Florida Statute 943.042 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 943
DEPARTMENT OF LAW ENFORCEMENT

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F.S. 943.042

943.042 Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account.—

(1) There is created a Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account within the Department of Law Enforcement Operating Trust Fund. The account shall be used to provide emergency supplemental funds to:

(a) State and local law enforcement agencies that are involved in complex and lengthy violent crime investigations, or matching funding to multiagency or statewide drug control or illicit money laundering investigative efforts or task force efforts that significantly contribute to achieving the state’s goal of reducing drug-related crime, that represent a significant illicit money laundering investigative effort, or that otherwise significantly support statewide strategies developed by the Statewide Drug Policy Advisory Council established under s. 397.333;

(b) State and local law enforcement agencies that are involved in violent crime investigations which constitute a significant emergency within the state; or

(c) Counties that demonstrate a significant hardship or an inability to cover extraordinary expenses associated with a violent crime trial.

(2) In consultation with the Florida Violent Crime and Drug Control Council, the department must maintain rules which, at minimum, address the following:

(a) Criteria for determining what constitutes a complex and lengthy violent crime investigation for the purpose of this section.

(b) Criteria for determining those violent crime investigations which constitute a significant emergency within the state for the purpose of this section.

(c) Criteria for determining the circumstances under which counties may receive emergency supplemental funds for extraordinary expenses associated with a violent crime trial under this section.

(d) Guidelines which establish a $100,000 maximum limit on the amount that may be disbursed on a single investigation and a $200,000 maximum limit on funds that may be provided to a single agency during the agency’s fiscal year.

(e) Procedures for law enforcement agencies to use when applying for funds, including certification by the head of the agency that a request complies with the requirements established by the council.

(f) Annual evaluation and audit of the trust fund.

(3) With regard to the funding of drug control or illicit money laundering investigative efforts or task force efforts, the department shall adopt rules which, at a minimum, address the following:

(a) Criteria for determining what constitutes a multiagency or statewide drug control or illicit money laundering investigative effort or task force effort eligible to seek funding under this section.

(b) Criteria for determining whether a multiagency or statewide investigation or task force effort significantly contributes to achieving the state’s goals and strategies.

(c) Limitations upon the amount that may be disbursed yearly to a single multiagency or statewide drug control or illicit money laundering investigation or task force effort.

(d) Procedures to utilize when applying for funds, including a required designation of the amount of matching funds being provided by the task force or participating agencies and a signed commitment by the head of each agency seeking funds that funds so designated will be utilized as represented if council funding is provided.

(e) Requirements to expend funds provided by the council in the manner authorized by the council, and a method of accounting for the receipt, use, and disbursement of any funds expended in drug control or illicit money laundering investigative efforts or task force efforts funded in part under the authority of this section.

(f) Requirements for reporting by recipient agencies on the performance and accomplishments secured by the investigative or task force efforts, including a requirement that the reports demonstrate how the state’s drug control goals and strategies have been promoted by the efforts, and how other investigative goals have been met, including arrests made by such efforts, results of prosecutions based on such arrests, impact upon organized criminal enterprise structures by reason of such efforts, property or currency seizures made, illicit money laundering operations disrupted or otherwise impacted, forfeiture of assets by reason of such efforts, and anticipated or actual utilization of assets received by reason of a forfeiture based in whole or in part upon an investigation funded in whole or in part by council funds.

(4)(a) Except as permitted in this section, a disbursement from the Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account shall not be used to supplant existing appropriations of state and local law enforcement agencies and counties or to otherwise fund expenditures that are ordinary or reasonably predictable for the operation of a state or local law enforcement agency.

(b) The moneys placed in the account shall consist of appropriations from the Legislature or moneys received from any other public or private source. Any local law enforcement agency that acquires funds pursuant to the Florida Contraband Forfeiture Act or any other forfeiture action is authorized to donate a portion of such funds to the account.

(c) Upon a finding by a majority of the members of the council, any unexcused failure by recipient agencies or task forces to utilize funds in the manner authorized by this section and the Florida Violent Crime and Drug Control Council, or to timely provide required accounting records, reports, or other information requested by the council or by the department related to funding requested or provided, shall:

1. Constitute a basis for a demand by the council for the immediate return of all or any portion of funds previously provided to the recipient by the council; and

2. Result in termination or limitation of any pending funding by the council under this section,

and may, upon specific direction of a majority of the council, result in disqualification of the involved agencies or task forces from consideration for additional or future funding for investigative efforts as described in this section for a period of not more than 2 years following the council’s action. The council, through the department, is authorized to pursue any collection remedies necessary if a recipient agency fails to return funds as demanded.

History.—s. 3, ch. 93-204; s. 3, ch. 94-215; s. 2, ch. 97-302; s. 3, ch. 2001-127; s. 10, ch. 2011-51.

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Amendments to 943.042

Arrestable Offenses / Crimes under Fla. Stat. 943.042

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 943.042.

Annotations, Discussions, Cases:

Cases Citing Statute 943.042

Total Results: 20

State v. Crenshaw

Court: Fla. | Date Filed: 1989-08-31T00:53:00-07:00

Citation: 548 So. 2d 223

Snippet: literal reading of the language contained in Section 943.42, Florida Statutes (1975), would support the trial

Duckham v. State

Court: Fla. | Date Filed: 1985-11-06T23:53:00-08:00

Citation: 478 So. 2d 347

Snippet: literal reading of the language contained in Section 943.42, Florida Statutes (1975) [now section 932.702],

Lámar v. Universal Supply Co., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-06-07T00:53:00-07:00

Citation: 452 So. 2d 627

Snippet: being used in violation of any provision of s. 943.42 or in, upon, or by means of which, any violation

In re the Forfeiture of United States Currency in the Amount of Five Thousand Three Hundred Dollars

Court: Fla. Dist. Ct. App. | Date Filed: 1983-04-13T00:00:00-08:00

Citation: 429 So. 2d 800, 1983 Fla. App. LEXIS 19522

Snippet: Adam Harp did unlawfully violate Florida Statute 943.42 by concealing, possessing, or using a contraband

In re Forfeiture of One 1973 Mercedes Benz Motor Vehicle V.I.N.: 10806712020253

Court: Fla. Dist. Ct. App. | Date Filed: 1982-12-15T00:00:00-08:00

Citation: 423 So. 2d 535, 1982 Fla. App. LEXIS 22175

Snippet: the Rule to Show Cause was issued. . Section 943.42, Florida Statutes (Supp.1980), provides: Unlawful

Marks v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1982-07-14T00:53:00-07:00

Citation: 416 So. 2d 872

Snippet: Florida Statutes (Supp. 1980). [3] Formerly section 943.42, Florida Statutes (Supp. 1980). [4] Section 932.703

Booker v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1982-07-08T00:00:00-07:00

Citation: 417 So. 2d 279, 1982 Fla. App. LEXIS 20451

Snippet: any contraband article” in violation of Section 943.42 Florida Statutes (Supp.1980). We affirm. The vessel

City of Tallahassee v. Forfeiture of One Yellow 1979 Fiat 2-Door Sedan Florida Tag No. FVN-467

Court: Fla. Dist. Ct. App. | Date Filed: 1982-05-26T00:00:00-07:00

Citation: 414 So. 2d 1100, 1982 Fla. App. LEXIS 20082

Snippet: of any provision of Section 943.42 .. . shall be seized. Section 943.42(l)-(4), Florida Statutes (1980…or] sale ... of any contraband article.” Section 943.42 and Section 943.43, Florida Statutes (1974 Supp

Hoover v. State ex rel. Eagan

Court: Fla. Dist. Ct. App. | Date Filed: 1982-01-27T00:00:00-08:00

Citation: 409 So. 2d 123, 1982 Fla. App. LEXIS 19067

Snippet: provision of chapter 893. (emphasis added) Section 943.42, Florida Statutes (Supp. 1980), provides that: … its possession is unlawful pursuant to section 943.42(4). However, Hoover notes that forfeitures are …is being used in violation of any provision of s.943.42 or in, upon, or by means of which, any violation…is being used in violation of any provision of s.943.42 or in, upon, or by means of which, any violation…articles or contraband property used in violation of s.943.42 shall immediately vest in the state upon seizure

Ago

Court: Fla. Att'y Gen. | Date Filed: 1981-12-28T23:53:00-08:00

Snippet: any provision of s. 932.702, F.S. 1981 (former s. 943.42, F.S.). Subsection (1) of s. 932.704, F.S. 1981

State v. Peters

Court: Fla. Dist. Ct. App. | Date Filed: 1981-07-29T00:53:00-07:00

Citation: 401 So. 2d 838

Snippet: being used in violation of any provision of section 943.42 or in, upon, or by means of which, any violation

In Re 36'Uniflite," Pioneer I," Reg. No. FL 7894 AH

Court: Fla. Dist. Ct. App. | Date Filed: 1981-03-31T23:53:00-08:00

Citation: 398 So. 2d 457

Snippet: being used in violation of any provision of s. 943.42 or in, upon, or by means of which, any violation

One 1978 Lincoln Versailles, Georgia License MZR 349, VIN 8w84g804437 v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1980-10-22T00:00:00-07:00

Citation: 388 So. 2d 1383, 1980 Fla. App. LEXIS 17431

Snippet: forfeiting his motor vehicle pursuant to Section 943.42, Florida Statutes (1979), which makes unlawful …transporting cannabis and cocaine in violation of Section 943.42, Florida Statutes (1975). The trial court found

Famiglietti v. State ex rel. Broward County ex rel. Broward County Sheriff's Office

Court: Fla. Dist. Ct. App. | Date Filed: 1980-04-02T00:00:00-08:00

Citation: 382 So. 2d 767, 1980 Fla. App. LEXIS 15839

Snippet: reason that it was used in violation of Sections 943.42 through 943.44, Florida Statutes. Appellant points

Metropolitan Dade County v. Garcia

Court: Fla. Dist. Ct. App. | Date Filed: 1979-09-18T00:53:00-07:00

Citation: 375 So. 2d 45

Snippet: being used in violation of any provision of s. 943.42 or in, upon, or by means of which, any violation

Alvarez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1979-09-07T00:00:00-07:00

Citation: 374 So. 2d 1119, 1979 Fla. App. LEXIS 15466

Snippet: being used in violation of any provision of s. 943.42 or in, upon, or by means of which, any violation…trial judge evidently believed that under Sections 943.42-.44 all that was necessary to justify forfeiture

ONE 1973 CADILLAC, ETC. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1979-05-11T00:53:00-07:00

Citation: 372 So. 2d 103

Snippet: being used in violation of any provision of s. 943.42 or in, upon, or by means of which, any violation

Mosley v. State Ex Rel. Broward Cty.

Court: Fla. Dist. Ct. App. | Date Filed: 1978-10-11T00:53:00-07:00

Citation: 363 So. 2d 172

Snippet: 307 So.2d 451 (Fla. 3rd DCA 1975). [6] Section 943.42(3), Florida Statutes (1977). [7] In Platt v. United

Brown v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1978-04-18T00:00:00-08:00

Citation: 357 So. 2d 472, 1978 Fla. App. LEXIS 15720

Snippet: of Section 943.42. Brown answered denying he used the car in violation of Section 943.42. The evidence…. The automobile was seized pursuant to Section 943.42. The State filed a petition for rule to show cause

Nichols v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1978-03-30T23:53:00-08:00

Citation: 356 So. 2d 933

Snippet: ensued. The state correctly points out that Section 943.42, Florida Statutes (1975), makes it unlawful to