Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1044
       
       
       
       
       
       
                                Ì347020fÎ347020                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             03/03/2016 11:31 AM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 151 - 177
    4  and insert:
    5         1. The owner was arrested under paragraph (1)(a), and if
    6  not, whether an exception to the arrest requirement specified in
    7  paragraph (1)(a) applies; and
    8         2. Probable cause exists for the property seizure under the
    9  Florida Contraband Forfeiture Act.
   10         (c) If the court finds that the requirements specified in
   11  paragraph (1)(a) were satisfied and that probable cause exists
   12  for the seizure, the forfeiture may proceed as set forth in the
   13  Florida Contraband Forfeiture Act, and no additional probable
   14  cause determination is required unless the claimant requests an
   15  adversarial preliminary hearing as set forth in the act. Upon
   16  such a finding, the court shall issue a written order finding
   17  probable cause for the seizure and order the property held until
   18  the issue of a determination of title is resolved pursuant to
   19  the procedures defined in the act.
   20         (d) If the court finds that the requirements in paragraph
   21  (1)(a) were not satisfied or that probable cause does not exist
   22  for the seizure, any forfeiture hold, lien, lis pendens, or
   23  other civil encumbrance must be released within 5 days.
   24         (e) The court may seal any portion of the application and
   25  the record of any proceeding under the Florida Contraband
   26  Forfeiture Act which is exempt or confidential and exempt from
   27  s. 119.07(1) and s. 24(a), Art. I of the State Constitution or
   28  may otherwise be sealed pursuant to Rule 2.420, Florida Rules of
   29  Judicial Administration.
   30  
   31  ================= T I T L E  A M E N D M E N T ================
   32  And the title is amended as follows:
   33         Delete line 19
   34  and insert:
   35         circumstances; amending s.