adopted under this subsection.
25 Such review must occur at least annually. If the review suggests
26 deficiencies, the state or local law enforcement agency shall
27 promptly move to ensure the agency’s compliance with this act.
28 (b) The determination of whether an agency will file a
29 civil forfeiture action must be the sole responsibility of the
30 head of the agency or his or her designee.
31 (c)(b) The determination of whether to seize currency must
32 be made by supervisory personnel. The agency’s legal counsel
33 must be notified as soon as possible.
34 (d) The employment, salary, promotion, or other
35 compensation of any law enforcement officer may not depend on
36 attaining a quota of seizures.
37 (e) A seizing agency must ensure, through the use of
38 written policies, procedures, and training, compliance with all
39 applicable legal requirements regarding seizing, maintaining,
40 and forfeiting property under this act.
41 (f) When property is seized for forfeiture, the probable
42 cause supporting the seizure must be promptly reviewed by
43 supervisory personnel. The seizing agency’s legal counsel must
44 be notified as soon as possible of all seizures and must conduct
45 a review to determine whether there is legal sufficiency to
46 proceed with a forfeiture action.
47 (g) Each seizing agency must have written policies and
48 procedures promoting, when there is no other legitimate basis
49 for holding seized property, the prompt release of such property
50 as may be required by the act or by agency determination. To
51 help assure that property is not wrongfully held after seizure,
52 every law enforcement agency must have written policies and
53 procedures ensuring that all asserted claims of interest in
54 seized property are promptly reviewed for potential validity.
55 (h) The settlement of any forfeiture action must be
56 consistent with the mandates of this act and in compliance with
57 agency policy or directives.
58 (i) Law enforcement agency personnel involved in the
59 seizure of property for forfeiture shall receive basic training
60 and continuing education as required by this act. Each agency
61 shall maintain records documenting every law enforcement
62 officer’s compliance with these training requirements. A portion
63 of such training must address the legal aspects of forfeiture,
64 including, but not limited to, search and seizure and other
65 constitutional considerations.
66 Section 3. Section 932.7055, Florida Statutes, is amended
67 to read:
68 932.7055 Disposition of liens and forfeited property.—
69 (1) When a seizing agency obtains a final judgment granting
70 forfeiture of real property or personal property, it may elect
71 to:
72 (a) Retain the property for the agency’s use;
73 (a)(b) Sell the property at public auction or by sealed bid
74 to the highest bidder, except for real property, which must
75 should be sold in a commercially reasonable manner after
76 appraisal by listing on the market; or
77 (b)(c) Salvage, trade, or transfer the property to any
78 public or nonprofit organization.
79 (2) Notwithstanding subsection (1), a seizing agency must
80 destroy any image and the medium on which the image is recorded,
81 including, but not limited to, a photograph, video tape,
82 diskette, compact disc, or fixed disk made in violation of s.
83 810.145 when the image and the medium on which it is recorded is
84 no longer needed for an official purpose. The agency may not
85 sell or retain any image.
86 (3) If the forfeited property is subject to a lien
87 preserved by the court as provided in s. 932.703(6)(b), the
88 agency shall:
89 (a) Sell the property with the proceeds being used towards
90 satisfaction of any liens; or
91 (b) Have the lien satisfied prior to taking any action
92 authorized by subsection (1).
93 (4) The proceeds from the sale of forfeited property shall
94 be disbursed in the following priority:
95 (a) Payment of the balance due on any lien preserved by the
96 court in the forfeiture proceedings.
97 (b) Payment of the cost incurred by the seizing agency in
98 connection with the storage, maintenance, security, and
99 forfeiture of such property.
100 (c) Payment of court costs incurred in the forfeiture
101 proceeding.
102 (d) Notwithstanding any other provision of this subsection,
103 and for the 2014-2015 fiscal year only, the funds in a special
104 law enforcement trust fund established by the governing body of
105 a municipality may be expended to reimburse the general fund of
106 the municipality for moneys advanced from the general fund to
107 the special law enforcement trust fund before October 1, 2001.
108 This paragraph expires July 1, 2015.
109 (5)(a) If the seizing agency is a county or municipal
110 agency, at least 50 percent of the remaining proceeds shall be
111 deposited into in a special law enforcement trust fund
112 established by the board of county commissioners or the
113 governing body of the municipality. Such proceeds and interest
114 earned therefrom shall be used for school resource officer,
115 crime prevention, safe neighborhood, or drug abuse education and
116 prevention programs. Any remaining proceeds shall be deposited
117 into the Crimes Compensation Trust Fund, or for other law
118 enforcement purposes, which include defraying the cost of
119 protracted or complex investigations, providing additional
120 equipment or expertise, purchasing automated external
121 defibrillators for use in law enforcement vehicles, and
122 providing matching funds to obtain federal grants. The proceeds
123 and interest may not be used to meet normal operating expenses
124 of the law enforcement agency.
125 (b) These funds may be expended upon request by the sheriff
126 to the board of county commissioners or by the chief of police
127 to the governing body of the municipality, accompanied by a
128 written certification that the request complies with the
129 provisions of this subsection, and only upon appropriation to
130 the sheriff’s office or police department by the board of county
131 commissioners or the governing body of the municipality.
132 (c) An agency or organization, other than the seizing
133 agency, which that wishes to receive such funds shall apply to
134 the sheriff or chief of police for an appropriation. The and its
135 application shall be accompanied by a written certification that
136 the moneys will be used for an authorized purpose. Such requests
137 for expenditures shall include a statement describing
138 anticipated recurring costs for the agency for subsequent fiscal
139 years. An agency or organization that receives money pursuant to
140 this subsection shall provide an accounting for such moneys and
141 shall furnish the same reports as an agency of the county or
142 municipality that receives public funds. Such funds may be
143 expended in accordance with the following procedures:
144 1. Such funds may be used only for school resource officer,
145 crime prevention, safe neighborhood, drug abuse education, or
146 drug prevention programs or such other law enforcement purposes
147 as the board of county commissioners or governing body of the
148 municipality deems appropriate.
149 2. Such funds shall not be a source of revenue to meet
150 normal operating needs of the law enforcement agency.
151 (d)3. After July 1, 1992, and During each every fiscal year
152 thereafter, any local law enforcement agency that acquires any
153 property or assets at least $15,000 pursuant to the Florida
154 Contraband Forfeiture Act within that a fiscal year must expend
155 or donate at least 50 no less than 15 percent of such proceeds
156 pursuant to the Florida Contraband Forfeiture Act for the
157 support or operation of any drug treatment, drug abuse
158 education, drug prevention, crime prevention, safe neighborhood,
159 or school resource officer programs program(s). An agency or
160 organization, other than the seizing agency, which wishes to
161 receive such funds must apply to the seizing local law
162 enforcement agency for an appropriation. Funding requests by
163 such agencies or organizations must be in writing and be
164 accompanied by a written certification stating that the moneys
165 will be used for an authorized purpose, detailing how the funds
166 will be used, and affirming that the expenditure will be used
167 for only the support of drug treatment, drug abuse education,
168 drug prevention, crime prevention, safe neighborhood, or school
169 resource officer programs. Such requests are public records as
170 defined in chapter 119. The local law enforcement agency has the
171 discretion to determine which programs program(s) will receive
172 the designated proceeds.
173 (e) Notwithstanding the drug abuse education, drug
174 treatment, drug prevention, crime prevention, safe neighborhood,
175 or school resource officer programs minimum expenditures or
176 donations, the sheriff and the board of county commissioners or
177 the chief of police and the governing body of the municipality
178 may agree to expend or donate such funds over a period of years
179 if the expenditure or donation of the such minimum amount in any
180 given fiscal year would exceed the needs of the county or
181 municipality for such programs program(s). Nothing in this
182 section precludes the expenditure or donation of forfeiture
183 proceeds in excess of the minimum amounts established herein.
184 (6) If the seizing agency is a state agency, all remaining
185 proceeds shall be deposited into the Crimes Compensation Trust
186 Fund General Revenue Fund. However, if the seizing agency is:
187 (a) The Department of Law Enforcement, the proceeds accrued
188 pursuant to the provisions of the Florida Contraband Forfeiture
189 Act shall be deposited into the Forfeiture and Investigative
190 Support Trust Fund as provided in s. 943.362 or into the
191 department’s Federal Law Enforcement Trust Fund as provided in
192 s. 943.365, as applicable.
193 (b) The Division of Alcoholic Beverages and Tobacco, the
194 proceeds accrued pursuant to the Florida Contraband Forfeiture
195 Act shall be deposited into the Alcoholic Beverage and Tobacco
196 Trust Fund or into the department’s Federal Law Enforcement
197 Trust Fund as provided in s. 561.027, as applicable.
198 (c) The Department of Highway Safety and Motor Vehicles,
199 the proceeds accrued pursuant to the Florida Contraband
200 Forfeiture Act shall be deposited into the Department of Highway
201 Safety and Motor Vehicles Law Enforcement Trust Fund as provided
202 in s. 932.705(1)(a) or into the department’s Federal Law
203 Enforcement Trust Fund as provided in s. 932.705(1)(b), as
204 applicable.
205 (d) The Fish and Wildlife Conservation Commission, the
206 proceeds accrued pursuant to the provisions of the Florida
207 Contraband Forfeiture Act shall be deposited into the State Game
208 Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or
209 into the Marine Resources Conservation Trust Fund as provided in
210 s. 379.337.
211 (e) A state attorney’s office acting within its judicial
212 circuit, the proceeds accrued pursuant to the provisions of the
213 Florida Contraband Forfeiture Act shall be deposited into the
214 State Attorney’s Forfeiture and Investigative Support Trust Fund
215 to be used for the investigation of crime and prosecution of
216 criminals within the judicial circuit.
217 (f) A school board security agency employing law
218 enforcement officers, the proceeds accrued pursuant to the
219 provisions of the Florida Contraband Forfeiture Act shall be
220 deposited into the School Board Law Enforcement Trust Fund.
221 (g) One of the State University System police departments
222 acting within the jurisdiction of its employing state
223 university, the proceeds accrued pursuant to the provisions of
224 the Florida Contraband Forfeiture Act shall be deposited into
225 that state university’s special law enforcement trust fund.
226 (h) The Department of Agriculture and Consumer Services,
227 the proceeds accrued pursuant to the Florida Contraband
228 Forfeiture Act shall be deposited into the General Inspection
229 Trust Fund or into the department’s Federal Law Enforcement
230 Trust Fund as provided in s. 570.205, as applicable.
231 (i) The Department of Military Affairs, the proceeds
232 accrued from federal forfeiture sharing pursuant to 21 U.S.C.
233 ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C.
234 s. 1616a shall be deposited into the Armory Board Trust Fund and
235 used for purposes authorized by such federal provisions based on
236 the department’s budgetary authority or into the department’s
237 Federal Law Enforcement Trust Fund as provided in s. 250.175, as
238 applicable.
239 (j) The Medicaid Fraud Control Unit of the Department of
240 Legal Affairs, the proceeds accrued pursuant to the provisions
241 of the Florida Contraband Forfeiture Act shall be deposited into
242 the Department of Legal Affairs Grants and Donations Trust Fund
243 to be used for investigation and prosecution of Medicaid fraud,
244 abuse, neglect, and other related cases by the Medicaid Fraud
245 Control Unit.
246 (k) The Division of State Fire Marshal in the Department of
247 Financial Services, the proceeds accrued under the Florida
248 Contraband Forfeiture Act shall be deposited into the Insurance
249 Regulatory Trust Fund to be used for the purposes of arson
250 suppression, arson investigation, and the funding of anti-arson
251 rewards.
252 (l) The Division of Insurance Fraud of the Department of
253 Financial Services, the proceeds accrued pursuant to the
254 provisions of the Florida Contraband Forfeiture Act shall be
255 deposited into the Insurance Regulatory Trust Fund as provided
256 in s. 626.9893 or into the Department of Financial Services’
257 Federal Law Enforcement Trust Fund as provided in s. 17.43, as
258 applicable.
259 (7) If more than one law enforcement agency is acting
260 substantially to effect the forfeiture, the court having
261 jurisdiction over the forfeiture proceedings shall, upon motion,
262 equitably distribute all proceeds and other property among the
263 seizing agencies.
264 (8) Upon the sale of any motor vehicle, vessel, aircraft,
265 real property, or other property requiring a title, the
266 appropriate agency shall issue a title certificate to the
267 purchaser. Upon the request of any law enforcement agency which
268 elects to retain titled property after forfeiture, the
269 appropriate state agency shall issue a title certificate for
270 such property to said law enforcement agency.
271 (9) A Neither the law enforcement agency, or nor the entity
272 having budgetary control over the law enforcement agency, may
273 not shall anticipate future forfeitures or the proceeds from
274 those forfeitures therefrom in the adoption and approval of the
275 agency’s budget for the law enforcement agency.
276 (10) A law enforcement agency participating in forfeiture
277 proceedings pursuant to this act shall submit a report to the
278 Department of Law Enforcement every 3 months detailing the items
279 seized through the forfeiture process and, if a final judgment
280 of forfeiture was issued for any seized property or assets, a
281 description of how the property or assets were disposed of.
282 Section 4. Section 932.7061, Florida Statutes, is created
283 to read:
284 932.7061 Each state or local law enforcement agency that
285 seizes property for the purpose of forfeiture must complete an
286 annual report indicating whether that agency has received or
287 forfeited property under this act. The report, to be submitted
288 on a form designed by the law enforcement agency, must, at a
289 minimum, specify the type of property, its approximate value,
290 the court case number, the type of offense for which the
291 property was seized, disposition of the property, and the dollar
292 amount of the proceeds received or expended in seizing the
293 property. This report must be kept on file with the seizing
294 agency for public access.
295 Section 5. Paragraph (a) of subsection (9) of section
296 322.34, Florida Statutes, is amended to read:
297 322.34 Driving while license suspended, revoked, canceled,
298 or disqualified.—
299 (9)(a) A motor vehicle that is driven by a person under the
300 influence of alcohol or drugs in violation of s. 316.193 is
301 subject to seizure and forfeiture under ss. 932.701-932.7061
302 932.706 and is subject to liens for recovering, towing, or
303 storing vehicles under s. 713.78 if, at the time of the offense,
304 the person’s driver license is suspended, revoked, or canceled
305 as a result of a prior conviction for driving under the
306 influence.
307 Section 6. Subsection (4) of section 323.001, Florida
308 Statutes, is amended to read:
309 323.001 Wrecker operator storage facilities; vehicle
310 holds.—
311 (4) The requirements for a written hold apply when the
312 following conditions are present:
313 (a) The officer has probable cause to believe the vehicle
314 should be seized and forfeited under the Florida Contraband
315 Forfeiture Act, ss. 932.701-932.7061 932.706;
316 (b) The officer has probable cause to believe the vehicle
317 should be seized and forfeited under chapter 379;
318 (c) The officer has probable cause to believe the vehicle
319 was used as the means of committing a crime;
320 (d) The officer has probable cause to believe that the
321 vehicle is itself evidence that tends to show that a crime has
322 been committed or that the vehicle contains evidence, which
323 cannot readily be removed, which tends to show that a crime has
324 been committed;
325 (e) The officer has probable cause to believe the vehicle
326 was involved in a traffic accident resulting in death or
327 personal injury and should be sealed for investigation and
328 collection of evidence by a vehicular homicide investigator;
329 (f) The vehicle is impounded or immobilized pursuant to s.
330 316.193 or s. 322.34; or
331 (g) The officer is complying with a court order.
332 Section 7. Paragraph (b) of subsection (3) of section
333 328.07, Florida Statutes, is amended to read:
334 328.07 Hull identification number required.—
335 (3)
336 (b) If any of the hull identification numbers required by
337 the United States Coast Guard for a vessel manufactured after
338 October 31, 1972, do not exist or have been altered, removed,
339 destroyed, covered, or defaced or the real identity of the
340 vessel cannot be determined, the vessel may be seized as
341 contraband property by a law enforcement agency or the division,
342 and shall be subject to forfeiture pursuant to ss. 932.701
343 932.7061 932.706. Such vessel may not be sold or operated on the
344 waters of the state unless the division receives a request from
345 a law enforcement agency providing adequate documentation or is
346 directed by written order of a court of competent jurisdiction
347 to issue to the vessel a replacement hull identification number
348 which shall thereafter be used for identification purposes. No
349 vessel shall be forfeited under the Florida Contraband
350 Forfeiture Act when the owner unknowingly, inadvertently, or
351 neglectfully altered, removed, destroyed, covered, or defaced
352 the vessel hull identification number.
353 Section 8. Paragraph (c) of subsection (2) of section
354 817.625, Florida Statutes, is amended to read:
355 817.625 Use of scanning device or reencoder to defraud;
356 penalties.—
357 (2)
358 (c) Any person who violates subparagraph (a)1. or
359 subparagraph (a)2. shall also be subject to the provisions of
360 ss. 932.701-932.7061 932.706.
361 Section 9. For the purpose of incorporating the amendment
362 made by this act to section 932.704, Florida Statutes, in a
363 reference thereto, section 27.3451, Florida Statutes, is
364 reenacted to read:
365 27.3451 State Attorney’s Forfeiture and Investigative
366 Support Trust Fund.—There is created for each of the several
367 state attorneys a trust fund to be known as the State Attorney’s
368 Forfeiture and Investigative Support Trust Fund. Revenues
369 received by a state attorney as a result of forfeiture
370 proceedings, as provided under s. 932.704, shall be deposited in
371 such trust fund and shall be used, when authorized by
372 appropriation or action of the Executive Office of the Governor
373 pursuant to s. 216.181(11), for the investigation of crime,
374 prosecution of criminals, or other law enforcement purposes.
375 Section 10. For the purpose of incorporating the amendment
376 made by this act to section 932.704, Florida Statutes, in a
377 reference thereto, section 874.08, Florida Statutes, is
378 reenacted to read:
379 874.08 Criminal gang activity and recruitment; forfeiture.
380 All profits, proceeds, and instrumentalities of criminal gang
381 activity and all property used or intended or attempted to be
382 used to facilitate the criminal activity of any criminal gang or
383 of any criminal gang member; and all profits, proceeds, and
384 instrumentalities of criminal gang recruitment and all property
385 used or intended or attempted to be used to facilitate criminal
386 gang recruitment are subject to seizure and forfeiture under the
387 Florida Contraband Forfeiture Act, s. 932.704.
388
389 ================= T I T L E A M E N D M E N T ================
390 And the title is amended as follows:
391 Delete lines 2 - 21
392 and insert:
393 An act relating to contraband forfeiture; amending s.
394 932.701, F.S.; conforming a cross-reference to changes
395 made by the act; amending s. 932.704, F.S.; requiring
396 each state or local law enforcement agency that seizes
397 property for the purpose of forfeiture to perform a
398 specified periodic review at least annually and
399 address deficiencies to ensure compliance with this
400 act; prohibiting certain compensation or benefit to
401 any law enforcement officer from being dependent upon
402 attaining a quota of seizures; requiring a seizing
403 agency to have certain written policies, procedures,
404 and training to comply with specified legal
405 requirements; requiring the probable cause for seizure
406 to be promptly reviewed by supervisory personnel;
407 requiring the seizing agency’s legal counsel to be
408 timely notified and to conduct a specified review;
409 requiring each seizing agency to have specified
410 written policies and procedures for the prompt release
411 of seized property under certain circumstances;
412 requiring that settlement of any forfeiture actions be
413 consistent with certain mandates and with the seizing
414 agency’s policy or directives; requiring specified
415 training and maintenance of records for such training;
416 amending s. 932.7055, F.S.; deleting a provision
417 authorizing a seizing agency to retain seized property
418 for its use; deleting an obsolete provision; revising
419 the distribution and the use of proceeds from the
420 sales of forfeited property seized by a county or
421 municipal agency; authorizing an agency or
422 organization, other than a seizing agency, to apply
423 for funds from specified proceeds; requiring that
424 funding requests be made in writing and include a
425 certification that the expenditure meets certain
426 requirements; specifying that such requests are public
427 records; deleting a provision relating to certain
428 expenditure or donation of forfeiture proceeds;
429 requiring certain proceeds to be deposited into the
430 Crimes Compensation Trust Fund, rather than the
431 General Revenue Fund; deleting provisions that exempt
432 certain state agencies from depositing proceeds from
433 seizures into the General Revenue Fund; requiring a
434 law enforcement agency participating in certain
435 forfeiture proceedings to submit a report to the
436 Department of Law Enforcement on a periodic basis
437 detailing specified information; making technical
438 changes; creating s. 932.7061, F.S.; requiring each
439 state or local law enforcement agency that seizes
440 property for the purpose of forfeiture to complete an
441 annual report; requiring certain information to be
442 included in the annual report; requiring the report to
443 be kept on file with the seizing agency for public
444 access; amending ss. 322.34, 323.001, 328.07, and
445 817.625, F.S.; conforming cross-references; reenacting
446 ss. 27.3451 and 874.08, F.S., relating to the State
447 Attorney’s Forfeiture and Investigative Support Trust
448 Fund, and criminal gang activity, recruitment, and
449 forfeiture, respectively, to incorporate the amendment
450 made to s. 932.704, F.S., in references thereto;
451 reenacting ss. 381.0081(5)(b),