Florida Senate - 2015                              CS for SB 440
       By the Committee on Criminal Justice; and Senator Bean
       591-03138-15                                           2015440c1
    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;
    8         prohibiting certain compensation or benefit to any law
    9         enforcement officer from being dependent upon
   10         attaining a quota of seizures; requiring a seizing
   11         agency to have certain written policies, procedures,
   12         and training to comply with specified legal
   13         requirements; requiring the probable cause for seizure
   14         to be promptly reviewed by supervisory personnel;
   15         requiring the seizing agency’s legal counsel to be
   16         timely notified and conduct a specified review;
   17         requiring each seizing agency to have specified
   18         written policies and procedures for the prompt release
   19         of seized property under certain circumstances;
   20         requiring that settlement of any forfeiture actions be
   21         consistent with certain mandates and with the seizing
   22         agency’s policy or directives; requiring specified
   23         training and maintenance of records for such training;
   24         creating s. 932.7061, F.S.; requiring each state or
   25         local law enforcement agency that seizes property for
   26         the purpose of forfeiture to complete an annual
   27         report; requiring certain information to be included
   28         in the annual report; requiring the report to be kept
   29         on file with the seizing agency for public access;
   30         amending ss. 322.34, 323.001, 328.07, and 817.625,
   31         F.S.; conforming cross-references; reenacting ss.
   32         27.3451 and 874.08, F.S., relating to the State
   33         Attorney’s Forfeiture and Investigative Support Trust
   34         Fund, and criminal gang activity, recruitment, and
   35         forfeiture, respectively, to incorporate the amendment
   36         made to s. 932.704, F.S., in references thereto;
   37         providing an effective date.
   39  Be It Enacted by the Legislature of the State of Florida:
   41         Section 1. Subsection (1) of section 932.701, Florida
   42  Statutes, is amended to read:
   43         932.701 Short title; definitions.—
   44         (1) Sections 932.701-932.7061 932.706 shall be known and
   45  may be cited as the “Florida Contraband Forfeiture Act.”
   46         Section 2. Subsection (11) of section 932.704, Florida
   47  Statutes, is amended to read:
   48         932.704 Forfeiture proceedings.—
   49         (11)(a) The Department of Law Enforcement, in consultation
   50  with the Florida Sheriffs Association and the Florida Police
   51  Chiefs Association, shall develop guidelines and training
   52  procedures to be used by state and local law enforcement
   53  agencies and state attorneys in implementing the Florida
   54  Contraband Forfeiture Act. Each state or local law enforcement
   55  agency that seizes property for the purpose of forfeiture shall
   56  periodically review seizures of assets made by the agency’s law
   57  enforcement officers, settlements, and forfeiture proceedings
   58  initiated by the agency, to determine whether such seizures,
   59  settlements, and forfeitures comply with the Florida Contraband
   60  Forfeiture Act and the guidelines adopted under this subsection.
   61  Such review must occur at least annually. If the review suggests
   62  deficiencies, the state or local law enforcement agency shall
   63  promptly move to ensure the agency’s compliance with this act.
   64         (b) The determination of whether an agency will file a
   65  civil forfeiture action must be the sole responsibility of the
   66  head of the agency or his or her designee.
   67         (c)(b) The determination of whether to seize currency must
   68  be made by supervisory personnel. The agency’s legal counsel
   69  must be notified as soon as possible.
   70         (d) The employment, salary, promotion, or other
   71  compensation of any law enforcement officer may not depend on
   72  obtaining a quota of seizures.
   73         (e) A seizing agency must ensure, through the use of
   74  written policies, procedures, and training, compliance with all
   75  applicable legal requirements regarding seizing, maintaining,
   76  and forfeiting property under this act.
   77         (f) When property is seized for forfeiture, the probable
   78  cause supporting the seizure must be promptly reviewed by
   79  supervisory personnel. The seizing agency’s legal counsel must
   80  be notified as soon as possible of all seizures and conduct a
   81  review to determine whether there is legal sufficiency to
   82  proceed with a forfeiture action.
   83         (g) Each seizing agency must have written policies and
   84  procedures promoting, when there is no other legitimate basis
   85  for holding seized property, the prompt release of such property
   86  as may be required by the act or by agency determination. To
   87  help assure that property is not wrongfully held after seizure,
   88  every law enforcement agency must have written policies and
   89  procedures ensuring that all asserted claims of interest in
   90  seized property are promptly reviewed for potential validity.
   91         (h) The settlement of any forfeiture action must be
   92  consistent with the mandates of this act and in compliance with
   93  agency policy or directives.
   94         (i) Law enforcement agency personnel involved in the
   95  seizure of property for forfeiture shall receive basic training
   96  and continuing education as required by this act. Each agency
   97  shall maintain records demonstrating every law enforcement
   98  officer’s compliance with these training requirements. A portion
   99  of such training must address the legal aspects of forfeiture,
  100  including, but not limited to, search and seizure and other
  101  constitutional considerations.
  102         Section 3. Section 932.7061, Florida Statutes, is created
  103  to read:
  104         932.7061 Each state or local law enforcement agency that
  105  seizes property for the purpose of forfeiture must complete an
  106  annual report indicating whether that agency has received or
  107  forfeited property under this act. The report, to be submitted
  108  on a form designed by the law enforcement agency, must, at a
  109  minimum, specify the type of property, its approximate value,
  110  the court case number, the type of offense for which the
  111  property was seized, disposition of the property, and the dollar
  112  amount of the proceeds received or expended in seizing the
  113  property. This report must be kept on file with the seizing
  114  agency for public access.
  115         Section 4. Paragraph (a) of subsection (9) of section
  116  322.34, Florida Statutes, is amended to read:
  117         322.34 Driving while license suspended, revoked, canceled,
  118  or disqualified.—
  119         (9)(a) A motor vehicle that is driven by a person under the
  120  influence of alcohol or drugs in violation of s. 316.193 is
  121  subject to seizure and forfeiture under ss. 932.701-932.7061
  122  932.706 and is subject to liens for recovering, towing, or
  123  storing vehicles under s. 713.78 if, at the time of the offense,
  124  the person’s driver license is suspended, revoked, or canceled
  125  as a result of a prior conviction for driving under the
  126  influence.
  127         Section 5. Subsection (4) of section 323.001, Florida
  128  Statutes, is amended to read:
  129         323.001 Wrecker operator storage facilities; vehicle
  130  holds.—
  131         (4) The requirements for a written hold apply when the
  132  following conditions are present:
  133         (a) The officer has probable cause to believe the vehicle
  134  should be seized and forfeited under the Florida Contraband
  135  Forfeiture Act, ss. 932.701-932.7061 932.706;
  136         (b) The officer has probable cause to believe the vehicle
  137  should be seized and forfeited under chapter 379;
  138         (c) The officer has probable cause to believe the vehicle
  139  was used as the means of committing a crime;
  140         (d) The officer has probable cause to believe that the
  141  vehicle is itself evidence that tends to show that a crime has
  142  been committed or that the vehicle contains evidence, which
  143  cannot readily be removed, which tends to show that a crime has
  144  been committed;
  145         (e) The officer has probable cause to believe the vehicle
  146  was involved in a traffic accident resulting in death or
  147  personal injury and should be sealed for investigation and
  148  collection of evidence by a vehicular homicide investigator;
  149         (f) The vehicle is impounded or immobilized pursuant to s.
  150  316.193 or s. 322.34; or
  151         (g) The officer is complying with a court order.
  152         Section 6. Paragraph (b) of subsection (3) of section
  153  328.07, Florida Statutes, is amended to read:
  154         328.07 Hull identification number required.—
  155         (3)
  156         (b) If any of the hull identification numbers required by
  157  the United States Coast Guard for a vessel manufactured after
  158  October 31, 1972, do not exist or have been altered, removed,
  159  destroyed, covered, or defaced or the real identity of the
  160  vessel cannot be determined, the vessel may be seized as
  161  contraband property by a law enforcement agency or the division,
  162  and shall be subject to forfeiture pursuant to ss. 932.701
  163  932.7061 932.706. Such vessel may not be sold or operated on the
  164  waters of the state unless the division receives a request from
  165  a law enforcement agency providing adequate documentation or is
  166  directed by written order of a court of competent jurisdiction
  167  to issue to the vessel a replacement hull identification number
  168  which shall thereafter be used for identification purposes. No
  169  vessel shall be forfeited under the Florida Contraband
  170  Forfeiture Act when the owner unknowingly, inadvertently, or
  171  neglectfully altered, removed, destroyed, covered, or defaced
  172  the vessel hull identification number.
  173         Section 7. Paragraph (c) of subsection (2) of section
  174  817.625, Florida Statutes, is amended to read:
  175         817.625 Use of scanning device or reencoder to defraud;
  176  penalties.—
  177         (2)
  178         (c) Any person who violates subparagraph (a)1. or
  179  subparagraph (a)2. shall also be subject to the provisions of
  180  ss. 932.701-932.7061 932.706.
  181         Section 8. For the purpose of incorporating the amendment
  182  made by this act to section 932.704, Florida Statutes, in a
  183  reference thereto, section 27.3451, Florida Statutes, is
  184  reenacted to read:
  185         27.3451 State Attorney’s Forfeiture and Investigative
  186  Support Trust Fund.—There is created for each of the several
  187  state attorneys a trust fund to be known as the State Attorney’s
  188  Forfeiture and Investigative Support Trust Fund. Revenues
  189  received by a state attorney as a result of forfeiture
  190  proceedings, as provided under s. 932.704, shall be deposited in
  191  such trust fund and shall be used, when authorized by
  192  appropriation or action of the Executive Office of the Governor
  193  pursuant to s. 216.181(11), for the investigation of crime,
  194  prosecution of criminals, or other law enforcement purposes.
  195         Section 9. For the purpose of incorporating the amendment
  196  made by this act to section 932.704, Florida Statutes, in a
  197  reference thereto, section 874.08, Florida Statutes, is
  198  reenacted to read:
  199         874.08 Criminal gang activity and recruitment; forfeiture.
  200  All profits, proceeds, and instrumentalities of criminal gang
  201  activity and all property used or intended or attempted to be
  202  used to facilitate the criminal activity of any criminal gang or
  203  of any criminal gang member; and all profits, proceeds, and
  204  instrumentalities of criminal gang recruitment and all property
  205  used or intended or attempted to be used to facilitate criminal
  206  gang recruitment are subject to seizure and forfeiture under the
  207  Florida Contraband Forfeiture Act, s. 932.704.
  208         Section 10. This act shall take effect July 1, 2015.