M E M O R A N D U M
________________________________________________________________
Date: |
April 26, 2011 |
To: |
Honorable Mayor Glenn Singer & Town Council Members |
From: |
Alexander Diaz, Town Manager |
Subject: |
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Recommendation:
It is recommended that the Town Council adopt the attached Resolution No. 2172.11 as presented.
Background: The Town has Golden Beach Police Officers participating in both regional and federal organized crime task forces as part of the Police Department’s program to enhance crime prevention and to help prevent drug abuse. Both of these organized crime task forces, as part of their efforts to prevent crime and apprehend law violators, seize assets used in or obtained from the commission of criminal actions.
Federally Seized Assets: At the discretion of the United States Attorney General under United States Statute: 18 U.S.C. Section 981 (e) (2), and 21 U.S.C. Section 881 (e) (1) (A) and (e) (3) (b), the Golden Beach Police Department may lawfully receive equitable shares of the federally seized funds at the conclusion of the legal proceedings. These shares are deposited in the Town’s Law Enforcement Trust Fund account.
The U.S. Department of Justice publication titled “Guide to Equitable Sharing for State and Local Law Enforcement Agencies” specifically provides that the equitably shared forfeited asset funds resulting from the participation of a local agency in investigations with Federal law enforcement agencies may be utilized by the participating local agency to acquire law enforcement equipment or certain resources for use by law enforcement personnel that supports law enforcement activities.
State Seized Assets: Under Florida State Statute (FSS) 932.7055, the Florida Contraband Forfeiture Act, the Golden Beach Police Department lawfully receives equitable share(s) of State seized funds at the conclusion of the legal proceedings involving the regional task force.
LETF Items
Agenda Item 2170.11
Page Two
FSS 932.7055 mandates that a local law enforcement agency that acquires at least $15,000 in such proceeds in a fiscal year must expend or donate no less than 15% of forfeited asset proceeds for crime prevention, drug prevention, youth resource officer or safe neighborhood programs. As part of its crime prevention program efforts, the Town uses these assets to fund the salary and benefits costs of two (2) police officers who participate in two different organized crime task forces.
The Town uses both the federally seized and the State seized funds to increase crime prevention efforts and to enhance the quality of police services for Town residents without increasing the Town’s budget. The attached items meet the requirements of the Federal and/or State Statute requirements and are requested to be funded.
Financial Impact:
This will not have a financial impact on the Police Department’s regular budget as the requested equipment qualifies for monies from the Town’s LETF accounts under the state account (FSS 932.7055) and/or the federal account (Federal Forfeiture Statutes). This will reduce the LEFT account by $7,669.43
Attachments: Memo 11-PD-028 listing requested Items, Finance Department Report, Agenda Item, and Agenda Item Resolution.
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