Florida Senate - 2019                                    SB 1496
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-01399A-19                                          20191496__
    1                        A bill to be entitled                      
    2         An act relating to contraband forfeiture; creating s.
    3         932.7071, F.S.; prohibiting transfer of possession of
    4         property seized under state law to the Federal
    5         Government for the purpose of the property’s
    6         forfeiture under federal law under certain
    7         circumstances; providing guidelines relating to state
    8         participation in joint task forces which results in
    9         property seizures; providing construction; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 932.7071, Florida Statutes, is created
   15  to read:
   16         932.7071 Forfeiture adoption under federal law.—
   17         (1) PROHIBITION OF FEDERAL ADOPTION.—A local, county, or
   18  state law enforcement agency may not refer, transfer, or
   19  otherwise relinquish possession of property seized under state
   20  law to a federal agency by way of adoption of the seized
   21  property or other means by the federal agency for the purpose of
   22  the property’s forfeiture under the federal Controlled
   23  Substances Act, Pub. L. No. 91-513 Oct. 27, 1970, 21 U.S.C. ss.
   24  801 et seq.
   25         (2) JOINT TASK FORCES.—
   26         (a) In a case in which the aggregate net equity value of
   27  the property and currency seized is $100,000 or less, excluding
   28  the value of contraband, a local, county, or state law
   29  enforcement agency or a participant in a joint task force or
   30  other multijurisdictional collaboration with the Federal
   31  Government or an agency thereof shall transfer responsibility
   32  for the seized property to the state prosecuting authority for
   33  forfeiture under state law.
   34         (b) If the Federal Government prohibits the transfer of
   35  seized property and currency to the state prosecuting authority
   36  as required under paragraph (a) and instead requires that the
   37  property be transferred to the Federal Government for forfeiture
   38  under federal law, the agency is prohibited from accepting
   39  payment of any kind or distribution of forfeiture proceeds from
   40  the Federal Government.
   41         (c) Paragraphs (a) and (b) do not restrict an agency from
   42  transferring responsibility to the Federal Government for
   43  forfeiture of seized property and currency that has an aggregate
   44  net equity value of greater than $100,000, excluding the value
   45  of contraband.
   46         (3) NO CHANGE TO SEIZURE LAWS.—Subsections (1) and (2) do
   47  not restrict a local, county, or state law enforcement agent
   48  from seizing contraband or property if the agent would otherwise
   49  be lawfully permitted to do so.
   50         (4) FEDERAL GOVERNMENT.—Subsections (1) and (2) do not
   51  prohibit the Federal Government, acting without the involvement
   52  of local, county, or state law enforcement agents, from seizing
   53  property and seeking forfeiture under federal law.
   54         Section 2. This act shall take effect July 1, 2019.