HomeMy WebLinkAboutDocumentation_Regular_Tab 03_04/08/2010~. VILLAGE OF TEQUESTA
~'~ AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date:
April 8, 2010 Meeting Type: Regular Ordinance #: dick here to enter text.
Consent Agenda: Yes Resolution #: 5-10
Originating Department: Police
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Appropriating fund balance from Special Law Enforcement Trust Fund
3. BUDGET /FINANCIAL IMPACT:
Account #: 605-000-554.300 Amount of this item: $1000.00 ~ -
Current Budgeted Amount Available: Budget Amount Requested:
$0 $1,000
_,
Budget Amendment Required: Yes Appropriate Fund Balance: Yes _ _:_
e
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Appropriating fund balance from the Special Law Enforcement Trust Fund in the amount of $1000.00 to
be used to pay the membership fee of the Palm Beach County Law Enforcement Exchange System.
The Chief of Police has certified that the request complies with the provisions of Chapter 932, F.S.
5. AF'F'ItUVALS:
Dept. Head ~ / Finance Director: ~~~
i
Attorney: (for legal sufficiency) Yes ^ No ^
Village Manager:
.-s-~--~
• SUBMIT FOR COUNCIL DISCUSSION:
• APPROVE ITEM: ^
• DENY ITEM: ^
RESOLUTION NO.5-10
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROPRIATING
FUND BALANCE FROM THE SPECIAL LAW ENFORCEMENT TRUST
FUND IN THE AMOUNT OF $1,0OO.OQ AND AUTHORIZING THE
VILLAGE MANAGER TO PROCEED ON BEHALF OF THE VILLAGE
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, funds will be used to pay the membership fee of The Palm Beach
County Law Enforcement Exchange System and;
WHEREAS, the Chief of Police has certified that the request complies with the
provisions of Chapter 932, F.S.;
WHEREAS, The following budgeted revenue and expenditure accounts
will be increased;
a.) Revenue -Appropriate Fund Balance
b.) Expenditure - Books, Publications, Subscriptions, and
Membership Fees.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THEVILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1 The appropriation of fund balance in the amount of $1,000.00 from The Special Law
Enforcement Trust Fund #605 for membership fees associated with The Palm Beach County Law
Enforcement Exchange System is hereby approved.
oUESrq TEQUESTA POLICE DEPARTMENT
MEMORANDUM
�,
To: Michael R. Couzzo, Jr.: .
r .X7
Village Manager r ;=?
From: Chief William McCollom
Date: January 25, 2010
Subject: FORFEITURE FUNDS FOR LEX DATA SHARING
I would request that the Village Council consider the use of forfeiture funds to support the
Palm Beach County Law Enforcement Exchange (LEX) program so we may continue as a
member of this valuable program. LEX has established a membership cost based on the
size of the agency. Tequesta is considered a Category 1, which is an agency with 1 -19
officers. The membership fee is one thousand dollars ($1,000).
The Florida Contraband Forfeiture Act allows agencies to use funds collected under the act
as supplemental funding for authorized purposes; providing the expenditure will not be used
for the normal operating needs of the law enforcement agency. The funds can be used for
crime prevention, safe neighborhoods, drug abuse education, or drug prevention
programs or such other law enforcement purposes which include defraying costs of
protracted or complex investigations, providing additional equipment or expertise ... F.S.S.
§932.7055 (5) a.
The Palm Beach County Law Enforcement Exchange (LEX) is a data sharing initiative that
allows agencies to electronically search various agency records management system to
find key information on an activity (burglaries), a person (suspect or victim), property (stolen
items), or a vehicle.
Through the use of LEX an officer can see crime trends in adjacent communities and
county -wide; thereby, allowing the agency to determine if crime prevention education is
needed or a specific area needs extra patrol to deter possible crimes. LEX is a very powerful
search tool that can be used in any investigation to determine a suspect list, look for
property or persons, or simply narrowing the investigation.
LEX operates as a 501 (c)3 organization comprised of the Palm Beach County Chiefs of
Police and the Sheriff of Palm Beach County. I have attached a letter that briefly describes
LEX and how it qualifies for the expenditure of forfeiture funds.
Thank you for your continued support.
LEX 210 Military Trail
Jupiter, FL 33458
(561) 746 -6201
January 12, 2010
William McCollom, Chief of Police
Tequesta Police Department
357 Tequesta Drive
Tequesta, FL 33469
Dear Chief McCollom,
The Florida Contraband Forfeiture Act provides law enforcement agencies the means to deter and
prevent the continued use of contraband for criminal purposes as well as authorizing agencies to
use proceeds collected under this act as supplemental funding for authorized purposes.
In accordance with F.S.S. 932.7055 of the Florida Contraband Forfeiture Act, we are soliciting
municipal funding for crime prevention purposes to support a technology enabled law
enforcement data sharing system known as Palm Beach County Law Enforcement Exchange, Inc.
(LEX).
The LEX system is used for enhancing the safety, security and efficiency for law enforcement
personnel. For the first time officers can electronically search various agency records
management systems to find key information on an activity, a person, property or vehicles. This
is done with a single sign -on to both local data sources, and various state and federal systems
such as DHSMV, FCIC, NCIC, CCIS and the Department of Corrections. LEX will also serve as
an integral component for emergency response situations in Palm Beach County.
We are requesting appropriation of Florida Contraband Forfeiture Funds in accordance with FSS
932.7055 (5)( c). Palm Beach County LEX, Inc. certifies that funds provided will be used only
for the purposes of furthering law enforcement information sharing . activities, that include the
following activities in the 2010 fiscal year:
2010 Activities
Contract with ISS for Technical and Project Management resources necessary to add four
additional data sources to the LEX application. Pay software vendor for additional data source
licenses, vendor services and software maintenance.
Costs Estimated Recurring Costs
Staff resources $260,000 $260,000
Software maintenance $ 79,733 $ 79,733
Data source licenses $ 47,500
Vendor Services $ 80,000
$467,233 $339,733
An accounting of project expenditures can be provided. The LEX information sharing system
serves all Palm Beach County law enforcement agencies, and funds provided will not be used as a
source of revenue to meet the normal operating needs of any individual law enforcement agency.
Palm Beach County Law Enforcement eXchange, Inc.
210 Military Trail
LEX Jupiter, FL 33458
(561) 746 -6201
Chief McCollom
Page 2
I urge you to contact me personally at (561) 262 -3680 if you have any questions or need
additional information. Checks should be made payable to:
Palm Beach County Law Enforcement Exchange, Inc.
Attn: Anthony Strianese, Treasurer
Delray Police Department
300 W. Atlantic Avenue
Delray Beach, FL 33444
Your continued participation and support will benefit us all.
Sincerely,
Frank . Kitzerow, Chairman
LEX Board of Directors
Palm Beach County Law Enforcement eXchange, Inc.
Tequesta Police Department
Memorandum
McCollom, William
From: Ricciardi, Donald
Sent: Tuesday, January 12, 2010 2:47 PM
To: McCollom, William
Subject: FW: Scan from Xerox WorkCentre
Attachments: Scan001. PDF
Chief,
The resolution is complete but we need to comply with the request that Jody has made to
complete the process.
Rick
Original Message
From: Gload, Michelle
Sent: Tuesday, January 12, 2010 2:44 PM
To: Ricciardi, Donald
Subject: FW: Scan from Xerox WorkCentre
Rick,
I asked Jody about the account and she said that before we can determine the account number,
we will need a written certification from the Chief that the request complies with the
provisions of chapter 932, F.S. (attached -see section 5b on page two). Can we get a
certification letter along with a summary explanation of the purchase?
Thanks, Michelle
Original Message
From: xerox5030@tequesta.org (mailto:xerox5030@tequesta.org]
Sent: Tuesday, January 12, 2010 2:20 PM
To: Gload, Michelle
Subject: Scan from Xerox WorkCentre
Please open the attached document. It was sent to you using a Xerox WorkCentre.
Sent by: Guest [xerox5030@tequesta.org]
Number of Images: 4
Attachment File Type: PDF
WorkCentre Location: Finance Reception
Device Name: AD- XE5030 -01
1
Statutes 8& Constitution :View Statutes : Online Sunshine Page 1 of 4
Select Year 2009 .r Go
The 2009 Florida Statutes
Title XLVII Chapter 932 View Entire
CRIMINAL PROCEDURE AND PROVISIONS SUPPLEMENTAL TO CRIMINAL Chapter
CORRECTIONS 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) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on which the image is
recorded, including, but not limited to, a photograph, video tape, diskette, compact disc, or fixed disk made in
violation of s. 810.145 when the image and the medium on which it is recorded is no longer needed for an official
purpose. The agency may not sett or retain any image.
(3) 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
(b) Have the lien satisfied prior to taking any action authorized by subsection CI).
(4) The proceeds from the sate of forfeited property shalt 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.
1 (d) Notwithstanding any other provision of this subsection, and for the 20092010 fiscal year only, the funds in a
special law enforcement trust fund established by the governing body of a municipality may be expended to reimburse
the general fund of the municipality for moneys advanced from the general fund to the special law enforcement trust
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fund prior to October 1, 2001. This paragraph expires July 1, 2010.
(5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shalt 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 taw enforcement purposes. which include
defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing
automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal
grants. The proceeds and interest may not be used to meet normal operating expenses of the law entorcement agent,.
(b) 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 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 taw 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 taw 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 county commissioners 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). Nothing in this section precludes the expenditure or donation of forfeiture
proceeds in excess of the minimum amounts established herein.
(6) If the seizing agency is a state agency, all remaining proceeds shalt 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
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Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust Fund as provided in s. 943.362 Of
into the departments 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 Internal Improvement Trust Fund.
(c) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband
Forfeiture Act shalt 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 departments 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. 379.338, 379.339, and
379.3395 or into the Marine Resources Conservation Trust Fund as provided in s. 379.337.
(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 Attorneys 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 taw 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 potice 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 taw 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. 570.205, 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 shaft be deposited into the Armory Board Trust
Fund and used for purposes authorized by such federal provisions based on the departments budgetary authority or
into the departments Federal Law Enforcement Trust Fund as provided in s. 250.175, as applicable.
(k) The Department of Transportation, the proceeds accrued pursuant to the provisions of the Florida Contraband
Forfeiture Act shalt be deposited into the State Transportation Trust Fund to be used for purposes of drug interdiction
or into the department's Federal Law Enforcement Trust Fund as provided in s. 339.082, as applicable.
(t) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued pursuant to the
provisions of the Florida Contraband Forfeiture Act shaft be deposited into the Department of Legal Affairs Grants and
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•
Donations Trust Fund to be used for investigation and prosecution of Medicaid fraud, abuse, neglect, and other related
cases by the Medicaid Fraud Control Unit.
(m) The Division of State Fire Marshal in the Department of Financial Services, the proceeds accrued under the Florida
Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund to be used for the purposes of
arson suppression, arson investigation, and the funding of anti -arson rewards.
(n) The Division of Insurance Fraud of the Department of Financial Services, the proceeds accrued pursuant to the
provisions of the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund as
provided in s. 626,9893 or into the Department of Financial Services' Federal Law Enforcement Trust Fund as provided
in s. 17.43, as applicable.
(7) 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.
(8) Upon the sate 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 retain titled property after forfeiture, the appropriate state agency shall issue a title certificate for
such property to said law enforcement agency.
(9) Neither the law enforcement agency nor the entity having budgetary control over the taw enforcement agency
shalt 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. 96 -418; 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; s. 2, ch. 2000 -147; ss. 26, 79, ch. 2002 -402; s. 1923, ch. 2003 -261; s. 37, ch. 2003-
399; s. 3, ch. 2004 -39; s. 38, ch. 2004 -234; s. 16, ch. 2004 -344; s. 23, ch. 2005 -3; s. 19, ch. 2005 -71; s. 2, ch. 2005-
109; s. 5, ch. 2005 -117; s. 11, ch. 2006 -26; s. 20, ch. 2006 -176; s. 21, ch. 2006 -305; s. 7, ch. 2007 -14; s. 10, ch. 2007-
73; s. 10, ch. 2008 -153; s. 207, ch. 2008 -247; s. 7, ch. 2009 -82.
'Note. -- Section 7, ch. 2009 -82, amended paragraph (4)(d) "[in)n order to implement Specific Appropriations 1169 and
1175 of the 2009 -2010 General Appropriations Act."
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