Florida Senate - 2009                                    SB 1166
       
       
       
       By Senator Wise
       
       
       
       
       5-01413-09                                            20091166__
    1                        A bill to be entitled                      
    2         An act relating to proceeds of forfeitures; amending
    3         s. 932.7055, F.S.; increasing the minimum percentage
    4         of such proceeds that must go to non-law enforcement
    5         organizations; revising the types of organizations
    6         that may receive such funds and the purposes for which
    7         such funds may be expended; providing an effective
    8         date.
    9         
   10  Be It Enacted by the Legislature of the State of Florida:
   11         
   12         Section 1. Paragraph (c) of subsection (5) of section
   13  932.7055, Florida Statutes, is amended to read:
   14         932.7055 Disposition of liens and forfeited property.—
   15         (5)
   16         (c) Every county or municipality must expend or donate no
   17  less than 25 percent of such proceeds for the support or
   18  operation of local, community-based nonprofit, nongovernmental
   19  organizations. The local law enforcement agency has the
   20  discretion to determine which community organizations will
   21  receive the designated proceeds. An agency or organization,
   22  other than the seizing agency, that wishes to receive such funds
   23  shall apply to the sheriff or chief of police for an
   24  appropriation and its application shall be accompanied by a
   25  written certification that the moneys will be used for an
   26  authorized purpose. Such requests for expenditures shall include
   27  a statement describing anticipated recurring costs for the
   28  organization agency for subsequent fiscal years. An agency or
   29  organization that receives money pursuant to this subsection
   30  shall provide an accounting for such moneys and shall furnish
   31  the same reports as an agency of the county or municipality that
   32  receives public funds. Such funds may be expended in accordance
   33  with the following procedures:
   34         1. Such funds may be used only for educational, school
   35  resource officer, crime prevention, safe neighborhood, drug
   36  abuse education, or drug prevention programs or any such other
   37  law enforcement purposes that benefit the community as the board
   38  of county commissioners or governing body of the municipality
   39  deems appropriate.
   40         2. Such funds shall not be a source of revenue to meet
   41  normal operating needs of a the law enforcement agency.
   42         3. After July 1, 1992, and during every fiscal year
   43  thereafter, any local law enforcement agency that acquires at
   44  least $15,000 pursuant to the Florida Contraband Forfeiture Act
   45  within a fiscal year must expend or donate no less than 15
   46  percent of such proceeds for the support or operation of any
   47  drug treatment, drug abuse education, drug prevention, crime
   48  prevention, safe neighborhood, or school resource officer
   49  program(s). The local law enforcement agency has the discretion
   50  to determine which program(s) will receive the designated
   51  proceeds.
   52  Notwithstanding the drug abuse education, drug treatment, drug
   53  prevention, crime prevention, safe neighborhood, or school
   54  resource officer minimum expenditures or donations, the sheriff
   55  and the board of county commissioners or the chief of police and
   56  the governing body of the municipality may agree to expend or
   57  donate such funds over a period of years if the expenditure or
   58  donation of such minimum amount in any given fiscal year would
   59  exceed the needs of the county or municipality for such programs
   60  program(s). Nothing in this section precludes the expenditure or
   61  donation of forfeiture proceeds in excess of the minimum amounts
   62  established herein.
   63         Section 2. This act shall take effect July 1, 2009.