Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1044
       
       
       
       
       
       
                                Ì323058.Î323058                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/25/2016           .                                
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Substitute for Amendment (448030) (with title
    2  amendment)
    3  
    4         Delete lines 44 - 49
    5  and insert:
    6  the state acquires provisional title to the seized property.
    7  Property may not be seized under the Florida Contraband
    8  Forfeiture Act until the owner of such property is arrested for
    9  a criminal offense that renders the property a contraband
   10  article. However, property may be seized if the owner of the
   11  property is a confidential informant in lieu of an arrest. The
   12  confidential informant status must be agreed upon between the
   13  seizing agency and the property owner, and the property owner
   14  must actively participate as a confidential informant in
   15  gathering criminal intelligence or investigative information for
   16  an active criminal investigation. The seizing agency may not use
   17  the threat of property seizure or forfeiture when offering the
   18  property owner the status of confidential informant in lieu of
   19  an arrest. If charges are not brought against the property
   20  owner, the property must be returned to the owner at the
   21  conclusion of the active criminal investigation or the cessation
   22  of the status of criminal informant. Final forfeiture of
   23  property may be included as a component of the agreement to
   24  serve as a confidential informant. A forfeiture under the
   25  Florida Contraband Forfeiture Act is not final, and title or
   26  other indicia of ownership, other than provisional title, does
   27  not pass to the state or jurisdiction seeking forfeiture until
   28  the owner of the seized property is prosecuted and convicted of
   29  or pleads guilty or nolo contendere to a criminal offense,
   30  without regard to whether adjudication is withheld, that renders
   31  the
   32  
   33  ================= T I T L E  A M E N D M E N T ================
   34  And the title is amended as follows:
   35         Delete lines 5 - 8
   36  and insert:
   37         circumstances; prohibiting the seizure of property
   38         under the Florida Contraband Forfeiture Act until the
   39         owner of such property is arrested for a criminal
   40         offense that renders the property a contraband
   41         article; providing an exception; prohibiting the
   42         seizing law enforcement agency from threatening a
   43         property owner with property seizure or forfeiture
   44         under certain circumstances; requiring the return of
   45         property by the seizing law enforcement agency to the
   46         property owner under certain circumstances;
   47         prohibiting a forfeiture under the Florida Contraband
   48         Forfeiture Act from being final until the owner of the
   49         seized property is prosecuted and convicted of or
   50         pleads guilty or nolo contendere to a criminal offense
   51         that renders the