The Florida Senate

370.061  Confiscation of property and products.--

(1)  CONFISCATION; PROCEDURE.--In all cases of arrest and conviction for the illegal taking, or attempted taking, sale, possession, or transportation of saltwater fish or other saltwater products, such saltwater products and seines, nets, boats, motors, other fishing devices or equipment, and vehicles or other means of transportation used in connection with such illegal taking or attempted taking are hereby declared to be nuisances and may be seized and carried before the court having jurisdiction of such offense, and said court may order such nuisances forfeited to the Fish and Wildlife Conservation Commission immediately after trial and conviction of the person or persons in whose possession they were found, except that, if a motor vehicle is seized under the provisions of this act and is subject to any existing liens recorded under the provisions of s. 319.27, all further proceedings shall be governed by the expressed intent of the Legislature not to divest any innocent person, firm, or corporation holding such a recorded lien of any of its reversionary rights in such motor vehicle or of any of its rights as prescribed in s. 319.27, and that, upon any default by the violator purchaser, the said lienholder may foreclose its lien and take possession of the motor vehicle involved. When any illegal or illegally used seine, net, trap, or other fishing device or equipment or illegally taken, possessed, or transported saltwater products are found and taken into custody, and the owner thereof shall not be known to the officer finding the same, such officer shall immediately procure from the county court judge of the county wherein they were found an order forfeiting said saltwater products, seines, nets, traps, boats, motors, or other fishing devices to the commission. All things forfeited under the provisions of this law may be destroyed, used by the commission, disposed of by gift to charitable or state institutions, or sold and the proceeds derived from said sale deposited in the Marine Resources Conservation Trust Fund to be used for law enforcement purposes or into the commission's Federal Law Enforcement Trust Fund as provided in s. 372.107, as applicable. However, forfeited boats, motors, and legal fishing devices only, may be purchased from the commission for $1 by the person or persons holding title thereto at the time of the illegal act causing the forfeiture, if such person shall prove that he or she in no way participated in, gave consent to, or had knowledge of such act.

(2)  CONFISCATION AND SALE OF PERISHABLE PRODUCTS; PROCEDURE.--When an arrest is made pursuant to the provisions of this chapter and illegal, perishable products or perishable products illegally taken or landed are apprehended, the defendant may post bond or cash deposit in an amount determined by the judge to be the fair value of such products, and said defendant shall have 24 hours to transport said products outside the limits of Florida for sale or other disposition. Should no bond or cash deposit be given within the time fixed by the judge, the judge shall order the sale of such products at the highest price obtainable, and, when feasible, at least three bids shall be requested. In either event, the amounts received by the judge shall be remitted to the commission to be deposited into a special escrow account in the State Treasury and held in trust pending the outcome of the trial of the accused. If a bond is posted by the defendant, it shall also be remitted to the commission to be held in escrow pending the outcome of the trial of the accused. In the event of acquittal, the bond or cash deposit shall be returned to the defendant, or the proceeds of the sale shall be paid over to the defendant. In the event of conviction, the proceeds of the sale, or proceeds of the bond or cash deposit, shall be deposited by said commission into the Marine Resources Conservation Trust Fund to be used for law enforcement purposes or into the commission's Federal Law Enforcement Trust Fund as provided in s. 372.107, as applicable. Such deposit into the Marine Resources Conservation Trust Fund or the commission's Federal Law Enforcement Trust Fund shall constitute confiscation.

(3)  MUNICIPAL OR COUNTY ENFORCEMENT; SUPPLEMENTAL FUNDING.--

(a)  Any municipal or county law enforcement agency that enforces, or assists the commission in enforcing, the provisions of this chapter resulting in a forfeiture of property as provided in this section shall be entitled to receive all or a share of any such property based upon their participation in such enforcement.

(b)  Any property delivered to any municipal or county law enforcement agency as provided in paragraph (a) may be retained or sold by the law enforcement agency, and the property or any proceeds shall, if the agency operates a marine enforcement unit, be utilized to enforce the provisions of this chapter and chapters 327 and 328. In the event the law enforcement agency does not operate a marine enforcement unit, any such property or proceeds shall be disposed of pursuant to the Florida Contraband Forfeiture Act.

(c)  Any funds received by a municipal or county law enforcement agency pursuant to this subsection shall be supplemental funds and may not be used as replacement funds by the municipality or county.

History.--s. 3, ch. 61-231; s. 2, ch. 61-119; ss. 25, 35, ch. 69-106; s. 24, ch. 73-334; s. 1, ch. 77-181; s. 1, ch. 85-304; s. 1, ch. 90-286; s. 556, ch. 95-148; s. 27, ch. 96-321; s. 3, ch. 98-390; s. 241, ch. 99-245.