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