As reported by The Daily Signal, Florida is paving the way for civil asset forfeiture reform.
State Senator Jeff Brandes (Tampa-R) has filed SB 1534: Disposition of Liens and Forfeited Property which is aimed on changing the way Florida deals with seized property and assets by the police.Currently law enforcement agencies are allowed to seize property and money associated with criminal conduct to relieve drug lords and organized crime members of their ill-gotten gains. Those agencies are then allowed to keep the seized assets. This creates a powerful financial incentive to seize and forfeit property.
In Florida seized assets and property have been used for official use and they spend the money on “law enforcement purposes.” This is very vague and has been used by a lot of jurisdictions in a variety of shady expenditures.
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Under Brandes’ bill new restrictions will be imposed on how Florida authorities can spend the money they obtain. State agencies would be permitted to spend the funds only to reimburse themselves for costs incurred of holding the seized property, for paying down liens on the seized property and for any outstanding court costs. The remaining proceeds would go to the Crimes Compensation Trust Fund.
Whereas county and municipal agencies would be treated differently both would be required to deposit half of their forfeiture proceeds into a trust fund established by local elected officials which could only be used to support crime and drug prevention programs, school resource officers and safe neighborhood programs. The only half would be given to the Crimes Compensation Trust Fund.
The proposed law makes it very clear that no law enforcement agency regardless if they are state, county or municipal would be able to retain the seized property for their own use. It also prohibits the agencies from relying on the monies as part of their budgets.You can read the full text of the bill here: SB.1534