Loading chat...

FL H0889

Bill

Status

Introduced

12/3/2015

Primary Sponsor

Judiciary Committee

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Restricts property seizures to cases where the owner is arrested for a criminal violation or specific circumstances apply, including unidentifiable owners, fugitives, deceased owners, individuals with actual knowledge of criminal activity, confidential informants, and monetary instruments.

  • Requires seizing agencies to submit written petitions within 10 days of seizure to establish compliance and probable cause; property must be released within 5 days if the court finds either element lacking.

  • Makes seizing agencies responsible for damage to seized property and storage/maintenance costs; requires agencies to pay $1,000 filing fee and deposit $1,500 bond with the court.

  • Changes forfeiture standard from "clear and convincing evidence" to "proof beyond a reasonable doubt" and caps claimant attorney's fees at $1,000 (reduced from $2,000) at preliminary hearing.

  • Creates mandatory annual reporting requirements for seized/forfeited property with $5,000 civil fine for noncompliance; requires 15 percent of proceeds (raised from 25 percent) to support drug treatment, crime prevention, or school resource officer programs.

  • Takes effect July 1, 2016.

Legislative Description

Contraband Forfeiture

Last Action

Laid on Table, companion bill(s) passed, see CS/CS/SB 1044 (Ch. 2016-179)

3/7/2016

Committee Referrals

Judiciary2/22/2016
Appropriations2/2/2016
Criminal Justice Subcommittee12/18/2015

Full Bill Text

No bill text available