Florida Senate - 2015                             CS for SB 1534
       
       
        
       By the Committee on Appropriations; and Senator Brandes
       
       
       
       
       
       576-04255-15                                          20151534c1
    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 and
    8         address deficiencies to ensure compliance with this
    9         act; prohibiting certain compensation or benefit to
   10         any law enforcement officer from being dependent upon
   11         attaining a quota of seizures; requiring a seizing
   12         agency to have certain written policies, procedures,
   13         and training to comply with specified legal
   14         requirements; requiring the probable cause for seizure
   15         to be promptly reviewed by supervisory personnel;
   16         requiring the seizing agency’s legal counsel to be
   17         timely notified and to conduct a specified review;
   18         requiring each seizing agency to have specified
   19         written policies and procedures for the prompt release
   20         of seized property under certain circumstances;
   21         requiring that settlement of any forfeiture actions be
   22         consistent with certain mandates and with the seizing
   23         agency’s policy or directives; requiring specified
   24         training and maintenance of records for such training;
   25         amending s. 932.7055, F.S.; deleting a provision
   26         authorizing a seizing agency to retain seized property
   27         for its use; deleting an obsolete provision; requiring
   28         a law enforcement agency participating in certain
   29         forfeiture proceedings to submit a report to the
   30         Department of Law Enforcement on a periodic basis
   31         detailing specified information; making technical
   32         changes; creating s. 932.7061, F.S.; requiring each
   33         state or local law enforcement agency that seizes
   34         property for the purpose of forfeiture to complete an
   35         annual report; requiring certain information to be
   36         included in the annual report; requiring the report to
   37         be kept on file with the seizing agency for public
   38         access; amending ss. 322.34, 323.001, 328.07, and
   39         817.625, F.S.; conforming cross-references; reenacting
   40         ss. 27.3451 and 874.08, F.S., relating to the State
   41         Attorney’s Forfeiture and Investigative Support Trust
   42         Fund, and criminal gang activity, recruitment, and
   43         forfeiture, respectively, to incorporate the amendment
   44         made to s. 932.704, F.S., in references thereto;
   45         reenacting ss. 381.0081(5)(b), 895.09(2)(c), and
   46         932.703(6)(b), F.S., relating to the allocations of
   47         proceeds from the sales of property in a migrant labor
   48         camp or residential migrant housing, the disposition
   49         of funds obtained through forfeiture proceedings, and
   50         the forfeiture of contraband articles, respectively,
   51         to incorporate the amendment made to s. 932.7055,
   52         F.S., in references thereto; providing an effective
   53         date.
   54          
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Subsection (1) of section 932.701, Florida
   58  Statutes, is amended to read:
   59         932.701 Short title; definitions.—
   60         (1) Sections 932.701-932.7061 932.706 shall be known and
   61  may be cited as the “Florida Contraband Forfeiture Act.”
   62         Section 2. Subsection (11) of section 932.704, Florida
   63  Statutes, is amended to read:
   64         932.704 Forfeiture proceedings.—
   65         (11)(a) The Department of Law Enforcement, in consultation
   66  with the Florida Sheriffs Association and the Florida Police
   67  Chiefs Association, shall develop guidelines and training
   68  procedures to be used by state and local law enforcement
   69  agencies and state attorneys in implementing the Florida
   70  Contraband Forfeiture Act. Each state or local law enforcement
   71  agency that seizes property for the purpose of forfeiture shall
   72  periodically review seizures of assets made by the agency’s law
   73  enforcement officers, settlements, and forfeiture proceedings
   74  initiated by the agency, to determine whether such seizures,
   75  settlements, and forfeitures comply with the Florida Contraband
   76  Forfeiture Act and the guidelines adopted under this subsection.
   77  Such review must occur at least annually. If the review suggests
   78  deficiencies, the state or local law enforcement agency shall
   79  promptly move to ensure the agency’s compliance with this act.
   80         (b) The determination of whether an agency will file a
   81  civil forfeiture action must be the sole responsibility of the
   82  head of the agency or his or her designee.
   83         (c)(b) The determination of whether to seize currency must
   84  be made by supervisory personnel. The agency’s legal counsel
   85  must be notified as soon as possible.
   86         (d) The employment, salary, promotion, or other
   87  compensation of any law enforcement officer may not depend on
   88  attaining a quota of seizures.
   89         (e) A seizing agency must ensure, through the use of
   90  written policies, procedures, and training, compliance with all
   91  applicable legal requirements regarding seizing, maintaining,
   92  and forfeiting property under this act.
   93         (f) When property is seized for forfeiture, the probable
   94  cause supporting the seizure must be promptly reviewed by
   95  supervisory personnel. The seizing agency’s legal counsel must
   96  be notified as soon as possible of all seizures and must conduct
   97  a review to determine whether there is legal sufficiency to
   98  proceed with a forfeiture action.
   99         (g) Each seizing agency must have written policies and
  100  procedures promoting, when there is no other legitimate basis
  101  for holding seized property, the prompt release of such property
  102  as may be required by the act or by agency determination. To
  103  help assure that property is not wrongfully held after seizure,
  104  every law enforcement agency must have written policies and
  105  procedures ensuring that all asserted claims of interest in
  106  seized property are promptly reviewed for potential validity.
  107         (h) The settlement of any forfeiture action must be
  108  consistent with the mandates of this act and in compliance with
  109  agency policy or directives.
  110         (i) Law enforcement agency personnel involved in the
  111  seizure of property for forfeiture shall receive basic training
  112  and continuing education as required by this act. Each agency
  113  shall maintain records documenting every law enforcement
  114  officer’s compliance with these training requirements. A portion
  115  of such training must address the legal aspects of forfeiture,
  116  including, but not limited to, search and seizure and other
  117  constitutional considerations.
  118         Section 3. Section 932.7055, Florida Statutes, is amended
  119  to read:
  120         932.7055 Disposition of liens and forfeited property.—
  121         (1) When a seizing agency obtains a final judgment granting
  122  forfeiture of real property or personal property, it may elect
  123  to:
  124         (a) Retain the property for the agency’s use;
  125         (a)(b) Sell the property at public auction or by sealed bid
  126  to the highest bidder, except for real property, which must
  127  should be sold in a commercially reasonable manner after
  128  appraisal by listing on the market; or
  129         (b)(c) Salvage, trade, or transfer the property to any
  130  public or nonprofit organization.
  131         (2) Notwithstanding subsection (1), a seizing agency must
  132  destroy any image and the medium on which the image is recorded,
  133  including, but not limited to, a photograph, video tape,
  134  diskette, compact disc, or fixed disk made in violation of s.
  135  810.145 when the image and the medium on which it is recorded is
  136  no longer needed for an official purpose. The agency may not
  137  sell or retain any image.
  138         (3) If the forfeited property is subject to a lien
  139  preserved by the court as provided in s. 932.703(6)(b), the
  140  agency shall:
  141         (a) Sell the property with the proceeds being used towards
  142  satisfaction of any liens; or
  143         (b) Have the lien satisfied prior to taking any action
  144  authorized by subsection (1).
  145         (4) The proceeds from the sale of forfeited property shall
  146  be disbursed in the following priority:
  147         (a) Payment of the balance due on any lien preserved by the
  148  court in the forfeiture proceedings.
  149         (b) Payment of the cost incurred by the seizing agency in
  150  connection with the storage, maintenance, security, and
  151  forfeiture of such property.
  152         (c) Payment of court costs incurred in the forfeiture
  153  proceeding.
  154         (d) Notwithstanding any other provision of this subsection,
  155  and for the 2014-2015 fiscal year only, the funds in a special
  156  law enforcement trust fund established by the governing body of
  157  a municipality may be expended to reimburse the general fund of
  158  the municipality for moneys advanced from the general fund to
  159  the special law enforcement trust fund before October 1, 2001.
  160  This paragraph expires July 1, 2015.
  161         (5)(a) If the seizing agency is a county or municipal
  162  agency, the remaining proceeds shall be deposited in a special
  163  law enforcement trust fund established by the board of county
  164  commissioners or the governing body of the municipality. Such
  165  proceeds and interest earned therefrom shall be used for school
  166  resource officer, crime prevention, safe neighborhood, drug
  167  abuse education and prevention programs, or for other law
  168  enforcement purposes, which include defraying the cost of
  169  protracted or complex investigations, providing additional
  170  equipment or expertise, purchasing automated external
  171  defibrillators for use in law enforcement vehicles, and
  172  providing matching funds to obtain federal grants. The proceeds
  173  and interest may not be used to meet normal operating expenses
  174  of the law enforcement agency.
  175         (b) These funds may be expended upon request by the sheriff
  176  to the board of county commissioners or by the chief of police
  177  to the governing body of the municipality, accompanied by a
  178  written certification that the request complies with the
  179  provisions of this subsection, and only upon appropriation to
  180  the sheriff’s office or police department by the board of county
  181  commissioners or the governing body of the municipality.
  182         (c) An agency or organization, other than the seizing
  183  agency, that wishes to receive such funds shall apply to the
  184  sheriff or chief of police for an appropriation and its
  185  application shall be accompanied by a written certification that
  186  the moneys will be used for an authorized purpose. Such requests
  187  for expenditures shall include a statement describing
  188  anticipated recurring costs for the agency for subsequent fiscal
  189  years. An agency or organization that receives money pursuant to
  190  this subsection shall provide an accounting for such moneys and
  191  shall furnish the same reports as an agency of the county or
  192  municipality that receives public funds. Such funds may be
  193  expended in accordance with the following procedures:
  194         1. Such funds may be used only for school resource officer,
  195  crime prevention, safe neighborhood, drug abuse education, or
  196  drug prevention programs or such other law enforcement purposes
  197  as the board of county commissioners or governing body of the
  198  municipality deems appropriate.
  199         2. Such funds shall not be a source of revenue to meet
  200  normal operating needs of the law enforcement agency.
  201         3. After July 1, 1992, and during every fiscal year
  202  thereafter, any local law enforcement agency that acquires at
  203  least $15,000 pursuant to the Florida Contraband Forfeiture Act
  204  within a fiscal year must expend or donate no less than 15
  205  percent of such proceeds for the support or operation of any
  206  drug treatment, drug abuse education, drug prevention, crime
  207  prevention, safe neighborhood, or school resource officer
  208  program(s). The local law enforcement agency has the discretion
  209  to determine which program(s) will receive the designated
  210  proceeds.
  211  
  212  Notwithstanding the drug abuse education, drug treatment, drug
  213  prevention, crime prevention, safe neighborhood, or school
  214  resource officer minimum expenditures or donations, the sheriff
  215  and the board of county commissioners or the chief of police and
  216  the governing body of the municipality may agree to expend or
  217  donate such funds over a period of years if the expenditure or
  218  donation of such minimum amount in any given fiscal year would
  219  exceed the needs of the county or municipality for such
  220  program(s). Nothing in this section precludes the expenditure or
  221  donation of forfeiture proceeds in excess of the minimum amounts
  222  established herein.
  223         (6) If the seizing agency is a state agency, all remaining
  224  proceeds shall be deposited into the General Revenue Fund.
  225  However, if the seizing agency is:
  226         (a) The Department of Law Enforcement, the proceeds accrued
  227  pursuant to the provisions of the Florida Contraband Forfeiture
  228  Act shall be deposited into the Forfeiture and Investigative
  229  Support Trust Fund as provided in s. 943.362 or into the
  230  department’s Federal Law Enforcement Trust Fund as provided in
  231  s. 943.365, as applicable.
  232         (b) The Division of Alcoholic Beverages and Tobacco, the
  233  proceeds accrued pursuant to the Florida Contraband Forfeiture
  234  Act shall be deposited into the Alcoholic Beverage and Tobacco
  235  Trust Fund or into the department’s Federal Law Enforcement
  236  Trust Fund as provided in s. 561.027, as applicable.
  237         (c) The Department of Highway Safety and Motor Vehicles,
  238  the proceeds accrued pursuant to the Florida Contraband
  239  Forfeiture Act shall be deposited into the Department of Highway
  240  Safety and Motor Vehicles Law Enforcement Trust Fund as provided
  241  in s. 932.705(1)(a) or into the department’s Federal Law
  242  Enforcement Trust Fund as provided in s. 932.705(1)(b), as
  243  applicable.
  244         (d) The Fish and Wildlife Conservation Commission, the
  245  proceeds accrued pursuant to the provisions of the Florida
  246  Contraband Forfeiture Act shall be deposited into the State Game
  247  Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or
  248  into the Marine Resources Conservation Trust Fund as provided in
  249  s. 379.337.
  250         (e) A state attorney’s office acting within its judicial
  251  circuit, the proceeds accrued pursuant to the provisions of the
  252  Florida Contraband Forfeiture Act shall be deposited into the
  253  State Attorney’s Forfeiture and Investigative Support Trust Fund
  254  to be used for the investigation of crime and prosecution of
  255  criminals within the judicial circuit.
  256         (f) A school board security agency employing law
  257  enforcement officers, the proceeds accrued pursuant to the
  258  provisions of the Florida Contraband Forfeiture Act shall be
  259  deposited into the School Board Law Enforcement Trust Fund.
  260         (g) One of the State University System police departments
  261  acting within the jurisdiction of its employing state
  262  university, the proceeds accrued pursuant to the provisions of
  263  the Florida Contraband Forfeiture Act shall be deposited into
  264  that state university’s special law enforcement trust fund.
  265         (h) The Department of Agriculture and Consumer Services,
  266  the proceeds accrued pursuant to the Florida Contraband
  267  Forfeiture Act shall be deposited into the General Inspection
  268  Trust Fund or into the department’s Federal Law Enforcement
  269  Trust Fund as provided in s. 570.205, as applicable.
  270         (i) The Department of Military Affairs, the proceeds
  271  accrued from federal forfeiture sharing pursuant to 21 U.S.C.
  272  ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C.
  273  s. 1616a shall be deposited into the Armory Board Trust Fund and
  274  used for purposes authorized by such federal provisions based on
  275  the department’s budgetary authority or into the department’s
  276  Federal Law Enforcement Trust Fund as provided in s. 250.175, as
  277  applicable.
  278         (j) The Medicaid Fraud Control Unit of the Department of
  279  Legal Affairs, the proceeds accrued pursuant to the provisions
  280  of the Florida Contraband Forfeiture Act shall be deposited into
  281  the Department of Legal Affairs Grants and Donations Trust Fund
  282  to be used for investigation and prosecution of Medicaid fraud,
  283  abuse, neglect, and other related cases by the Medicaid Fraud
  284  Control Unit.
  285         (k) The Division of State Fire Marshal in the Department of
  286  Financial Services, the proceeds accrued under the Florida
  287  Contraband Forfeiture Act shall be deposited into the Insurance
  288  Regulatory Trust Fund to be used for the purposes of arson
  289  suppression, arson investigation, and the funding of anti-arson
  290  rewards.
  291         (l) The Division of Insurance Fraud of the Department of
  292  Financial Services, the proceeds accrued pursuant to the
  293  provisions of the Florida Contraband Forfeiture Act shall be
  294  deposited into the Insurance Regulatory Trust Fund as provided
  295  in s. 626.9893 or into the Department of Financial Services’
  296  Federal Law Enforcement Trust Fund as provided in s. 17.43, as
  297  applicable.
  298         (7) If more than one law enforcement agency is acting
  299  substantially to effect the forfeiture, the court having
  300  jurisdiction over the forfeiture proceedings shall, upon motion,
  301  equitably distribute all proceeds and other property among the
  302  seizing agencies.
  303         (8) Upon the sale of any motor vehicle, vessel, aircraft,
  304  real property, or other property requiring a title, the
  305  appropriate agency shall issue a title certificate to the
  306  purchaser. Upon the request of any law enforcement agency which
  307  elects to retain titled property after forfeiture, the
  308  appropriate state agency shall issue a title certificate for
  309  such property to said law enforcement agency.
  310         (9) A Neither the law enforcement agency, or nor the entity
  311  having budgetary control over the law enforcement agency, may
  312  not shall anticipate future forfeitures or the proceeds from
  313  those forfeitures therefrom in the adoption and approval of the
  314  agency’s budget for the law enforcement agency.
  315         (10) A law enforcement agency participating in forfeiture
  316  proceedings pursuant to this act shall submit a report to the
  317  Department of Law Enforcement every 3 months detailing the items
  318  seized through the forfeiture process and, if a final judgment
  319  of forfeiture was issued for any seized property or assets, a
  320  description of how the property or assets were disposed of.
  321         Section 4. Section 932.7061, Florida Statutes, is created
  322  to read:
  323         932.7061 Each state or local law enforcement agency that
  324  seizes property for the purpose of forfeiture must complete an
  325  annual report indicating whether that agency has received or
  326  forfeited property under this act. The report, to be submitted
  327  on a form designed by the law enforcement agency, must, at a
  328  minimum, specify the type of property, its approximate value,
  329  the court case number, the type of offense for which the
  330  property was seized, disposition of the property, and the dollar
  331  amount of the proceeds received or expended in seizing the
  332  property. This report must be kept on file with the seizing
  333  agency for public access.
  334         Section 5. Paragraph (a) of subsection (9) of section
  335  322.34, Florida Statutes, is amended to read:
  336         322.34 Driving while license suspended, revoked, canceled,
  337  or disqualified.—
  338         (9)(a) A motor vehicle that is driven by a person under the
  339  influence of alcohol or drugs in violation of s. 316.193 is
  340  subject to seizure and forfeiture under ss. 932.701-932.7061
  341  932.706 and is subject to liens for recovering, towing, or
  342  storing vehicles under s. 713.78 if, at the time of the offense,
  343  the person’s driver license is suspended, revoked, or canceled
  344  as a result of a prior conviction for driving under the
  345  influence.
  346         Section 6. Subsection (4) of section 323.001, Florida
  347  Statutes, is amended to read:
  348         323.001 Wrecker operator storage facilities; vehicle
  349  holds.—
  350         (4) The requirements for a written hold apply when the
  351  following conditions are present:
  352         (a) The officer has probable cause to believe the vehicle
  353  should be seized and forfeited under the Florida Contraband
  354  Forfeiture Act, ss. 932.701-932.7061 932.706;
  355         (b) The officer has probable cause to believe the vehicle
  356  should be seized and forfeited under chapter 379;
  357         (c) The officer has probable cause to believe the vehicle
  358  was used as the means of committing a crime;
  359         (d) The officer has probable cause to believe that the
  360  vehicle is itself evidence that tends to show that a crime has
  361  been committed or that the vehicle contains evidence, which
  362  cannot readily be removed, which tends to show that a crime has
  363  been committed;
  364         (e) The officer has probable cause to believe the vehicle
  365  was involved in a traffic accident resulting in death or
  366  personal injury and should be sealed for investigation and
  367  collection of evidence by a vehicular homicide investigator;
  368         (f) The vehicle is impounded or immobilized pursuant to s.
  369  316.193 or s. 322.34; or
  370         (g) The officer is complying with a court order.
  371         Section 7. Paragraph (b) of subsection (3) of section
  372  328.07, Florida Statutes, is amended to read:
  373         328.07 Hull identification number required.—
  374         (3)
  375         (b) If any of the hull identification numbers required by
  376  the United States Coast Guard for a vessel manufactured after
  377  October 31, 1972, do not exist or have been altered, removed,
  378  destroyed, covered, or defaced or the real identity of the
  379  vessel cannot be determined, the vessel may be seized as
  380  contraband property by a law enforcement agency or the division,
  381  and shall be subject to forfeiture pursuant to ss. 932.701
  382  932.7061 932.706. Such vessel may not be sold or operated on the
  383  waters of the state unless the division receives a request from
  384  a law enforcement agency providing adequate documentation or is
  385  directed by written order of a court of competent jurisdiction
  386  to issue to the vessel a replacement hull identification number
  387  which shall thereafter be used for identification purposes. No
  388  vessel shall be forfeited under the Florida Contraband
  389  Forfeiture Act when the owner unknowingly, inadvertently, or
  390  neglectfully altered, removed, destroyed, covered, or defaced
  391  the vessel hull identification number.
  392         Section 8. Paragraph (c) of subsection (2) of section
  393  817.625, Florida Statutes, is amended to read:
  394         817.625 Use of scanning device or reencoder to defraud;
  395  penalties.—
  396         (2)
  397         (c) Any person who violates subparagraph (a)1. or
  398  subparagraph (a)2. shall also be subject to the provisions of
  399  ss. 932.701-932.7061 932.706.
  400         Section 9. For the purpose of incorporating the amendment
  401  made by this act to section 932.704, Florida Statutes, in a
  402  reference thereto, section 27.3451, Florida Statutes, is
  403  reenacted to read:
  404         27.3451 State Attorney’s Forfeiture and Investigative
  405  Support Trust Fund.—There is created for each of the several
  406  state attorneys a trust fund to be known as the State Attorney’s
  407  Forfeiture and Investigative Support Trust Fund. Revenues
  408  received by a state attorney as a result of forfeiture
  409  proceedings, as provided under s. 932.704, shall be deposited in
  410  such trust fund and shall be used, when authorized by
  411  appropriation or action of the Executive Office of the Governor
  412  pursuant to s. 216.181(11), for the investigation of crime,
  413  prosecution of criminals, or other law enforcement purposes.
  414         Section 10. For the purpose of incorporating the amendment
  415  made by this act to section 932.704, Florida Statutes, in a
  416  reference thereto, section 874.08, Florida Statutes, is
  417  reenacted to read:
  418         874.08 Criminal gang activity and recruitment; forfeiture.
  419  All profits, proceeds, and instrumentalities of criminal gang
  420  activity and all property used or intended or attempted to be
  421  used to facilitate the criminal activity of any criminal gang or
  422  of any criminal gang member; and all profits, proceeds, and
  423  instrumentalities of criminal gang recruitment and all property
  424  used or intended or attempted to be used to facilitate criminal
  425  gang recruitment are subject to seizure and forfeiture under the
  426  Florida Contraband Forfeiture Act, s. 932.704.
  427         Section 11. For the purpose of incorporating the amendment
  428  made by this act to section 932.7055, Florida Statutes, in a
  429  reference thereto, paragraph (b) of subsection (5) of section
  430  381.0081, Florida Statutes, is reenacted to read:
  431         381.0081 Permit required to operate a migrant labor camp or
  432  residential migrant housing; penalties for unlawful
  433  establishment or operation; allocation of proceeds.—
  434         (5) SEIZURE.—
  435         (b) After satisfying any liens on the property, the
  436  remaining proceeds from the sale of the property seized under
  437  this section shall be allocated as follows if the department
  438  participated in the inspection or investigation leading to
  439  seizure and forfeiture under this section:
  440         1. One-third of the proceeds shall be allocated to the law
  441  enforcement agency involved in the seizure, to be used as
  442  provided in s. 932.7055.
  443         2. One-third of the proceeds shall be allocated to the
  444  department, to be used for purposes of enforcing the provisions
  445  of this section.
  446         3. One-third of the proceeds shall be deposited in the
  447  State Apartment Incentive Loan Fund, to be used for the purpose
  448  of providing funds to sponsors who provide housing for
  449  farmworkers.
  450         Section 12. For the purpose of incorporating the amendment
  451  made by this act to section 932.7055, Florida Statutes, in a
  452  reference thereto, paragraph (c) of subsection (2) of section
  453  895.09, Florida Statutes, is reenacted to read:
  454         895.09 Disposition of funds obtained through forfeiture
  455  proceedings.—
  456         (2)
  457         (c) Any funds distributed to an investigating law
  458  enforcement agency under paragraph (a) shall be deposited in the
  459  applicable law enforcement trust fund established for that
  460  agency pursuant to s. 932.7055 and expended for the purposes and
  461  in the manner authorized in that section. In addition, any funds
  462  distributed to an investigating law enforcement agency pursuant
  463  to this section may be used to pay the costs of investigations
  464  of violations of this chapter and the criminal prosecutions and
  465  civil actions related thereto, pursuant to s. 932.7055. Such
  466  costs may include all taxable costs; costs of protecting,
  467  maintaining, and forfeiting the property; employees’ base
  468  salaries and compensation for overtime; and such other costs
  469  directly attributable to the investigation, prosecution, or
  470  civil action.
  471         Section 13. For the purpose of incorporating the amendment
  472  made by this act to section 932.7055, Florida Statutes, in a
  473  reference thereto, paragraph (b) of subsection (6) of section
  474  932.703, Florida Statutes, is reenacted to read:
  475         932.703 Forfeiture of contraband article; exceptions.—
  476         (6)
  477         (b) A bona fide lienholder’s interest that has been
  478  perfected in the manner prescribed by law prior to the seizure
  479  may not be forfeited under the Florida Contraband Forfeiture Act
  480  unless the seizing agency establishes by a preponderance of the
  481  evidence that the lienholder had actual knowledge, at the time
  482  the lien was made, that the property was being employed or was
  483  likely to be employed in criminal activity. If a lienholder’s
  484  interest is not subject to forfeiture under the requirements of
  485  this section, such interest shall be preserved by the court by
  486  ordering the lienholder’s interest to be paid as provided in s.
  487  932.7055.
  488         Section 14. This act shall take effect July 1, 2015.