Agenda Item 4BAGENDA ITEM # 413
CITY OF ATLANTIC BEACH JULY 8, 2013
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Forfeiture Funds
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SUBMITTED BY: Michael D. Classey, Chief of Police
DATE: June 13, 2013
STRATEGIC PLAN LINK: N/A
BACKGROUND:
Forfeiture funds are money or other valuables seized by the Police Department, generally from drug
cases. Florida State Statute (FSS) 932.7055 (5) (a) and (b) governs the requirements for expending those
finds and requires approval from the governing body. Specifically, it states that the proceeds may not be
used to meet normal operating expenses of the agency. A few of the permissible uses would be training,
memberships and providing additional equipment.
Under the terms of our Justice Assistance Grant for the Crime Suppression Unit (CSU), Program
Generated Income (PGI) is money seized during a CSU investigation. PGI is a specific type of forfeiture
finds. That money has to be put back into the CSU program and has to be approved by the Florida
Department of Law Enforcement (FDLE). There is currently $5,493 of PGI which must be expended.
Staff has identified equipment to purchase with the PGI and other forfeiture Rinds that will enhance the
effectiveness of CSU. The equipment is a mobile data extraction device which will capture and download
data from cell or smart phones and GPS units. Smart phones are so prevalent in many peoples' lives that
the police department encounters them on a very frequent basis. Whether it is extracting data from a drug
dealer's phone or downloading video evidence from a witness' phone, it has become a virtual necessity
for the detectives to have this capability to obtain this evidence for investigations and successful
prosecutions. The total cost of this equipment is $12,083 and has been approved by FDLE. The remaining
$6,590 will be paid for by using other forfeiture funds, if approved by the Commission.
The forfeiture statute requires a request to expend the funds be made to the governing body of the
municipality. It also requires a written certification that the request complies with the provisions of the
statute.
I do certify that these requests comply with the provisions of FSS 932.7055 (5) (b).
BUDGET: $12,083 from the forfeiture account to purchase the device and $3,500 from the General Fund
beginning in the second year for annual maintenance.
RECOMMENDATIONS: Staff recommends the approval to expend $12,083 of forfeiture finds for
equipment purchases as described above and $3,500 from the General Fund budget beginning in the
second year.
ATTACHMENTS: FSS 932.7055
REVIEWED BY CITY MANAGER:
Statutes & Constitution :View Statutes : Online Sunshine AGENDA ITEM# 4B
JULY 8, 2013
Select Year: 2012 v Go
The 2012 Florida Statutes
Title XLVII Chapter 932 View Entire
CRIMINAL PROCEDURE AND PROVISIONS SUPPLEMENTAL TO CRIMINAL Chapter
CORRECTIONS PROCEDURE LAW
932.7055 Disposition of liens and forfeited property. —
(1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal
property, it may elect to:
(a) Retain the property for the agency's use;
(b) Sell the property at public auction or by sealed bid to the highest bidder, except for real
property which should be sold in a commercially reasonable manner after appraisal by listing on the
market; or
(c) Salvage, trade, or transfer the property to any public or nonprofit organization.
(2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on
which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact
disc, or fixed disk made in violation of s. 810.145 when the image and the medium on which it is
recorded is no longer needed for an official purpose. The agency may not sell or retain any image.
(3) If the forfeited property is subject to a lien preserved by the court as provided in s. 932.703(6)
(b), the agency shall:
(a) Sell the property with the proceeds being used towards satisfaction of any liens; or
(b) Have the lien satisfied prior to taking any action authorized by subsection (1).
(4) The proceeds from the sale of forfeited property shall be disbursed in the following priority:
(a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings.
(b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance,
security, and forfeiture of such property.
(c) Payment of court costs incurred in the forfeiture proceeding.
;(d) Notwithstanding any other provision of this subsection, and for the 2012 -2013 fiscal year only,
the funds in a special law enforcement trust fund established by the governing body of a municipality
may be expended to reimburse the general fund of the municipality for moneys advanced from the
general fund to the special law enforcement trust fund before October 1, 2001. This paragraph expires
July 1, 2013.
(5) (a) If the seizing agency is a county or municipal agency, the remaining proceeds shall be
deposited in a special law enforcement trust fund established by the board of county commissioners or
the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for
school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention
programs, or for other law enforcement purposes, which include defraying the cost of protracted or
complex investigations, providing additional equipment or expertise, purchasing automated external
defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal
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grants. The proceeds and interest may not be used to meet normal operating expenses of the law
enforcement agency.
(b) These funds may be expended upon request by the sheriff to the board of county commissioners
or by the chief of police to the governing body of the municipality, accompanied by a written
certification that the request complies with the provisions of this subsection, and only upon
appropriation to the sheriff's office or police department by the board of county commissioners or the
governing body of the municipality.
(c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall
apply to the sheriff or chief of police for an appropriation and its application shalt be accompanied by a
written certification that the moneys will be used for an authorized purpose. Such requests for
expenditures shall include a statement describing anticipated recurring costs for the agency for
subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall
provide an accounting for such moneys and shall furnish the same reports as an agency of the county or
municipality that receives public funds. Such funds may be expended in accordance with the following
procedures:
1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood,
drug abuse education, or drug prevention programs or such other law enforcement purposes as the
board of county commissioners or governing body of the municipality deems appropriate.
2. Such funds shall not be a source of revenue to meet normal operating needs of the law
enforcement agency.
3. After July 1, 1992, and during every fiscal year thereafter, any local law enforcement agency that
acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must
expend or donate no less than 15 percent of such proceeds for the support or operation of any drug
treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school
resource officer program(s). The local law enforcement agency has the discretion to determine which
program(s) will receive the designated proceeds.
Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe
neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board
of county commissioners or the chief of police and the governing body of the municipality may agree to
expend or donate such funds over a period of years if the expenditure or donation of such minimum
amount in any given fiscal year would exceed the needs of the county or municipality for such program
(s). Nothing in this section precludes the expenditure or donation of forfeiture proceeds in excess of the
minimum amounts established herein.
(6) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the
General Revenue Fund. However, if the seizing agency is:
(a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the
Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust
Fund as provided in s. 443.362 or into the department's Federal Law Enforcement Trust Fund as
provided in s. 943.365, as applicable.
(b) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida
Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into
the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable.
(c) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the
Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor
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Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a) or into the department's Federal
Law Enforcement Trust Fund as provided in s. 932.705(1)(b), as applicable.
(d) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions
of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided
in ss. 379.338, 379.339, and 379.3395 or into the Marine Resources Conservation Trust Fund as provided
in s. 379.337.
(e) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the
provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's
Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution
of criminals within the judicial circuit.
(f) A school board security agency employing law enforcement officers, the proceeds accrued
pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School
Board Law Enforcement Trust Fund.
(g) One of the State University System police departments acting within the jurisdiction of its
employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband
Forfeiture Act shall be deposited into that state university's special law enforcement trust fund.
(h) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the
provisions of the Florida Contraband Forfeiture Act shall be deposited into the Agricultural Law
Enforcement Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s.
570.205, as applicable.
(i) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant
to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited
into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on
the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as
provided in s. 250.175, as applicable.
(j) The Department of Transportation, the proceeds accrued pursuant to the provisions of the
Florida Contraband Forfeiture Act shall be deposited into the State Transportation Trust Fund to be used
for purposes of drug interdiction or into the department's Federal Law Enforcement Trust Fund as
provided in s. 339.082, as applicable.
(k) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued
pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the
Department of Legal Affairs Grants and Donations Trust Fund to be used for investigation and
prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control
Unit.
(l) The Division of State Fire Marshal in the Department of Financial Services, the proceeds accrued
under the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund
to be used for the purposes of arson suppression, arson investigation, and the funding of anti -arson
rewards.
(m) The Division of Insurance Fraud of the Department of Financial Services, the proceeds accrued
pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Insurance
Regulatory Trust Fund as provided in s. 626.9893 or into the Department of Financial Services' Federal
Law Enforcement Trust Fund as provided in s. 17.43, as applicable.
(7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the
court having jurisdiction over the forfeiture proceedings shall, upon motion, equitably distribute all
proceeds and other property among the seizing agencies.
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(8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a
title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law
enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency
shall issue a title certificate for such property to said law enforcement agency.
(9) Neither the law enforcement agency nor the entity having budgetary control over the law
enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and
approval of the budget for the law enforcement agency.
History. -s. 5, ch. 92 -54; s. 2, ch. 92 -290; s. 21, ch. 94.265; s. 479, ch. 94 -356, s. 5, ch, 95 -265; s. 72, ch. 96 -321; s. 41,
ch. 96 -418; s. 2, ch. 98.387; s. 3, ch. 98- 389; s. 4, ch, 98 -390; s. 5, ch. 98.391; s. 2, ch. 98 -392; s. 2, ch. 98-393; s. 2, ch. 98•
394; s. 61, ch. 99.245; s. 2, ch. 2000 -147; ss. 26, 79, ch. 2002 -402; s. 1923, ch. 2003 -261; s. 37, ch. 2003 -399; s. 3, ch. 2004-
39; s. 38, ch. 2004 -234; s. 16, ch. 2004.344; s, 23, ch. 2005 -3; s. 19, ch, 2005.71; s. 2, ch, 2005.109; s, 5, ch. 2005.117; s. 11,
ch. 2006 -26; s. 20, ch. 2006 -176; s. 21, ch. 2006 -305; s, 7, ch. 2007.14; s. 10, ch. 2007.73; s. 10, ch. 2008-153; s. 207, ch.
2008-247; s, 7, ch. 2009 -82; s. 8, ch. 2010.153; s. 18, ch. 2011.47; s. 31, ch. 2012-88; s. 15, ch. 2012 -119.
iNote. -- Section 15, ch, 2012 -119, amended paragraph (4)(d) "(i]n order to implement Specific Appropriations 1297B and
1299 of the 2012 -2013 General Appropriations Act,"
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