Item O5
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, May 17,
2000, at 3:00 PM at the Key Largo Library, Tradewinds Shopping Center, Key Largo, Monroe
County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to
,consider the adoption of the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, CREATING THE MONROE COUNTY SHARED ASSET
FORFEITURE ADVISORY BOARD (BOARD); PROVIDING FOR A PROCEDURE AND
CRITERIA FOR THE ADVISORY BOARD TO EVALUATE REQUESTS FOR ITEMS AND
PROJECTS TO BE PAID OUT OF THE SHARED ASSET FORFEITURE FUND (SAFF);
PROVIDING THAT THE BOARD SHALL MAKE RECOMMENDATIONS TO THE
COUNTY COMMISSION ON WHICH ITEMS AND PROJECTS SHOULD BE FUNDED
OUT OF SAFF; PROVIDING THAT THE COUNTY COMMISSION SHALL REVIEW AND
APPROVE OR DISAPPROVE THE BOARD'S RECOMMENDATIONS AND FORWARD
THE APPROVED RECOMMENDATIONS TO THE SHERIFF WHO SHALL IMPLEMENT
THE SAME UNLESS HE DETERMINES THAT THE ITEM OR PROJECT
RECOMMENDED WOULD VIOLATE THE LAW OF THE UNITED STATES OR THE
REGULATIONS OF ITS AGENCIES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to
appeal any decision made by the Board with respect to any matter considered at such
hearings or meetings, he will need a record of the proceedings, and that, for such purpose,
he may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for review at the various public
libraries in Monroe County, Florida.
Dated at Key West, Florida, this 24th day of April, 2000
DANNY L. KOLHA'GE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Requested publication dates
Reporter
Citizen.
Keynoter
4/27-5/4/00
4/28-5/5/00
4/29-5/6/00
l..D5
Board of County Commissioners
ORDINANCE NO - 2000
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, CREATING THE MONROE COUNTY SHARED ASSET
FORFEITURE ADVISORY BOARD (BOARD); PROVIDING FOR A PROCEDURE
AND CRITERIA FOR THE ADVISORY BOARD TO EVALUATE REQUESTS FOR
ITEMS AND PROJECTS TO BE PAID OUT OF THE SHARED ASSET
FORFEITURE FUND (SAFF)j PROVIDING THAT THE BOARD SHALL MAKE
RECOMMENDATIONS TO THE COUNTY COMMISSION ON WHICH ITEMS
AND PROJECTS SHOULD BE FUNDED OUT OF SAFFj PROVIDING THAT THE
COUNTY COMMISSION SHALL REVIEW AND APPROVE OR DISAPPROVE
THE BOARD'S RECOMMENDATIONS AND FORWARD THE APPROVED
RECOMMENDATIONS TO THE SHERIFF WHO SHALL IMPLEMENT THE SAME
UNLESS HE DETERMINES THAT THE ITEM OR PROJECT RECOMMENDED
WOULD VIOLATE THE LAW OF THE UNITED STATES OR THE REGULATIONS
OF ITS AGENCIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL -OF ALL ORDINANCES INCONSISTENT HEREWITHj PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES: AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1.a) There is hereby established the Monroe County Shared Asset Forfeiture Fund
Advisory Board (Board) for the purpose of conducting publiC hearings and making
recommendations to the Board of County Commissioners regarding the expenditure of funds in
the Sheriff's shared asset forfeiture fund (SAFF) account.
b) The Board consists of seven members: one appointed by each county
commissioner and two appointed by the Sheriff. The Sheriff's general counsel is the counsel to
the Board. The Sheriff shall furnish a secretary to Board to keep the minutes and records of the
Board. The Sheriff is the custodian of the Board's records. The Board must annually elect a
chairman and vice chairman. The Board may adopt such rules of procedure as it deems
...
necessary and may amend such rules from time to time. The Board members are not entitled to
any compensation for their service on the Board but are entitled to reimbursement for expenses
pursuanfto Sec. 112.061, FS.
Section 2.
The Sheriff must keep the SAFF in a separate account within the Sheriff's
budget.. Funds not needed for immediate use must be invested In the same manner as other
surplus funds of the Sheriff. The Sheriff must have the account audited as provided by general
law and must prepare and furnish all reports required by the applicable laws of the United States
and the regulations of its agencies.
Section 3.a) It is the intent of the County Commissioners and the Sheriff that only the
net annual dividend and interest income received from the principal deposited in the SAFF
, account be expended. Therefore, as soon as possible after January 1 of each year, the Sheriff
shall provide an estimate to the Board of the dividend and interest expected to be available in the
upcoming fiscal year, minus a reasonable fee deducted by the Sheriff for his expenses in
administering the provisions of this ordinance.
b) The Board chairman, in consultation with the Sheriff's general counsel and
secretary to the .Board, shall call for the public hearings the Chairman deems necessary to provide
for an opportunity for suggestions from members of the public and interested service providers as
to how the available SAFF funds should be spent in upcoming fiscal year. The secretary shall
prepare the agenda for each meeting. Notices of the meting(s) must be published at least one
week in advance of the meeting date in a newspaper qualified under Sec. 50.011, FS, in the form
required by Sec. 286.0105, FS. The secretary to the Board is responsible for publishing the
notices. Meetings may be continued by a majority vote of the Board without a published renotice
but only if continued to a time and place certain.
c) 0 At the public hearings the Board shall entertain proposals on the use of the
(i)
SAFF funds expected to be available. The Board may only entertain proposals that relate to law
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enforcement, crime prevention, drug and alcohol abuse prevention and treatment, the mental and
4a,!u...tt!;
physical health of minors{and cultural, artistic, educational, recreational and sports programs for
Monroe County YOuth~~er the presentation of the proposals for the use of the SAFF funds, and
...
after the conclusion of public input, the Board shall, by majority vote, recommend to the Board of
County Commissioners funding for the proposal(s) that the Board determines best serve the
public interest and welfare. The recommendation(s) must also include a recommended funding
level. Except as provided below, the aggregate funding level may not exceed the Sheriff's
estimat,e of the SAFF net interest and dividend income expected to be available in the upcoming
fiscal year. The Board may not recommend a spending level in excess of the Sheriff's estimate (a
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level which will result in an expenditure of principal) without five or more Board members first
voting in favor of such a spending level. The Board may not favorably recommend a proposal
that Sheriff's general counsel determines is contrary to the laws or regulations of the United
States. The Board must complete their recommendations by May 31 of each year. The Board
,secretary shall then forward them to the County Administrator.
d) The County Administrator shall agenda the recommendations for
consideration at a public hearing by the Board of County Commissioners. The County
Commissioners may approve or disapprove each recommendation as the County Commissioners
determine best serves the public interest and welfare. Except, however, the Board of County
Commissioners may not approve recommendations that, in the aggregate, exceed the Sheriff's
estimate of the available interest and dividend income without four County Commissioners first
voting in favor of a SAFF spending level in excess of the Sheriff's estimate.
e) The County Administrator shall forward the County Commissioners'
determination on the annual SAFF expenditure to the Sheriff. The Sheriff may not refuse to
expend SAFF revenue on those items or projects approved by the County Commissioners unless
he determines that an item or project would be in violation of the laws of the United States or the
rules and regulations of any agency of the United States.
f) For those items or projects approved by the County Commission that require
agreements with third party vendors such agreements must be entered into between the vendors
and the Sheriff. The Sheriff shall negotiate such agreements containing such terms as the Sheriff
determines necessary to ensure that the funds are properly spent on the items or projects
approved by the County Commission and spent in accordance with the laws and regulations of the
...
United States. If the Sheriff and the third party vendor cannot reach agreement on the terms of
a contract, then the Sheriff shall report that failure to the County Commission. The County
Commission may then select an item or project of equivalent or lesser cost that was
recommended by the Board but was initially rejected by the County Commission or may vote to
provide, additional funding for an item or project already approved for the fiscal year.
Alternatively, the County Commission may decline to fund another item or project and roll over
3
the funds thereby saved into the SAFF funds available for expenditure in the next fiscal year. If
an item or project costing a lesser amount is selected, then any funds thereby saved may be
expended by the County Commission on items or projects already approved for the fiscal year or
the funds saved may be rolled over into the SAFF funds available for expenditure in the next fiscal
, year. The Sheriff is also responsible for monitoring and auditing the third party vendor
agreements so that items or projects approved by the County Commission are purchased or
performed as the County Commission approved and that the laws and regulations of the United
States are observed.
Section 4.
If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the.remainder of this ordinance shall not be affected by such invalidity.
Section S.
All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 6.
The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform numbering system of the Code.
Section 7.
This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed
with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the
day of
, 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
"
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
jdordshe~ffsaff
Mayor/Chairperson
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