Florida Senate - 2009                                    SB 1178
       
       
       
       By Senator Oelrich
       
       
       
       
       14-01235-09                                           20091178__
    1                        A bill to be entitled                      
    2         An act relating to forfeiture; amending s. 932.704,
    3         F.S.; authorizing posting notice of a forfeiture
    4         complaint on an official government Internet site for
    5         a specified period as an alternative notice method;
    6         amending s. 932.7055, F.S.; providing additional uses
    7         for proceeds from forfeiture proceedings; providing an
    8         effective date.
    9         
   10  Be It Enacted by the Legislature of the State of Florida:
   11         
   12         Section 1. Paragraph (a) of subsection (6) of section
   13  932.704, Florida Statutes, is amended to read:
   14         932.704 Forfeiture proceedings.—
   15         (6)(a) If the property is required by law to be titled or
   16  registered, or if the owner of the property is known in fact to
   17  the seizing agency, or if the seized property is subject to a
   18  perfected security interest in accordance with the Uniform
   19  Commercial Code, chapter 679, the attorney for the seizing
   20  agency shall serve the forfeiture complaint as an original
   21  service of process under the Florida Rules of Civil Procedure
   22  and other applicable law to each person having an ownership or
   23  security interest in the property. The seizing agency shall also
   24  publish, in accordance with chapter 50, notice of the forfeiture
   25  complaint once each week for 2 consecutive weeks in a newspaper
   26  of general circulation, as defined in s. 165.031, in the county
   27  where the seizure occurred or shall post the notice of the
   28  forfeiture complaint on an official government Internet site for
   29  at least 30 consecutive days and thereafter file a proof of
   30  publication affidavit indicating that publication was made by
   31  Internet posting and to which a printout of the notice as it
   32  appeared on the website, which shall be a true copy of the
   33  public notice for which proof is executed.
   34         Section 2. Paragraph (a) of subsection (5) of section
   35  932.7055, Florida Statutes, is amended to read:
   36         932.7055 Disposition of liens and forfeited property.—
   37         (5)(a) If the seizing agency is a county or municipal
   38  agency, the remaining proceeds shall be deposited in a special
   39  law enforcement trust fund established by the board of county
   40  commissioners or the governing body of the municipality. Such
   41  proceeds and interest earned therefrom shall be used for school
   42  resource officer, crime prevention, safe neighborhood, drug
   43  abuse education and prevention, economic crime, gang crime, or
   44  sex offender programs, or for other law enforcement purposes,
   45  which include defraying the cost of protracted or complex
   46  investigations, providing additional equipment or expertise,
   47  purchasing automated external defibrillators for use in law
   48  enforcement vehicles, and providing matching funds to obtain
   49  federal grants. The proceeds and interest may not be used to
   50  meet normal operating expenses of the law enforcement agency.
   51         Section 3. This act shall take effect July 1, 2009.