Florida Senate - 2018 CS for CS for SB 1678 By the Committees on Judiciary; and Criminal Justice; and Senator Stargel 590-03467-18 20181678c2 1 A bill to be entitled 2 An act relating to reports concerning seized or 3 forfeited property; amending s. 932.7061, F.S.; 4 revising the deadline for submitting an annual report 5 by law enforcement agencies concerning property seized 6 or forfeited under the Florida Contraband Forfeiture 7 Act; reenacting s. 932.7062, F.S., relating to a 8 penalty for noncompliance with reporting requirements, 9 to incorporate the amendment made to s. 932.7061, 10 F.S., in a reference thereto; providing an effective 11 date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsection (1) of section 932.7061, Florida 16 Statutes, is amended to read: 17 932.7061 Reporting seized property for forfeiture.— 18 (1) Every law enforcement agency shall submit an annual 19 report to the Department of Law Enforcement indicating whether 20 the agency has seized or forfeited property under the Florida 21 Contraband Forfeiture Act. A law enforcement agency receiving or 22 expending forfeited property or proceeds from the sale of 23 forfeited property in accordance with the Florida Contraband 24 Forfeiture Act shall submit a completed annual report by 25 December 1
October 10documenting the receipts and expenditures. 26 The report shall be submitted in an electronic form, maintained 27 by the Department of Law Enforcement in consultation with the 28 Office of Program Policy Analysis and Government Accountability, 29 to the entity that has budgetary authority over such agency and 30 to the Department of Law Enforcement. The annual report must, at 31 a minimum, specify the type, approximate value, court case 32 number, type of offense, disposition of property received, and 33 amount of any proceeds received or expended. 34 Section 2. For the purpose of incorporating the amendment 35 made by this act to section 932.7061, Florida Statutes, in a 36 reference thereto, section 932.7062, Florida Statutes, is 37 reenacted to read: 38 932.7062 Penalty for noncompliance with reporting 39 requirements.—A seizing agency that fails to comply with the 40 reporting requirements in s. 932.7061 is subject to a civil fine 41 of $5,000, to be determined by the Chief Financial Officer and 42 payable to the General Revenue Fund. However, such agency is not 43 subject to the fine if, within 60 days after receipt of written 44 notification from the Department of Law Enforcement of 45 noncompliance with the reporting requirements of the Florida 46 Contraband Forfeiture Act, the agency substantially complies 47 with those requirements. The Department of Law Enforcement shall 48 submit any substantial noncompliance to the office of Chief 49 Financial Officer, which shall be responsible for the 50 enforcement of this section. 51 Section 3. This act shall take effect July 1, 2018.