0758 Law Enforcement Trust FundORDINANCE NO. 758
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA
ENACTING AND ESTABLISHING A LAW ENFORCEMENT TRUST
FUND FOR THE DEPOSIT OF FUNDS OBTAINED BY LAW
ENFORCEMENT ARISING OUT OF ADMINISTRATIVE FEES
COLLECTED BY VIRTUE OF RESOLUTION NO. 98 -13, CITY OF
OKEECHOBEE, FLORIDA; OR SUCH FUNDS OBTAINED THROUGH
THE PROCEDURES OF FORFEITURE AS SET OUT IN FLORIDA
STATUTE 932.701; SETTING FORTH PRIORITY OF DISPOSITION
OF FUNDS; SETTING FORTH THE EXPENDITURES PERMITTED
FROM SUCH FUND; SETTING FORTH THE PROCEDURES TO
OBTAIN AUTHORITY TO EXPEND SUCH FUND; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida has enacted Resolution No. 98 -13 which
resolution sets forth procedures and establishes administrative fees for the detention,
handling; storing and processing of such motor vehicles or other conveyances that are
found to have contraband in such vehicle or conveyance when detained by law
enforcement;
WHEREAS, the disposition of any such funds by the City of Okeechobee, Florida should be
made in a uniform and prescribed manner in order to accurately account for the fund,
and to permit expenditures similar to those as are permitted by the provision of Florida
Statutes 932.701 et.seq.
WHEREAS, it is also in the best interests of the City to establish by ordinance a law
enforcement trust fund for the deposit of such fees, as well as to comply with the
provisions of Florida Statute 932.701 in the event any fee or fund is additionally
obtained by virtue of the forfeiture of any real or personal property as set forth in
Florida Statute 932.7055;
WHEREAS, the City of Okeechobee, Florida has the authority to enact such ordinance as
necessary to carry out legislation as set forth in Florida Statutes, for the health, safety
and welfare of its citizens; it is
NOW, THEREFORE enacted by the City Council, City of Okeechobee, Florida, the
following ordinance:
Section 2 -121. Establishment of Law Enforcement Trust Fund.
(a) There is established for the City of Okeechobee, Florida a separate fund,
entitled "Law Enforcement Special Fund" which shall be administered through
the Finance Department for the City of Okeechobee, and placed on deposit
with such financial institution as may be authorized by the City from time to
time.
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(b) The special fund shall be an account separate and apart from the General Fund
or any other departmental fund within the City, and only funds obtained from
law enforcement for the City of Okeechobee shall be deposited in said account,
and specifically only those funds obtained by virtue of Resolution No. 98 -13
which assesses administrative fees for the detention, handling, storing and
processing of motor vehicles or other conveyances found to have contained
contraband; or such fees as are obtained by virtue and as a result of a forfeiture
of real or personal property as permitted by Florida Statutes 932.701 et.seq.
The fund accounting shall be that normally used by the finance department
using generally accepted accounting principles.
The Finance department shall maintain separate ledgers and line -item
accounting for deposits into the account for those deposits earmarked as
recovered under the provisions of Resolution No. 98 -13 and for deposits into
the account earmarked as recovered under the provisions of Florida Statutes
932.701 et.seq. The accounting methods used shall be such as to enable the
City to maintain and verify separate sources and balances in such account for
both the administrative fees and receipts from forfeiture of real or personal
property.
Section 2 -122. Permitted Use of Funds.
(a) All funds and interest thereon as are deposited and accumulated in the Law
Enforcement Special Fund from the proceeds from the forfeiture of real or
personal property as authorized by Florida Statute 932.701 shall by used by the
City of Okeechobee only for one or more of the following:
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.
(b) The fund, interest or proceeds thereof may not be used to meet normal
operating expenses of the law enforcement agency.
(c) All funds and interest thereon as are deposited and accumulated in the Law
Enforcement Special Fund from the proceeds of any administrative fees
collected under Resolution No. 98 -13 may be used for any legitimate law
enforcement purpose by the police department, except such may not be used
to meet normal operating expenses of the law enforcement agency.
Section 2 -123. Donation of Certain Forfeiture Funds.
(a) For deposits into the special fund that are earmarked as having been recovered
by the City under the provisions and authority of Florida Statutes 932.701, the
"Florida Contraband Forfeiture Act (The "Act in each fiscal year in which
those deposit meet or exceed the sum of $15,000.00 for such fiscal year, the law
enforcement agencies of the City of Okeechobee must donate no less than 15
percent of such fund for the support or operation of any drug treatment, drug
abuse education, drug prevention, crime prevention, safe neighborhood, or
school resource officer program.
(b) The City Police Department, City of Okeechobee shall have the discretion to
determine which program(s) will receive these designated proceeds.
Section 2 -124. Procedure to Expend Funds.
(a) There shall not be permitted the withdrawal or expenditure of proceeds
obtained under the forfeiture provisions of Florida Statute 932.701 which are
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ATTEST:
ATTEST:
deposited into the special fund, except by the following procedure.
(b) For those funds obtained via forfeiture of real or personal property as permitted
under the Act, the Chief of Police, or his designee, Okeechobee, Florida, may
by written request to the City Council, request an expenditure from the special
fund, which request sets forth the expenditure, the cost thereof, and a written
certification that the request complies with the requirements of Florida Statute
932.7055.
For those funds obtained via the administrative fee authorized by Resolution
No. 98 -13 the Chief of Police is authorized to expend up to the sum of
$5,000.00 quarterly during the fiscal year without seeking further approval from
the City Council, but the Chief or his designee shall comply with any
purchasing/bidding requirements as may be in effect within the City at the time
of such purchase, and use the funds only for those purposes permitted herein.
Any expenditure in this section shall be reported to the City Administrator within
ten (10) day of such expenditure.
(c) Any required requests for expenditures shall be placed on the next available
agenda for the City Council for consideration. The Council shall grant or deny
the request based upon the criteria of this ordinance and Florida Statute
932.701 et.seq. and in its discretion, may require further and additional
information, or procedure(s), including but not limited to requiring request for
proposals, formal bidding, or other purchasing protocol in order to obtain the
most value and quality available for the item(s) requested.
SEVERABILITY. If any provision or portion of this ordinance is declared by any court
of competent jurisdiction to be void, unconstitutional, or unenforceable, then all
remaining provisions and portions of this ordinance shall remain in full force and effect.
EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage.
Introduced on first reading and set for public hearing this 19
Bonnie S. Thomas, CMC, City Clerk
Passed on second and final reading this 3' day of October 20
Bonnie S. Thomas, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
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of September 2000.
James E. Kirk, Mayor
James E. Kirk, Mayor