Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 440
       
       
       
       
       
       
                                Ì323508)Î323508                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/30/2015           .                                
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Substitute for Amendment (757076) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (1) of section 932.701, Florida
    7  Statutes, is amended to read:
    8         932.701 Short title; definitions.—
    9         (1) Sections 932.701-932.7061 932.706 shall be known and
   10  may be cited as the “Florida Contraband Forfeiture Act.”
   11         Section 2. Subsection (11) of section 932.704, Florida
   12  Statutes, is amended to read:
   13         932.704 Forfeiture proceedings.—
   14         (11)(a) The Department of Law Enforcement, in consultation
   15  with the Florida Sheriffs Association and the Florida Police
   16  Chiefs Association, shall develop guidelines and training
   17  procedures to be used by state and local law enforcement
   18  agencies and state attorneys in implementing the Florida
   19  Contraband Forfeiture Act. Each state or local law enforcement
   20  agency that seizes property for the purpose of forfeiture shall
   21  periodically review seizures of assets made by the agency’s law
   22  enforcement officers, settlements, and forfeiture proceedings
   23  initiated by the agency, to determine whether such seizures,
   24  settlements, and forfeitures comply with the Florida Contraband
   25  Forfeiture Act and the guidelines adopted under this subsection.
   26  Such review must occur at least annually. If the review suggests
   27  deficiencies, the state or local law enforcement agency shall
   28  promptly move to ensure the agency’s compliance with this act.
   29         (b) The determination of whether an agency will file a
   30  civil forfeiture action must be the sole responsibility of the
   31  head of the agency or his or her designee.
   32         (c)(b) The determination of whether to seize currency must
   33  be made by supervisory personnel. The agency’s legal counsel
   34  must be notified as soon as possible.
   35         (d) The employment, salary, promotion, or other
   36  compensation of any law enforcement officer may not depend on
   37  obtaining a quota of seizures.
   38         (e) A seizing agency must ensure, through the use of
   39  written policies, procedures, and training, compliance with all
   40  applicable legal requirements regarding seizing, maintaining,
   41  and forfeiting property under this act.
   42         (f) When property is seized for forfeiture, the probable
   43  cause supporting the seizure must be promptly reviewed by
   44  supervisory personnel. The seizing agency’s legal counsel must
   45  be notified as soon as possible of all seizures and conduct a
   46  review to determine whether there is legal sufficiency to
   47  proceed with a forfeiture action.
   48         (g) Each seizing agency must have written policies and
   49  procedures promoting, when there is no other legitimate basis
   50  for holding seized property, the prompt release of such property
   51  as may be required by the act or by agency determination. To
   52  help ensure that property is not wrongfully held after seizure,
   53  each law enforcement agency must have written policies and
   54  procedures ensuring that all asserted claims of interest in
   55  seized property are promptly reviewed for potential validity.
   56         (h) The settlement of any forfeiture action must be
   57  consistent with the mandates of this act and in compliance with
   58  agency policy or directives.
   59         (i) Law enforcement agency personnel involved in the
   60  seizure of property for forfeiture shall receive basic training
   61  and continuing education as required by this act. Each agency
   62  shall maintain records demonstrating every law enforcement
   63  officer’s compliance with these training requirements. A portion
   64  of such training must address the legal aspects of forfeiture,
   65  including, but not limited to, search and seizure and other
   66  constitutional considerations.
   67         Section 3. Section 932.7055, Florida Statutes, is amended
   68  to read:
   69         932.7055 Disposition of liens and forfeited property.—
   70         (1) When a seizing agency obtains a final judgment granting
   71  forfeiture of real property or personal property, it may elect
   72  to:
   73         (a) Retain the property for the agency’s use;
   74         (a)(b) Sell the property at public auction or by sealed bid
   75  to the highest bidder, except for real property, which must
   76  should be sold in a commercially reasonable manner after
   77  appraisal by listing on the market; or
   78         (b)(c)Salvage, Trade, or transfer the property to any
   79  public or nonprofit organization.
   80         (2) Notwithstanding subsection (1), a seizing agency must
   81  destroy any image and the medium on which the image is recorded,
   82  including, but not limited to, a photograph, video tape,
   83  diskette, compact disc, or fixed disk made in violation of s.
   84  810.145 when the image and the medium on which it is recorded is
   85  no longer needed for an official purpose. The agency may not
   86  sell or retain any image.
   87         (3) If the forfeited property is subject to a lien
   88  preserved by the court as provided in s. 932.703(6)(b), the
   89  agency shall:
   90         (a) Sell the property with the proceeds being used towards
   91  satisfaction of any liens; or
   92         (b) Have the lien satisfied prior to taking any action
   93  authorized by subsection (1).
   94         (4) The proceeds from the sale of forfeited property shall
   95  be disbursed in the following priority:
   96         (a) Payment of the balance due on any lien preserved by the
   97  court in the forfeiture proceedings.
   98         (b) Payment of the cost incurred by the seizing agency in
   99  connection with the storage, maintenance, security, and
  100  forfeiture of such property.
  101         (c) Payment of court costs incurred in the forfeiture
  102  proceeding.
  103         (d) Notwithstanding any other provision of this subsection,
  104  and for the 2014-2015 fiscal year only, the funds in a special
  105  law enforcement trust fund established by the governing body of
  106  a municipality may be expended to reimburse the general fund of
  107  the municipality for moneys advanced from the general fund to
  108  the special law enforcement trust fund before October 1, 2001.
  109  This paragraph expires July 1, 2015.
  110         (5)(a) If the seizing agency is a county or municipal
  111  agency, 50 percent of the remaining proceeds shall be deposited
  112  into in a special law enforcement trust fund established by the
  113  board of county commissioners or the governing body of the
  114  municipality. Such proceeds and interest earned therefrom shall
  115  be used for school resource officer, crime prevention, safe
  116  neighborhood, or drug abuse education and prevention programs.
  117  The remaining 50 percent of the proceeds shall be deposited into
  118  the Crimes Compensation Trust Fund, or for other law enforcement
  119  purposes, which include defraying the cost of protracted or
  120  complex investigations, providing additional equipment or
  121  expertise, purchasing automated external defibrillators for use
  122  in law enforcement vehicles, and providing matching funds to
  123  obtain federal grants. The proceeds and interest may not be used
  124  to meet normal operating expenses of the law enforcement agency.
  125         (b) These funds may be expended upon request by the sheriff
  126  to the board of county commissioners or by the chief of police
  127  to the governing body of the municipality, accompanied by a
  128  written certification that the request complies with the
  129  provisions of this subsection, and only upon appropriation to
  130  the sheriff’s office or police department by the board of county
  131  commissioners or the governing body of the municipality.
  132         (c) An agency or organization, other than the seizing
  133  agency, which that wishes to receive such funds shall apply to
  134  the sheriff or chief of police for an appropriation. The and its
  135  application shall be accompanied by a written certification that
  136  the moneys will be used for an authorized purpose. Such requests
  137  for expenditures shall include a statement describing
  138  anticipated recurring costs for the agency for subsequent fiscal
  139  years. An agency or organization that receives money pursuant to
  140  this subsection shall provide an accounting for such moneys and
  141  shall furnish the same reports as an agency of the county or
  142  municipality that receives public funds. Such funds may be
  143  expended in accordance with the following procedures:
  144         1. Such funds may be used only for school resource officer,
  145  crime prevention, safe neighborhood, drug abuse education, or
  146  drug prevention programs or such other law enforcement purposes
  147  as the board of county commissioners or governing body of the
  148  municipality deems appropriate.
  149         2. Such funds shall not be a source of revenue to meet
  150  normal operating needs of the law enforcement agency.
  151         (d)3.After July 1, 1992, and During each every fiscal year
  152  thereafter, each any local law enforcement agency that acquires
  153  at least $15,000 pursuant to the Florida Contraband Forfeiture
  154  Act within a fiscal year must expend or donate 50 no less than
  155  15 percent of such proceeds pursuant to the Florida Contraband
  156  Forfeiture Act for the support or operation of any drug
  157  treatment, drug abuse education, drug prevention, crime
  158  prevention, safe neighborhood, or school resource officer
  159  programs program(s). An agency or organization, other than the
  160  seizing agency, which wishes to receive such funds must apply to
  161  the seizing local law enforcement agency for an appropriation.
  162  Funding requests by such agencies or organizations must be
  163  accompanied by a written certification stating that the moneys
  164  will be used for an authorized purpose, detailing how the funds
  165  will be used, and affirming that the expenditure will be used
  166  for only the support of drug treatment, drug abuse education,
  167  drug prevention, crime prevention, safe neighborhood, or school
  168  resource officer programs. Such requests are public records as
  169  defined in chapter 119. The local law enforcement agency has the
  170  discretion to determine which programs program(s) will receive
  171  the designated proceeds.
  172         (e) Notwithstanding the drug abuse education, drug
  173  treatment, drug prevention, crime prevention, safe neighborhood,
  174  or school resource officer programs minimum expenditures or
  175  donations, the sheriff and the board of county commissioners or
  176  the chief of police and the governing body of the municipality
  177  may agree to expend or donate such funds over a period of years
  178  if the expenditure or donation of the such minimum amount in any
  179  given fiscal year would exceed the needs of the county or
  180  municipality for such programs program(s). Nothing in this
  181  section precludes the expenditure or donation of forfeiture
  182  proceeds in excess of the minimum amounts established herein.
  183         (6) If the seizing agency is a state agency, all remaining
  184  proceeds shall be deposited into the Crimes Compensation Trust
  185  Fund General Revenue Fund. However, if the seizing agency is:
  186         (a) The Department of Law Enforcement, the proceeds accrued
  187  pursuant to the provisions of the Florida Contraband Forfeiture
  188  Act shall be deposited into the Forfeiture and Investigative
  189  Support Trust Fund as provided in s. 943.362 or into the
  190  department’s Federal Law Enforcement Trust Fund as provided in
  191  s. 943.365, as applicable.
  192         (b) The Division of Alcoholic Beverages and Tobacco, the
  193  proceeds accrued pursuant to the Florida Contraband Forfeiture
  194  Act shall be deposited into the Alcoholic Beverage and Tobacco
  195  Trust Fund or into the department’s Federal Law Enforcement
  196  Trust Fund as provided in s. 561.027, as applicable.
  197         (c) The Department of Highway Safety and Motor Vehicles,
  198  the proceeds accrued pursuant to the Florida Contraband
  199  Forfeiture Act shall be deposited into the Department of Highway
  200  Safety and Motor Vehicles Law Enforcement Trust Fund as provided
  201  in s. 932.705(1)(a) or into the department’s Federal Law
  202  Enforcement Trust Fund as provided in s. 932.705(1)(b), as
  203  applicable.
  204         (d) The Fish and Wildlife Conservation Commission, the
  205  proceeds accrued pursuant to the provisions of the Florida
  206  Contraband Forfeiture Act shall be deposited into the State Game
  207  Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or
  208  into the Marine Resources Conservation Trust Fund as provided in
  209  s. 379.337.
  210         (e) A state attorney’s office acting within its judicial
  211  circuit, the proceeds accrued pursuant to the provisions of the
  212  Florida Contraband Forfeiture Act shall be deposited into the
  213  State Attorney’s Forfeiture and Investigative Support Trust Fund
  214  to be used for the investigation of crime and prosecution of
  215  criminals within the judicial circuit.
  216         (f) A school board security agency employing law
  217  enforcement officers, the proceeds accrued pursuant to the
  218  provisions of the Florida Contraband Forfeiture Act shall be
  219  deposited into the School Board Law Enforcement Trust Fund.
  220         (g) One of the State University System police departments
  221  acting within the jurisdiction of its employing state
  222  university, the proceeds accrued pursuant to the provisions of
  223  the Florida Contraband Forfeiture Act shall be deposited into
  224  that state university’s special law enforcement trust fund.
  225         (h) The Department of Agriculture and Consumer Services,
  226  the proceeds accrued pursuant to the Florida Contraband
  227  Forfeiture Act shall be deposited into the General Inspection
  228  Trust Fund or into the department’s Federal Law Enforcement
  229  Trust Fund as provided in s. 570.205, as applicable.
  230         (i) The Department of Military Affairs, the proceeds
  231  accrued from federal forfeiture sharing pursuant to 21 U.S.C.
  232  ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C.
  233  s. 1616a shall be deposited into the Armory Board Trust Fund and
  234  used for purposes authorized by such federal provisions based on
  235  the department’s budgetary authority or into the department’s
  236  Federal Law Enforcement Trust Fund as provided in s. 250.175, as
  237  applicable.
  238         (j) The Medicaid Fraud Control Unit of the Department of
  239  Legal Affairs, the proceeds accrued pursuant to the provisions
  240  of the Florida Contraband Forfeiture Act shall be deposited into
  241  the Department of Legal Affairs Grants and Donations Trust Fund
  242  to be used for investigation and prosecution of Medicaid fraud,
  243  abuse, neglect, and other related cases by the Medicaid Fraud
  244  Control Unit.
  245         (k) The Division of State Fire Marshal in the Department of
  246  Financial Services, the proceeds accrued under the Florida
  247  Contraband Forfeiture Act shall be deposited into the Insurance
  248  Regulatory Trust Fund to be used for the purposes of arson
  249  suppression, arson investigation, and the funding of anti-arson
  250  rewards.
  251         (l) The Division of Insurance Fraud of the Department of
  252  Financial Services, the proceeds accrued pursuant to the
  253  provisions of the Florida Contraband Forfeiture Act shall be
  254  deposited into the Insurance Regulatory Trust Fund as provided
  255  in s. 626.9893 or into the Department of Financial Services’
  256  Federal Law Enforcement Trust Fund as provided in s. 17.43, as
  257  applicable.
  258         (7) If more than one law enforcement agency is acting
  259  substantially to effect the forfeiture, the court having
  260  jurisdiction over the forfeiture proceedings shall, upon motion,
  261  equitably distribute all proceeds and other property among the
  262  seizing agencies.
  263         (8) Upon the sale of any motor vehicle, vessel, aircraft,
  264  real property, or other property requiring a title, the
  265  appropriate agency shall issue a title certificate to the
  266  purchaser. Upon the request of any law enforcement agency which
  267  elects to retain titled property after forfeiture, the
  268  appropriate state agency shall issue a title certificate for
  269  such property to said law enforcement agency.
  270         (9) A Neither the law enforcement agency, or nor the entity
  271  having budgetary control over the law enforcement agency, may
  272  not shall anticipate future forfeitures or the proceeds from
  273  those forfeitures therefrom in the adoption and approval of the
  274  agency’s budget for the law enforcement agency.
  275         Section 4. Section 932.7061, Florida Statutes, is created
  276  to read:
  277         932.7061 Each state or local law enforcement agency that
  278  seizes property for the purpose of forfeiture must complete an
  279  annual report indicating whether that agency has received or
  280  forfeited property under this act. The report, to be submitted
  281  on a form designed by the law enforcement agency, must, at a
  282  minimum, specify the type of property, its approximate value,
  283  the court case number, the type of offense for which the
  284  property was seized, disposition of the property, and the dollar
  285  amount of the proceeds received or expended in seizing the
  286  property. This report must be kept on file with the seizing
  287  agency for public access.
  288         Section 5. Paragraph (a) of subsection (9) of section
  289  322.34, Florida Statutes, is amended to read:
  290         322.34 Driving while license suspended, revoked, canceled,
  291  or disqualified.—
  292         (9)(a) A motor vehicle that is driven by a person under the
  293  influence of alcohol or drugs in violation of s. 316.193 is
  294  subject to seizure and forfeiture under ss. 932.701-932.7061
  295  932.706 and is subject to liens for recovering, towing, or
  296  storing vehicles under s. 713.78 if, at the time of the offense,
  297  the person’s driver license is suspended, revoked, or canceled
  298  as a result of a prior conviction for driving under the
  299  influence.
  300         Section 6. Subsection (4) of section 323.001, Florida
  301  Statutes, is amended to read:
  302         323.001 Wrecker operator storage facilities; vehicle
  303  holds.—
  304         (4) The requirements for a written hold apply when the
  305  following conditions are present:
  306         (a) The officer has probable cause to believe the vehicle
  307  should be seized and forfeited under the Florida Contraband
  308  Forfeiture Act, ss. 932.701-932.7061 932.706;
  309         (b) The officer has probable cause to believe the vehicle
  310  should be seized and forfeited under chapter 379;
  311         (c) The officer has probable cause to believe the vehicle
  312  was used as the means of committing a crime;
  313         (d) The officer has probable cause to believe that the
  314  vehicle is itself evidence that tends to show that a crime has
  315  been committed or that the vehicle contains evidence, which
  316  cannot readily be removed, which tends to show that a crime has
  317  been committed;
  318         (e) The officer has probable cause to believe the vehicle
  319  was involved in a traffic accident resulting in death or
  320  personal injury and should be sealed for investigation and
  321  collection of evidence by a vehicular homicide investigator;
  322         (f) The vehicle is impounded or immobilized pursuant to s.
  323  316.193 or s. 322.34; or
  324         (g) The officer is complying with a court order.
  325         Section 7. Paragraph (b) of subsection (3) of section
  326  328.07, Florida Statutes, is amended to read:
  327         328.07 Hull identification number required.—
  328         (3)
  329         (b) If any of the hull identification numbers required by
  330  the United States Coast Guard for a vessel manufactured after
  331  October 31, 1972, do not exist or have been altered, removed,
  332  destroyed, covered, or defaced or the real identity of the
  333  vessel cannot be determined, the vessel may be seized as
  334  contraband property by a law enforcement agency or the division,
  335  and shall be subject to forfeiture pursuant to ss. 932.701
  336  932.7061 932.706. Such vessel may not be sold or operated on the
  337  waters of the state unless the division receives a request from
  338  a law enforcement agency providing adequate documentation or is
  339  directed by written order of a court of competent jurisdiction
  340  to issue to the vessel a replacement hull identification number
  341  which shall thereafter be used for identification purposes. No
  342  vessel shall be forfeited under the Florida Contraband
  343  Forfeiture Act when the owner unknowingly, inadvertently, or
  344  neglectfully altered, removed, destroyed, covered, or defaced
  345  the vessel hull identification number.
  346         Section 8. Paragraph (c) of subsection (2) of section
  347  817.625, Florida Statutes, is amended to read:
  348         817.625 Use of scanning device or reencoder to defraud;
  349  penalties.—
  350         (2)
  351         (c) Any person who violates subparagraph (a)1. or
  352  subparagraph (a)2. shall also be subject to the provisions of
  353  ss. 932.701-932.7061 932.706.
  354         Section 9. For the purpose of incorporating the amendment
  355  made by this act to section 932.704, Florida Statutes, in a
  356  reference thereto, section 27.3451, Florida Statutes, is
  357  reenacted to read:
  358         27.3451 State Attorney’s Forfeiture and Investigative
  359  Support Trust Fund.—There is created for each of the several
  360  state attorneys a trust fund to be known as the State Attorney’s
  361  Forfeiture and Investigative Support Trust Fund. Revenues
  362  received by a state attorney as a result of forfeiture
  363  proceedings, as provided under s. 932.704, shall be deposited in
  364  such trust fund and shall be used, when authorized by
  365  appropriation or action of the Executive Office of the Governor
  366  pursuant to s. 216.181(11), for the investigation of crime,
  367  prosecution of criminals, or other law enforcement purposes.
  368         Section 10. For the purpose of incorporating the amendment
  369  made by this act to section 932.704, Florida Statutes, in a
  370  reference thereto, section 874.08, Florida Statutes, is
  371  reenacted to read:
  372         874.08 Criminal gang activity and recruitment; forfeiture.
  373  All profits, proceeds, and instrumentalities of criminal gang
  374  activity and all property used or intended or attempted to be
  375  used to facilitate the criminal activity of any criminal gang or
  376  of any criminal gang member; and all profits, proceeds, and
  377  instrumentalities of criminal gang recruitment and all property
  378  used or intended or attempted to be used to facilitate criminal
  379  gang recruitment are subject to seizure and forfeiture under the
  380  Florida Contraband Forfeiture Act, s. 932.704.
  381         Section 11. For the purpose of incorporating the amendment
  382  made by this act to section 932.7055, Florida Statutes, in a
  383  reference thereto, paragraph (c) of subsection (2) of section
  384  895.09, Florida Statutes, is reenacted and amended to read:
  385         895.09 Disposition of funds obtained through forfeiture
  386  proceedings.—
  387         (2)
  388         (c) Any funds distributed to an investigating law
  389  enforcement agency under paragraph (a) shall be deposited in the
  390  applicable law enforcement trust fund established for that
  391  agency pursuant to s. 932.7055 and expended for the purposes and
  392  in the manner authorized in that section. In addition, any funds
  393  distributed to an investigating law enforcement agency pursuant
  394  to this section may be used to pay the costs of investigations
  395  of violations of this chapter and the criminal prosecutions and
  396  civil actions related thereto, pursuant to s. 932.7055. Such
  397  costs may include all taxable costs; costs of protecting,
  398  maintaining, and forfeiting the property; employees’ base
  399  salaries and compensation for overtime; and such other costs
  400  directly attributable to the investigation, prosecution, or
  401  civil action.
  402         Section 12. For the purpose of incorporating the amendment
  403  made by this act to section 932.7055, Florida Statutes, in a
  404  reference thereto, paragraph (b) of subsection (5) of section
  405  381.0081, Florida Statutes, is reenacted to read:
  406         381.0081 Permit required to operate a migrant labor camp or
  407  residential migrant housing; penalties for unlawful
  408  establishment or operation; allocation of proceeds.—
  409         (5) SEIZURE.—
  410         (b) After satisfying any liens on the property, the
  411  remaining proceeds from the sale of the property seized under
  412  this section shall be allocated as follows if the department
  413  participated in the inspection or investigation leading to
  414  seizure and forfeiture under this section:
  415         1. One-third of the proceeds shall be allocated to the law
  416  enforcement agency involved in the seizure, to be used as
  417  provided in s. 932.7055.
  418         2. One-third of the proceeds shall be allocated to the
  419  department, to be used for purposes of enforcing the provisions
  420  of this section.
  421         3. One-third of the proceeds shall be deposited in the
  422  State Apartment Incentive Loan Fund, to be used for the purpose
  423  of providing funds to sponsors who provide housing for
  424  farmworkers.
  425         Section 13. For the purpose of incorporating the amendment
  426  made by this act to section 932.7055, Florida Statutes, in a
  427  reference thereto, paragraph (b) of subsection (6) of section
  428  932.703, Florida Statutes, is reenacted to read:
  429         932.703 Forfeiture of contraband article; exceptions.—
  430         (6)
  431         (b) A bona fide lienholder’s interest that has been
  432  perfected in the manner prescribed by law prior to the seizure
  433  may not be forfeited under the Florida Contraband Forfeiture Act
  434  unless the seizing agency establishes by a preponderance of the
  435  evidence that the lienholder had actual knowledge, at the time
  436  the lien was made, that the property was being employed or was
  437  likely to be employed in criminal activity. If a lienholder’s
  438  interest is not subject to forfeiture under the requirements of
  439  this section, such interest shall be preserved by the court by
  440  ordering the lienholder’s interest to be paid as provided in s.
  441  932.7055.
  442         Section 14. This act shall take effect July 1, 2015.
  443  
  444  ================= T I T L E  A M E N D M E N T ================
  445  And the title is amended as follows:
  446         Delete everything before the enacting clause
  447  and insert:
  448                        A bill to be entitled                      
  449         An act relating to contraband forfeiture; amending s.
  450         932.701, F.S.; conforming a cross-reference to changes
  451         made by the act; amending s. 932.704, F.S.; requiring
  452         each state or local law enforcement agency that seizes
  453         property for the purpose of forfeiture to perform a
  454         specified periodic review at least annually;
  455         prohibiting certain compensation or benefit to any law
  456         enforcement officer from being dependent upon
  457         attaining a quota of seizures; requiring a seizing
  458         agency to have certain written policies, procedures,
  459         and training to comply with specified legal
  460         requirements; requiring the probable cause for seizure
  461         to be promptly reviewed by supervisory personnel;
  462         requiring the seizing agency’s legal counsel to be
  463         timely notified and conduct a specified review;
  464         requiring each seizing agency to have specified
  465         written policies and procedures for the prompt release
  466         of seized property under certain circumstances;
  467         requiring that settlement of any forfeiture actions be
  468         consistent with certain mandates and with the seizing
  469         agency’s policy or directives; requiring specified
  470         training and maintenance of records for such training;
  471         amending s. 932.7055, F.S.; revising the options a
  472         seizing agency may elect after obtaining a final
  473         judgment granting forfeiture of property; deleting an
  474         obsolete provision; revising the distribution and the
  475         use of proceeds from the sales of forfeited property
  476         seized by a county or municipal agency; authorizing an
  477         agency or organization, other than a seizing agency,
  478         to apply for funds from specified proceeds; requiring
  479         that funding requests be made in writing and include a
  480         certification that the expenditure meets certain
  481         requirements; specifying that such requests are public
  482         records; deleting a provision relating to certain
  483         expenditure or donation of forfeiture proceeds;
  484         requiring certain proceeds to be deposited into the
  485         Crimes Compensation Trust Fund, rather than the
  486         General Revenue Fund; deleting provisions that exempt
  487         certain agencies of the state from depositing proceeds
  488         from seizures into the General Revenue Fund; making
  489         technical changes; creating s. 932.7061, F.S.;
  490         requiring each state or local law enforcement agency
  491         that seizes property for the purpose of forfeiture to
  492         complete an annual report; requiring certain
  493         information to be included in the annual report;
  494         requiring the report to be kept on file with the
  495         seizing agency for public access; amending ss. 322.34,
  496         323.001, 328.07, and 817.625, F.S.; conforming cross
  497         references to changes made by the act; reenacting ss.
  498         27.3451 and 874.08, F.S., relating to the State
  499         Attorney’s Forfeiture and Investigative Support Trust
  500         Fund and criminal gang activity, recruitment, and
  501         forfeiture, respectively, to incorporate the amendment
  502         made to s. 932.704, F.S., in references thereto;
  503         reenacting and amending 895.09(2)(c), F.S., relating
  504         to the disposition of funds obtained through
  505         forfeiture proceedings, to incorporate the amendment
  506         made to s. 932.7055, F.S., in a reference thereto;
  507         reenacting ss. 381.0081(5)(b) and 932.703(6)(b), F.S.,
  508         relating to the allocations of proceeds from the sales
  509         of property in a migrant labor camp or residential
  510         migrant housing and the forfeiture of contraband
  511         articles, respectively, to incorporate the amendment
  512         made to s. 932.7055, F.S., in references thereto;
  513         providing an effective date.