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FL S1044
Bill
AI Summary
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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.
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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.
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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.
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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.
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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