Title: Contraband Forfeiture

Summary: Prohibiting transfer of possession of property seized under state law to the Federal Government for the purpose of the property's forfeiture under federal law under certain circumstances; providing guidelines relating to state participation in joint task forces which results in property seizures, etc.

Full Text:
An act relating to contraband forfeiture; creating s. 932.7071, F.S.; prohibiting transfer of possession of property seized under state law to the Federal Government for the purpose of the property s forfeiture under federal law under certain circumstances; providing guidelines relating to state participation in joint task forces which results in property seizures; providing construction; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 932.7071, Florida Statutes, is created to read: 932.7071   Forfeiture adoption under federal law.  (1)   PROHIBITION OF FEDERAL ADOPTION. A local, county, or state law enforcement agency may not refer, transfer, or otherwise relinquish possession of property seized under state law to a federal agency by way of adoption of the seized property or other means by the federal agency for the purpose of the property s forfeiture under the federal Controlled Substances Act, Pub. L. No. 91-513 Oct. 27, 1970, U.S.C. ss. et seq. (2)   JOINT TASK FORCES.  (a)   In a case in which the aggregate net equity value of the property and currency seized is $100,000 or less, excluding the value of contraband, a local, county, or state law enforcement agency or a participant in a joint task force or other multijurisdictional collaboration with the Federal Government or an agency thereof shall transfer responsibility for the seized property to the state prosecuting authority for forfeiture under state law. (b)   If the Federal Government prohibits the transfer of seized property and currency to the state prosecuting authority as required under paragraph (a) and instead requires that the property be transferred to the Federal Government for forfeiture under federal law, the agency is prohibited from accepting payment of any kind or distribution of forfeiture proceeds from the Federal Government. (c)   Paragraphs (a) and (b) do not restrict an agency from transferring responsibility to the Federal Government for forfeiture of seized property and currency that has an aggregate net equity value of greater than $100,000, excluding the value of contraband. (3)   NO CHANGE TO SEIZURE LAWS. Subsections (1) and (2) do not restrict a local, county, or state law enforcement agent from seizing contraband or property if the agent would otherwise be lawfully permitted to do so. (4)   FEDERAL GOVERNMENT. Subsections (1) and (2) do not prohibit the Federal Government, acting without the involvement of local, county, or state law enforcement agents, from seizing property and seeking forfeiture under federal law. Section 2. This act shall take effect July 1, 2019.