Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. PCS (808816) for CS for SB 1044
       
       
       
       
       
       
                                Ì808958bÎ808958                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/29/2016           .                                
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       The Committee on Fiscal Policy (Bradley) recommended the
       following:
       
    1         Senate Amendment to Amendment (681256) (with title
    2  amendment)
    3  
    4         Delete lines 91 - 112
    5  and insert:
    6         (2)(a) When a seizure of property is made under the Florida
    7  Contraband Forfeiture Act, the seizing agency shall apply,
    8  within 10 business days after the date of the seizure, to a
    9  court of competent jurisdiction for an order determining whether
   10  probable cause exists for the seizure of the property. The
   11  application for the probable cause determination must be
   12  accompanied by a sworn affidavit and may be filed electronically
   13  by reliable electronic means.
   14         (b) The court must determine whether:
   15         1. The owner was arrested and if not, whether an exception
   16  to the arrest requirement specified in paragraph (1)(a) applies;
   17  and
   18         2. Probable cause exists for the property seizure under the
   19  Florida Contraband Forfeiture Act.
   20         (c) If the court finds that the requirements in paragraph
   21  (1)(a) were met and that probable cause exists for the seizure,
   22  the forfeiture may proceed as set forth in the Florida
   23  Contraband Forfeiture Act, and no further probable cause
   24  determination is required unless the claimant requests an
   25  adversarial preliminary hearing as set forth in the act. Upon
   26  such a finding, the court shall issue a written order finding
   27  probable cause for the seizure and order the property held until
   28  the issue of a determination of title is resolved pursuant to
   29  the procedures defined in the act.
   30         (d) If the court finds that no probable cause exists for
   31  the seizure, any forfeiture hold, lien, lis pendens, or other
   32  civil encumbrance must be released within 5 days.
   33         (e) The court may seal any portion of the application and
   34  the record of any proceeding under the Florida Contraband
   35  Forfeiture Act which is exempt or confidential and exempt from
   36  s. 119.07(1) and s. 24(a), Art. I of the State Constitution or
   37  may otherwise be sealed pursuant to Rule 2.420, Florida Rules of
   38  Judicial Administration.
   39         (f) The provisions of this subsection do not affect any
   40  other requirement or right set forth in the Florida Contraband
   41  Forfeiture Act.
   42  
   43  ================= T I T L E  A M E N D M E N T ================
   44  And the title is amended as follows:
   45         Delete lines 399 - 400
   46  and insert:
   47         expenses; requiring the seizing agency to apply for an
   48         order, within a certain timeframe, making a probable
   49         cause determination after the agency seizes property;
   50         providing application requirements; requiring a court
   51         to make specified determinations; providing procedures
   52         upon certain court findings; authorizing the court to
   53         seal any portion of the application and of specified
   54         proceedings under certain circumstances; providing
   55         construction; amending s. 932.704, F.S.; providing