Florida Senate - 2009 SB 1860
By Senator Gelber
35-01723A-09 20091860__
1 A bill to be entitled
2 An act relating to the disposition of certain
3 forfeited property; amending s. 932.7055, F.S.;
4 requiring a county or municipal law enforcement agency
5 that acquires more than a specified amount under the
6 Florida Contraband Forfeiture Act within any one
7 fiscal year to transfer a certain percentage of the
8 proceeds to the State Attorney's Forfeiture and
9 Investigative Support Trust Fund of the state attorney
10 for the jurisdiction where the violation occurred;
11 reducing the amount acquired under the Florida
12 Contraband Forfeiture Act which the local law
13 enforcement agency is required to expend for drug
14 treatment, education, and prevention and other
15 activities; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (4) and paragraph (c) of subsection
20 (5) of section 932.7055, Florida Statutes, are amended to read:
21 932.7055 Disposition of liens and forfeited property.—
22 (4) The proceeds from the sale of forfeited property shall
23 be disbursed in the following priority:
24 (a) Payment of the balance due on any lien preserved by the
25 court in the forfeiture proceedings.
26 (b) Payment of the cost incurred by the seizing agency in
27 connection with the storage, maintenance, security, and
28 forfeiture of such property.
29 (c) Payment of court costs incurred in the forfeiture
30 proceeding.
31 (d) Effective July 1, 2009, and every fiscal year
32 thereafter, if the same act or related acts form the basis for a
33 felony arrest or prosecution following a violation of the
34 Florida Contraband Forfeiture Act and if the seizing agency is a
35 county or municipal law enforcement agency that acquires at
36 least $15,000 pursuant to the act within any one fiscal year,
37 the seizing agency shall transfer at least 10 percent of the
38 proceeds to the State Attorney's Forfeiture and Investigative
39 Support Trust Fund for the state attorney having jurisdiction of
40 the judicial circuit within which the violation occurred.
41 (e)(d) Notwithstanding any other provision of this
42 subsection, and for the 2008-2009 fiscal year only, the funds in
43 a special law enforcement trust fund established by the
44 governing body of a municipality may be expended to reimburse
45 the general fund of the municipality for moneys advanced from
46 the general fund to the special law enforcement trust fund prior
47 to October 1, 2001. This paragraph expires July 1, 2009.
48 (5)
49 (c) An agency or organization, other than the seizing
50 agency, that wishes to receive such funds shall apply to the
51 sheriff or chief of police for an appropriation and its
52 application shall be accompanied by a written certification that
53 the moneys will be used for an authorized purpose. Such requests
54 for expenditures shall include a statement describing
55 anticipated recurring costs for the agency for subsequent fiscal
56 years. An agency or organization that receives money pursuant to
57 this subsection shall provide an accounting for such moneys and
58 shall furnish the same reports as an agency of the county or
59 municipality that receives public funds. Such funds may be
60 expended in accordance with the following procedures:
61 1. Such funds may be used only for school resource officer,
62 crime prevention, safe neighborhood, drug abuse education, or
63 drug prevention programs or such other law enforcement purposes
64 as the board of county commissioners or governing body of the
65 municipality deems appropriate.
66 2. Such funds shall not be a source of revenue to meet
67 normal operating needs of the law enforcement agency.
68 3. After July 1, 1992, and during every fiscal year
69 thereafter, any local law enforcement agency that acquires at
70 least $15,000 pursuant to the Florida Contraband Forfeiture Act
71 within a fiscal year must expend or donate no less than 5 15
72 percent of such proceeds for the support or operation of any
73 drug treatment, drug abuse education, drug prevention, crime
74 prevention, safe neighborhood, or school resource officer
75 programs program(s). The local law enforcement agency has the
76 discretion to determine which programs program(s) will receive
77 the designated proceeds.
78 Notwithstanding the drug abuse education, drug treatment, drug
79 prevention, crime prevention, safe neighborhood, or school
80 resource officer minimum expenditures or donations, the sheriff
81 and the board of county commissioners or the chief of police and
82 the governing body of the municipality may agree to expend or
83 donate such funds over a period of years if the expenditure or
84 donation of such minimum amount in any given fiscal year would
85 exceed the needs of the county or municipality for such programs
86 program(s). Nothing in this section precludes the expenditure or
87 donation of forfeiture proceeds in excess of the minimum amounts
88 established herein.
89 Section 2. This act shall take effect July 1, 2009.