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.