Florida Senate - 2016                             CS for SB 1044
       
       
        
       By the Committee on Criminal Justice; and Senators Brandes,
       Negron, and Clemens
       
       591-02558-16                                          20161044c1
    1                        A bill to be entitled                      
    2         An act relating to forfeiture of contraband; amending
    3         s. 932.703, F.S.; providing for the acquisition of the
    4         provisional title of seized property under certain
    5         circumstances; prohibiting the seizure of property
    6         under the Florida Contraband Forfeiture Act until the
    7         owner of such property is arrested for a criminal
    8         offense that renders the property a contraband
    9         article; providing an exception; prohibiting the
   10         seizing law enforcement agency from threatening a
   11         property owner with property seizure or forfeiture
   12         under certain circumstances; requiring the return of
   13         property by the seizing law enforcement agency to the
   14         property owner under certain circumstances;
   15         prohibiting a forfeiture under the Florida Contraband
   16         Forfeiture Act from being final until the owner of the
   17         seized property is prosecuted and convicted of or
   18         pleads guilty or nolo contendere to a criminal offense
   19         that renders the property a contraband article;
   20         providing that the property is deemed a contraband
   21         article and forfeited subject to forfeiture
   22         proceedings under certain circumstances; specifying
   23         circumstances under which the seizing law enforcement
   24         agency must return the property to the owner; deleting
   25         a provision vesting rights, interests, and title to
   26         contraband articles in the seizing law enforcement
   27         agency; amending s. 322.34, F.S.; conforming a
   28         provision to changes made by the act; reenacting s.
   29         403.413(6)(e), F.S., relating to forfeiture under the
   30         Florida Litter Law, to incorporate the amendment made
   31         to s. 932.703, F.S., in a reference thereto; providing
   32         an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsection (1) of section 932.703, Florida
   37  Statutes, is amended to read:
   38         932.703 Forfeiture of contraband article; exceptions.—
   39         (1)(a) Any contraband article, vessel, motor vehicle,
   40  aircraft, other personal property, or real property used in
   41  violation of any provision of the Florida Contraband Forfeiture
   42  Act, or in, upon, or by means of which any violation of the
   43  Florida Contraband Forfeiture Act has taken or is taking place,
   44  may be seized and shall be forfeited subject to the provisions
   45  of the Florida Contraband Forfeiture Act.
   46         (b) Notwithstanding any other provision of the Florida
   47  Contraband Forfeiture Act, except the provisions of paragraph
   48  (a), contraband articles set forth in s. 932.701(2)(a)7. used in
   49  violation of any provision of the Florida Contraband Forfeiture
   50  Act, or in, upon, or by means of which any violation of the
   51  Florida Contraband Forfeiture Act has taken or is taking place,
   52  shall be seized and shall be forfeited subject to the provisions
   53  of the Florida Contraband Forfeiture Act.
   54         (c) At the time of seizure or entry of a restraining order,
   55  the state acquires provisional title to the seized property.
   56  Property may not be seized under the Florida Contraband
   57  Forfeiture Act until the owner of such property is arrested for
   58  a criminal offense that renders the property a contraband
   59  article. However, property may be seized if the owner of the
   60  property is a confidential informant in lieu of an arrest. The
   61  confidential informant status must be agreed upon between the
   62  seizing agency and the property owner, and the property owner
   63  must actively participate as a confidential informant in
   64  gathering criminal intelligence or investigative information for
   65  an active criminal investigation. The seizing agency may not use
   66  the threat of property seizure or forfeiture when offering the
   67  property owner the status of confidential informant in lieu of
   68  an arrest. If charges are not brought against the property
   69  owner, the property must be returned to the owner at the
   70  conclusion of the active criminal investigation or the cessation
   71  of the status of criminal informant. Final forfeiture of
   72  property may be included as a component of the agreement to
   73  serve as a confidential informant. A forfeiture under the
   74  Florida Contraband Forfeiture Act is not final, and title or
   75  other indicia of ownership, other than provisional title, does
   76  not pass to the state or jurisdiction seeking forfeiture until
   77  the owner of the seized property is prosecuted and convicted of
   78  or pleads guilty or nolo contendere to a criminal offense,
   79  without regard to whether adjudication is withheld, that renders
   80  the property a contraband article. If, after 3 months, the
   81  seizing agency cannot find the owner of the seized property
   82  after a diligent effort, the seized property is deemed a
   83  contraband article and forfeited subject to s. 932.704. However,
   84  if the seizing agency finds the owner, the seizing agency shall
   85  return the property to the owner within 5 days after:
   86         1. The court finding that the owner had a bona fide
   87  security interest;
   88         2. The court finding that the owner was an innocent owner;
   89         3. The acquittal or dismissal of the owner of the criminal
   90  charge that was the basis of the forfeiture proceedings; or
   91         4. The disposal of the criminal charge that was the basis
   92  of the forfeiture proceedings by nolle prosequi. The seizing
   93  agency is responsible for any damage, storage fee, and related
   94  cost applicable to the property All rights to, interest in, and
   95  title to contraband articles used in violation of s. 932.702
   96  shall immediately vest in the seizing law enforcement agency
   97  upon seizure.
   98         (d) The seizing agency may not use the seized property for
   99  any purpose until the rights to, interest in, and title to the
  100  seized property are perfected in accordance with the Florida
  101  Contraband Forfeiture Act. This section does not prohibit use or
  102  operation necessary for reasonable maintenance of seized
  103  property. Reasonable efforts shall be made to maintain seized
  104  property in such a manner as to minimize loss of value.
  105         Section 2. Paragraph (c) of subsection (9) of section
  106  322.34, Florida Statutes, is amended to read:
  107         322.34 Driving while license suspended, revoked, canceled,
  108  or disqualified.—
  109         (9)
  110         (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when
  111  the seizing agency obtains a final judgment granting forfeiture
  112  of the motor vehicle under this section, 30 percent of the net
  113  proceeds from the sale of the motor vehicle shall be retained by
  114  the seizing law enforcement agency and 70 percent shall be
  115  deposited in the General Revenue Fund for use by regional
  116  workforce boards in providing transportation services for
  117  participants of the welfare transition program. In a forfeiture
  118  proceeding under this section, the court may consider the extent
  119  that the family of the owner has other public or private means
  120  of transportation.
  121         Section 3. For the purpose of incorporating the amendment
  122  made by this act to section 932.703, Florida Statutes, in a
  123  reference thereto, paragraph (e) of subsection (6) of section
  124  403.413, Florida Statutes, is reenacted to read:
  125         403.413 Florida Litter Law.—
  126         (6) PENALTIES; ENFORCEMENT.—
  127         (e) A motor vehicle, vessel, aircraft, container, crane,
  128  winch, or machine used to dump litter that exceeds 500 pounds in
  129  weight or 100 cubic feet in volume is declared contraband and is
  130  subject to forfeiture in the same manner as provided in ss.
  131  932.703 and 932.704.
  132         Section 4. This act shall take effect July 1, 2016.