HomeMy WebLinkAboutLetterMETROPOLITAN DADE COUNTY, FLORIDA
October 3, 2007
Thomas Hunker
President
Miami -Dade Chiefs of Police
Dear Chief Hunker,
METRO-DADE POLICE DEPARTMENT
POLICE LEGAL BUREAU
9105 N.W. 25TH STREET
MIAMI, FLORIDA 33172
Essentially you have asked the following question: Can the Law
Enforcement Trust Fund maintained by each agency expend funds to the
Police Memorial in Washington D.C.?
It is my opinion that an expenditure from an agency's Law Enforcement
Trust Fund (LETF) to the Washington, D.C. Police Memorial is a proper
law enforcement purpose under the Florida Contraband Forfeiture Act
(FCFA).
It is my understanding that the police memorial consists not only of a
memorial site, but also of a training and educational facility. Under the
FCFA, proceeds of forfeited funds in an agency's law enforcement trust
fund may be used for school resource officer, crime prevention, safe
neighborhood, drug abuse education and prevention programs, or other
law enforcement purposes, but may not be used for normal operating
expenses. Section 932.7055, Florida Statutes, 2006.
Furthermore, funds may only be expended upon request by the head of
the agency (Chief or Sheriff) to the city or county commissioners,
accompanied by a written certification that the request complies with the
provisions of the FCFA's, and a subsequent appropriation to the police
department or sheriffs office by the city or county commissioners. Since
the primary purpose of such trust fund expenditures would be to further
educate the public on crime prevention and awareness, it appears to
meet the requirements of the FCFA. See Op.Atty.Gen_, 2005-62,
November 21, 2005; and Op.Atty.Gen. 2003-39, August 21, 2003.
Thomas Hunker, President, Miami -Dade Chiefs of Police
October 3, 2007
Page 2
Clearly, the expenditure is not for a normal operating expense, and its
appropriateness as a law enforcement purpose is therefore left to the
discretion of the governing body. I trust this opinion has clarified your
question.
Si rely,
enn Theobald
Legal Advisor
Miami -Dade Chiefs of Police