Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. PCS (333636) for SB 1534 Ì202004\Î202004 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/16/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Joyner) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 177 - 327 4 and insert: 5 (5)(a) If the seizing agency is a county or municipal 6 agency, the remaining proceeds shall be deposited in a special 7 law enforcement trust fund established by the board of county 8 commissioners or the governing body of the municipality. Such 9 proceeds and interest earned therefrom shall be used for school 10 resource officer, crime prevention, safe neighborhood, drug 11 abuse education and prevention programs, or for other law 12 enforcement purposes, which include defraying the cost of 13 protracted or complex investigations, providing additional 14 equipment or expertise, purchasing automated external 15 defibrillators for use in law enforcement vehicles, and 16 providing matching funds to obtain federal grants. The proceeds 17 and interest may not be used to meet normal operating expenses 18 of the law enforcement agency. 19 (b) These funds may be expended upon request by the sheriff 20 to the board of county commissioners or by the chief of police 21 to the governing body of the municipality, accompanied by a 22 written certification that the request complies with the 23 provisions of this subsection, and only upon appropriation to 24 the sheriff’s office or police department by the board of county 25 commissioners or the governing body of the municipality. 26 (c) An agency or organization, other than the seizing 27 agency, that wishes to receive such funds shall apply to the 28 sheriff or chief of police for an appropriation and its 29 application shall be accompanied by a written certification that 30 the moneys will be used for an authorized purpose. Such requests 31 for expenditures shall include a statement describing 32 anticipated recurring costs for the agency for subsequent fiscal 33 years. An agency or organization that receives money pursuant to 34 this subsection shall provide an accounting for such moneys and 35 shall furnish the same reports as an agency of the county or 36 municipality that receives public funds. Such funds may be 37 expended in accordance with the following procedures: 38 1. Such funds may be used only for school resource officer, 39 crime prevention, safe neighborhood, drug abuse education, or 40 drug prevention programs or such other law enforcement purposes 41 as the board of county commissioners or governing body of the 42 municipality deems appropriate. 43 2. Such funds shall not be a source of revenue to meet 44 normal operating needs of the law enforcement agency. 45 3. After July 1, 1992, and during every fiscal year 46 thereafter, any local law enforcement agency that acquires at 47 least $15,000 pursuant to the Florida Contraband Forfeiture Act 48 within a fiscal year must expend or donate no less than 15 49 percent of such proceeds for the support or operation of any 50 drug treatment, drug abuse education, drug prevention, crime 51 prevention, safe neighborhood, or school resource officer 52 program(s). The local law enforcement agency has the discretion 53 to determine which program(s) will receive the designated 54 proceeds. 55 56 Notwithstanding the drug abuse education, drug treatment, drug 57 prevention, crime prevention, safe neighborhood, or school 58 resource officer minimum expenditures or donations, the sheriff 59 and the board of county commissioners or the chief of police and 60 the governing body of the municipality may agree to expend or 61 donate such funds over a period of years if the expenditure or 62 donation of such minimum amount in any given fiscal year would 63 exceed the needs of the county or municipality for such 64 program(s). Nothing in this section precludes the expenditure or 65 donation of forfeiture proceeds in excess of the minimum amounts 66 established herein. 67 (6) If the seizing agency is a state agency, all remaining 68 proceeds shall be deposited into the General Revenue Fund. 69 However, if the seizing agency is: 70 (a) The Department of Law Enforcement, the proceeds accrued 71 pursuant to the provisions of the Florida Contraband Forfeiture 72 Act shall be deposited into the Forfeiture and Investigative 73 Support Trust Fund as provided in s. 943.362 or into the 74 department’s Federal Law Enforcement Trust Fund as provided in 75 s. 943.365, as applicable. 76 (b) The Division of Alcoholic Beverages and Tobacco, the 77 proceeds accrued pursuant to the Florida Contraband Forfeiture 78 Act shall be deposited into the Alcoholic Beverage and Tobacco 79 Trust Fund or into the department’s Federal Law Enforcement 80 Trust Fund as provided in s. 561.027, as applicable. 81 (c) The Department of Highway Safety and Motor Vehicles, 82 the proceeds accrued pursuant to the Florida Contraband 83 Forfeiture Act shall be deposited into the Department of Highway 84 Safety and Motor Vehicles Law Enforcement Trust Fund as provided 85 in s. 932.705(1)(a) or into the department’s Federal Law 86 Enforcement Trust Fund as provided in s. 932.705(1)(b), as 87 applicable. 88 (d) The Fish and Wildlife Conservation Commission, the 89 proceeds accrued pursuant to the provisions of the Florida 90 Contraband Forfeiture Act shall be deposited into the State Game 91 Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or 92 into the Marine Resources Conservation Trust Fund as provided in 93 s. 379.337. 94 (e) A state attorney’s office acting within its judicial 95 circuit, the proceeds accrued pursuant to the provisions of the 96 Florida Contraband Forfeiture Act shall be deposited into the 97 State Attorney’s Forfeiture and Investigative Support Trust Fund 98 to be used for the investigation of crime and prosecution of 99 criminals within the judicial circuit. 100 (f) A school board security agency employing law 101 enforcement officers, the proceeds accrued pursuant to the 102 provisions of the Florida Contraband Forfeiture Act shall be 103 deposited into the School Board Law Enforcement Trust Fund. 104 (g) One of the State University System police departments 105 acting within the jurisdiction of its employing state 106 university, the proceeds accrued pursuant to the provisions of 107 the Florida Contraband Forfeiture Act shall be deposited into 108 that state university’s special law enforcement trust fund. 109 (h) The Department of Agriculture and Consumer Services, 110 the proceeds accrued pursuant to the Florida Contraband 111 Forfeiture Act shall be deposited into the General Inspection 112 Trust Fund or into the department’s Federal Law Enforcement 113 Trust Fund as provided in s. 570.205, as applicable. 114 (i) The Department of Military Affairs, the proceeds 115 accrued from federal forfeiture sharing pursuant to 21 U.S.C. 116 ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. 117 s. 1616a shall be deposited into the Armory Board Trust Fund and 118 used for purposes authorized by such federal provisions based on 119 the department’s budgetary authority or into the department’s 120 Federal Law Enforcement Trust Fund as provided in s. 250.175, as 121 applicable. 122 (j) The Medicaid Fraud Control Unit of the Department of 123 Legal Affairs, the proceeds accrued pursuant to the provisions 124 of the Florida Contraband Forfeiture Act shall be deposited into 125 the Department of Legal Affairs Grants and Donations Trust Fund 126 to be used for investigation and prosecution of Medicaid fraud, 127 abuse, neglect, and other related cases by the Medicaid Fraud 128 Control Unit. 129 (k) The Division of State Fire Marshal in the Department of 130 Financial Services, the proceeds accrued under the Florida 131 Contraband Forfeiture Act shall be deposited into the Insurance 132 Regulatory Trust Fund to be used for the purposes of arson 133 suppression, arson investigation, and the funding of anti-arson 134 rewards. 135 (l) The Division of Insurance Fraud of the Department of 136 Financial Services, the proceeds accrued pursuant to the 137 provisions of the Florida Contraband Forfeiture Act shall be 138 deposited into the Insurance Regulatory Trust Fund as provided 139 in s. 626.9893 or into the Department of Financial Services’ 140 Federal Law Enforcement Trust Fund as provided in s. 17.43, as 141 applicable. 142 143 ================= T I T L E A M E N D M E N T ================ 144 And the title is amended as follows: 145 Delete lines 27 - 42 146 and insert: 147 for its use; deleting an obsolete provision; providing 148 for