HB 0529 2003
1	A bill to be entitled
2	An act relating to the disposition of proceeds from the
3	sale of forfeited property; amending s. 932.7055, F.S.;
4	authorizing a board of county commissioners or governing
5	body of a municipality to use the proceeds from the sale
6	of forfeited property for drug court programs; providing
7	requirements for expending such funds; increasing the
8	funding requirements for certain crime prevention programs
9	if a local law enforcement agency receives more than a
10	specified amount under the Florida Contraband Forfeiture
11	Act; requiring that drug court programs be included in
12	those programs that receive funds acquired under the
13	Florida Contraband Forfeiture Act; providing an effective
14	date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Paragraphs (a) and (c) of subsection (4) of
19	section 932.7055, Florida Statutes, are amended to read:
20	932.7055 Disposition of liens and forfeited property.--
21	(4)(a) If the seizing agency is a county or municipal
22	agency, the remaining proceeds shall be deposited in a special
23	law enforcement trust fund established by the board of county
24	commissioners or the governing body of the municipality. Such
25	proceeds and interest earned therefrom shall be used for school
26	resource officersofficer, crime prevention, safe neighborhood
27	programs, drug abuse education and prevention programs, drug
28	court programs,or for other law enforcement purposes, which
29	include defraying the cost of protracted or complex
30	investigations, providing additional equipment or expertise,and
31	providing matching funds to obtain federal grants. The proceeds
32	and interest may not be used to meet normal operating expenses
33	of the law enforcement agency.
34	(c) An agency or organization, other than the seizing
35	agency, that wishes to receive such funds shall apply to the
36	sheriff or chief of police for an appropriation and its
37	application shall be accompanied by a written certification that
38	the moneys will be used for an authorized purpose. Such
39	requests for expenditures shall include a statement describing
40	anticipated recurring costs for the agency for subsequent fiscal
41	years. An agency or organization that receives money pursuant
42	to this subsection shall provide an accounting for such moneys
43	and shall furnish the same reports as an agency of the county or
44	municipality that receives public funds. Such funds may be
45	expended in accordance with the following procedures:
46	1. Such funds may be used only for school resource
47	officersofficer, crime prevention, safe neighborhood programs,
48	drug abuse education, or drug prevention programs, drug court
49	programs,or such other law enforcement purposes as the board of
50	county commissioners or governing body of the municipality deems
51	appropriate.
52	2. Such funds shall not be a source of revenue to meet
53	normal operating needs of the law enforcement agency.
54	3. After July 1, 1992, and during every fiscal year
55	thereafter, any local law enforcement agency that acquires at
56	least $15,000 pursuant to the Florida Contraband Forfeiture Act
57	within a fiscal year must expend or donate no less than 2515
58	percent of such proceeds for the support or operation of any
59	drug treatment, drug abuse education, drug prevention, drug
60	court,crime prevention, safe neighborhood, or school resource
61	officer programsprogram(s). The local law enforcement agency
62	has the discretion to determine which programsprogram(s)will
63	receive the designated proceeds.
64
65	Notwithstanding the minimum expenditures or donations fordrug
66	abuse education, drug treatment, drug prevention, drug court,
67	crime prevention, safe neighborhood, or school resource officer
68	programsminimum expenditures or donations, the sheriff and the
69	board of county commissioners or the chief of police and the
70	governing body of the municipality may agree to expend or donate
71	such funds over a period of years if the expenditure or donation
72	of such minimum amount in any given fiscal year would exceed the
73	needs of the county or municipality for such programs
74	program(s). Nothing in This section does not precludeprecludes
75	the expenditure or donation of forfeiture proceeds in excess of
76	the minimum amounts established in this sectionherein.
77	Section 2. This act shall take effect July 1, 2003.