Senate Bill sb0062c1

    Florida Senate - 2003                             CS for SB 62

    By the Committee on Appropriations; and Senators Wise and
    Posey




    309-1961-03

  1                      A bill to be entitled

  2         An act relating to the disposition of proceeds

  3         from the sale of forfeited property; amending

  4         s. 932.7055, F.S.; authorizing a board of

  5         county commissioners or governing body of a

  6         municipality to use the proceeds from the sale

  7         of forfeited property for drug court programs;

  8         providing requirements for expending such

  9         funds; requiring that drug court programs be

10         included in those programs that receive funds

11         acquired under the Florida Contraband

12         Forfeiture Act; providing an effective date.

13  

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

15  

16         Section 1.  Paragraphs (a) and (c) of subsection (4) of

17  section 932.7055, Florida Statutes, are amended to read:

18         932.7055  Disposition of liens and forfeited

19  property.--

20         (4)(a)  If the seizing agency is a county or municipal

21  agency, the remaining proceeds shall be deposited in a special

22  law enforcement trust fund established by the board of county

23  commissioners or the governing body of the municipality.  Such

24  proceeds and interest earned therefrom shall be used for

25  school resource officers officer, crime prevention, safe

26  neighborhood programs, drug abuse education and prevention

27  programs, drug court programs, or for other law enforcement

28  purposes, which include defraying the cost of protracted or

29  complex investigations, providing additional equipment or

30  expertise, and providing matching funds to obtain federal

31  

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    Florida Senate - 2003                             CS for SB 62
    309-1961-03




 1  grants. The proceeds and interest may not be used to meet

 2  normal operating expenses of the law enforcement agency.

 3         (c)  An agency or organization, other than the seizing

 4  agency, that wishes to receive such funds shall apply to the

 5  sheriff or chief of police for an appropriation and its

 6  application shall be accompanied by a written certification

 7  that the moneys will be used for an authorized purpose.  Such

 8  requests for expenditures shall include a statement describing

 9  anticipated recurring costs for the agency for subsequent

10  fiscal years.  An agency or organization that receives money

11  pursuant to this subsection shall provide an accounting for

12  such moneys and shall furnish the same reports as an agency of

13  the county or municipality that receives public funds.  Such

14  funds may be expended in accordance with the following

15  procedures:

16         1.  Such funds may be used only for school resource

17  officers officer, crime prevention, safe neighborhood

18  programs, drug abuse education, or drug prevention programs,

19  drug court programs, or such other law enforcement purposes as

20  the board of county commissioners or governing body of the

21  municipality deems appropriate.

22         2.  Such funds shall not be a source of revenue to meet

23  normal operating needs of the law enforcement agency.

24         3.  After July 1, 1992, and during every fiscal year

25  thereafter, any local law enforcement agency that acquires at

26  least $15,000 pursuant to the Florida Contraband Forfeiture

27  Act within a fiscal year must expend or donate no less than 15

28  percent of such proceeds for the support or operation of any

29  drug treatment, drug abuse education, drug prevention, drug

30  court, crime prevention, safe neighborhood, or school resource

31  officer programs program(s).  The local law enforcement agency

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    Florida Senate - 2003                             CS for SB 62
    309-1961-03




 1  has the discretion to determine which programs program(s) will

 2  receive the designated proceeds.

 3  

 4  Notwithstanding the minimum expenditures or donations for drug

 5  abuse education, drug treatment, drug prevention, drug court,

 6  crime prevention, safe neighborhood, or school resource

 7  officer programs minimum expenditures or donations, the

 8  sheriff and the board of county commissioners or the chief of

 9  police and the governing body of the municipality may agree to

10  expend or donate such funds over a period of years if the

11  expenditure or donation of such minimum amount in any given

12  fiscal year would exceed the needs of the county or

13  municipality for such programs program(s).  Nothing in This

14  section does not preclude precludes the expenditure or

15  donation of forfeiture proceeds in excess of the minimum

16  amounts established in this section herein.

17         Section 2.  This act shall take effect July 1, 2003.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                          Senate Bill 62

21                                 

22  The Committee Substitute changes the percentage of forfeiture
    funds that local agencies must spend on enumerated programs.
23  SB 62 changed that percentage from 15% to 25%, and the
    Committee Substitute for SB 62 reverts the percentage from 25%
24  back to 15%, which is current law.

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