1

Senator Saunders moved the following amendment:

2

3

     Senate Amendment (with title amendments)

4

     Between line(s) 156 and 157

5

insert:

6

     Section 5.  Subsection (5) of section 372.9901, Florida

7

Statutes, is amended to read:

8

     372.9901  Seizure of illegal hunting devices; disposition;

9

notice; forfeiture.--In order to protect the state's wildlife

10

resources, any vehicle, vessel, animal, gun, light, or other

11

hunting device used or attempted to be used in connection with,

12

as an instrumentality of, or in aiding and abetting in the

13

commission of an offense prohibited by s. 372.99 is subject to

14

seizure and forfeiture. The provisions of chapter 932 do not

15

apply to any seizure or forfeiture under this section. For

16

purposes of this section, a conviction is any disposition other

17

than acquittal or dismissal.

18

     (5)  All amounts received from the sale or other disposition

19

of the property shall be paid into the State Game Trust Fund or

20

into the commission's Federal Law Enforcement Trust Fund as

21

provided in s. 372.107, as applicable. If the property is not

22

sold or converted, it shall be delivered to the executive

23

director of the commission.

24

     Section 6.  Subsection (3) of section 372.9904, Florida

25

Statutes, is amended to read:

26

     372.9904  Seizure of illegal transportation devices;

27

disposition; appraisal; forfeiture.--

28

     (3)  Upon conviction of the violator, the property, if owned

29

by the person convicted, shall be forfeited to the state under

30

the procedure set forth in ss. 370.061 and 370.07, when not

31

inconsistent with this section. All amounts received from the

32

sale or other disposition of the property shall be paid into the

33

State Game Trust Fund or into the commission's Federal Law

34

Enforcement Trust Fund as provided in s. 372.107, as applicable.

35

If the property is not sold or converted, it shall be delivered

36

to the director of the Fish and Wildlife Conservation Commission.

37

     Section 7.  Paragraph (e) of subsection (6) of section

38

932.7055, Florida Statutes, is amended to read:

39

     932.7055  Disposition of liens and forfeited property.--

40

     (6)  If the seizing agency is a state agency, all remaining

41

proceeds shall be deposited into the General Revenue Fund.

42

However, if the seizing agency is:

43

     (e)  The Fish and Wildlife Conservation Commission, the

44

proceeds accrued pursuant to the provisions of the Florida

45

Contraband Forfeiture Act shall be deposited into the State Game

46

Trust Fund as provided in ss. 372.73, 372.9901, and 372.9904,

47

into the Marine Resources Conservation Trust Fund as provided in

48

s. 370.061, or into the commission's Federal Law Enforcement

49

Trust Fund as provided in s. 372.107, as applicable.

50

     Section 8. Section 327.803, Florida Statutes, is repealed.

51

     Section 9. Section 372.107, Florida Statutes, is repealed.

52

53

54

55

(renumber subsequent sections)     

56

57

================ T I T L E  A M E N D M E N T ================

58

And the title is amended as follows:

59

     Delete line(s) 16

60

and insert:

61

such photographs shall be taken; amending ss. 372.9901,

62

372.9904, and 932.7055, F.S., conforming cross-references;

63

repealing ss. 327.803 and 372.107, F.S.; providing an

64

effective date.

4/30/2008  9:01:00 AM     EP.37.09192