R93-34RESOLUTION NO. R93-J~
A RESOLUTION OF THE CITY CO~%E4ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
SUPPORTING LEGISLATION TO GRANT TO ALL
CERTIFIED LAW ENFORCEMENT OFFICERS IN THE
STATE OF FLORIDA, THE AUTHORITY TO ARREST
FOR ANY FELONY OR MISDEMEANOR COMMITTED
IN THE PRESENCE OF SAID OFFICERS ANYWHERE
IN THE STATE OF FLORIDA; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, events such ms natural disasters can strain the
resources of law enforcement agencies because of the sometimes
unforeseeable consequences of such disasters; and
WHEREAS, certified law enforcement officers must have the
ability to exercise law enforcement authority when confronted with
criminal acts; and
WHEREAS, at present, municipal and county law enforcement
officers are limited to the jurisdictional boundaries of their
employing agencies; and
WHEREAS, mutual aid agreements do not provide sufficient
flexib%lity to insure the most effective implementation of
emerg~hcy mobilization, so as to guarantee the public safety; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida, supports legislation to provide statewide
authority to certified law enforcement officers to make arrests
for felonies and misdemeanors committed in their presence.
Section 2. The City Commission of the City of Boynton
Beach, Florida hereby directs the City Clerk to forward a copy of
this Resolution to the appropriate Legislative delegation.
Section 3.
upon passage.
This Resolution shall take effect immediately
PASSED AND ADOPTED this ~ day of March, 1993.
CITY OF BOYNTON BEACH, FLORIDA
C e(z~fa y,~ r /
Commis
Dner
)nor
ATTEST:
Cit~ Ci~k
(Corporate Seal)
Authsig. WP5
BBPD.Sup
- t~ the OCmrn
ered by the
ertl
d 3 Year~
Il be recommendedto i'
he center SUpervisor,
or the probation
suant to s. 922.051 to
qen a statute directs
ne offender's cumula.
same circuit or fro~a
q 364 days. i ·
~ is to be punished b~
, iai in another COunty
suitable for such PdS.
oarticibate in a work-
onal training progra~
vino a sentence in a "
available.
erform a specified Dub-
violates chapter 893 ~
~ho violates any criminal
an additional assesS.
e am~'~nt of any
3(4X~ '~d 893.16.
0 ViC
~nal, ,~ essment
ss. ~93.13(4)(b)
whereby the offender'
;ounty work camp up~
ed term oJ community
whereby upon satisfac?
)f probation, the Dep~t:~
the offender on admims~
948.01 for the remaind~';
tare probation and resti:
treatment program
o~ or who have violated
3Pon which is
-oved as an intermedi~E
sunty public safet'
n s. 951.26.
[ community
~ncarceration.
as no~
eau~valency
who laCKs basic or functional literacy skills, UDOn acceet-
once Dy an adult education drogram, make a good-faith
effort toward comolefion of such basic or funcbonal hten
sc) skills or high school equivalency d~ploma, as defined
n ss. ~228.0713 and 229.814. in accordance with the
sssesseo adult general education needs df the individ-
usl oflenaer.
(2) The court shall require an offender to make resb-
tstion pursuant to s. 775.089, unless the oour~ finds clear
a~d compeJJJdg reasons not to oraer such restltubon as
srov~ded in that section. If the coud dads not order resti-
tution, or orders restitution of only a portion of the dam-
ageS, as provided in s. 775.089. the court shall state on
the record Jn detail [ne reasons therefor. An oraer requir-
ing an offender to make restitution to a victim pursuant
to s- 775.089 does not remove or dimin sh me require.
ment [nat the court order oaymem to the Crimes Com-
eensat~on Trust Fund Pursuant to dhaDter 960.
CHAPTER 922
EXECUTION
922.10 Execution of deam sentence; executioner.
922.10 Execution of death sentence; executioner.
A death sentence shall be executed by electrocubon.
-he warden of the state prison shall designate the exe-
cutioner Information which, f released, would laentify
me executioner is exempt from the Drov;s~on8 of s
119.07(1). This exemption is sub!act to the Open Gov-
ernment Sunset Review Act in accordance with s
I~9.14. The warrant authorizing the execution shall be
read [o roe convicted person immediately before execu-
tion
PROVISIONS SUPPLEMENTAL
TO CRIMINAL PROCEDURE LAW
932.70:
932.702
932.703
932.704
932.7055
932.7O6
932.707
Shod miD; definitions.
Unlawful to transport, conceal, or possess
contraband articles or to acquire real or
personal property with contraband pro-
ceeds: use of vesseh motor vemcle, a~r-
craft other personal property, or real 3rop*
edy
Fodeiture of contrabanc attic e: exceptions
Fodeiture proceedings.
Dispomt~on of liens anQ fodeited property.
Forfeiture training requirements.
Penalty for noncompliance with reporbng
requirements.
932.701 Shorl title; definitions.--
(1) Sections 932.701-932.707 shall De Known and
may Pe c~ted as the "F ands Contraband Forfeiture Act.'
(2) AS used m the F orida Contraband Forfeiture Act:
(a) "Contraband ad,de" means:
Any controlled ~uPstance as defined m chapter
893 or any substance, dewed barapnerna,a or cur
reno; or other means of exchange wmcn was used. s
Pelnc_ used. was attemoted, or is intenDeD to ce used
in wo~ation of any provision of cnacter 893.
2 Any gambling garapnernaha ottery t~cKets.
money, currency, or other means df exchange which
was used was attempted, or intended to De used in wo-
lation of the gambling laws of me state
3. Any equipment, liquid or SOlid which was Demo
used. ts being used, was attemcted [o ce used or
intended to De used '- wolabo~ of the beverage or
tooecco laws df the state.
4. Any motor fuel upon wmcn the motor fuel tax has
not been da~d as required Dy law
5. Any persona~ Property. including, but not limited
to. any vessel, aircraft tem object, toot. substance.
device, weapon, machine veh]cte of any kind, money,
securities books records, research, negobable instru-
ments, or currency; which was used or was attempted
to De used as an mstrumentalit7 in the commission of
or in aiding or abetting in me commission ct. any felony,
wnemer or no[ comprising an element of the felony, or
which is acquired by proceeds obtained as a result of
a violation of the Florida Contraband Fode~ture Act.
6, Any real property, including any rignt, t~tle lease-
hold· or other interest in the whole of any ct or tract of
land which was used. is being used, or was attempted
to be used as an instrumentality in the commission of.
or in aiding or abetting ~n me commission of, any felony,
or which is acquired by proceeds obtained as a result
of a violation of the Ftorida Contraband Fodeiture Act
(b) "Bona fide I~enholder" means the holder of a hen
perfected pursuant to apphcable law.
(c) "PromDuy proceed" means [o file the complaint
within 45 days after seizure.
(d) "Complaint" is a pebbon for forfeiture filed m the
cwil division of the c~rcu~t court Dy the seizing agency
rePuesbog the cour~ to ~ssue s judgment of fode~ture,
(e) "Person entitled to nobce" means any owner
entity, bona fide henholder, or person ~n possession of
the property subject to fodeiture when seized who s
Known to the seizing agency after a diligent search and
~nqulry.
(f) "Adversana] pre,mmary hearing' means a near-
~ng in which the seizing agency ~s reoulred to establisn
crobable cause that the property subject 1o fodeiture
was useQ in violat on of the Florida Contraband Fodem
ure Act.
(g) "Forfeiture proceeding' means a hearing or thai
n which the court or jury determines whether me sup
Ject property shaft be fodeited.
(h) "Claimant" means any party who has proprietary
interest in property subject to forfeiture ace nas stand-
ing to challenge such fodeiture, including owners, reg~s-
tared owners. Dona fide henholaers, and titleholders.
2141
MEMORANDUM
POLICE ~93-041
TO:
FROM:
DATE:
RE:
J. Scott Miller
City Manager
Edward G. Hillery, Jr.
Chief of Police
February 26, 1993
Request for Consideration of Two Resolutions That
Address Law Enforcement State-Wide
Sir:
Under this cover you will find two resolutions that I request the
Commission consider.
One of the resolutions recommends that the Florida Legislature
make no changes to the Contraband Forfeiture Act which would
restrict or impede the ability of law enforcement authorities to
carry out the provisions of the Act.
The second resolution is to support legislation to grant, to all
certified law enforcement officers in the State of Florida, the
authority to arrest for any felony or misdemeanor committed in
the presence of said officers anywhere in the State of Florida.
Both address issues that affect law enforcement state-wide. I
will be happy to address them and answer questions should the
Commission so desire.
R~ctfully submitted,
Edward G. Hiller~ ~r.
Chief of Police
EGH/cgm
s. 932,702
1992 SUP~P~EMENT T_O FLORIDA STATUTES 1991
932.702 Unlawful to transporthconceal, or possess
contraband, art[dies or to acqi~ire:reaf or, perSoncil prop-
ertY With 'contraband proceeds}' USe bf Veisel motor
.vela[Cie, aircraft; otharl~ersona[ pr~0~e~ty or ~'balprop-
atty.--it is Un awfu
(1) To transport, carry or convey any contraband
artic e in. upon. or by means of any ~essel, motor vehi*
c~e, or aircraft.
(2) To conceat or possess any contraband article in
or'u~on any ~;esseL motor vehi~Je, air'raft, o~her Der-
sona] property, or rea~ pro[~erty.
(3) TO use any vessel motor vehicle, aircraft, other
personaJ property1 or real property to fac rate the trans*
Po,rtadon, carriage, conveyance corice~t m~nt, rece pt1
possession, p~;~hase, sa e, barter exchange Or
aw~ty of any~ contraband article.
a~tl.4cl "Fo conceal or possess` or use any coniraband
o e as an inst[ument~lity ~ the; commission Of 'or in
a~ing or abetting ir[ the'.ce~nmis~[on 0f ~n~/~felon~, or v o-
lat[0rz ef 'the F o¢ida Codtrabar~d Foffe tdre Act
~5) Toa~dire, real 0rperso,al p~p~r~y by the use
of ~roceeds obta n~ in. vi~at~on of th~'F br da,Contra
ba~d~Fodei'ture-Act. :- · '
9~2,~ Fode~ture of Contraband a~icle; excep-
tio~
'(~)~) Any contraband art(cie ~sed n v(olatio~ of any
pro~i¢JOn of the Florida C~tr~aDd Forfeiture Act, br n,
up~, or by means of which any ~iolation 0f the ¢~rida
Co~band Fodeitu~e A~('~ t~e~ or ~ ~k ~g'~lace,
m~ b:e Seized an8 shall be'foEe tau sub ~ to the ~¢ov-
sion~ of t~e F or d~ Uon~aba~ R~dei~re~Act
(~}, All rights t0, ]nte(e~f; i~, ra~d tifl~ to confab&nd
a~i~les used in viqlation of 4- 932 ~02 sh~l~ mmed}~e y
ves~ Cd the seizidg law enforcement age~- upon'~ei-
Yt' . y purpose untff tH8 rights to, ~t~Tesl
¢1 and
title ~o'the seized.pre,rip,re pe~e~te~ ~
with !the F~orida Cbht¢~b~;Fp~e ~ure Ac~.;~is~seb~on
doe~ not proh bit u~6 or'o~i? ,~ for;red, n-
abaci maintenande ~f seize8 ¥~perty; ~e~sb~abie
eff0r~s shall bem~ ~ ~a!~aiq s4~ed ~'~¢~-t? in ~ech
8 m~ner as to mfdi~b~ ~6~ 'of- ~l~&. '
thaf
state"
(b) Real property may no~ be seized or restrained
other than by lis pendens, subseouem [oa wolatlon of
the Florida Contraband Fortes[ute Act until [ne persons
enbtled to nottce are afforded the ODDor~umty to attene
the prese~zure adversarial preliminary nearing. A lis Pen
nebs may be cbt&[ned byany method author zed 3y law
Notice of the adversarial preliminary hearing shalt be by
certified ma[i, return rece pt requested The Purpose ol
the ad~/ersa~-ial preliminary hearing is to determme
wn~tber probaure cause exists [o oel~eve zeal Such
pr~erty has been used in violation of the Florida Con fa*
ba~nd F~rfeiture Act. The seiz ng agenc~ shall make a dil-
o noboe of the
preummary neanng
10 days of the fihng
of soot as aracbcable.
preliminary headng ~s ~eld
affidawt and any Other
and take any testimony to deter-
~ [o Del[eve that the
be
De used ~n /Joist on of the Ror-
Act if orobabJe cause ~s
contraband. A copy of the
find[ s-e[.the~cobrt shall be srovded to any person
entit '~9 ~Oefl~.
!d ~:~,~he~ c~[~t' determines that probable cause
e~J~t ~belf,eve~P~at such property has been, is bain
~i~ to be used in violation of the Flor d°;'~
or
W
c0~ ~8'?~;48i~bre Act, the court sha order the
pro? ~a~by the east res rcfive means to ro-
teqt~ i'' '"'~' P
~.~.c],~at, waste, or continued egal use ol
suCh' 0~6'i't¢ ~b~Jing ~disposition of the forfeiture pro-
r replevin nor any other acuon [o recover
i s~ch property sha be maintained in any
~ta~ned [ indenture srooeedings are
45 days after the date of seizure
cause ~s shown, the court may extend
prohibition to 60 days
ms. 932.701(2)(a) constitutes a
u,motor vehicle, alreraft other Dersocai
ce presumed ~n [ne
teat the vessel motor
property, or rear procerty
Such contraband arbc~e ~s ~ocated
Js being used or was a[temp:ed or
~n a manner ~0 facilitate [ne [tans-
e, sale, barter exchange, or gwmg
d article defined ~n s. 932.701(2).
(5) Order the forteiture sf any other
~]ennolders. up to the
subject to forfeiture under this sec-
esonbed in this sechon:
veh,
w~[n, a third party;
2142
to. sold to or deDosaed
s. 932.703 1992 SUPPLEMENT TO FLORIDA STATUTES 1991 s. 932.704
Ic~ Has been placed beyond the jurisdiction of the aw enforcement agency. If any remaining coowner does
court: not purchase such nterest, the seizing agency may hold
to, hies Dc~en substantially d~miniShed in vaJue by the property in p0ownershlp, sell its interest iR the prop-
any act or omissi~r~ of the person in possession of the erty, liquidat~ i{s intel:cst in the property, or dispose of
sroperty or its interest in the' property in any other reasonable man-
(el Has Deee commmg~ea w~th any property wmcn
cannot, De divided without difficulty.
(6)(a) No property shall be forfeited under [ne
s~ons of the Flonoa Contraband Forfeiture Act if the
owner of sucn property estabhshes by a preponderance
of the ewdenoe that he ne thor knew. nor should have
Known after a reasonable inquiry, that SUCh Dropert~
was oemg employed or was hkel., to be employed
criminal activity.
932,704 Forfeiture proceedings,--
(1) It is the pohcy of this state that law enforcement
agencies shall utilize the orovieions of the Florida Con-
traband Fodeiture Act to deter and provera me contin-
ued use of contrab~,nd articles or criminal 3urooses
lb) No bona fide lienholderls interest shall be for- while protecting the :proprietary i~[eres1,s of innocent
feited under the orovisions of the FlorMa Contraband
Forfeiture Act if such lienhdlder establishes by a prepon-
derance of the ewdence that he neither Knew nor
Snouto nave KnOV* q after a reasonable inquiry, that such
property was Being used or was likely to be used in crim-
inal activity, that such use was without dis exoressed or
~mpl~ed consent and that 1,ne hen had been perfected
~n [ne manner 3resoribed by law Boor to such seizure.
If a lienhotder's interest satisfies the requirements of this
section, such interest s, hal[ be preserved by the court by
ordering the lienholder s interest to b6 paid as orovided
ms. 932.705
(c', No property titled or registered between nus-
band and wife jointly by the use of the conjunctives
'and." "and¢or "or "or" shall be fodeited under the orovl-
sions of the Florida Contraband Forfeiture Act f the
coowner establishes oy a preponderance of the evi-
aence '(nar he neither knew nor ~ad reason to know
after reasonable inquiry, that such property was
employed or was likely to ce employed ~ criminal activ-
(d) No vehicle which is rented or leased from a com-
pany engaged ~n the business of renting or leasing vehi-
cles she ce fodeited under the Drows~ons of the Florida
Contraband Forfeiture Act if '(ne company establishes
ey preponderance of the ewdence that it neither knew
nor snou~o have known that the vemcle was being
employee or was likely to be employed in criminal activ*
~ty When a vehicle which ~s rented or teased from a com-
Pany engaged "* toe business of renting or ~eas~ng vehi-
Cles ts seized under the Florida Contraband Fodeiture
Act. uoon learning the address or ohone number of said
COmpany, me seizing law enforcement agency shall, as
SOOn as oractlcable inform said company that the vehi-
cle has been seized and ~s available for the company to
take oossession.
(7) Any interest m. u/ua to. or right to property titled
or registered jointly ey the use of the conlunctives "and,"
"and/or," or "or" held by a coowner, other than property
held jointly between husband and wife, shall not be for-
feited if the co(~wner establishes by a preponderance of
[~e evidence ma1, SUCh coowner neither Knew nor nas
reason to know after reasonable inquiry, that such prop-
arty was employed or was like ~ to be employed ~n crim~-
rla actlvlr? When [ne interests of each cu~oable
C0Owner are forfeited any remalmng coowners shall be
~fferded the opportumty 1,o purchase 1,ne forfeited inter-
sst in. title to. or ngnt to the property from the seizing
owners and lienholders and to authorize SUCh law
enforcement ageecles [o use the: crooeeds collected
under the Florida Contraband Forfeiture Act as suoole-
mental funding for authorized PurPoses.
(2) The Florida Rules of Ciwl Procedure shall govern
forfeiture proceedings under me Rorida Con'(raoano
Forfeiture Act unless omerw~se specified under the Flor-
ida Contraband Forfeiture Act.
(3) Any tna~ on the ultimate issue of forfeiture snal
be decided by a jury, unless SUCh right is waived by the
claimant through a written waiver or on the record before
the court conducting tqe forfeiture proceeding
(4) The seizing agency shall promptly sroceed
against the contraband articl~ By tiling a complaint in the
circuit court within the jbrisdiotion where the se zure or
the offense occurreo.
(5)(8) The complaint shall ee sty~eo. ~n RE: FOR-
FEITURE OF__' .followed by the name or oescno[~on
of the oroPerty). The complaint shal contain a brief luns-
dictional statement, a descripuon of the subject matter
of the oroceeding, and a statement of the facts sufficient
1,o si,are a cause of action that wou~o support a final judg-
ment of forfeiture. The oomola~nt must be accomoan,ee
Dy a verified supporung affidavit.
(b) f no person entitled to notice requests an adver-
sarial preliminary hearing, as provided n s.
932.703J2~(a). the court, upon recede of the complainl
shall review the complain'( and the verified supporbng
affidavit to determine whether there was DroPapie cause
for the seizure. Uoon a finding of prooaple cause. 1,ne
court, shall enter an order showing the orobable cause
finding.
Jo) The court shall require any claimant who desires
to contest the forfeiture to file and Serve upon the attor~
ney represenueg the seizing agency any responsive
pleadings eno affirmative defenses within 20 days after
receipt of the complaint and p~obao~e cause finding
(6}(a) If the property ~s requ~reo Dy law to be t~tled
or toe,stereo, or if the owner of toe 3roperty is Known if~
fact to the seizing agency, or if the seized proper1,y is
subject [o a perfected seconty nterest in accoraance
with me Uniform Commereial Code. chapter 679. tne
attorney for the seizing agency shall serve not,ce of the
forfeiture complaint by certified mail. return receipt
requested, to each person having such security interest
in the property. The seizing agency shall also publish,
in accordance with dhaoter 50, notice of the forfeiture
complaint twice each week for 2 consecutive weeks ~n
2143
De
any,
s. 932.704
a newspaper of general circulation, as defineo n s.
of seizure
entitlec
1992 SUPPLEME~NT TO FLORIDA STATUTES 1991 s. 932.70~55
no~ proceeded in good faith or that the seizing agency's
action whidh 'precipitated the forfe ture proceed ngs or
appeal was a gross abu'se of the agency's d scretion
The court may' ~r~er the seizing agency to pay the
awarbled attdm~y s' fees and bests from the appropriate
contraband forfeiture t~'ust fund.
932.7'055 Disposition of liens and forfeited prop-
~n erty.
r mail (1) Wben a seizing ~gency oPtams a final judgment
granting' forfeiture of rea property or personat IoroPerty
it may etect to
(a} Retaie the property for the agency's use
(b) Self the property at pub c aucbon or by sea ed
bidto the'highest'bidder, except f0r real property which
should De sod in a commerca~y reasonable manner
after-appraisal by lisbng on the rr{arket; or
(c.). Sal~age, trade, o.r transfer the property to any
pubhc (~r nonprofit org~nizatiorL '
(2.); II the forfeited property s subject to a en pre-
se~v~.d by, the court as P~'ovided in s. 932 703(6)(b), the
agency sBa/l:
(a) Sei] '~h'e property with the proceeds being used
towa~ ~tis~[~c ipn of any ens; or
~b):; Ha~'e fi~e I!en:s~,tisfied prior to taking any action
authbifzeb? by sbbseetfon (1).
the sale of fodeoteo property
following priori[y:
due on any l~en pre-
proceedings.
Dy the seizing
-=, maintenance
the chief
ers or
(c) An
incurred in the forfeiture
~fc¥cement trt~st fund established by the
body
e officer
~; drug abuse edu-
fbr other
the cosl
addi-
request by
or by
mat the
subsection
office or
its
~ ~uthorized put-
s. 932.7055 1992 SUPPLEMENT TO FLORIDA STATUTES 1991 s. 932.7055
pose. Such requests for expenditures shall include a (e) The Game and Fresh Water Fish Commission.
~tatement desbribing anbc~pated recurnng costs for the the proceeds accrued oursuant to the orovtslons of the
agency for subsequent fiscal ~,ears. An agency or orga- Florida ContraBand Fodelture Act shall be oepDe~ted
nization that receives money pursuant to this subsection ~nto the Wildlife Law Enforcement Trust Fund.
shall Browde an accounting for such moneys ~no shall
furnish the same reports as an agency of the county or
munlc~pat~ty that receives public funds. Such funds may
be expended ~n accordance w~th [ne following oroce-
dures:
1. Such funds may be used only for schoo resource
officbr, crime Dreventior safe neighborhood, drug
abuse education, or drug prevention programs or such
other law enforDerh~nt purposes as the board of county
commissioners or governing body of the municioa [y
Beams appropriate.
2. Such funds shall not be a source of revenue to
meet normar operaeng needs of the law enforcement
agency.
3. Aff(~r July 1. 1992. and danng every fiscal year
thereafter, any local aw enforcement agency that
acquires at least $15.000 pursuant to the Florida Contra-
band Fodeiture Act within a fiscal year must expeno or
donate no less than 15 percent of such oroceeds for the
support or ooeration of any drug treatment, drug abuse
educabon drug prevent on, cr me prevention, safe
neighborhood, or school resource officer orogram(s).
The local law enforcement agency, nas the discretion to
determine wn~cn program(s) will receive the designated
proceeds.
Notwithstanding the drug abuse education drug treat-
ment. orug prevention, crime prevention, safe neighbor-
hood, or SCRO01 resource officer minimum exoenditures
or oona[~ons, the sheriff and the board of county com-
missioDe[s or the chief of oo~ce and the governing body
of the municipaltty may agree to expend ar donate such
funds over a period of years if the exoendJture or dona-
tton of such minimum amount ~n any given fiscal year
would exceed the needs of the county or municipality for
sucr program(s). Nothing ~a th~s section preClUdeS [ne
exDenditure or donation of forfeiture aroceeds ~n excess
of the m~n~mum amounts established herein
(5) If the seizing agency ~s a state agency, all remain-
,ag oroceeos snail be deposited into the General Reve-
nue Fund. However, if the seizing agency ~s:
(a) The Department of Law Enforcement. the pro-
ceeds accrued pursuant to [ne orowsions of the Flooda
Contraband Forfeiture Act shall be deoos~ted into the
Forfeiture and Investigative Support Trust Fund.
(b) The Department of Natural Resources, me oro-
ceeds accrued pursuant to the orovisions of the Florida
Contraband Fodeiture Act shall De deposited into the
Motorboat Revolwng Trust Fund to be used for law
enforcement eurposes.
(c) The Division of Alcohohc Beverages and
Tobacco, the proceeds accrued pursuant to the Florida
Contraband Fodeiture Act sha be deoosited into the
AlcoDel~C Beverages Fodeiture abc Invesbgauve SUP-
POrt Trust Fund.
(d) The Deoartment of Highway Safety and Motor
Vehicles, the proceeds accrued pursuant to the Florida
Contraband Forfeiture Act shall De oeDosited into the
Depadment of Highway Safety and Motor Vehicles Trust
Fund.
(f) A state attorney's office acting within its Jd~c~al
o~rcuit me proceeds accrued oursuant to the erows~ons
of the Florida Contraband Forfeiture Act shall be depos-
ited into the State Attorney's Forfeiture and Invesbgabve
Support Trust Fund to be used for the investigation of
cnme and prosecubon of crimina s wnn~n [ne ludicial cir-
cuit
(g} A school board security ¢.geqcy employing law
enforcement officers the proceeds accrued pursuant to
the provisions of the Ftonda Cortraband Forfeiture Act
snail be deoosited into the School Board Law Enforce-
ment Trust Fund.
(h) One of the State Umverslty System police
departments acting within the jurisdiction of its employ-
~ng state university, the oroceeds accrued pursuant to
the Brows~ons of the Florida Contraband Forfeiture Act
shall ce oePos~ted tnto that state university's special law
enforcement trust funo.
(i) The Depadment ct Agdcutture abc Consumer
Services. the proceeds accrued pursuant to the prow-
s~ons of the Florida Contraband Forfeiture Act shall be
deposited into the Agricultural Law Enforcement Trust
Fund.
(6) If more than one law enforcement agency ~s act-
lng substantla y to effect the forfeiture the court Baying
jurisdiction over the forfeiture oroceedings shall upon
motion, equitably distribute all oroceeds and other crop-
arty among the seizing agencies
(7) UPon the sale of any motor vehicle, vessel, a~r-
craft, real property, or other property requiring a title, the
aDDrooriate agency snal ~ssue a btle certificate to the
ourchaser. Ueon tne reouest of any law enforcement
agency which elects to retain titled property after forfeit-
ure. tne appropriate state agency shall issue a title certif-
icate for such 3roper~y to said law enforcement agency
(8}(a) Every law enforcement agency snail submit
semiannual reports to the Depar[mem of Law Enforce-
men[ indicating whether tne agency has se,zed or for-
feited property under the Florida Contraband Forfeiture
Act. Any law enforcement agency receiving or expeno-
lng forfeited property or proceeds from tne sale of for.
retted oroperty In accoroance with the Florida Contra-
~and Forfeiture Act shall submit completed semiannual
reports, b~, Aeril 10. abe October 16 documenting the
'ecelpts and expenditures, on forms Bromu gated by the
~epartment of Law Enforcement. to the entity which has
3uogetary authority over SUCh agency and to the
Deoartment of Law Enforcement. The semiannual report
shall specify the type, approximate value, any court case
number, type of offense, disposition of me property
received and the amount of any proceeds received or
expended
(b) The Department of Law Enforcement shall sub-
mit an annual report to the criminal jusuce committees
of the House of Representabves and ct the Senate com-
piling the information and data related in the semiannual
reports submitted by the law enforcement agencies.
The annual report shall also contain a list of law enforce-
ment agencies which have failed to meet the reporting
2145
s. 932.7055 1992 SUPPLEMENT TO FLORIDA STATUTES 1991 s~ 940.03
requirements and a summary of any action ¢¢h~ch has
been taken against the qoncomplymg agency Dy tne
Office of the Comptroller.
(o) Neither the law enforcement agency nor me
entity hawng Budgetary control over the law enforce-
ment s~ency shall anticipate future forfeitures or pro-
ceeds .herefrom in the adoption and approval of the
eueget for the law enforcement agency.
HR ory.--s. 5. ch 92-54 S 2 Ch 92-2c~
932,706 Forfeiture training requirements.--The
Criminal vusoee Standards and Training Commission
shall develop a standardized course of training for basic
recruits which shaJl be designed to develoe proficiency
in the seizure and f(~rfeiture of property under the Florida
Contraoanc Forfeiture Act. Such course of training shall
be develooed and implemented by October 1. 1993.
932.707 Penalty for noncompliance with reporting
req~lirements.--An)- se~z~nc~ agency which fails to com-
ply with the reporting requirements as described IR s.
932.7Q55(8)(a), is subject to a civil fine of $5,000 payable
fo the General Revenue Fund. However, such agency
will not be subject to the fine ~f. within 60 days of receiB1
of written notification from the Department of Law
Enforcement of the noncomoliance with tne reporung
requirements of the Florida Contraband Fodeiture Act.
the agency substant a y complies with said require-
ments. The Department of Lew Enforcement shale sub-
mit any substantial noncompliance to the Office of the
Comptroller, Which shall be responsible for the enforce-
ment of this secbon.
CHAPTER 939
COSTS
939.01 Judgment for costs on conwchon.
939.01 Judgment for costs on conviction.--
(1) In a criminal cases the costs ct prosecuuon
3cludlng investigative costs incurred by law enforce.
merit agencies, and by fire departments for arson roves-
bgatiDes, it reouested ano oocumented By such agen-
cies. shall De mcludeo and entered in the iudgment rem
dered against me conwcteo eerson
(2) If the court does not enter costs or orders on~y
oarhal costs uno, er this section. ~t shall state on me rec-
ord the reasons therefor.
(3)(a) The court may require mat me defendant pay
the costs within a specified period or m seecified ~cetall-
ments.
(.b} The end of such period or the laSt such install-
1. The end of the period of probation or community
control t erobabon or commumt~, control is ordered:
2. Five years after the end of the term of ~mpr~son-
merit imposed, it the court does not order Probation or
community controh or
3. Five years after the date of sentencing ~n any
(c) If not ofherw~ce Drovt~3eo Dy the court Under this
seccon costs shall be Bald immediately
(4) If a defendant is olaceo on erooabon or commu-
nity control, any costs ordered under th~s section sna~
be a condition of such DroDatlofl or community control
The court may revoke predation or community control if
the defendant fails to COmB · wan such order,
fS~ The court tn determining whether to order costs
and the amount of such costs shall consider the amount
of the costs ncurred the financial resources o[ [ne
defendant the financial needs and earning ability of the
defendant and sucn omar factors wmcn a deems
appropriate.
{6) Any dispute as to tne proper amount or type of
costs ordered shall be resolved by the court By me pre-
ponderance of the evidence. The burden of demonstrat-
ing tne amount of costs ~ncurred ~s on me state attorney.
The burden of demDestrabng the financ~a resources of
the defendant and the financial needs of the defendant
is on the defendant. The burden of demonstrat ng such
other matters as the court deems appropcete s ueon
the part~ destgnated by me court as jusbce requires
(7) An~ default in paymen~ of costs ordered may De
collected by any means authorized by a.w for enforce-
'nent of a judgment.
(8) The court may oroer the clerk of the court to col-
ect and dispense cost payments m any case.
(9) Investigatwe costs which are recovered shall be
returned to the appropriate ~nvesugative agency wn,cn
incurred the expense. Costs shall include actual
expenses incurred in conducting the ~nvesdgat~on and
erosecution of the cdmmal case' however costs may
also include the salaries of permanent employees.
[10) Costs that are collected by the state attorney
under this section shall be deposited intc the state attor-
neys grants and donations trust fund [o be used during
the fiscal year in which the funds are collected, or ~n any
subseouem fiscal year. for actual expenses ncurred -
investigating and prosecutlnc_ cnm~cel cases, which maC
inciude the salaries of eermanent employees
CHAPTER 940
EXECUTIVE CLEMENCY
940.03 ADDhCabOn for executive clemency.
940,03 Application for executive clemency.
When any person intends to apply for rem~ssion of an',
fine or forfeiture or the commutation of any oun~shmenl
or for pardon or restorabon of CiVil ngnts ne shall
request an application form from the Parole Commission
n comDhance with such rules regarding apphoat~on for
executive clemency as are adopted by the Governor
w~th the aDoroval of three members of the Cab net. Such
abolicahon may require the submission of a cerhfled
copy of the applicant'-¢ ~ndlctment or reformation. [ne
judgment adjud~cabng [ne acelicant to be guilty, and the
sentence, if sentence has been irnDosed, and may a~so
require the applicant to send a copy of the applicabon
to the judge and prosecuting attorney of the court m
2146