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FL S1044

Bill

Status

Passed

4/1/2016

Primary Sponsor

Fiscal Policy

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Requires law enforcement agencies to obtain a probable cause determination from a court within 10 business days of seizing property, with limited exceptions for cases where the property owner is arrested, cannot be identified, is a fugitive, or the property is currency or monetary instruments.

  • Increases the evidentiary standard for property forfeiture from clear and convincing evidence to proof beyond a reasonable doubt that the property was used in violation of the Florida Contraband Forfeiture Act.

  • Requires seizing agencies to pay a filing fee of at least $1,000 and deposit a $1,500 bond with the court, with the bond payable to the claimant if they prevail, and increases attorney's fees awarded to claimants from $1,000 to $2,000.

  • Makes seizing agencies responsible for damage to seized property and storage/maintenance costs unless otherwise agreed in writing, and prohibits compensation of law enforcement officers from being dependent on seizure quotas.

  • Requires annual reporting of all seized and forfeited property to the Department of Law Enforcement by October 10, with a $5,000 civil fine imposed on agencies that fail to comply within 60 days of notification.

Legislative Description

Contraband Forfeiture

Last Action

Chapter No. 2016-179

4/1/2016

Committee Referrals

Fiscal Policy2/15/2016
Appropriations Subcommittee on Criminal and Civil Justice1/27/2016
Criminal Justice12/17/2015

Full Bill Text

No bill text available