Item 8CAGENDA ITEM # 8C
JUNE 8, 2009
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Authorization to spend forfeiture funds for police related items.
DATE: May 29, 2009
SUBMITTED BY: Michael D. Classey, Chief of Police
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
funds 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.
The current annual budget for this account is $3,000, but included no details on what the money was to be
used for. $1,618 of the $3,000 is Program Generated Income (PGI), which was seized in a CSU case. That
money has to be specifically put back into the program, CSU, and has to be approved by the Florida
Department of Law Enforcement.
We have identified three pieces of equipment to purchase with the PGI funds that will enhance the
effectiveness of CSU. These items are an audio transmitter body bug, a button camera with night vision
capabilities and an image stabilized binocular unit. The total cost of this equipment is $1,640 and has been
approved by FDLE. We also have an existing invoice for the gym memberships provided for our officers
which is just under $1,000. This will almost completely deplete the balance in this account.
However, we also have a Forfeiture Fund balance account with additional revenues, which we
recommend appropriating $9,700 to the expenditure account. Currently in our Communications section,
we have 2 work stations, but the second work station is not fully equipped and does not have the software
for our Computer Aided Dispatch System (CAD). This severely limits the effectiveness of the 2°d work
station. The cost to purchase this additional software is $8,700.
In addition to the 2°d CAD station, we will be receiving another semiannual bill for just under $1,000 for
the gym memberships. No General Fund money was allocated for this expense. I do certify that these
requests comply with the provisions of FSS 932.7055 (5) (b).
BUDGET: $9,700
RECOMMENDATIONS: Staff recommends the approval of utilization of the existing $3,000 as
described above. Further, that $9,700 from the Forfeiture fund balance be transferred to the Forfeiture
expenditure account for the purchases described above. This would be accomplished through a budget
ordinance at a future meeting.
ATTACHMENTS: FSS 932.7055
REVIEWED BY CITY MANAGER:
AGENDA ITEM NUMBER:
Statutes & Constitution :View Statutes :->2008->Ch0932->Section 7055 : On{ine ... Page 1 of 5
AGENDA ITEM # 8C
JUNE 8, 2009
Select Year: 2008 Go
The 2008 Florida Statutes
Title XLVII Chanter 932 View E_n_tire
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. 810.14 when the image and the medium on which it is recorded is no
longer needed for an official p~~rpose. 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. 93_2.703(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 2008-2009 fiscal year only, the
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AGENDA ITEM # 8C
JUNE 8, 2009
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 prior to October 1, 2001. This paragraph expires July 1, 2009.
(5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in
a p cial 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 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
t ief 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 shall 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 taw enforcement purposes as the board of
county commissioners or governing body of the municipality deems appropriate.
Z. 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
http://www.leg.state.fl. us/statutes/index.cfm?App_mode=Display_Statute&Searc... 05/29/2009