House Bill 4715er

CODING: Words stricken are deletions; words underlined are additions.





    ENROLLED

    1998 Legislature                                       HB 4715



  1

  2         An act relating to trust funds; creating s.

  3         20.2553, F.S.; creating the Federal Law

  4         Enforcement Trust Fund within the Department of

  5         Environmental Protection; providing for sources

  6         of funds; exempting the trust fund from various

  7         service charges; providing for annual

  8         carryforward of funds; providing for future

  9         review and termination or re-creation of the

10         trust fund; amending ss. 370.021, 370.061, and

11         932.7055, F.S., relating to duties of the

12         department with respect to the deposit of

13         certain moneys, to conform; providing an

14         effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Section 20.2553, Florida Statutes, is

19  created to read:

20         20.2553  Federal Law Enforcement Trust Fund.--

21         (1)  The Federal Law Enforcement Trust Fund is created

22  within the Department of Environmental Protection. The

23  department may deposit into the trust fund receipts and

24  revenues received as a result of federal criminal,

25  administrative, or civil forfeiture proceedings and receipts

26  and revenues received from federal asset-sharing programs. The

27  trust fund is exempt from the service charges imposed by s.

28  215.20.

29         (2)  Notwithstanding the provisions of s. 216.301 and

30  pursuant to s. 216.351, any balance in the trust fund at the

31  end of any fiscal year shall remain in the trust fund at the


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                                       HB 4715



  1  end of the year and shall be available for carrying out the

  2  purposes of the trust fund.

  3         (3)  Pursuant to the provisions of s. 19(f)(2), Art.

  4  III of the State Constitution, the trust fund shall, unless

  5  terminated sooner, be terminated on July 1, 2002. Prior to its

  6  scheduled termination, the trust fund shall be reviewed as

  7  provided in s. 215.3206(1) and (2).

  8         Section 2.  Paragraph (d) of subsection (2) of section

  9  370.021, Florida Statutes, is amended to read:

10         370.021  Administration; rules, publications, records;

11  penalty for violation of chapter; injunctions.--

12         (2)  PENALTY FOR VIOLATION.--Unless otherwise provided

13  by law, any person, firm, or corporation who is convicted for

14  violating any provision of this chapter, any rule of the

15  department adopted pursuant to this chapter, or any rule of

16  the Marine Fisheries Commission, shall be punished:

17         (d)  The proceeds from the penalties assessed pursuant

18  to paragraph (c) shall be deposited into the Marine Resources

19  Conservation Trust Fund to be used for marine fisheries

20  research or into the department's Federal Law Enforcement

21  Trust Fund as provided in s. 20.2553, as applicable.

22         Section 3.  Subsections (1) and (2) of section 370.061,

23  Florida Statutes, are amended to read:

24         370.061  Confiscation of property and products.--

25         (1)  CONFISCATION; PROCEDURE.--In all cases of arrest

26  and conviction for the illegal taking, or attempted taking,

27  sale, possession, or transportation of saltwater fish or other

28  saltwater products, such saltwater products and seines, nets,

29  boats, motors, other fishing devices or equipment, and

30  vehicles or other means of transportation used in connection

31  with such illegal taking or attempted taking are hereby


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                                       HB 4715



  1  declared to be nuisances and may be seized and carried before

  2  the court having jurisdiction of such offense, and said court

  3  may order such nuisances forfeited to the Division of Marine

  4  Resources of the department immediately after trial and

  5  conviction of the person or persons in whose possession they

  6  were found, except that, if a motor vehicle is seized under

  7  the provisions of this act and is subject to any existing

  8  liens recorded under the provisions of s. 319.27, all further

  9  proceedings shall be governed by the expressed intent of the

10  Legislature not to divest any innocent person, firm, or

11  corporation holding such a recorded lien of any of its

12  reversionary rights in such motor vehicle or of any of its

13  rights as prescribed in s. 319.27, and that, upon any default

14  by the violator purchaser, the said lienholder may foreclose

15  its lien and take possession of the motor vehicle involved.

16  When any illegal or illegally used seine, net, trap, or other

17  fishing device or equipment or illegally taken, possessed, or

18  transported saltwater products are found and taken into

19  custody, and the owner thereof shall not be known to the

20  officer finding the same, such officer shall immediately

21  procure from the county court judge of the county wherein they

22  were found an order forfeiting said saltwater products,

23  seines, nets, traps, boats, motors, or other fishing devices

24  to the division.  All things forfeited under the provisions of

25  this law may be destroyed, used by the division, disposed of

26  by gift to charitable or state institutions, or sold and the

27  proceeds derived from said sale deposited in the Marine

28  Resources Conservation Trust Fund to be used for law

29  enforcement purposes or into the department's Federal Law

30  Enforcement Trust Fund as provided in s. 20.2553, as

31  applicable.  However, forfeited boats, motors, and legal


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                                       HB 4715



  1  fishing devices only, may be purchased from the division for

  2  $1 by the person or persons holding title thereto at the time

  3  of the illegal act causing the forfeiture, if such person

  4  shall prove that he or she in no way participated in, gave

  5  consent to, or had knowledge of such act.

  6         (2)  CONFISCATION AND SALE OF PERISHABLE PRODUCTS;

  7  PROCEDURE.--When an arrest is made pursuant to the provisions

  8  of this chapter and illegal, perishable products or perishable

  9  products illegally taken or landed are apprehended, the

10  defendant may post bond or cash deposit in an amount

11  determined by the judge to be the fair value of such products,

12  and said defendant shall have 24 hours to transport said

13  products outside the limits of Florida for sale or other

14  disposition.  Should no bond or cash deposit be given within

15  the time fixed by the judge, the judge shall order the sale of

16  such products at the highest price obtainable, and, when

17  feasible, at least three bids shall be requested.  In either

18  event, the amounts received by the judge shall be remitted to

19  the division to be deposited into a special escrow account in

20  the State Treasury and held in trust pending the outcome of

21  the trial of the accused.  If a bond is posted by the

22  defendant, it shall also be remitted to the division to be

23  held in escrow pending the outcome of the trial of the

24  accused.  In the event of acquittal, the bond or cash deposit

25  shall be returned to the defendant, or the proceeds of the

26  sale shall be paid over to the defendant.  In the event of

27  conviction, the proceeds of the sale, or proceeds of the bond

28  or cash deposit, shall be deposited by said division into the

29  Marine Resources Conservation Trust Fund to be used for law

30  enforcement purposes or into the department's Federal Law

31  Enforcement Trust Fund as provided in s. 20.2553, as


                                  4

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                                       HB 4715



  1  applicable. Such deposit into the Marine Resources

  2  Conservation Trust Fund or the department's Federal Law

  3  Enforcement Trust Fund shall constitute confiscation.

  4         Section 4.  Paragraph (b) of subsection (5) of section

  5  932.7055, Florida Statutes, is amended to read:

  6         932.7055  Disposition of liens and forfeited

  7  property.--

  8         (5)  If the seizing agency is a state agency, all

  9  remaining proceeds shall be deposited into the General Revenue

10  Fund.  However, if the seizing agency is:

11         (b)  The Department of Environmental Protection, the

12  proceeds accrued pursuant to the provisions of the Florida

13  Contraband Forfeiture Act shall be deposited into the Marine

14  Resources Conservation Trust Fund to be used for law

15  enforcement purposes as provided in ss. 370.021 and 370.061 or

16  into the department's Federal Law Enforcement Trust Fund as

17  provided in s. 20.2553, as applicable.

18         Section 5.  This act shall take effect July 1 of the

19  year in which enacted.

20

21

22

23

24

25

26

27

28

29

30

31


                                  5