Staff Reports
Police would have to charge people with a crime before they can seize their money, cars, homes or other property under a bill going to Gov. Rick Scott.
State Sen. Jeff Brandes‘ bill (SB 1044) was passed by the House 116-0 on Tuesday. The St. Petersburg Republican’s proposal garnered support from both liberals and conservatives.
The measure is designed to prevent abuses of the current law, which doesn’t require an arrest before property is seized, but rather law enforcement’s belief that it was likely used in a crime.
Law enforcement officials opposed it until a compromise that removed language that would have also required a conviction before law agencies could keep seized property.
Brandes’ bill would take other steps to protect property owners from abuses. Law enforcement agencies would have to pay a $1,000 court fee when seizing property and post a $1,500 bond that would be payable to the property owner if it’s later determined property was improperly taken.
There has been a push for similar laws nationally that has united conservative and liberal groups and Democrats and Republicans.
Last year at least 20 states considered bills seeking changes to civil asset forfeiture laws. New Mexico and Montana enacted laws that require convictions for law enforcement to keep seized property.
A similar bill in Wyoming was vetoed by Gov. Matt Mead, a former U.S. attorney.
The Associated Press contributed to this post.
