Senate Bill 1556 (2023) — Contraband forfeiture
SB 1556
Florida Bills
Florida Senate - 2023 SB 1556 By Senator Perry 9-01868-23 20231556__ Page 1 of 8 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to contraband forfeiture; amending s. 2 932.703, F.S.; authorizing a stay of proceedings 3 subsequent to a finding of probable cause for 4 forfeiture; amending s. 932.704, F.S.; revising a 5 statement of policy relating to forfeiture 6 proceedings; requiring a stay of forfeiture actions 7 until final disposition of associated criminal 8 charges; requiring written notice of such charges to 9 the presiding court; requiring a conviction in an 10 associated criminal offense for forfeiture of seized 11 property; requiring the return of seized property if 12 all associated criminal charges are dismissed; 13 creating s. 932.7071, F.S.; prohibiting specified 14 agencies from referring, transferring, or otherwise 15 relinquishing possession of property seized under 16 state law to a federal agency for a specified purpose; 17 providing guidelines relating to state participation 18 in joint task forces; providing construction; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23
Section 1. Paragraph (
a) of subsection (1) of
section 24 932.703, Florida Statutes, is republished, and paragraph (
c) of 25 subsection (2) and paragraph (
d) of subsection (3) of that 26
section are amended, to read: 27 932.703 Forfeiture of contraband article; exceptions.— 28 (1)(
a) A contraband article, vessel, motor vehicle, 29
Florida Senate - 2023 SB 1556 9-01868-23 20231556__ Page 2 of 8 CODING: Words stricken are deletions; words underlined are additions. aircraft, other personal property, or real property used in 30 violation of any provision of the Florida Contraband Forfeiture 31 Act, or in, upon, or by means of which any violation of the 32 Florida Contraband Forfeiture Act has taken or is taking place, 33 may be seized and shall be forfeited subject to the Florida 34 Contraband Forfeiture Act. A seizure may occur only if the owner 35 of the property is arrested for a criminal offense that forms 36 the basis for determining that the property is a contraband 37
article under s. 932.701, or one or more of the following 38 circumstances apply: 39 1. The owner of the property cannot be identified after a 40 diligent search, or the person in possession of the property 41 denies ownership and the owner of the property cannot be 42 identified by means that are available to the employee or agent 43 of the seizing agency at the time of the seizure; 44 2. The owner of the property is a fugitive from justice or 45 is deceased; 46 3. An individual who does not own the property is arrested 47 for a criminal offense that forms the basis for determining that 48 the property is a contraband
article under s. 932.701 and the 49 owner of the property had actual knowledge of the criminal 50 activity. Evidence that an owner received written notification 51 from a law enforcement agency and acknowledged receipt of the 52 notification in writing, that the seized asset had been used in 53 violation of the Florida Contraband Forfeiture Act on a prior 54 occasion by the arrested person, may be used to establish actual 55 knowledge; 56 4. The owner of the property agrees to be a confidential 57 informant as defined in s. 914.28. The seizing agency may not 58
Florida Senate - 2023 SB 1556 9-01868-23 20231556__ Page 3 of 8 CODING: Words stricken are deletions; words underlined are additions. use the threat of property seizure or forfeiture to coerce the 59 owner of the property to enter into a confidential informant 60 agreement.
The seizing agency shall return the property to the 61 owner if criminal charges are not filed against the owner and 62 the active criminal investigation ends or if the owner ceases 63 being a confidential informant, unless the agency includes the 64 final forfeiture of the property as a component of the 65 confidential informant agreement; or 66 5. The property is a monetary instrument.
For purposes of 67 this subparagraph, the term “monetary instrument” means coin or 68 currency of the United States or any other country; a traveler’s 69 check; a personal check; a bank check; a cashier’s check; a 70 money order; a bank draft of any country; an investment security 71 or negotiable instrument in bearer form or in other form such 72 that title passes upon delivery; a prepaid or stored value card 73 or other device that is the equivalent of money and can be used 74 to obtain cash, property, or services; or gold, silver, or 75 platinum bullion or coins. 76 (2) 77 (
c) If the court finds that the requirements specified in 78 paragraph (1)(
a) were satisfied and that probable cause exists 79 for the seizure, the forfeiture may proceed as set forth in the 80 Florida Contraband Forfeiture Act, and no additional probable 81 cause determination is required unless the claimant requests an 82 adversarial preliminary hearing as set forth in the act. Upon 83 such a finding, the court shall issue a written order finding 84 probable cause for the seizure and order the property held until 85 the issue of a determination of title is resolved pursuant to 86 the procedures defined in the act. However, subsequent to the 87
Florida Senate - 2023 SB 1556 9-01868-23 20231556__ Page 4 of 8 CODING: Words stricken are deletions; words underlined are additions. written order finding probable cause for the seizure, the 88 forfeiture action may be stayed as provided in s. 932.704(6)(d). 89 (3) 90 (
d) If the court determines that probable cause exists to 91 believe that such property was used in violation of the Florida 92 Contraband Forfeiture Act, the court shall order the property 93 restrained by the least restrictive means to protect against 94 disposal, waste, or continued illegal use of such property 95 pending final disposition of the forfeiture proceeding. The 96 court may order the claimant to post a bond or other adequate 97 security equivalent to the value of the property. 98
Section 2. Subsection (1) and paragraph (
b) of subsection 99 (6) of
section 932.704, Florida Statutes, are amended, and 100 paragraph (
d) is added to subsection (6) of that section, to 101 read: 102 932.704 Forfeiture proceedings.— 103
(1) It is the policy of this state that law enforcement 104 agencies shall use utilize the provisions of the Florida 105 Contraband Forfeiture Act to deter and prevent the continued use 106 of contraband articles for criminal purposes, to protect while 107 protecting the proprietary interests of innocent owners and 108 lienholders, to respect the due process rights of the accused, 109 and to authorize such law enforcement agencies to use the 110 proceeds collected under the Florida Contraband Forfeiture Act 111 as supplemental funding for authorized purposes.
The potential 112 for obtaining revenues from forfeitures must not override 113 fundamental considerations such as public safety, the safety of 114 law enforcement officers, or the investigation and prosecution 115 of criminal activity. It is also the policy of this state that 116
Florida Senate - 2023 SB 1556 9-01868-23 20231556__ Page 5 of 8 CODING: Words stricken are deletions; words underlined are additions. law enforcement agencies ensure that, in all seizures made under 117 the Florida Contraband Forfeiture Act, their officers adhere to 118 federal and state constitutional limitations regarding an 119 individual’s right to be free from unreasonable searches and 120 seizures, including, but not limited to, the illegal use of 121 stops based on a pretext, coercive-consent searches, or a search 122 based solely upon an individual’s race or ethnicity. 123 (6) 124 (
b) The complaint must, in addition to stating that which 125 is required by s. 932.703(3)(
a) and (b), as appropriate, 126 describe the property; state the county, place, and date of 127 seizure; state the name of the law enforcement agency holding 128 the seized property; and state the name of the court in which 129 the complaint will be filed; and, if available, state the 130 criminal case number and the name of the court in which any 131 criminal charge associated with the underlying activity forming 132 the basis for the forfeiture action are filed against any 133 claimant. 134 (d)1.
If a criminal charge associated with the underlying 135 activity forming the basis for the forfeiture action is filed 136 against any claimant, the forfeiture action must be stayed by 137 the court presiding over the forfeiture action until the 138 disposition of the underlying criminal case. If associated 139 criminal charges are filed after the complaint for forfeiture is 140 filed, the attorney for the seizing agency must notify, in 141 writing, the court presiding over the forfeiture action within 3 142 days after any such criminal charge is filed. 143 2.
If an associated criminal charge is filed, the 144 forfeiture action may only proceed after the claimant is 145
Florida Senate - 2023 SB 1556 9-01868-23 20231556__ Page 6 of 8 CODING: Words stricken are deletions; words underlined are additions. convicted of or pleads guilty or nolo contendere to, regardless 146 of adjudication, a criminal charge forming the basis for the 147 forfeiture action.
The attorney for the seizing agency must 148 notify, in writing, the court presiding over the forfeiture 149 action of the final disposition of any associated criminal 150 charges within 3 days after a final judgment and sentence is 151 entered, but may notify the court immediately upon the 152 claimant’s conviction or plea, regardless of whether the 153 claimant has been sentenced. Upon written notification by the 154 attorney for the seizing agency, the stay shall be lifted and 155 the forfeiture action may proceed as set forth in the Florida 156 Contraband Forfeiture Act. 157 3.
If an associated criminal charge against a claimant is 158 disposed of by dismissal, nolle prosequi, or acquittal, the 159 attorney for the seizing agency must notify, in writing, the 160 court presiding over the forfeiture action within 3 days after 161 the associated criminal charge is disposed of by dismissal, 162 nolle prosequi, or acquittal. 163 4.
If all associated criminal charges against all claimants 164 are disposed of by dismissal, nolle prosequi, or acquittal, the 165 seizing agency must immediately release the seized property to 166 the person entitled to possession of the property as determined 167 by the court presiding over the forfeiture action.
Under such 168 circumstances, the seizing agency may not assess any towing 169 charges, storage fees, administrative costs, or maintenance 170 costs against the claimant with respect to the seized property 171 or the forfeiture action. 172 173 This paragraph does not prohibit a forfeiture pursuant to a 174
Florida Senate - 2023 SB 1556 9-01868-23 20231556__ Page 7 of 8 CODING: Words stricken are deletions; words underlined are additions. lawful plea agreement which resolves a criminal charge and a 175 forfeiture action arising from the same activity. However, 176 seized property may not be used in bargaining to dismiss or 177 nolle prosequi criminal charges, obtain a guilty plea, or affect 178 criminal sentencing recommendations. 179
Section
Section 932.7071, Florida Statutes, is created 180 to read: 181 932.7071 Forfeiture adoption under federal law.— 182
(1) PROHIBITION OF FEDERAL ADOPTION.—A local, county, or 183 state law enforcement agency or other seizing agency may not 184 refer, transfer, or otherwise relinquish possession of property 185 seized under state law to a federal agency by way of adoption of 186 the seized property or other means by the federal agency for the 187 purpose of the property’s forfeiture under the federal 188 Controlled Substances Act, Pub. L. No. 91-513, 21 U.S.C. ss. 801 189 et seq. 190
(2) JOINT TASK FORCES.— 191 (
a) In a case in which the aggregate net equity value of 192 the property and currency seized is $100,000 or less, excluding 193 the value of contraband, a local, county, or state law 194 enforcement agency or other seizing agency participating in a 195 joint task force or other multijurisdictional collaboration with 196 the Federal Government or an agency thereof shall transfer 197 responsibility for the seized property to the local, county, or 198 state seizing agency. 199 (
b) If the Federal Government prohibits the transfer of 200 seized property and currency to the local, county, or state 201 seizing agency as required under paragraph (
a) and instead 202 requires that the property be transferred to the Federal 203
Florida Senate - 2023 SB 1556 9-01868-23 20231556__ Page 8 of 8 CODING: Words stricken are deletions; words underlined are additions. Government for forfeiture under federal law, the local, county, 204 or state seizing agency is prohibited from accepting payment of 205 any kind or distribution of forfeiture proceeds from the Federal 206 Government. 207 (
c) Paragraphs (
a) and (
b) do not restrict a local, county, 208 or state seizing agency from transferring responsibility to the 209 Federal Government for forfeiture of seized property and 210 currency that has an aggregate net equity value of greater than 211 $100,000, excluding the value of contraband. 212
(3) SEIZURE LAWS UNCHANGED.—Subsections (1) and (2) do not 213 restrict a local, county, or state law enforcement agency or 214 other seizing agency from seizing contraband or property if the 215 agency would otherwise be lawfully permitted to do so. 216
(4) FEDERAL GOVERNMENT.—Subsections (1) and (2) do not 217 prohibit the Federal Government, acting without the involvement 218 of a local, county, or state law enforcement agency or other 219 seizing agency, from seizing property and seeking forfeiture 220 under federal law. 221