Florida Senate - 2015 SB 440 By Senator Bean 4-00273-15 2015440__ 1 A bill to be entitled 2 An act relating to contraband forfeiture; amending s. 3 932.703, F.S.; requiring that seizure or forfeiture of 4 property be incidental to an arrest under the Florida 5 Contraband Forfeiture Act; providing an effective 6 date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Subsection (1) of section 932.703, Florida 11 Statutes, is amended to read: 12 932.703 Forfeiture of contraband article; exceptions.— 13 (1)(a) Any contraband article, vessel, motor vehicle, 14 aircraft, other personal property, or real property used in 15 violation of any provision of the Florida Contraband Forfeiture 16 Act, or in, upon, or by means of which any violation of the 17 Florida Contraband Forfeiture Act has taken or is taking place, 18 may be seized and shall be forfeited subject to the provisions 19 of the Florida Contraband Forfeiture Act. For a seizure or 20 forfeiture to be lawful under the Florida Contraband Forfeiture 21 Act, the seizure or forfeiture must be incidental to an arrest 22 of the person involved in the criminal activity in violation of 23 the act. 24 (b) Notwithstanding any other provision of the Florida 25 Contraband Forfeiture Act, except the provisions of paragraph 26 (a), contraband articles set forth in s. 932.701(2)(a)7. used in 27 violation of any provision of the Florida Contraband Forfeiture 28 Act, or in, upon, or by means of which any violation of the 29 Florida Contraband Forfeiture Act has taken or is taking place, 30 shall be seized and shall be forfeited subject to the provisions 31 of the Florida Contraband Forfeiture Act. 32 (c) All rights to, interest in, and title to contraband 33 articles used in violation of s. 932.702 shall immediately vest 34 in the seizing law enforcement agency upon seizure. 35 (d) The seizing agency may not use the seized property for 36 any purpose until the rights to, interest in, and title to the 37 seized property are perfected in accordance with the Florida 38 Contraband Forfeiture Act. This section does not prohibit use or 39 operation necessary for reasonable maintenance of seized 40 property. Reasonable efforts shall be made to maintain seized 41 property in such a manner as to minimize loss of value. 42 Section 2. This act shall take effect July 1, 2015.