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FL H0889
Bill
Status
12/3/2015
Primary Sponsor
Judiciary Committee
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AI Summary
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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.
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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.
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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.
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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.
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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.
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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