Jeff Brandes, Matt Caldwell want to rein in asset seizure by law enforcement

A pair of Republican lawmakers spoke to reporters Thursday about their proposal to revamp the seizure of assets by police in Florida, amid reports the value of property taken from suspects across the country now exceeds that of property stolen by criminals.

St. Petersburg Sen. Jeff Brandes and Lehigh Acres Rep. Matt Caldwell told assembled media some elements of law enforcement are wrongly “self-appropriating” funds by taking advantage of civil forfeiture laws.

The legislators say some laws — like the landmark federal RICO Act passed in part to snag ill-gotten treasure from mobsters and racketeers — have created “perverse incentives” for police that encourage them to seize first and ask questions later.

The state’s civil forfeiture framework has been distorted, said Brandes, such that a law intended to seize airplanes trafficking kilos of cocaine has been misused in some cases to seize cars which carried as little as one illegal pill, or houses where relatives had sold narcotics out of the front yard.

The bills, SB 1044 and HB 883 respectively, would stipulate assets or property may only be seized under the Florida Contraband Forfeiture Act after a criminal defendant has been convicted of a crime. Up to that point, assets suspected to be connected to a crime may be only temporarily revoked under a provisional title obtained by police.

Under current, police can seize assets without even bringing charges against a defendant.

Citizens whose property has been seized often lack the resources to challenge such actions, as they must pursue it through civil court where an attorney is not provided by the state. In many cases citizens simply walk away, as the value of the property is often lower than the cost of the legal fight they face.

“If the state is going to keep your property, you should first actually be convicted of a crime,” said Brandes. “At the core, it’s a matter of property rights and due process.”

Asked whether he expected pushback from law enforcement groups, Brandes said he expects a “robust conversation” on the issue.

The just-filed bills have not yet assigned to committees, but Brandes said he is hopeful they will receive due consideration by the Legislature.