[Footnote 1] 895.09 Disposition of funds
obtained through forfeiture proceedings. ---
(1) A court entering a judgment of forfeiture in a proceeding
brought pursuant to s. 895.05 shall retain jurisdiction to direct the
distribution of any cash or of any cash proceeds realized from the forfeiture
and disposition of the property. The court shall direct the distribution of
the funds in the following order of priority:
(a) Any statutory fees to which the clerk of the court may be
entitled.
(b) Any claims against the property by persons who have previously
been judicially determined to be innocent persons, pursuant to the provisions
of s. 895.05(2)(c), and whose interests are preserved from forfeiture by the
court and not otherwise satisfied. Such claims may include any claim by a
person appointed by the court as receiver pending litigation.
(c) Any claim by the Board of Trustees of the Internal Improvement
Trust Fund on behalf of the Forfeited Property Trust Fund or the Land
Acquisition Trust Fund pursuant to s. 253.03(13), not including
administrative costs of the Department of Environmental Protection previously
paid directly from the Forfeited Property Trust Fund in accordance with
legislative appropriation.
(2)
(a) Following satisfaction of all valid claims under subsection (1),
25 percent of the remainder of the funds obtained in the forfeiture
proceedings pursuant to s. 895.05 shall be deposited as provided in paragraph
(b) into the appropriate trust fund of the Department of Legal Affairs or
state attorney's office which filed the civil forfeiture action; 25 percent
shall be deposited as provided in paragraph (c) into the law enforcement
trust fund of the investigating law enforcement agency conducting the
investigation which resulted in or significantly contributed to the
forfeiture of the property; 25 percent shall be deposited as provided in
paragraph (d) in the Substance Abuse Trust Fund of the Department of Health
and Rehabilitative Services; and the remaining 25 percent shall be deposited
in the Forfeited Property Trust Fund of the Department of Environmental
Protection. When a forfeiture action is filed by the Department of Legal
Affairs or a state attorney, the court entering the judgment of forfeiture
shall, taking into account the overall effort and contribution to the
investigation and forfeiture action by the agencies that filed the action,
make a pro rata apportionment among such agencies of the funds available for
distribution to the agencies filing the action as provided in this section.
If multiple investigating law enforcement agencies have contributed to the
forfeiture of the property, the court which entered the judgment of
forfeiture shall, taking into account the overall effort and contribution of
the agencies to the investigation and forfeiture action, make a pro rata
apportionment among such investigating law enforcement agencies of the funds
available for distribution to the investigating agencies as provided in this
section.
(b) If a forfeiture action is filed by the Attorney General, any
funds obtained by the Department of Legal Affairs by reason of paragraph (a)
shall be deposited in the Legal Affairs Revolving Trust Fund as established
by s. 16.53 and may be expended for the purposes and in the manner authorized
in that section. If a forfeiture action is filed by a state attorney, any
funds obtained by the state attorney's office by reason of paragraph (a)
shall be deposited in the State Attorney RICO Trust Fund as established by s.
27.345 and may be expended for the purposes and in the manner authorized in
that section. In addition, any funds that are distributed pursuant to this
section to an agency filing a forfeiture action may be used to pay the costs
of investigations of violations of this chapter and the criminal prosecutions
and civil actions related thereto. Such costs may include all taxable costs;
costs of protecting, maintaining, and forfeiting the property; employees'
base salaries and compensation for overtime; and such other costs as are
directly attributable to the investigation, prosecution, or civil
action.
(c) Any funds distributed to an investigating law enforcement agency
under paragraph (a) shall be deposited in the special law enforcement trust
fund established for that agency pursuant to s. 932.7055 and expended for the
purposes and in the manner authorized in that section. In addition, any funds
distributed to an investigating law enforcement agency pursuant to this
section may be used to pay the costs of investigations of violations of this
chapter and the criminal prosecutions and civil actions related thereto,
pursuant to s. 932.7055. Such costs may include all taxable costs; costs of
protecting, maintaining, and forfeiting the property; employees' base
salaries and compensation for overtime; and such other costs directly
attributable to the investigation, prosecution, or civil action.
(d) The Department of Health and Rehabilitative Services shall, in
accordance with chapter 397, distribute funds obtained by it pursuant to
paragraph (a) to public and private nonprofit organizations licensed by the
department to provide substance abuse treatment and rehabilitation centers or
substance abuse prevention and youth orientation programs in the service
district in which the final order of forfeiture is entered by the
court.
(e) On a quarterly basis, any excess funds, including interest, over
$1 million deposited in the Forfeited Property Trust Fund of the Department
of Environmental Protection in accordance with paragraph (a) shall be
deposited in the Substance Abuse Trust Fund of the Department of Health and
Rehabilitative Services.
(3) Nothing in this section shall be construed to limit the
authority of an entity that files a forfeiture action to compromise a claim
for forfeiture; however, any proceeds arising from a compromise or from the
sale of property obtained in a compromise shall be distributed in the manner
provided in subsections (1) and (2).
(4) Pending the final distribution of the cash or cash proceeds
pursuant to this section, the court may authorize the cash or cash proceeds
to be deposited in the court registry or in a qualified public
depository.
(5) For purposes of this section, the term "cash or cash
proceeds" includes, but is not limited to, damages or penalties or any other
monetary payment, the monetary proceeds from property forfeited to the state
pursuant to s. 895.05, or any payment made by any defendant by reason of any
decree or settlement in any action filed pursuant to s.
895.05.
History: s. 1, ch. 84-249; s. 2, ch. 85-306; s. 7, ch. 86-277; s. 21, ch.
88-381; ss. 1, 6, ch. 89-102; ss. 8, 9, ch. 92-54; s. 41, ch. 93-39; s. 16,
ch. 94-316; s. 478, ch. 94-356.
[Footnote 1] Note. Section 18, ch. 94-316, provides for
applicability to distributions of proceeds relative to the Legal Affairs
Revolving Trust Fund occurring on or after July 1, 1994.