CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 894, 2004 WL 231192
...We further agree with the owners that the Forfeiture Act directly preempts the City's ordinance because the Act provides for a comprehensive procedure for forfeiture of property. See §§
932.701-932.707, Fla. Stat. (2002). The Act applies to all law enforcement agencies including municipal police departments. See §
932.7055(4), Fla....
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furnished." 3
477 So.2d 1029 (Fla.2d DCA 1985). 4 Section
932.7055(1)(a)-(c), Fla. Stat. 5 See, Inf. Op. to Mr
CopyAgo (Fla. Att'y Gen. 2001).
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...the special law enforcement trust fund so long as such an expenditure serves a municipal purpose, is included in the budget and is made pursuant to an appropriation. However, funds from the special law enforcement trust fund established pursuant to section 932.7055 (4)(a), Florida Statutes, may not be used to repay money advanced to the fund by the City of Coral Gables....
...mpanied by a written certification that the request complies with the act and when appropriated to the police department by the governing body of the municipality. 9 In specifying the uses for such proceeds in the special law enforcement trust fund, section 932.7055 (4)(a), Florida Statutes, states, in part: "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 en...
...s and purposes, beyond what is usual, normal, regular, or established. The Florida Contraband Forfeiture Act establishes a scheme for the appropriation and expenditure of trust funds generated by the seizure and forfeiture of contraband. Pursuant to section 932.7055 (4)(a), Florida Statutes, proceeds from the special law enforcement trust fund "shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcemen...
...s or proceeds therefrom in the adoption and approval of the budget for the law enforcement agency." 11 While I am aware of no prohibition against the City of Coral Gables contributing to the special law enforcement trust fund established pursuant to section 932.7055 (4)(b), Florida Statutes, there is no authority to secure repayment of such moneys from future forfeitures or proceeds therefrom....
...the special law enforcement trust fund so long as such an expenditure serves a municipal purpose, is included in the budget and is made pursuant to an appropriation. However, funds from the special law enforcement trust fund established pursuant to section 932.7055 (4)(a), Florida Statutes, may not be used to repay money advanced to the fund by the City of Coral Gables....
...01-30 (2001), concluding that the city could lend properly appropriated municipal funds to a community redevelopment agency for a project declared by the city to represent a municipal purpose). 5 Section
932.701 (1), Fla. Stat., provides the title for the act. 6 Section
932.7055 (1), Fla. Stat. 7 See, s.
932.7055 (3), Fla....
...Stat., prescribing that the proceeds be used to satisfy any liens preserved by the court in the forfeiture proceedings, pay the costs incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of the property, and pay any court costs incurred in the forfeiture proceeding. 8 Section 932.7055 (4)(a), Fla. Stat. 9 Section 932.7055 (4)(b), Fla....
...quired certification from the sheriff/director of public safety. See also, Op. Att'y Gen. Fla. 81-99 (1981) (board of county commissioners vested with exclusive authority to decide appropriation of contraband trust funds to the sheriff's office). 10 Section 932.7055 (4)(c)1.-3., Fla. Stat. 11 Section 932.7055 (8)(c), Fla....
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...ication that the request complies with the provisions of this subsection, and only upon appropriation to the sheriff's office by the board of county commissioners. 5 In specifying the uses for such proceeds in the special law enforcement trust fund, section 932.7055 (4)(a), Florida Statutes, states, in part, that "[s]uch proceeds and interest earned therefrom shall be used for ....
...ently released from jail where such funds will be directed to the renovation of buildings used by the program for residential and administrative purposes. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 See , s.
932.701 (1), Fla. Stat. 2 Section
932.7055 (1), Fla. Stat. 3 See, s.
932.7055 (3), Fla....
...Stat., prescribing that the proceeds be used to satisfy any liens preserved by the court in the forfeiture proceedings, pay the costs incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of the property, and pay any court costs incurred in the forfeiture proceeding. 4 Section 932.7055 (4)(a), Fla. Stat. 5 Section 932.7055 (4)(b), Fla....
...equired certification from the sheriff/director of public safety. See also, Op. Att'y Gen. Fla. 81-99 (1981) (board of county commissioners vested with exclusive authority to decide appropriation of contraband trust funds to the sheriff's office). 6 Section 932.7055 (4)(c)1.-3., Fla....
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required donation of contraband funds pursuant to section
932.7055(5)(c)3., Florida Statutes? Sections
932.701—932
CopyAgo (Fla. Att'y Gen. 2002).
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...29 Attention: Ms. Jan K. Seiden Assistant City Attorney Dear Mr. Weintraub: You have asked for my opinion on substantially the following question: Is the City of Miami Springs authorized to use contraband forfeiture trust funds available pursuant to section 932.7055 (4), Florida Statutes, to fund a portion of the city's new recreation building/gymnasium, which will be utilized and occupied by the city police department for a satellite community police office? In sum: While individual police initiatives and programs may fall within the scope of those purposes authorized by section 932.7055 (4), Florida Statutes, the actual development and construction of a satellite community police office would appear to meet the "normal operating needs of the law enforcement agency" and therefore the Florida Contraband Forfeiture Act would prohibit the use of contraband forfeiture trust funds for such a purpose....
...1 The act provides that when the seizing agency is a county or municipality, that after payment of certain liens and costs 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. 2 Pursuant to section 932.7055 (4)(a), Florida Statutes, the proceeds from a forfeiture and the interest earned therefrom may only be used "for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other...
...for a site of day-to-day operations but would not be an appropriate subject for the expenditure of contraband forfeiture trust funds. In sum, while individual police initiatives and programs may fall within the scope of those purposes authorized by section
932.7055 (4), Florida Statutes, it is my opinion that the actual development and construction of a community police office would appear to meet the "normal operating needs of the law enforcement agency" and the Florida Contraband Forfeiture Act would prohibit the use of contraband forfeiture trust funds for such a purpose. Sincerely, Richard E. Doran Attorney General RED/tgh 1 See, s.
932.703 (1)(a), Fla. Stat. 2 See, s.
932.7055 (4)(a), Fla. Stat. 3 Section
932.7055 (4)(c)1.-3., Fla....
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be made by the governing body of the city.6 Section
932.7055(4)(b), Florida Statutes, provides that contraband
CopyAgo (Fla. Att'y Gen. 1997).
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forfeiture trust funds available pursuant to section
932.7055(4), Florida Statutes (1996 Supplement), to
CopyAgo (Fla. Att'y Gen. 1993).
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matching funds to obtain federal grants.4 (e.s.) Section
932.7055(4)(c)2., F.S. (1992 Supp.), prohibits the
CopyAgo (Fla. Att'y Gen. 1998).
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real and personal property under the act. 22 Section
932.7055(1), Fla. Stat.
CopyAgo (Fla. Att'y Gen. 1997).
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in the special law enforcement trust fund, section
932.7055(4)(a), Florida Statutes (1996 Supplement)
CopyAgo (Fla. Att'y Gen. 2001).
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...1 If seized property is sold, the proceeds are disbursed in the manner prescribed by statute. 2 When the seizing agency is a municipality, any remaining proceeds are to be deposited in a special law enforcement trust fund established by the governing body of the municipality. 3 Pursuant to section 932.7055 (4)(b), Florida Statutes, funds in a contraband forfeiture trust fund may be expended upon a request by the chief of police to the governing body of the municipality, which is accompanied by a written certification that the request complies with the provisions of the statute. Further, these funds may only be spent following their appropriation to the police department by the governing body of the municipality. In specifying the uses for such proceeds in the special law enforcement trust fund, section 932.7055 (4)(a), Florida Statutes, states: "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...
...Although indirectly beneficial to the law enforcement agency, such an expenditure would be primarily of personal benefit to the individual involved. As such, it would not appear to serve a law enforcement function or purpose as contemplated by the Contraband Forfeiture Act. Moreover, as noted above, section 932.7055 , Florida Statutes, in authorizing the expenditure of trust fund monies for law enforcement purposes, refers to such permissible expenditures as school resource officers, crime prevention, safe neighborhood, drug abuse education and...
...ct may not be used to pay for the LASIK eye surgery of a law enforcement officer since the benefit from such expenses would be primarily personal rather than for a law enforcement function. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 932.7055 (1), Fla. Stat. 2 See, s. 932.7055 (3), Fla....
...ed by the court in the forfeiture proceedings; payment of costs incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of the property; and payment of court costs incurred in the forfeiture proceeding. 3 Section 932.7055 (4)(a), Fla. Stat. 4 Section 932.7055 (4)(c)1.-3., Fla....
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forth in s. 932.707, F.S. (1992 Supp.). 2. Section
932.7055(4)(b), F.S. (1992 Supp.), requires that the
CopyAgo (Fla. Att'y Gen. 1995).
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for the Florida Contraband Forfeiture Act. Section
932.7055, Fla. Stat., as amended by Ch. 95-265, Laws
CopyAgo (Fla. Att'y Gen. 2004).
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...herein." 3 As you note, while there are a number of dispositions available to the sheriff under Chapter 705 , Florida Statutes, or under the Florida Contraband Forfeiture Act, returning the weapon to the owner is not among those listed. For example, section 932.7055 (1), Florida Statutes, the Florida Contraband Forfeiture Act, permits a seizing agency obtaining forfeiture of personal property to elect to retain the property, sell the property at public auction or by sealed bid to the highest bid...
CopyAgo (Fla. Att'y Gen. 2005).
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...ear Chief Taylor: As Chief of Police for the City of Florida City, you have asked for my opinion on substantially the following question: Is the Florida City Police Department authorized to use contraband forfeiture trust funds available pursuant to section 932.7055 (4), Florida Statutes, to fund: 1) The purchase of vehicles and specialized equipment for those vehicles; 2) A narcotics trained police dog....
...1 The act provides that when the seizing agency is a municipality, after payment of certain liens and costs, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the governing body of the municipality. 2 Section 932.7055 (5)(a), Florida Statutes, requires that the proceeds from a forfeiture and the interest earned therefrom be used only "for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or...
...The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency." These funds may be expended upon the request of the chief of police to the governing body of the municipality and must be accompanied by a written certification that the request is in compliance with the provisions of section 932.7055 (5)....
...equipment or expertise[.]" Thus, it is my opinion that the cost of securing a narcotics trained police dog for the Florida City Police Department may appropriately be paid from the contraband forfeiture funds available to the department pursuant to section 932.7055 , Florida Statutes. In sum, section 932.7055 , Florida Statutes, requires that contraband forfeiture trust funds be used only for the expressly specified purposes set forth in the statute or for other extraordinary programs and purposes, beyond what is usual, normal, regular, or established....
...The department also appears to be authorized to use these funds to secure a narcotics trained police dog for use in drug prevention programs and in protracted or complex investigations with other law enforcement agencies. Sincerely, Charlie Crist Attorney General CC/tgh 1 See s.
932.703 (1)(a), Fla. Stat. 2 See s.
932.7055 (4)(a), Fla. Stat. 3 Section
932.7055 (5)(b), Fla. Stat. 4 Section
932.7055 (5)(c), Fla....
CopyAgo (Fla. Att'y Gen. 2003).
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...f the property; and payment of court costs incurred in the forfeiture proceeding. 2 If the seizing agency is a county, the remaining proceeds must be deposited in a special law enforcement trust fund established by the board of county commissioners. Section 932.7055 (4)(a), Florida Statutes, provides: '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 enforceme...
...Accordingly, I am of the opinion that contraband forfeiture funds may be used to pay the costs of hosting the conference where issues facing law enforcement will be discussed and training sessions may be offered. Sincerely, Charlie Crist Attorney General CC/tjw 1 Section 932.7055 (1)(a)-(c), Fla. Stat. 2 Section 932.7055 (3)(a)-(c), Fla. Stat. 3 Section 932.7055 (4)(b), Fla. Stat. And see, Op. Att'y Gen. Fla. 96-62 (1996) (given inability of county commissioners to expend funds absent sheriff's request and written certification, deference should be given to the sheriff's request). 4 Section 932.7055 (4)(c), Fla....
CopyAgo (Fla. Att'y Gen. 1996).
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...1 When the seizing agency is a county or municipality, the act provides that after payment of certain liens and costs 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. 2 Section 932.7055 (4)(b), Florida Statutes, states: 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 certificatio...
...certification that such request complies with the provisions of the contraband forfeiture act, the ultimate appropriation of such funds is to be made by the board of county commissioners after due consideration of the sheriff's request. Question Two Section 932.7055 (3), Florida Statutes, provides: 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....
...Accordingly, it is my opinion that the upgrading of computers in the sheriff's department would be a part of the normal operating costs of the department that may not be funded from the contraband forfeiture trust fund. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 See, s.
932.703 (1)(a), Fla. Stat. 2 See, s.
932.7055 (4)(a), Fla....
...e the expenditures from, and the appropriation of, funds collected under the contraband forfeiture act. 5 Cf., Op. Att'y Gen. Fla. 93-6 (1993), in which this office concluded that funds from a contraband forfeiture trust fund established pursuant to s. 932.7055 , Fla. Stat., could not be used to repay monies advanced or loaned to the fund by a city for authorized expenditures. 6 Section 932.7055 (4)(a), Fla....
CopyAgo (Fla. Att'y Gen. 2004).
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...property: surplus property pursuant to section
274.06 , Florida Statutes; lost or abandoned property pursuant to section
705.103 , Florida Statutes; unclaimed evidence pursuant to section
705.105 , Florida Statutes; or forfeited property pursuant to section
932.7055 , Florida Statutes? According to your letter the Bay County Sheriff's Office currently conducts a live annual auction to dispose of these types of property, after advertising the auction....
...surplus property pursuant to section
274.06 , Florida Statutes; lost or abandoned property under section
705.103 , Florida Statutes; unclaimed evidence as provided in section
705.105 , Florida Statutes; or forfeited property pursuant to what is now section
932.7055 , Florida Statutes....
...roperty used in violation of any provision of the Florida Contraband Forfeiture Act. 22 Upon seizure, all rights to, interest in and title to contraband articles used in violation of the act vest in the seizing law enforcement agency. 23 Pursuant to section 932.7055 (1), Florida Statutes, when a seizing agency obtains a final judgment granting forfeiture of personal property it may elect to retain the property for agency use; salvage, trade, or transfer the property to a public or nonprofit orga...
...25 Sincerely, Charlie Crist Attorney General CC/tgh 1 The statute providing for the disposition of forfeited property discussed in Op. Att'y Gen. Fla. 88-27 (1988) was s.
932.704 (3)(a), Fla. Stat. The relevant provisions of that statute were transferred to what is now s.
932.7055 , Fla....
...8. Any motor vehicle offered for sale in violation of s.
320.28 . 9. Any motor vehicle used during the course of committing an offense in violation of s.
322.34 (9)(a)." 22 Section
932.703 (1)(a), Fla. Stat. 23 Section
932.703 (1)(c), Fla. Stat. 24 Section
932.7055 (1)(b), Fla....
CopyAgo (Fla. Att'y Gen. 2003).
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Forfeiture Act restricts the use of such property. Section
932.7055, Florida Statutes, governs the disposition
CopyAgo (Fla. Att'y Gen. 1995).
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certification that the request complies with section
932.7055(4), Florida Statutes, and only upon appropriation
CopyAgo (Fla. Att'y Gen. 1998).
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...court costs incurred in the forfeiture proceeding. 2 If the seizing agency is a county, as is the case in this instance, the remaining proceeds are deposited in a special law enforcement trust fund established by the board of county commissioners. 3 Section 932.7055 (4)(a), Florida Statutes, provides: "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 enforceme...
...tuition reimbursement to Sheriff's Office employees for college level courses when those courses develop additional expertise in specific areas related to the job duties of these employees. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Section 932.7055 (1), Fla. Stat. 2 Section 932.7055 (3), Fla. Stat. 3 Section 932.7055 (4)(a), Fla. Stat. 4 Section 932.7055 (4)(c)1.-3., Fla....
