Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 440
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/30/2015           .                                

       The Committee on Criminal Justice (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    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  obtaining 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 conduct a
   45  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 demonstrating 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 932.7061, Florida Statutes, is created
   67  to read:
   68         932.7061 Each state or local law enforcement agency that
   69  seizes property for the purpose of forfeiture must complete an
   70  annual report indicating whether that agency has received or
   71  forfeited property under this act. The report, to be submitted
   72  on a form designed by the law enforcement agency, must, at a
   73  minimum, specify the type of property, its approximate value,
   74  the court case number, the type of offense for which the
   75  property was seized, disposition of the property, and the dollar
   76  amount of the proceeds received or expended in seizing the
   77  property. This report must be kept on file with the seizing
   78  agency for public access.
   79         Section 4. Paragraph (a) of subsection (9) of section
   80  322.34, Florida Statutes, is amended to read:
   81         322.34 Driving while license suspended, revoked, canceled,
   82  or disqualified.—
   83         (9)(a) A motor vehicle that is driven by a person under the
   84  influence of alcohol or drugs in violation of s. 316.193 is
   85  subject to seizure and forfeiture under ss. 932.701-932.7061
   86  932.706 and is subject to liens for recovering, towing, or
   87  storing vehicles under s. 713.78 if, at the time of the offense,
   88  the person’s driver license is suspended, revoked, or canceled
   89  as a result of a prior conviction for driving under the
   90  influence.
   91         Section 5. Subsection (4) of section 323.001, Florida
   92  Statutes, is amended to read:
   93         323.001 Wrecker operator storage facilities; vehicle
   94  holds.—
   95         (4) The requirements for a written hold apply when the
   96  following conditions are present:
   97         (a) The officer has probable cause to believe the vehicle
   98  should be seized and forfeited under the Florida Contraband
   99  Forfeiture Act, ss. 932.701-932.7061 932.706;
  100         (b) The officer has probable cause to believe the vehicle
  101  should be seized and forfeited under chapter 379;
  102         (c) The officer has probable cause to believe the vehicle
  103  was used as the means of committing a crime;
  104         (d) The officer has probable cause to believe that the
  105  vehicle is itself evidence that tends to show that a crime has
  106  been committed or that the vehicle contains evidence, which
  107  cannot readily be removed, which tends to show that a crime has
  108  been committed;
  109         (e) The officer has probable cause to believe the vehicle
  110  was involved in a traffic accident resulting in death or
  111  personal injury and should be sealed for investigation and
  112  collection of evidence by a vehicular homicide investigator;
  113         (f) The vehicle is impounded or immobilized pursuant to s.
  114  316.193 or s. 322.34; or
  115         (g) The officer is complying with a court order.
  116         Section 6. Paragraph (b) of subsection (3) of section
  117  328.07, Florida Statutes, is amended to read:
  118         328.07 Hull identification number required.—
  119         (3)
  120         (b) If any of the hull identification numbers required by
  121  the United States Coast Guard for a vessel manufactured after
  122  October 31, 1972, do not exist or have been altered, removed,
  123  destroyed, covered, or defaced or the real identity of the
  124  vessel cannot be determined, the vessel may be seized as
  125  contraband property by a law enforcement agency or the division,
  126  and shall be subject to forfeiture pursuant to ss. 932.701
  127  932.7061 932.706. Such vessel may not be sold or operated on the
  128  waters of the state unless the division receives a request from
  129  a law enforcement agency providing adequate documentation or is
  130  directed by written order of a court of competent jurisdiction
  131  to issue to the vessel a replacement hull identification number
  132  which shall thereafter be used for identification purposes. No
  133  vessel shall be forfeited under the Florida Contraband
  134  Forfeiture Act when the owner unknowingly, inadvertently, or
  135  neglectfully altered, removed, destroyed, covered, or defaced
  136  the vessel hull identification number.
  137         Section 7. Paragraph (c) of subsection (2) of section
  138  817.625, Florida Statutes, is amended to read:
  139         817.625 Use of scanning device or reencoder to defraud;
  140  penalties.—
  141         (2)
  142         (c) Any person who violates subparagraph (a)1. or
  143  subparagraph (a)2. shall also be subject to the provisions of
  144  ss. 932.701-932.7061 932.706.
  145         Section 8. For the purpose of incorporating the amendment
  146  made by this act to section 932.704, Florida Statutes, in a
  147  reference thereto, section 27.3451, Florida Statutes, is
  148  reenacted to read:
  149         27.3451 State Attorney’s Forfeiture and Investigative
  150  Support Trust Fund.—There is created for each of the several
  151  state attorneys a trust fund to be known as the State Attorney’s
  152  Forfeiture and Investigative Support Trust Fund. Revenues
  153  received by a state attorney as a result of forfeiture
  154  proceedings, as provided under s. 932.704, shall be deposited in
  155  such trust fund and shall be used, when authorized by
  156  appropriation or action of the Executive Office of the Governor
  157  pursuant to s. 216.181(11), for the investigation of crime,
  158  prosecution of criminals, or other law enforcement purposes.
  159         Section 9. For the purpose of incorporating the amendment
  160  made by this act to section 932.704, Florida Statutes, in a
  161  reference thereto, section 874.08, Florida Statutes, is
  162  reenacted to read:
  163         874.08 Criminal gang activity and recruitment; forfeiture.
  164  All profits, proceeds, and instrumentalities of criminal gang
  165  activity and all property used or intended or attempted to be
  166  used to facilitate the criminal activity of any criminal gang or
  167  of any criminal gang member; and all profits, proceeds, and
  168  instrumentalities of criminal gang recruitment and all property
  169  used or intended or attempted to be used to facilitate criminal
  170  gang recruitment are subject to seizure and forfeiture under the
  171  Florida Contraband Forfeiture Act, s. 932.704.
  172         Section 10. This act shall take effect July 1, 2015.
  173  ================= T I T L E  A M E N D M E N T ================
  174  And the title is amended as follows:
  175         Delete everything before the enacting clause
  176  and insert:
  177                        A bill to be entitled                      
  178         An act relating to contraband forfeiture; amending s.
  179         932.701, F.S.; conforming a cross-reference to changes
  180         made by the act; amending s. 932.704, F.S.; requiring
  181         each state or local law enforcement agency that seizes
  182         property for the purpose of forfeiture to perform a
  183         specified periodic review at least annually;
  184         prohibiting certain compensation or benefit to any law
  185         enforcement officer from being dependent upon
  186         attaining a quota of seizures; requiring a seizing
  187         agency to have certain written policies, procedures,
  188         and training to comply with specified legal
  189         requirements; requiring the probable cause for seizure
  190         to be promptly reviewed by supervisory personnel;
  191         requiring the seizing agency’s legal counsel to be
  192         timely notified and conduct a specified review;
  193         requiring each seizing agency to have specified
  194         written policies and procedures for the prompt release
  195         of seized property under certain circumstances;
  196         requiring that settlement of any forfeiture actions be
  197         consistent with certain mandates and with the seizing
  198         agency’s policy or directives; requiring specified
  199         training and maintenance of records for such training;
  200         creating s. 932.7061, F.S.; requiring each state or
  201         local law enforcement agency that seizes property for
  202         the purpose of forfeiture to complete an annual
  203         report; requiring certain information to be included
  204         in the annual report; requiring the report to be kept
  205         on file with the seizing agency for public access;
  206         amending ss. 322.34, 323.001, 328.07, and 817.625,
  207         F.S.; conforming cross-references; reenacting ss.
  208         27.3451 and 874.08, F.S., relating to the State
  209         Attorney’s Forfeiture and Investigative Support Trust
  210         Fund, and criminal gang activity, recruitment, and
  211         forfeiture, respectively, to incorporate the amendment
  212         made to s. 932.704, F.S., in references thereto;
  213         providing an effective date.