| 1 | A bill to be entitled |
| 2 | An act relating to Anti-Fraud Law Enforcement Trust Fund; |
| 3 | creating s. 626.9893, F.S.; creating the Anti-Fraud Law |
| 4 | Enforcement Trust Fund; authorizing the Division of |
| 5 | Insurance Fraud of the Department of Financial Services to |
| 6 | deposit certain moneys into the fund; requiring moneys in |
| 7 | the fund to be appropriated by the Legislature; |
| 8 | prohibiting expenditures of fund moneys except by |
| 9 | legislative appropriation; requiring balances in the trust |
| 10 | fund to remain in the fund for certain purposes; providing |
| 11 | for future review and termination or re-creation of the |
| 12 | trust fund; amending s. 932.7055, F.S.; providing for |
| 13 | distribution of certain proceeds from dispositions of |
| 14 | liens and forfeited property seized by the Division of |
| 15 | Insurance Fraud under the Florida Contraband Forfeiture |
| 16 | Act to conform; providing a contingent effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 626.9893, Florida Statutes, is created |
| 21 | to read: |
| 22 | 626.9893 Anti-Fraud Law Enforcement Trust Fund.-- |
| 23 | (1) There is created the Anti-Fraud Law Enforcement Trust |
| 24 | Fund into which the Division of Insurance Fraud of the |
| 25 | Department of Financial Services may deposit revenues received |
| 26 | as a result of criminal proceedings or forfeiture proceedings |
| 27 | other than revenues deposited into the Department of Financial |
| 28 | Services' Federal Equitable Sharing Trust Fund under s. 17.43. |
| 29 | (2) Moneys in the fund shall be appropriated by the |
| 30 | Legislature, pursuant to the provisions of chapter 216, for |
| 31 | purposes deemed appropriate by the Legislature. Notwithstanding |
| 32 | any other provision of law, no funds shall be expended from the |
| 33 | Anti-Fraud Law Enforcement Trust Fund unless specifically |
| 34 | appropriated by the Legislature. |
| 35 | (3) Notwithstanding the provisions of s. 216.301 and |
| 36 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 37 | of any fiscal year shall remain in the trust fund at the end of |
| 38 | that year and shall be available for carrying out the purposes |
| 39 | of the trust fund. |
| 40 | (4) Pursuant to the provisions of s. 19(f)(2), Art. III of |
| 41 | the State Constitution, the trust fund shall, unless terminated |
| 42 | sooner, be terminated on July 1, 2009. Prior to its scheduled |
| 43 | termination, the trust fund shall be reviewed as provided in s. |
| 44 | 215.3206(1) and (2). |
| 45 | Section 2. Paragraph (m) is added to subsection (6) of |
| 46 | section 932.7055, Florida Statutes, to read: |
| 47 | 932.7055 Disposition of liens and forfeited property.-- |
| 48 | (6) If the seizing agency is a state agency, all remaining |
| 49 | proceeds shall be deposited into the General Revenue Fund. |
| 50 | However, if the seizing agency is: |
| 51 | (m) The Division of Insurance Fraud of the Department of |
| 52 | Financial Services, the proceeds accrued pursuant to the |
| 53 | provisions of the Florida Contraband Forfeiture Act shall be |
| 54 | deposited into the Anti-Fraud Law Enforcement Trust Fund as |
| 55 | provided in s. 626.9893 or into the Department of Financial |
| 56 | Services' Federal Equitable Sharing Trust Fund as provided in s. |
| 57 | 17.43, as applicable. |
| 58 | Section 3. This act shall take effect July 1, 2005, if |
| 59 | House Bill 967 or similar legislation is enacted in the same |
| 60 | legislative session or an extension thereof and becomes law. |