Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. PCS (808816) for CS for SB 1044
       
       
       
       
       
       
                                Ì797394TÎ797394                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/29/2016           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Fiscal Policy (Bradley) recommended the
       following:
       
    1         Senate Amendment to Amendment (681256) (with title
    2  amendment)
    3  
    4         Delete lines 20 - 54
    5  and insert:
    6  may be seized and shall be forfeited subject to the provisions
    7  of the Florida Contraband Forfeiture Act. A seizure may occur
    8  only if the owner of the property is arrested or if one or more
    9  of the following circumstances apply:
   10         1. The owner of the property cannot be identified after a
   11  diligent search;
   12         2. The owner of the property is a fugitive from justice or
   13  is deceased;
   14         3. An individual who does not own the property is arrested
   15  for the criminal violation that renders the property a
   16  contraband article and the owner of the property had actual
   17  knowledge of the criminal activity. Evidence that an owner
   18  received written notification from a law enforcement agency and
   19  acknowledged receipt of the notification in writing, that the
   20  seized asset had been used in violation of the Florida
   21  Contraband Forfeiture Act on a prior occasion by the arrested
   22  person, may be used to establish actual knowledge;
   23         4. The owner of the property agrees to be a confidential
   24  informant as defined in s. 914.28. The seizing agency may not
   25  use the threat of property seizure or forfeiture to coerce the
   26  owner of the property into entering a confidential informant
   27  agreement. The seizing agency shall return the property to the
   28  owner if criminal charges are not filed against the owner and
   29  the active criminal investigation ends or if the owner ceases
   30  being a confidential informant, unless the agency includes the
   31  final forfeiture of the property as a component of the
   32  confidential informant agreement; or
   33         5. The property is a monetary instrument. For purposes of
   34  this sub-subparagraph, the term “monetary instrument” means coin
   35  or currency of the United States or any other country; a
   36  traveler’s check; a personal check; a bank check; a cashier’s
   37  check; a money order; a bank draft of any country; an investment
   38  security or negotiable instrument in bearer form or in other
   39  form such that title passes upon delivery; a prepaid or stored
   40  value card or other device that is the equivalent of money and
   41  can be used to obtain cash, property, or services; or gold,
   42  silver, or platinum bullion or coins.
   43  
   44  ================= T I T L E  A M E N D M E N T ================
   45  And the title is amended as follows:
   46         Delete line 394
   47  and insert:
   48         property may be seized only under certain
   49         circumstances; defining the term “monetary
   50         instrument”;