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The Committee on Health and Human Services Appropriations

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(Peaden) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 321-322

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insert:

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     Section 9.  Paragraphs (a), (d), and (e) of subsection (2)

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of section 895.09, Florida Statutes, are amended to read:

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     895.09  Disposition of funds obtained through forfeiture

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proceedings.--

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     (2)(a)  Following satisfaction of all valid claims under

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subsection (1), 25 percent of the remainder of the funds

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obtained in the forfeiture proceedings pursuant to s. 895.05

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shall be deposited as provided in paragraph (b) into the

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appropriate trust fund of the Department of Legal Affairs or

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state attorney's office which filed the civil forfeiture action;

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25 percent shall be deposited as provided in paragraph (c) into

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the applicable law enforcement trust fund of the investigating

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law enforcement agency conducting the investigation which

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resulted in or significantly contributed to the forfeiture of

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the property; 25 percent shall be deposited in the General

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Revenue Fund as provided in paragraph (d) in the Substance Abuse

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Trust Fund of the Department of Children and Family Services;

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and the remaining 25 percent shall be deposited in the Internal

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Improvement Trust Fund of the Department of Environmental

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Protection. If When a forfeiture action is filed by the

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Department of Legal Affairs or a state attorney, the court

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entering the judgment of forfeiture shall, taking into account

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the overall effort and contribution to the investigation and

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forfeiture action by the agencies that filed the action, make a

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pro rata apportionment among such agencies of the funds

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available for distribution to the agencies filing the action as

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provided in this section. If multiple investigating law

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enforcement agencies have contributed to the forfeiture of the

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property, the court which entered the judgment of forfeiture

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shall, taking into account the overall effort and contribution

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of the agencies to the investigation and forfeiture action, make

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a pro rata apportionment among such investigating law

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enforcement agencies of the funds available for distribution to

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the investigating agencies as provided in this section.

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     (d) The Department of Children and Family Services shall,

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in accordance with chapter 397, distribute funds obtained by it

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pursuant to paragraph (a) to public and private nonprofit

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organizations licensed by the department to provide substance

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abuse treatment and rehabilitation centers or substance abuse

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prevention and youth orientation programs in the service

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district in which the final order of forfeiture is entered by

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the court.

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     (d)(e) On a quarterly basis, any excess funds from

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forfeited property receipts, including interest, over $1 million

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deposited in the Internal Improvement Trust Fund of the

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Department of Environmental Protection in accordance with

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paragraph (a) shall be deposited in the General Revenue Fund

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Substance Abuse Trust Fund of the Department of Children and

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Family Services.

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

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And the title is amended as follows:

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     On line(s) 40, after the semicolon,

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insert:

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amending s. 895.09, F.S.; redirecting a portion of the

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funds obtained from a forfeiture proceeding from the

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Substance Abuse Trust Fund to the General Revenue Fund;

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deleting a provision directing the Department of Children

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and Family Services to distribute forfeiture funds

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received;

3/6/2008  2:15:00 PM     603-04287A-08