Item 8AAGENDA ITEM # 8A
STAFF REPORT MAY aa, aolo
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Forfeiture Funds
DATE: May 7, 2010
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 (F.S.S.) 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 $7,000
First, we have identified a piece of equipment to purchase with forfeiture funds. The Police
Department frequently receives traffic complaints. By far, the most common complaint is about
speeding. A pole mountedtraffic/speed counter would be very beneficial to the department in
addressing these complaints. It would provide reports on traffic volume and the speed of vehicles
broken down by the hour. This would be very helpful in determining the extent of the problem. It
would also provide the necessary information to determine when the greatest numbers of violations are
occurring. The total cost of this equipment is $3,831.
Second, we will have an expense this year for the gym memberships provided for our officers, which is
approximately $2,000. There was no General Fund money allocated for this expense.
The funds are already budgeted in the forfeiture account for these specific purchases. However, prior to
spending this money, Florida Statute requires Commission approval.
I do certify that these requests comply with the provisions of FSS 932.7055 (5) (b).
BUDGET: $5,831
RECOMMENDATIONS: Staff recommends the approval for utilization of $3,831 as described
above for the equipment purchase. Further, that $2,000 be approved for the police officers gym
memberships.
ATTACHMENTS: FSS 932.7005
REVIEWED BY CITY
Statutes 8t Constztuizon :VteW StatUteS :->2009->Ch0932>Section 7055 : 01111IIe S11lLS~t AGENDA ITEM # 8A
MAY 24, 2010
Select Year: 2009
The 2009 Florida Statutes
Title_XlVll Chapter_932 Vew_ 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) Set( 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 ~ the market; or
{c} Salvage, trade, or transfer the property to any public or nonprofit organization.
(Z) Notwithstanding subsection (t ), 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- Selt the property with the proceeds being used towards satisfaction of any liens; or
(bi 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 2009-2010 fiscal year only, the
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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 far moneys advanced from the general
fund to the special law enforcement trust fund prior to October 1, 2001. This paragraph expires July 1,
2010.
(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 neighbofiood, 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 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
sheriffs 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 shalt include a statement describing anticipated recurring costs for the agency for
subsequent fiscal years. An agency or organization that receives money pursuant to this wbsection shall
provide an accounting for such moneys and shalt 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 wch 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 taw 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 wpport 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.
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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, alt 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 Ad shall be deposited into the Forfeiture and Investigative Support Trust Fund as
provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as provided in s.
943.365, as applicable.
(b) The Department of Environmental Protection, the proceeds accrued pursuant to the provisions of
the Florida Contraband Forfeiture Act shalt be deposited into the Internal Improvement Trust Fund.
(c) 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.
(d) 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
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.
(e) 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 Tent 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.
(f) 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.
(g) 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.
(h) 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
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Forfeiture Act shall be deposited into that state university's special law enforcement trust fund.
(i) The Department of Agriculture and Conwmer 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.
(j) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant to
21 U.S.C. ss. $81(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 161i5a 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.
(k) The Department of Transportation, the proceeds accrued purwant to the provisions of the Florida
Contraband Forfeiture Act shalt 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.
(t) 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.
(m) 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 inwrance Regulatory Trust Fund
to be used for the purposes of arson suppression, arson investigation, and the funding of anti-arson
rewards.
(n) 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.
(8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a
title, the appropriate agency shall iswe 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 taw enforcement agency.
(9) Neither the taw enforcement agency nor the entity having budgetary control over the law
enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and
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approval of the budget for the law enforcement agency.
History.--s. 5, ch. 92-54; s. 2, ch. 92-290; s. 21, ch. 94-2b5; 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.
Note.--Section 7, ch. 2009-82, amended paragraph (4)(d) "[in]n order to implement Specific
Appropriations 1169 and 1175 of the 2009-2010 General Appropriations Act."
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