HomeMy WebLinkAboutR-19-12 Authorization to Utilize Law Enforcement Trust FundRESOLUTION NO. R-19-12
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PROVIDING AUTHORIZATION
FOR THE CHIEF OF POLICE TO EXPEND LAW
ENFORCEMENT TRUST FUND MONEY FOR COURT -
RELATED EXPENSES IN FUTURE SEIZURES UNDER THE
FLORIDA CONTRABAND FORFEITURE ACT; PROVIDING
FOR A PROCEDURE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
SCRIVENER'S ERRORS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in the event the Police Department intends to seize property,
including currency, a legal action must be instituted within ten (10) business days
pursuant to the Florida Contraband Forfeiture Act, Section 932.701, et seq., Florida
Statute ("the Act"), and Administrative Order 2016-04 of the Nineteenth Judicial
Circuit Court; and
WHEREAS, the filing of a forfeiture proceeding requires the payment of a
filing fee with the Ctlerk of Court, as well as the deposit of a cash bond, at the time that
the initial pleading is filed; and
WHEREAS, the Act provides that forfeiture money shall be placed in a Law
Enforcement Trust Fund (which the City maintains), and that the funds may be
expended upon the approval of the governing body of the municipality, upon written
certification by the Chief of Police that the expenditure is for one of the statutorily
authorized purposes; and
WHEREAS, one of the statutorily authorized purposes for expenditure of
forfeiture funds, pursuant to Section 932.7055(4)(c) & (5)(a), Florida Statute, is to
utilize the money in criminal investigations and to pay the necessary filing fees and
court costs associated with asset forfeiture; and
WHEREAS, upon passage of this Resolution, the Police Chief is authorized to
take the necessary administrative measures required to ensure that the fees associated
with filing law enforcement forfeiture proceedings in circuit court, filing fees, bond
and attorney fees are paid from the law enforcement trust fund at their discretion. A
written certification letter from the Police Chief will be maintained in the forfeiture
file to authorize the use of these funds.
NOW, THEREFORE, be it resolved by the City Council of the City of
Sebastian, Indian River County, Florida, that:
SECTION 1: LAW ENFORCEMENT TRUST FUND. The Chief of Police is
hereby authorized, pursuant to Section 932.7055(5)(b), Florida Statutes, to utilize
monies from the Law Enforcement Trust Fund to pay the filing fees, service fees, cash
bond, or other court -related expenditures, related to future seizures made pursuant to
the Florida Contraband Forfeiture Act, upon a written certification being placed within
the investigative file, with a copy delivered to the City Clerk.
SECTION 2. CONFLICTS. All Resolutions or parts of Resolutions in conflict
herewith are repealed.
SECTION 3. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the City Council would
have enacted the remainder of this Resolution without said invalid or unconstitutional
provision, thereby causing said remainder to remain in full force and effect.
SECTION 4. SCRIVENER'S ERRORS. Sections of this resolution may be
renumbered or re -lettered and corrections of typographical errors which do not affect
the intent may be authorized by the City Manager, or the City Manager's designee,
without need of further action of the City Council by filing a corrected copy of same
with the City Clerk.
SECTION 5. EFFECTIVE DATE. This Resolution shall take effect upon its
adoption.
The foregoing Resolution was passed for adoption by Council Member
MCPartlan was seconded by Council Member trill and upon
being put to a vote, the vote was as follows:
Mayor Jim Hill aye
Vice Mayor Linda Kinchen aye
Council Member Ed Dodd aye
Council Member Albert Iovino ave
Council Member Bob McPartlan ave
The Mayor thereupon declared this Resolution duly passed and adopted this
24th day of April 2019.
CITY OF SEBA , FLORIDA
By:
Jim Hi a or
ATTEST: qq/(/
W/X.f'-i,Fl�M4 Approved as to Form and Content for
anette Williams, MMC Reliance b. the City of Sebastian Only:
City Clerk
1/7
Jame takes, City Attorney