HomeMy WebLinkAboutItem #32 - Discussion ItemCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor & Members
of the City Commission
DATE:
SUBJECT
JUL 19 200
27
Issue Raised at 07/11/2000
City Commission Meeting
REFERENCES: L.E.T.F.
ENCLOSURES:
FILE :
Pursuant to the Honorable Mayor Joe Carollo's request, the following information is provided
regarding the Law Enforcement Trust Fund:
1. Revenue history for the past ten (10) years. — (Attachment A)
2. Current unappropriated balances, as of 6/30/2000. — (Attachment B)
3. As of this date, it is projected that approximately $8,435,702.36 are in the "pipeline" for
eventual sharing with the City of Miami Police Department. An undetermined
percentage of these assets may or may not be successfully forfeited, thereby reducing
the potential amounts that will be actually seized.
In addition to the information requested by Mayor Carollo, a listing of expenditures for the
past four. (4) fiscal years is attached which reflect that funds have been spent for
investigations, equipment, and community projects/programs which otherwise may have
necessitated the expenditure of other city funds. — (Attachment C)
Should you have any further questions or need additional information, please do not hesitate
to contat me.
�I
CAG: :BC:JLM:mp
Attac ents
City of Miami
Police Law Enforcement Trust Fund
Revenue Ten (10) Year History
FISCAL
US
US
REVENUE
YEAR
STATE JUSTICE
CUSTOMS
AMOUNT
1990-1991
$
1,216,981
N/A
N/A
$
1,216,981
1991-1992
$
3,228,558
N/A
N/A
$
3,228,558
1992-1993
$
1,079,377
N/A
N/A
$
1,079,377
1993-1994
$
922,950
N/A
N/A
$
922,950
1994-1995
$
864,000
N/A
N/A
$
864,000
1995-1996
$
937,066
$
599,372
$
34,225
$
1,570,663
1996-1997
$
1,760,822
$
673,504
$
3,423,041
$
5,857,367
1997-1998
$
3,017,490
$
396,824
$
2,422,524
$
5,836,838
1998-1999
$
21235,931
$
1,855,931
$
3,006,285
$
7,098,147
1999-2000
$
1,324,092
$
386,264
$
1,766,255
$
3,476,611 as of 6130100
Total
$
16,587,267
$
3,911,895
1
10,652,330
$
31,151,492
*Note: On October 1, 1996, The Department of Justice and Treasury Guide to Equitable Sharing
implemented a standard accounting procedure and internal control for tracking share
request and receipts into separate revenue accounts or accounting codes. Prior to
October 1996, all revenues were combined into one account code.
City of Miami
Police Law Enforcement Trust Fund
Unappropriated Balance - (as. of 6/30/00)
Forfeited Funds
$ 1,330,178.00 690001 - State
Interest
$ 431,962.00
SubTotal
$ 1,762,140.00
Forfeited Funds
$ 933,126.00 690002 - US Justice
Interest
$ 234,132.00
SubTotal
$ 1,167,258.00
Forfeited Funds
$ 1,715,056.00 690003- US Customs
Interest
$ 367,749.00
SubTotal
$ 2,082,805.00.
Available Balance Total - (as of 6130/00)
$ 5,012,203.00
Attachment B
U
LAW ENFORCEMENT TRUST FUND
EXPENDITURES
Fiscal Year 1999-2000
October 1, 1999 to May 2000
Alternative Programs
DP/CP
$
80,000.00
City Wide
Baragua Judo Kai
DP/CP
$
71820.00
City Wide
Basic Training Academy
CID.
$
29500.00
Overtown
Boys and Girls Club
DP/CP
$
100,000.00
Grove/Coral Way
Channing L. Bete Company, Inc.
CP
$
3,180.00
City Wide
Citizens on Patrol Volunteer Program
CP
$
49200.00
City Wide
Citizens on Patrol Volunteer Program
CP
$
24,910.00
City Wide
City of Miami Summer Sailing Camp Program
DP/CP
$
29000.00
City Wide
Community Crusade Against Drugs of South Florida
DAE
$
41500.00
City Wide
Crime In the Black Community Conference
CP
$
109000.00
Nat'l/City/County
Crime Stoppers of Miami -Dade County, Inc.
CP
$
49000.00
City/County Wide
D.A.&E. Program
DAE
$
359691.12
City Wide
Dade County Alliance Against Domestic Violence
CP
$
11000.00
City Wide
Grovities :United to Survive, Inc.
CPISN
$
10,647.00
Coconut Grove
Having Understanding Guidance & Support (HUGS)
DPICP
$
35,000.00
Liberty City
J. Balsera School Bus Service
CP/CL
$
1,440.00
overtown/E.Little Havana
Liberty City Learning Center
DP/CP
$
35,000.00
Liberty City
Little Acorns Children & Family Program
CPIDAE
$
159000.00
City Wide
Mental Health Association of Dade County
CP
$
259000.00
City Wide
Miami Urban Ministries
DP/CP/DAE
$
5,280.00
City Wide
Page 1 of 3
DISTRICT
all
all
5
2&4
all
all
all
all
all
all
all
all
all
2
5
5&4
5
all
all
all
ATTACN14ENT C
0-
0
Page 2 of 3
•
LAW ENFORCEMENT TRUST FUND
EXPENDITURES
Fiscal Year 1999-2000
October 1, 1999 to May 2000
:....: �'E'
TYPE
... /A,IUIOUNT��RVIc�
ARBA
DlSTI
Neat Stuff, Inc.
CP
$
251000.00
City Wide
all
Non -Violence Project
DAEICP
$
751500.00
City Wide
all
Non -Violence Project
DAEICP
$
4,200.00
City Wide-
all
Protracted/Complex investigations,
CP
$
3509000.00
City -Wide
all
Radar Units
0
$
6,643.00
City Wide
all
Recapturing The Vision Raise the -Standard Concert DP/CP
$
79500.00
City/County Wide
all
Rickia Isaac Foundation
CP
$
24,486.00
Overtown
5
School Calendar Company, Inc.
DP/CP
$
670.00
_ City Wide
all
Special Overtime
CP
$
500,000.00
City Wide
all
Specialized Equipment - (under, $4,500)
DP/CP
$
200,000.00
City Wide
NIA_
Starks Charitable Foundation
C13.
$
21500.00
City Wide
all
Stop Active Vandalism- Everywhere (SAVE)
CP/SN
$
59,880.00
City Wide
all
Talento Artistico Juvenil
CP/DP/CL
$
49500.00
City Wide
all
T -Shirts Plus
CP
$
855.00
City Wide
all
Women's Fund of Miami -Dade County
CP
$
49500.00
City Wide
' all
Youth Crime Watch of America
CP/SN
$
59000.00
City Wide
all
Youth Crime Watch of Miami -Dade County
CP/SN
$
49800.00
City Wide
all
Youth Crime Watch of Miami -Dade County
CP/SN
$
39000.00
City Wide
all
Youth of America
DP/CP
$
35 000.00
Model City
5
Page 2 of 3
•
LAW ENFORCEMENT TRUST FUND
EXPENDITURES
Fiscal Year 1999-2000
October. 1, 1999 to May 2000
•
•
LAW ENFORCEMENT TRUST FUND
EXPENDITURES
FISCAL YEAR 1998-1999
.;GRANTEE TYPE AMOUNT SERVICE AREA District
Accreditation
African-American Council
Afrovision, Inc.
Alternative Programs,lnc.
Athalie Range Cultural Arts Foundation
Boys and Girls Club of Miami, Inc.
Boys Scouts of America Troop 575
Coconut Grove Playhouse
Coconut Grove Playhouse
Cool School Program
Crime Stoppers of Miami -Dade County, Inc.
Dade County Association of Chiefs of Police
Dade -Miami Criminal Justice Council
Dade -Miami Criminal Justice Council
Do The Right Thing Program
Economic Opportunity Family Health Center
Florida Film Institute
Forfeiture Fund Detail
Gang Reduction & Activities & Sports Program
Gang Reduction & Activities & Sports Program
Hardball Softball, Inc.
e JCJ�ro�
0
CP
CP
DAEIDP/CP
CP/DP/CL
DP/CP
DP/CP
CP/DP/CL
CP/DP/CL
CPIDP
CP
CP/DP
CP/DP
CP/DP
CP/DP
DAE
CPIDPICL
CP/DP
CP/DP/SN
CPIDPISN
DPICP
I
Page 1. of 3
$
559378.00
$
4,500.00
$
109000.00
$
80,000.0.0
$
25,000.00
$
1009000.00
$
300.00
$
1009000.00
$
1009000.00
$
429000.00
$
10,000.00
$
3,500.00
$
359000.00
$
359000.00
$
1659500.00
$
4,500.00
$
659000.00
$
493,000.00
$
59,379.00
$
99,138.00
$
4,000.00
Police
Liberty City
Little Haiti
City Wide
Liberty City
Grove/Coral Way.
Little Havana
City Wide
City Wide
Overtown
CitylDadeCounty
CitylDadeCounty
CitylDadeCounty
CitylDadeCounty
CitylDadeCounty
City Wide
City Wide
City Wide
City Wide
City Wide
City Wide
N/A
5
5
all
5
2&4
3
all
all
5
all
all
all
all
all
all
all
all
all
all
all
LAW ENFORCEMENT TRUST FUND
EXPENDITURES
FISCAL YEAR 1998-1999
RANTES
TYPE
AMQUNT
SERVICE AREA
District
Human Diversity Training
T
$
--135,000.00
City Wide
all
Kids in Society, Inc.
DP/CP
$
42000.00
Overtown
5
Kids Out of Trouble
DP/CP
$
141000.00
Liberty City
5
Law Enforcement Charitable Foundation
Law -Enforcement
CP/DP
$
1009000.00
City Wide
all
Training Trust Fund
T
$
100,000.00
City Wide
all
. Liberty City Optimist Club of Florida, Inc.
DP/CP
$
35,000.00
:Liberty City
5
Miami Museum of Science
DP/CP
$
20,000.00
City Wide
all.
Miami Urban Ministries Youth Program
DAEIDP/CP
$
41950.00
LittleHaiti/Liberty
5
Model City Crime- Prevention Sub -Council
DP/SN/CP
$
15,500.00
Model City
5
Neat Stuff, Inc.
DP
$
-251000.00
City Wide
all
New Bethel Baptist Church Summer Camp
DJ/CP
$
_ : 5,222.00
City Wide
all
New Horizons Overtown Family Enrichment Center
AD
$
5,000.00.
Overtown
5
Non -Violence Project
DP/AD
$
759000.00
City Wide
all
Park & Recreation Summer Program
DP/CP
$
12,460.00
City Wide
all
Police Athletic League (PAL)
DPICP
$
93,000.00
City Wide
all
Police Athletic'League (PAL)
DP/CP
$
100,000.00
City Wide
.
all
Police Athletic League (PAL)
DP/CP
$
55,625.00
City -Wide
all
School Calendar Company - Miami High
DP
$
335.00
Little Havana
all
School Calendar Company - Miami High/Jackson
DP
$
1,000.00
Little HavanalAllapattah
1&4
School Calendar Company - Miami Jackson
DP
$
- 335.00
City Wide & Allap.
all
Stalker Speed Enforcement Equipment.
p$
CP ....
40,800.00
City Wide
all
Page 2 of. 3
LAW ENFORCEMENT TRUST FUND
EXPENDITURES
FISCAL YEAR 1998-1999
TYPE AMOUNT SERVICE AREA
District
CP = Come Prevention
ICL - Cultural
W - Drug Abuse Education
a - Drug Prevention I
- Other
- Safe Neighborhoods
3 - School Resource Officer Program
Page 3 of 3
City Wide all
Model City 5
Model City 5
is
LAW ENFORCEMENT TRUST FUND
EXPENDITURES
FISCAL YEAR 1997 - 1998
African-American Council of Christian Project
CP/DP
$
49000.00
Liberty City
Alternative Program
DAE/CP/DP
$
75,000.00
City Wide
Baragua Judo Kai
DP/CP
$
39360.00
East Little Havana
Boys and Girls Club of Miami, Inc.
DP/CP,
$
100,000.00
Grove Coral Way
Cameras
DP/CP
$
209000.00
City Wide
Channing L. Bete Company
CP
$
21,000.00
City Wide
Citizens on Patrol
DP/CP/SN
$
50,000.00
City Wide
Coconut Grove Playhouse
DP/CP/CL
$
100,000.00
County/City Wide
Concession 97/AFCSME
O
$
500,000.00
Police
Concession 97/FOP
O
$
224,691.00
Police
Concession 97/Overtime
CP/DP
$
19000,000.00
City Wide
Concession 97/0vertime "Investigation"
CP/DP
$
83,333.00
City Wide
Law Enforcement Training Trust Fund I
T
$
75,000.00
Police
Cool School Program
DP/CP
$
42,000.00
Overtown
Crime Stoppelrs
CP
$
77000.00
City Wide
Dade Community Foundation
CP
$
17,879.60
Overtown
Dade County Florida Chiefs Association
O
$
53,250.00
City/County Wide
Dade -Miami Criminal Justice
DP/CP
$
35,000.00
City/County Wide
Digital Cameras & Computer Equipment
DP/CP
$
50,000.00
City Wide
i
.-
Page 1 of 4
5
all
3
2&4
all
all
all
all
N/A
N/A
all
all
N/A
5
all
5
all
all
all
•
11
LAW ENFORCEMENT TRUST FUND
EXPENDITURES
FISCAL YEAR 1997 - 1998
Do The Right Thing
Drug Abuse Resistance Program
Explorers Program
Film Society of Miami
Forfeiture Detail
Gang Reduction & Activities & Sports
General Cinema Theaters
Grovites
H.U.G.S. (Having Understanding Guidance & Support)
Haitian Support, Inc:
HIDTA Leadership/Challenge. Camp - Fed -Cal
Human Diversity F.I.U.
Law Enforcement Training Trust Fund II
Liberty City Qptimist Club
Liberty Square
Little Havana Community Team
M. Athalie Range
Miami Urban MinistriesYouth Program
Model City Crime Prevention
:Narcotics Canine
DP/CP.
$
165,500.00
City/County Wide
all
DP/DAE
$
259000.00
City Wide
all
SRO
$
50,000.00
City Wide
all
CP/DP/CL
$
5000.00
City%County, Wide
all
CP/DL-
$
430,000.00-
City Wide
all
SN/CP
$.
59,379.00
City Wide
all
DP/CP
$
11000.00
City Wide.,
all
CP
$
109647.00
Coconut Grove
.2
DP/CP
$
359000.00
Model City
5
CP
$
1,200.00
Little Haiti
5
CP
$
19376.24
Wynwood
1
T
$
135,000.00
City Wide
all
T
$
60,000.00
City Wide
all
DP/CP -
$
25,000.00
Liberty City
5
DP/CP
$
. 300.00
Liberty City
5
CP
$
159000.00
Little Havana
3
CP/DP/CL
.'$
25,000.00
Liberty/Overtown
5
DAE/DP/CP
$
49950.00
City Wide
all
DP/CP
$
20,000.00
Model City
5
DP
$
19,500.00
City Wide
all
Page 2 of 4
LAW ENFORCEMENT TRUST FUND
EXPENDITURES
FISCAL YEAR 1997 -1998
National Black Police Association Training Conf..
CP/DP
$
51000.00
City/CountylNat.'I Wide
New Bethel Baptist Church Youth Program
CP
59000.00
Model City
NOBLE
CP/DP
$
10,000.00
City Wide
Non Lethal Weapon Systems & Rifle Scopes
CP
$
81500.00
City Wide
Non -Violence Project
CP
$
759000.00
City Wide
Officer Friendly Program
CP/DP/SRO
$
219000.00
City Wide
Overtown Net Service
DP/CP
$
10,000.00
Overtown
Pagers
CP/DP
$
15,000.00
City Wide
Police Athletic League
DP/CP
$
939000.00
City Wide
Protracted/Complex
DP/CP
$
350,000.00
City Wide
Radar Unity and Speed Warning Trailer
CP
$
409000.00
City Wide
Regis House
DP/DAE
$
2,000.00
E. Little Havana
Rental Vehicles
DP/CP
$
306,240.00
City Wide
Rental Vehiclgs
DP/CP
$
306,241.00
City Wide
School Calendar Company Miami High/Jackson
DP
$
1,670.00
Little Havana/ Allapattah
Specialized Tape Recorders
CP/DP
$
61500.00
City Wide
Talento Aristico Juvenil
CP/DP/CL
$
4,500.00
City Wide
Youth of America
DP/CP
$
19,000.00
Model City
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Page 3 of 4
all
5
all
all
all
all
5
all
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3
J
0
Legend:
CP. - Crime Prevention.
CL, Cultural
DAE - Drug Abuse Education
Dp - Drug Prevention
0 = Other
9N..
N- Sate Neighborhood
,SRO.. School Resource Officer Program
LAW ENFORCEMENT TRUST FUND
.EXPENDITURES
FISCAL YEAR 1997 -1998
CITY OF MIAMI
LAW ENFORCEMENT TRUST FUND
PROGRAMS
Fiscal Year 1996 -1997
Accreditation
Alternative Program
Christian Community Service
Citizens on Patrol
Dade County Associations Chief of Police
Crime Stoppers of Dade County
Dade -Miami Criminal Justice Council
Dade Chiefs Overtime Project
Do The Right Thing
Domestic Assistance Response Team
Forfeiture Fund Detail
Grovites United
Liberty City Optimist
Little Haiti Crime Prevention
NOBLE 1997
Pagers
Police Athletic League (PAL)
olice Athletic League (PAL)
Protracted Complex Investigations
Recovery Plan
0
DP/CP
CP
DP/CP/SN
CP
DP/CP
DP/CP
CP
DP/CP
CP
DP/CP
DP/CP
CP
CP
DPICP
DP/CP
DP/CP
DP/CP
DP/CP
DP/CP
Page 1 of:2
AMQUN' SRVICIa ARRA ; DISTRICT
14,593.00
75,000.00
.500.00
50,000.00
5,000.00
7,000.00
35,000.00
53,250.00
115,000.00
4,000.00
430,000.00
10,184.64
25,000.00
4,500.00
10,000.00
14,221.00
90,000.00
50,000.00
160,000.00
118089024.00
Police
City Wide
City Wide
City Wide
City/Dade County Wide
City/Dade County Wide
City/Dade County Wide
City/Dade County Wide
City/Dade County Wide
City Wide
Police
Coconut Grove
Liberty City
Little Haiti
City Wide
City Wide
City Wide
City Wide
Police
City Wide
all
all
all
all
all
2
5
5
1
all
all
all
all
all
all
•
GRAN'TE
Rental Vehicles
Rental Vehicles
Rental Vehicles
Rotary Club
Rotary Club =
Rotary Club
Terril Stone-Ketover Heros Program
Youth of America
yr - wnue rtcvenuun
AD - Drug Aquse Education
DT - Drug Treatment
DP - Drug Prevention
.. , 0.Other
SN - Safe Neighborhood
SRO - School Resource Officer Program
CP/DP
$
636,480.00
City Wide
CPIDP
$
47,728.00
City Wide
CP/DP
$
479500.00
City Wide
SN
$
815.00
City Wide
SN
$
19250.00
City Wide
SN
$
19242.00
City Wide
CP/DP
$
2,879.00
City Wide
DP/CP
$
15,000.00
Model City
$
31714,166.64
Page 2 of 2
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5
•
•
INTER -OFFICE MlEM ORANDU1,l
The Honorable Mayor and �}-2�0�
oa E AUG ;:!LE.
Members of the City Commission
s.. a. ;E :7 LETF
Carlos imenez-- City Commission
City Manager Meeting of July 27, 2000
Pursuant to Commissioner Teele's request, attached are the following documents that
provide information on state and federal restrictions/regulations governing the use of Law
Enforcement Trust Fund money:
• 1999 Florida Statutes - Chapter 932, Section 932.7055, paragraphs (4)(a) thru
(5)(a).
• Department of the Treasury - Guide to Equitable Sharing for Foreign
Countries and Federal, State, and Local Law Enforcement Agencies, October
_.... - .. 1, 1996, pa-ges: I I thru 15. - -.. - -- - -- --- -----
• U.S. Department of Justice - A Guide to Equitable Sharing of Federally
Forfeited Property for State and Local Law Enforcement Agencies, March
1994, pages: 10 thru 14, and Appendix B.
• U.S. Department of Justice - Addendum to A Guide to Equitab!e Sharing,
September 1997, pages: 3 and 4.
In addition to the information attached, on equitable sharing, there ha -,/c been numerous
Attorney General opinions, throughout the years, which have answered case -specific
questions and have clarified issues related to the appropriateness and permissibility of use
for Law Enforcement Trust Fund shared funds and property.
Should you require further information regarding this matter, please do not hesitate to
contact me.
CAG:R'Vf:BC:JLM jac
Attachments
I'he Florida Statutes is
The 1999 Florida Statutes
View Statutes Order Statutes Online Sunshine Print View
Title XLVII Chapter 932 View Entire
CRIMINAL PROCEDURE AND Provisions Supplemental to Chapter
CORRECTIONS Criminal 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) 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
ti (b) Have the lien satisfied prior to taking any action authorized by subsection
(1)
V
(3) 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.
(4)(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 and providing matching funds to obtain federal grants.
The proceeds and interest may not be used to meet normal operating—expenses
Page I of 4
of the law enforcement agency. ,
(b) These funds may be expended upon request by the sheriff to the board of I
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The Florida Statutes ! Page 2 Of
county commissioners or by the chief of police to the governing body of the
municipality, accompanied by 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
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 countycommissioners 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). Nothingin this section
precludes the expenditure or donation of forfeiture proceeds in excess of the
minimum amounts established herein.
(5) 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 SupportTrust 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 shall be deposited into
the Forfeited Property Trust Fund or into the department's Federal Law e �OA
Enlorcement Trust Fund as`provided in s. 20.2553, as applicable.
http://www.letz.state.fl.us/citizen/documents/statutes/StatuteBrow- =99/iadex.c..JSEC705514T $/9/00
The Florida Statutes
C
(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 Trust Fund as provided in ss. 372.73, 372.9901,
and 372.9904, into the Marine Resources Conservation Trust Fund as provided in
s. 370.061, or into the commission's Federal Law Enforcement Trust Fund as
provided in s. 372.107, as applicable.
(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 Forfeiture Act shall be deposited into
that state university's special law enforcement trust fund.
(i) 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.75 0.205, as
applicable. .
(j) 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.
(6) 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. _
(7) 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
Page 3 of 4
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f
fhe Florida Statutes Page_4 of4
retain titled property after forfeiture, the appropriate state agency shall issue a
title certificate for such property to said law, enforcement, agency.
(8)(a) Every,law enforcement agency shall.submit semiannual reports to the
Department of Law. Enforcement indicating whether the agency has seized or
forfeited property under the Florida Contraband Forfeiture Act. Any law
enforcement agency receiving or expending forfeited property or proceeds from.
the sale of forfeited' property in accordance with the Florida Contraband Forfeiture
Act shall submit completed semiannual reports, by April 10, and October 10,
documenting the receipts and expenditures, on forms promulgated by the
Department of Law Enforcement, to the entity. which has.budgetary authority
over such agency and to the Department of Law Enforcement. The semiannual
report shall specify the type, approximate value, any court case number, type of
offense, disposition of the property received, and the amount of any proceeds .
received or expended.
(b) The Department of Law Enforcement shall submit an annual report to the
criminal justice committees of the House of Representatives and of the Senate
compiling the information and data related in the semiannual reports submitted
by the law enforcement agencies. The annual report shall also contain a list of
law enforcement agencies which have failed to meet the reporting requirements
and a summary of any action which has been taken against the noncomplying
agency by the.Office of the Comptroller.
(c) 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. 96418; 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.
!http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowsergg/lndex.c.../SEC7055.HT 8/9/00
Department of the Treasury
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:-T,Federal, State; and
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Local Law. Enforcement Agencies��
October 1 --1996
' ... ,�� : � �?'.o �: '. .. ..L'. n (•ice.
Prepared,by the Executive Office for Asset Forfeiture '9
Office of the Under Secretary (Enforcement) : t
r
♦'�• 'a `., . •.t^ `,l .IFS r �. .'• Vit.
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X. USES OF EQUITABLY SHARED PROPERTY
A. General Guidance Concerning Use
1. Equitably Shared Property Should Not be Anticipated - Do not "spend it
before you get it" or anticipate receipts. For example, assume that a local law
enforcement agency has filed a TD F 92-22.46 to request a '50%, share of
$100,000. The $50,000 should not* be budgeted for three reasons:
a. the completion of the forfeiture is uncertain;
b. _ the amount of the sharing that will ultimately be approved is also uncertain;
and
C. net proceeds have not been determined
2. Increase and Not Replace (Supplement vs. Supplant) - Sharing must be used
to increase or supplement the resources of the receiving state or . local law'
enforcement agency. Shared resources shall not be used to replace or supplant
the resources of the recipient. In determining whether the sharing increased or
supplemented the receiving agency, the total law'enforcement budget will be
considered as opposed to any particular item or items within the budget. In other
words, the receiving law enforcement agency's aggregate budget must benefit
directly from the sharing.
If for example, a police department receives $100,000 in equitable sharing, only
to have its budget cut $100,000 by the city council, the police department has
received no direct benefit whatsoever. Rather, the city as a whole has received
the benefit of the equitable sharing.
3. Use of Interest Income - Interest on forfeited cash or proceeds is subject to the
same restrictions as the shared cash or proceeds.
4. Prohibited Sharing - Forfeited firearms may not be shared with foreign
countries, state.or local enforcement agencies.
a
0
•
B. Uses of Shared Cash or Proceeds of Forfeited Property
1. Permissible Uses: Subject to laws, rules, regulations, and orders of the state or
local jurisdiction governing the use of public funds available for law enforcement
purposes, the following expenses are pre -approved as permissible uses of shared
funds and property.
a. . Activities Calculated to Enhance Future Investigations -- The support of
investigations and operations that may result in further seizures and
forfeitures, e.g., payments to informants; "buy," "flash," or reward money;
and the purchase of evidence.
b. Law Enforcement Training -- The training of investigators, prosecutors,
and law enforcement support personnel in any area that is necessary to
perform official lawenforcement duties. Some examples of such training are
the following: (1) asset forfeiture in general (statutory requirements,
policies, procedures, caselaw); (2) the Fourth Amendment (search and
seizure, probable cause, drafting affidavits, confidential informant
reliability); (3) ethics and the National Code of Professional Conduct for
Asset Forfeiture; (4) due process rights; (5) protecting the rights of innocent
third -parties (individuals and lienholders); (6) this Guide; and (7) use of
computers or other equipment used in or in support of law enforcement
duties. The payment of college tuition, hospitality suites at conferences,
and other indirect training expenses are not allowed.
c. Law Enforcement Equipment and Operations -- The purchase of body
armor, firearms, radios, cellular telephones, computer equipment, software
to be used in support of law enforcement purposes, vehicles (e.g., patrol
vehicles, surveillance vehicles), electronic surveillance equipment, uniforms,
travel, transportation, supplies, leasing of office and other space for task
force and undercover operations, and leasing or purchase of other types of
equipment that support law enforcement activities. Forensic labs and
equipment and related training and certification expenses are permissible.
d. Detention Facilities -- The costs associated with construction, expansion,
improvement, or operation of detention facilities managed by the recipient
agency.
e. Law Enforcement Facilities and Equipment -- The costs associated with
basic and necessary facilities, their construction, updating, remodeling,
furniture, safes, file cabinets, telecommunications equipment, etc., that are
necessary to perform official law enforcement duties.
! 12 ..SCaI
f. Drug Education an& Awareness Programs -- The- costs associated with
conducting drug education and awareness programs by law enforcement
agencies.
g. Pro Rata Funding -- The costs associated with supporting multi -agency
items or facilities. Example: A town purchases a new computerized payroll
system; the police department payroll represents twenty percent of the total
use of the payroll system. The police department may use shared money to
fund its pro rata share (twenty percent) of the operating and maintenance
expenses of the system.
Property, facilities, equipment, and other items and services acquired with
shared monies must be used only for law enforcement purposes unless .
written approval is obtained from the Director, Executive Office for Asset
Forfeiture. Such property must continue to be used predominantly for law
enforcement purposes.
h. Asset Accounting- and 'Tracking — The costs associated with the
accounting, auditing, and tracking of revenues and expenditures of equitable
shared cash, proceeds, and tangible property.
L Salaries —Many of the costs of the activities described above could entail the
payment of salaries of the personnel -involved. Due to the extreme sensitivity
of asset forfeiture work, the payment of salaries of sworn law enforcement
officers is limited to the following categories:
- Overtime.
- The first year's salaries Q111X for new law enforcement officers
that supplement the workforce.
= Contractual appointments that do not exceed one year.
- Salaries of officers assigned to non-traditional positions in
approved specialized programs which do not generally involve
traditional law enforcement functions such as DARE officers.
Payments expressly authorized by law, such as the Community
Oriented Policing Services (COPS) program established by the
Violent Crime Control and Law Enforcement Act of 1994,
which expressly permits state and local law enforcement
agencies to use equitably shared asset forfeiture funds to meet
the local match requirements of that program.
13
a
Salaries of sworn law enforcement officers hired to replace
officers assigned to a federal task force. A law enforcement
agency may expend equitably shared funds to pay the salaries
of replacement officers for the life of the task force and up to
six months after the task force has disbanded.
The above expenses are not meant to be all inclusive and other expenses
may be permissible. Guidance from the Treasury Executive Office for
Asset Forfeiture must be sought for any proposed use of shared cash or
proceeds that could be questioned as to its law enforcement purpose.
NOTE: The fact that the shared property was forfeited as a result of a particular
federal violation does not limit its use. For example, when an agency receives a
share of property that was forfeited for a federal drug violation, the shared property
does not have to be used in a department's drug program. Priority consideration
should be given, however, to completely equipping units that generate forfeitures in
order to foster future forfeiture investigations.
2. Impermissible Uses:
a. Uses of Forfeited Property by Non -Law Enforcement Personnel -- Use
of a shared vehicle or other forfeited tangible property by non -law
enforcement personnel for non -law enforcement business.
b. Payment of Non -Law Enforcement Expenses -- Shared funds may be used
to pay the expenses for drug testing of law enforcement personnel, but may
not be used for the testing of all municipal employees.
c. Uses Not Specified in the TD F 92-22.46 -- Requesting state and local
agencies must specify on the TD F 92-22.46 what uses will be made of the
shared property. Any departure from such stated uses must be approved in
writing by the Treasury Executive Office for Asset Forfeiture, unless the use
is already specified in paragraph B.1 of this section.
d. Uses Contrary to the Laws of the State or Local Jurisdiction -- Shared
funds may not be used for any purpose that would constitute an improper use
of state or local law.enforcement funds under the laws, rules, regulations, and
orders of the state or local jurisdiction of which the agency is a part.
e. Non -Official Government Use of Shared Assets -- Any use that creates the
appearance that shared funds are being used for political or personal
purposes.
f. Extravagant Expenditures -- Receiving agencies should use federal sharing
monies prudently and in such a manner as to avoid any appearance of
extravagance; waste, or impropriety. The payment of personal credit cards,
the purchase of meals (except personal meals incurred during official law
enforcement travel), alcoholic beverages and other such expenditures are
impermissible.
U.S. Department 'of Jtis�lce
Washington D,G0
11*
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10
X. USES OF EQUITABLY SHARED PROPERTY
A. Law Enforcement Uses
1. Permissible Uses. Subject to laws, rules, regulations, and orders of the
state or local jurisdiction governing the use of public funds available for
law enforcement purposes (= paragraph 2.e. of this section), the
expenses noted below are pre -approved as permissible uses of shared
funds and property! Among the following uses, priority should be given
to supporting community policing activities, training, and law enforcement
operations calculated to result in further seizures and forfeitures:
a. Activities Calculated to Enhance Future Investigations — The
support of investigations and operations that may result in further
seizures and forfeitures, g.g., payment of overtime for officers and
investigators; payment of the first year's salaries for new law
enforcement positions that supplement the workforce; payments for
temporary or not -to -exceed -one-year appointments; payments to
informants; "buy," "flash," or reward money; and the purchase of
evidence. .
b. Law Enforcement Training — The training of investigators,
prosecutors, and law enforcement support personnel in any area that
is necessary to perform official law enforcement duties. Priority
consideration should be given to training in (1) asset forfeiture in
general (statutory requirements, policies, procedures, caselaw); (2)
the Fourth Amendment (search and seizure, probable cause,
drafting affidavits, confidential informant reliability); (3) ethics and
the National Code of Professional Conduct for Asset Forfeiture; (4)
due process rights; (5) protecting the rights of innocent third -parties
(individuals and lienholders); and (6) this Guide.
C. Law Enforcement Equipment and Operations -- The purchase
of body armor, firearms, radios, cellular telephones, computer
equipment, software to be used in support of law enforcement
purposes, vehicles (e.g., patrol vehicles, surveillance vehicles),
electronic surveillance equipment, uniforms, travel, transportation,
supplies, leasing of office and other space for task force and
SM Appendix B for further examples of permissible and impermissible uses. Also note
that expenditures for these uses are permissible only to the extent that they increase resources
available to the receiving agency. Sg& Section X.B. of this Guide.
,. 11
undercover operations, and leasing of other types, of equipment that
support law enforcement activities.
d. Detention Facilities - The costs associated with construction,
expansion, improvement, or operation of detention facilities
managed by the" recipient agency.
e. Law Enforcement Facilities and Equipment - The costs
associated with basic and necessary facilities, government furniture,
safes, file cabinets„ telecommunications equipment, etc., that are
necessaryto perform official law enforcement duties.
f. Drug Education and Awareness Programs — The costs associated
with condu!gjing drug education and awareness programs by law
enforcement agencies.
g. Pro Rata Funding - The costs associated with supporting multi -
agency items or facilities. Example: a town purchases a new
computerized payroll system; the police department payroll
represents twenty percent of the total use of the payroll system.
The police department may use shared money to fund its pro rata
share (twenty percent) of the operating and maintenance expenses
of the system.
Property, . facilities, equipment, and other items, and services
acquiimd with, shared monies must be used only for law
enforcement purposes unless written approval is obtained, from the
Executive Office for Asset Forfeiture. Such property must continue
to be used predominantly for law enforcement purposes.
h. Asset Accounting and Tracking — The costs associated with the
accounting, auditing, and tracking of expenditures for shared cash'.
proceeds, and tangible property.
NO ?he fact that the shared property was forfeited as a result of a particular
federal violation does not limit its use. For example, when an agency receives a
share of property that was forfeited for a federal drug violation, the shared
property does not have to be used in a deparnnent's drugprogram. Prionry
consideration should be given, however, to completely equipping units that
generate forfeitures in order to foster future forfeiture investigations.
.. .. rW
0
0 . 0
2. impermissible Uses.' Impermissible state and local law enforcement
uses include:
a. Payment of Salaries for Existing Positions — The payment of
salaries for current permanent law enforcement personnel is not
permitted where the payment constitutes a supplantation of the
agency's appropriated funds. Note that the payment of first year
salaries for new, temporary, or not -to -exceed -one-year positions is
permitted as these expenditures supplement and do not supplant
existing resources.
b. Uses of Forfeited Property by Non -Law Enforcement Personnel
— Use of a shared vehicle or other forfeited tangible property by
non -law enforcement personnel for non -law enforcement business
is not permitted.
C. Payment of Non -Law Enforcement Expenses — For example,
while shared funds may be used to pay the expenses for drug
testing of law enforcement personnel, such a use of these funds for
the testing of municipal employees is not permissible.
d. Uses Not Specified in the DAG -71 — Requesting state and local
agencies must specify on the DAG -71 what uses will be made of
the shared property. Any departure from such stated uses must be
approved in writing by the federal decision -maker or the Asset
Forfeiture Office, Criminal Division, unless the use is already
specified in paragraph A.1. of this section.
e. Uses Contrary to the Laws of the State or Local Jurisdiction —
Shared funds may not be used for any purpose that would constitute
an improper use of state or local law enforcement funds under the
laws, rules, regulations, and orders of the state or local jurisdiction
of which the agency is a part.
f. Non -Official Government Use of Shared Assets — Any use that
creates the appearance that shared funds are being used for political
or personal purposes is not permitted.
g. Extravagant Expenditures — Receiving agencies should use
federal sharing monies prudently and in such a manner as to avoid
any appearance of extravagance, waste, or impropriety.
' Appendix B for further examples of permissible and impermissible uses.
13
3. Permissible Pass-Throughs to Other Agencies. Although state or local
law enforcement agencies may not generally pass-through G.g. transfer)
..shared cash, proceeds, or tangible property to other governmental
agencies, there are four types of transfers that are now permitted:
a. Cash Transfers — Receiving agencies may, in their discretion,
transfer:
(1) up to fifteen percent (15X) of any of their shared monies;
and/or .
(2) in "windfall situations," (where federal sharing transfers
represent over 25 percent of a state or local agency's annual
budget), any. amount over the 25 percent level
to governmental departments or agencies to support drug abuse
treatment, drug and crime prevention and education, housing, and
job stalls programs, or other community-based programs. Such
: governmental departments or agencies may, in turn, transfer any -
monies so received to private, non-profit community organizations
to be spent for such purposes.
b. Tangible. Personal Property Transfers — as provided in
subsection X.D.. below.
C. Real Property Transfers — as, provided in subsection X.C. below.
d. Transfers to Other Law Enforcement Agencies — Receiving law
enforcement agencies may transfer or pass-through a portion of
their sharing receipts to another law enforcement agency to be spent
by that agency for a law enforcement purpose.10
Such pass-throughs must be expressly provided for in the DAG -71 and the
general purpose indicated, g.g., "drug prevention."
10 Such expenditures are subject to the_no supplantation rule described in Section B below.
14
•
4. General Guidance Concerning Use.
a. Non -Law Enforcement Use of Interest Income — Interest on
forfeited cash or proceeds is subject to the same dse restrictions as
shared cash or proceeds.
b. Anticipated Shared Property Should Not Be Budgeted — Do not
"spend it before you get it" or budget anticipated receipts. (For
example, assume that a local law enforcement agency has filed a
DAG -71 to request a 50 percent share of $100,000. The $50,000
should not be obligated or budgeted for two reasons: (1) the
completion of the forfeiture is uncertain; and (2) the amount of the
sharing that will ultimately be approved is also uncertain.)
c. Sharing Monies Should Not Be Retained Unnecessarily —
Sharing monies should normally be expended for their designated
use or uses as they are received. It is permissible to retain sharing
monies in a holding account for a reasonable period of time so they
can be used to satisfy future needs. Generally, monies received
should not remain unspent for a period of time exceeding two years
from the date of their receipt. The balance in any holding account
must be fully reported in the Annual Certification Report described
in Section XII and Appendix E, along with the explanation of the
contemplated disposition of this balance.
24
Appendix B
.V; ! 1 ..!
I. OPERATIONS
A. A city deposited shared cash received by the police department into the city's general fund. Because .
the shared cash did not maintain'a separate identity in the general fund, auditors could not determine
for what purpose it was spent. Law enforcement spending increased by $52,000 during a year in
which $765,000 in shared cash was deposited into the general fund.
This practice is clearly improper. The assets went into the city's general fund. There is no record that the
money was ever spent for any particular law enforcement purpose and total law enforcement expenditures
did not increase commensurate with the amount of equitable sharing money received.
B: A local police department used $4,000 in shared cash to pay for an audit of asset forfeiture funds by
an outside accounting firm.
This use, is entirely proper. However, it would raise a supplantation question if- there are existing
appropriated funds available to cover audits of equitable sharing monies.
C. A local police department contracted with a private helicopter firm on contingency, paying the firm
a percentage of forfeiture proceeds from seizures in which the department used the firm's helicopter.
services.
This use is improper. 'Ile first problem is the commitment'to use future equitable sharing monies in a -
certain way. A local law enforcement agency may not commit in advance to spend seized assets in a certain
way — it has no authority to make such a commitment because it has no authority to bind the federal
decision -maker either as to the possibility. of sharing or as to how the money may be spent. Second, once.
the money is received by the agency, it is being used to pay for a service already provided, and a liability
incurred, hence the money is not being -spent to augment law enforcement resources, but rather to supplant
the use of existing appropriations to pay off contingent liabilities. Third, this arrangement creates a serious
ethical appearance problem because it ties in compensation with the fact and amount. of forfeiture —
something that is clearly barred for government workers.
It should be noted that a local law enforcement agency that incurs out-of-pocket expenses to contract with
a helicopter firm in support of an investigation resulting in a federal forfeiture could seek reimbursement
for those expenses independent of equitable sharing, as the Department of Justice is authorized to reimburse
such out-of-pocket forfeiture -related expenses.
D. A city used $4,000 in asset forfeiture funds to pay for drug testing of all city, employees operating
motor vehicles, not just law enforcement agency employees.
'itis use is improper. Money is being spent for drug testing of city employees, not just law enforcement
personnel. 'Dere could be a supplantation problem even if testing was limited to law enforcement agency
personnel, unless the money was being used only for a trial program.
•
•
25
E. A local police department used shared cash to pay legal fees and damages in suits riled against the city
in narcotics -related cases. Prior to the city receiving shared cash, these costs were paid out of general
fund monies. Total police department spending has increased each year by at least the amount of
shared cash expended.
Using equitably shared money in this way serves a valid law enforcement purpose. However, it must first
be clear that under applicable state or local law, appropriated funds may be used to satisfy judgments
against the entity involved, and second, that no such funds are currently appropriated to satisfy this
particular judgment. Otherwise, the no supplantation rule would be violated.
II. SALARIES
A. A large city police department budgeted nearly $1.9 million in shared cash to pay the salaries of 63
new entry-level police officers. General fund support for the police department did not decrease. The
city was unable to fund the salaries from any other source. Shared cash had not been used for
salaries in prior years.
'This use is proper. Despite the supplantation concern, it is appropriate to use equitable sharing monies to
pay salaries for new positions on a temporary basis. The rationale is that available law enforcement
resources are increasing, assuming no money would otherwise be made available for such positions. Such
funding for these positions would be limited to one year.
B. A county sheriff's department used several million dollars a year in shared cash to pay the salaries
of sworn and non -sworn personnel, in several special programs. The programs included an anti-drug
community education program, narcotics task forces, inmate treatment, and an automated -
information retrieval system for patrol stations.
'Iris use is proper, unless there is a supplantation problem. The designated uses are proper law
enforcement uses. However, it appears from the facts given that these special program personnel were
already employed prior to the equitable sharing. Hence, the use of shared monies for their salaries may
create a supplantation problem unless these new positions are limited to one year. Sharing proceeds used
to pay the installation costs of a new automated information retrieval system were clearly proper.
III. EDUCATION AND TREATMENT
A. A focal police department used shared cash as the main funding source for a youth drug education
program. Program expenditures totalled almost $10,000 and included over $4,000 for student and
advisor meetings and travel (non -law enforcement personnel) and almost $2,000 for pizza, parties,
dances, and movies. Other expenditures included tee-shirts and identification cards.
Using shared proceeds as the main funding source for a youth drug education program operated by the
police department is proper. However, the meeting and entertainment costs seem high and should be
carefully justified.
B. A county sheriffs department used, $344 million in shared cash to educate county students about
drug sbuse. Sheriff's deputies went into schools to teach children about resisting drugs. The
department also used the funds to participate in a public/private sector drus abuse education
organization that prepared anti-drug abuse materials and distributed them to the'community.
F
This use is proper. The expenditure of funds to pay the cost to educate students using agency personnel
is proper. The sharing agency should document actual expenditures fora project of this magnitude. Where
an agency has a question, it should consult the LSCC Coordinator or the Executive Office for Asset
Forfeiture. It is not clear, though, why $3 to $4 million was necessary for this purpose. The money could
not be used to cover salaries unless new positions were involved.. It could be used to purchase training
materials and to cover travel expenses.
C. A county sheriffs department .used $7 million.in sharing proceeds to pay for a treatment program
to rehabilitate inmates with drug problems. Program costs included $1.2 million spent in one year
for the salaries of probation officers who worked directly with the inmates. Sharing proceeds also .
paid the salaries of sheriffs deputies working in the program.
This use is part proper and part improper: Funding an inmate drug rehabilitation program may be a proper
law enforcement use when the agency has custodial responsibility for the inmates in question. However,
part of the money is go'ing'to pay for agency salaries. This use is proper if limited to new positions; and
only for the payment of the first year's salaries. lige answer to II.A above. The use of sharing proceeds
to pay for probation officers' salaries is clearly an improper pass-through to another entity, as the officers
are employees of the court and not a law enforcement agency.
l[V. EQUIPMENT
A. A local. police department received a forfeited luxury sports car in May of 1989. Six months later,
the department traded the vehicle to a car dealer for six other vehicles to be used in police
investigations. The transaction did not involve the exchange of cash.
This use may be proper depending on the original intent. The question that needs to be answered is
whether. the agency had a bona fide use for the luxury car when it first acquired it. Under Department
rules, when cars -are transferred to local agencies, they must be used by that agency for law enforcement
purposes for two years before they may be sold. However, an earlier disposition is proper if the vehicle
ceases to be of use after a period of time. Here, it is'entirely possible that the vehicle was needed for a
legitimate undercover operation, was used for that purpose, and once used, had become known to the
criminal element and thus could not be used again.:; It would be entirely proper, then, to trade the car for
six regular cars, which could be used to carry on the agency's mission. As, a matter of prudence, the
agency should request Department of Justice approval in writing prior to such a trade.
If there was no bona fide intended use for the luxury vehicle, this activity would constitute a violation of.
the two-year rule. 'lite reason for this rule is to assure that when a local agency places a car into official
use, it has a legitimate law enforcement purpose in mind.
B. A local police department used $13,000 in shared cash to purchase a property tracking system that
tracks all police property using scannable bar codes.
This use is proper. As a capital expenditure. there is no supplantation problem. The system is clearly of
benefit to the efficient operation of the agency.
C. A county sheriff's department purchased 118 semi-automatic weapons. According to the sheriff, he
thought the weapons should have been paid for out of the county general fund. However, ►'se county
27
refused to do so. Because the sheriff considered having the weapons to be an officer safety issue, he
approved buying them with sharing proceeds rather than going without them.
This use is proper. The sheriff was correct to say that this is the type of purchase'that should be financed
with appropriated funds. However, absent such funds, the purchase of additional equipment of any type
is permissible so long as it enhances the ability of the agency to do its job.
V. FACILITY COSTS
A. A state police department used shared cash to make lease payments on substation buildings. General
fund monies paid the substation leases in prior years. The leases were paid from an account that
contained shared cash and other revenues such as fees for accident reports and a state cellular phone
tax. There were no restrictions on uses of the other revenues, which made up about 20 percent of the
funds in the account.
This use is an improper supplantation. Sharing proceeds can be used to temporarily lease new facilities,
by analogy to the rule on temporary salaries. Lee II.A above. These appear to be recurring expenditures,
and appropriated funds have been made available in the past. Therefore, there is a supplantation problem
under these facts.
B. A city police department used shared cash to pay the costs of operating an off-site undercover...
narcotics facility. Included in these costs were lease payments, telephone bills, furniture,
improvements to the building, and paving the parking lot. The department did not have an off-site
narcotics facility prior to using the funds for this purpose.
This use is proper. This is a temporary facility and appropriated funds were not available. This is an
excellent use for shared funds.
C. City council minutes stated that sharing proceeds were being used to fund new carpeting for the city
library. This was not readily apparent in the official police department appropriation legislation.
However, this legislation reduced the narcotics unit's overtime allocation. At the same time, the
library's appropriation was raised by the same amount.
This use is clearly improper. It is clear from the stated facts that the sharing proceeds in fact paid for the
carpeting in the public library. Accounting gimmicks made it appear that the money went to agent
overtime, but in fact that did not happen. Had the city council minutes not been so candid, the city might
have been able to disguise this fact. The justification that all budgets were in fact increased makes no
difference where it is clear that but for sharing proceeds, the carpeting would not have been purchased.
VI. USE OF INTEREST INCOME
A. At two city police departments, interest earned on shared cash maintained in seized asset funds went
to the city general funds pursuant to city policy. In both cases, the interest did not maintain a
separate identity in the general fund so it could not be determined for what purpose it was spent.
This use is clearly improper. This Guide is clear that interest on equitaKe sharing monies is subject to the
same rules as the monies themselves.
23
•
V11. PASS-THROUGHS TO OTHER AGENCIES
A. A county -based narcotics task force passed -through- a portion of shared cash to cities that had law
enforcement personnel assigned to the task force: City officials completed documents similar to a
DAG -71 stating that the funds would be used for law enforcement purposes. Neither the county nor
the task force verified that the cities spent the funds for law enforcement purposes.
This use is improper. This situation involves passing -through money from a county -based narcotics task
force to "cities" that had law enforcement personnel assigned to the task force. Cities are not law
enforcement agencies and are not entitled to receive money as such, unless, for some reason, a local law
enforcement agency is legally unable to receive money directly, and the money, which is then received by
the city, is earmarked for a law enforcement activity of that law enforcement agency.
B. A county sheriff's department contracted with a number of cities within the county to provide law
enforcement services. The department passed -through a portion of shared cash to cities in which
seizures took place. The contract cities did not maintain their own police forces. One contract city
used the cash pass-throughs to pay the county for law enforcement services. Records did not show
whether the services paid for with the cash pass-throughs were in addition to normal contract services.
This use is improper. Monies are being spent by a non -law enforcement entity (the cities), and are
supplanting existing appropriations. In reference to the pass-through issue, it could be argued that the
money is in effect being spent by the recipient agency,. as it is receiving the money back from the contrac t
city. This argument might be valid if it were clear that the contract city in fact used the money to pay the
agency to perform new services. But we can hypothesize no situation where it would be necessary for the
money to go from the agency to the city and then back to the recipient agency.
C. A city police department donated $10,000 of the $50,000 equitable share it received to a
"Victim/Witness" program, a community-based, no n-proFt organization that counsels victims and
witnesses.
This use is a valid law enforcement use, as victim/witness counseling is something the police department .
could validly do itself as a part of its regular law enforcement mission. However, the amount donated for
this purpose must be limited to fifteen percent of the amount received ($7,500) under current Department
guidelines (unless the "windfall"' provision applies). ($.e& subsection X.A.3.a. of this Guide.)
U.S. Department of Justice
Criminal Division
Asset Forfeiture and jWoney Laundering Section
Addendum to
A Guide to
Equitable SharIn
September 1997
Addendum to
A Guide to Equitable Sharing of Federally
Forfeited Property for State and Local Law
Enforcement Agencies (March 1994)
8
Since its publication of A Guide to Equitable Sharing of
Federally Forfeited Property for State and Local Law
Enforcement Agencies (hereinafter A Guide to Equitable_
- -
a
Sharing) in March of 1994, the Department of Justice has
issued three equitable sharing policy statements. This
addendum sets forth the current policies on: (1) monetary
thresholds for federal adoption for forfeiture of state and
local property seizures; (2) the use of equitably shared
asset forfeiture funds to pay the salaries and benefits of
state and local law enforcement officers; and (3) the
agreement, certification, and audit reporting requirements.
Accordingly, copies of this addendum should be included
With existingcopies of A Guide to Equitable Sharing.,
•. ;�, :� ; "�
Please address any questions on these policies to the Asset .
Forfeiture and Money Laundering Section, Criminal .
Division, Department of Justice, at (202) 514-1263.
8
Addendum to A Guide to Equitable Sharing
Table of Contents
1. Monetary Thresholds for Adoptive Forfeitures ....................1
2. Use of Equitably Shared Asset Forfeiture Funds
to Pay the Salaries and Benefits for Law
Enforcement Officers............................................................ 3
• Agreement, Certification, and Audit
Reporting Re...................................................
qu�rements .... 7
R
r
Addendum to A Guide to Equitable Sharing
1. Monetary Thresholds for Adoptive Forfeitures
.es Note: This policy statement replaces section VI, "What
the Minimum Monetary Thresholds Are," of
A Guide to Equitable Sharing.
_
In :adoptive cases, property generally is not to be forfeited
_ -�.•� T y ,, °:; "it'r':'{4
unless the equity in the property exceeds the following levels:
Conveyances
' Vehicles S2,500
Vessels $5,000
Aircraft $5,000
Real Property
_........
.. Land and
Improvements . 510,000'
All Other Property
Currency,
Bank Accounts,
Monetary Instruments,
Jewelry, etc.' $1,000
The United States Attorneys, in consultation with federal
4:-�=- '-'= =..
seizing agencies and state and local law enforcement may institute
higher or lower district -wide thresholds for judicial forfeiture cases
as law enforcement or management needs require. Written notice
' or 20 percent of appraised value, whichever is greater.
? Firearms may be forfeited regardless of value.
V%5wsseo
10 `... ` .
•
44
Addendum to A Guide to Equitable Sharing
of any higher or lower thresholds shall be provided to the Chief o
the Asset Forfeiture and Money Laundering Section, Criminal
Division.
In individual cases, an overriding law enforcement benefit may
require the seizure of an asset that does not meet the thresholds. I:
such cases, the thresholds may be waived when forfeiture will
serve a compelling law enforcement interest; e.g., forfeiture of a
"crack house," of a conveyance with hidden compartments, or of a
vehicle used in alien smuggling that is seized at an international
border. Any downward departure from the monetary thresholds in
individual cases must be approved in writing by a supervisory Ieve
official, and an explanation of the reason for the departure must be
noted in the case file. The fact that.the owner or person in
possession of the property has been arrested or will be criminally
prosecuted is an appropriate basis for a downward departure.
Lower thresholds may not necessarily result in increased
sharing with state and local law enforcement. Since sharing is
always based on net proceeds after recovery of costs, forfeiture of
lower dollar -value property may result in no net proceeds to
share.'
Net proceeds are calculated based on gross receipts from forfeiture or the
sale of forfeited property minus: (1) qualified third -parry interests (e.g., liens,
mortgages); (2) federal case -related expenses (e.g., advertising costs, out-of-
pocket investigative or litigative expenses); (3) any award paid to a federal
informant; or (4) federal property management expenses (e.g., appraisal,
storage, security, sale).
ft
Addendum to A Guide to Equitable Sharing
of any higher or lower thresholds shall be provided to the Chief o
the Asset Forfeiture and Money Laundering Section, Criminal
Division.
In individual cases, an overriding law enforcement benefit may
require the seizure of an asset that does not meet the thresholds. I:
such cases, the thresholds may be waived when forfeiture will
serve a compelling law enforcement interest; e.g., forfeiture of a
"crack house," of a conveyance with hidden compartments, or of a
vehicle used in alien smuggling that is seized at an international
border. Any downward departure from the monetary thresholds in
individual cases must be approved in writing by a supervisory Ieve
official, and an explanation of the reason for the departure must be
noted in the case file. The fact that.the owner or person in
possession of the property has been arrested or will be criminally
prosecuted is an appropriate basis for a downward departure.
Lower thresholds may not necessarily result in increased
sharing with state and local law enforcement. Since sharing is
always based on net proceeds after recovery of costs, forfeiture of
lower dollar -value property may result in no net proceeds to
share.'
Net proceeds are calculated based on gross receipts from forfeiture or the
sale of forfeited property minus: (1) qualified third -parry interests (e.g., liens,
mortgages); (2) federal case -related expenses (e.g., advertising costs, out-of-
pocket investigative or litigative expenses); (3) any award paid to a federal
informant; or (4) federal property management expenses (e.g., appraisal,
storage, security, sale).
ft
11
0
Addendum to .a. Guide to Equitable Spa in
2. Use of Equitably Shared Asset Forfeiture Funds to
Pay the Salaries and Benefits of Law Enforcement
Officers
Z Note: This policy statement supplements section X, "Uses
of Equitably Shared Property," of A Guide to
Equitable Sharing.
1. Asset forfeiture is an effective law enforcement tool the
•' :- �•� = •�"'`
United States uses to deprive criminals of their ill-gotten gains b
;, -fes• ;. >+
- seizing the proceeds of criminal activity and property used to
facilitate crime.
2. Seized property is shared with state and local law
enforcement agencies which make substantial contributions to
underlying criminal investigations, thereby not only depriving
criminals of their ill-gotten gains, but returning the proceeds to law
enforcement to use to fight crime. This program is called
"equitable' sharing."
3. The prospect, of receiving forfeited funds should not
influence the relative priorities of law enforcement agencies.
Moreover, there should be no appearance that law enforcement
decisions are motivated by the prospect of receiving forfeited
funds. Accordingly, asset forfeiture funds generally should not be
used to pay the salaries of law enforcement officers.
4. However, there are limited circumstances when the use of
asset forfeiture. funds to pay the salaries and benefits of law
enforcement officers is not likely to actually influence or appear to
influence law enforcement priorities. In these instances, the use of
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equitably shared asset forfeiture funds is permitted.
. _ _ �i
5. In addition.to the instances listed in A Guide to Equitable
Sharing, the only circumstances in which equitably shared asset
forfeiture funds may be used to pay the salaries and benefits of law
enforcement officers. are.
Addendum (0 ,4 Guide to Equitable Sharing
a. When expressly authorized by law';
b. When a law enforcement agency assigns a law
enforcement officer to a task force for a period of no less than a
year or the life of the task force and hires a new law enforcement
officer to replace the officer so assigned, the agency may pay the
salary and benefits of the replacement officer from equitably
shared.asset forfeiture funds as long as the replacement officer
does not have the seizure of assets or narcotics law enforcement as
his/her principal duty'; and
�_,• .. Y ;:3:-� ' '-•.�:'�=" -=�:: -� When a law c. enforcement agency has assigned an officer
_? p f his/her replacement as specified in subsection (b) and
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it becomes necessary to return the officer so assigned out of the
task force, the law enforcement agency may continue to use
forfeited funds to pay for the salary and benefits of the replacement
officer for a period not to exceed six months.'
' For example, the Community Oriented Policing Services (COPS) program
established by the Violent Crime Control and Law Enforcement Act of 1994..._.
expressly permits state and local law enforcement agencies to use equitably
shared asset forfeiture funds to meet the local match requirements of that
program.
2 For example, Agency A assigns Officer Y to a joint counter -narcotics task
force operated by ten local jurisdictions. Agency may then hire Officer Z and
may pay Officer Z's salary from asset forfeiture funds. Officer Z may not be
assigned to a narcotics unit and he may not be assigned to a unit which identifies
assets for seizure. On the other hand, he may be assigned to routine patrol
duties. If, during the course of his regular patrol duties, he stops a motor
vehicle found to contain narcotics and cash, Agency A may continue to pay
Officer Z's salary from asset forfeiture funds.
This provision is designed to afford law enforcement agencies the
opportunity to rearrange staffing assignments without suffering severe financial
hardships and also recognizes that the hiring process can take time. If Agency
A assigns Officer X to a task force and hires Officer Z to replace Officer X, but
later determines it appropriate both to recall Officer X from the task force and
not to assign another officer to the task force, Agency A may nonetheless
continue to pay Officer Z's salary from forfeited funds for a period of six
months.
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