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Item M BOARD OF COUNTY COMMISSIONEllS AGENDA I'fEM SUMMARY Meeting Date: 7120105 Division: Monroe County Sberifrs Office Bulk ItI:m: Yes XX No Department: Monroe Countr Shcri.frs Office Staff Con1Bct PcnIDD: vat Marinello .AGENDA. ITEM WORDING: Requmt fur cxpcnditure fiom Law Enforcement Trust Fund ITEM BACKGROUND: N/A PREVlOlTSULEV ANT BOCC ACDON: S_.r nqHIb bYe.... apJU'1lftd _ . mOlltldy buis CONTRACf/AGRDMENT CHANGES: STAn'RI'..COMMENDATIONS: Approval. TOTAL. COST:. BUDGETED: Yes No COST TO COUNTY: SOURa 01' mNDS: Law I'.tafaramcat Tnst hDd REVENtJEPRODUClNG: Yes_ No_ AMOUNTPEIlMONTH_ Veu_ APPROVED BY: CountyAtty._ o~_ RiskMBnagemcnt_ DIVISION DIRECTOR APPROVAL: /;::L ~ d. 4 Ricbard D. ~ Sheriff JKX:VMENTATION: Included XX Not Required_ DISPOSITION: AGENDA ITEM II Rev_ 2/05 Monroe County Sheriffs Office iJ(idiard 'D. ~tliJ Sheriff 5525 CofIege !!Wad ?(f.y West/!forUfa 33040 (305) 292-7000 :F5lX: (305) 292-7070 1-800-273-C01'5 www./(g.ysso.net S lie riff Communications: 2796 Overseas Hwy. Mamthon, 1'1. 33050 (305) 292-7075 FAX (305) 289-2493 Substations: Freeman Substation 20950 Over~eas Hwy. Cudjoe Key, I'l. 33042 (305) 745-3184 FAX (305) 745-3761 Mamthon Substation 3lO3 Overseas Hwy. Marathon, 1'1. 33050 (305) 289-2430 FAX (305) 289-2497 Islattlorada Sub~tation 87000 OversellS Hwy. l~lal1lorada, PI. 33036 (305) 853- 7021 FAX (305) 853-9372 Spollswood Substation 88770 Overse,l~ Hwy. Ta yemier, 1'1. 33070 (305) 853-3211 FAX (305) 853-3205 Detention Cenlers: Key West Det. Center 550 I College Road Key West, Fl. 33040 (305) 293-7300 FAX (305) 293-7353 Maruthon Dct. Facility 3981 Ocean Terrace MUruUUlII, FL 33050 (305) 289-2420 FAX (305) 289-2424 Plantat ion Det. Fllcili ty 53 High Point Road Plantntion Key, PI. 33070 (305) 853-3266 FAX (305) 853-3270 Special Opomt"ms P.O. Box 500975 Maratholl, Fl. 33050 (305) 289-2410 FAX (305) 289-2498 June 30, 2005 Mr. Tom Willi, County Administrator Gato Building 1100 Simonton Street Key West, Florida 33040 RE: Agenda Item - Request for Expenditures from Law Enforcement Trust Fund Dear Mr. Willi: I would like to request that the Commission authorize the following expenditures from the Law Enforcement Trust Fund: $ 250.00 FDLE - Florida Missing Children's Day ceremony. The ceremony honors police officers and civilians statewide who have assisted in missing child cases and raises statewide awareness to help prevent child abduction and sexual exploitation. $ 5,000.00 FCAC - To continue the operation of the FCAC for day to day operations, conferences and expenses of the Commission related to jail accreditation and improving the delivery of services to the citizens of Florida TOTAL: $ 5.250.08 I hereby certify that these expenditures are lawful pursuant to the Florida Contraband Act. There will be no recurring expenses in the existing budget. Please feel free to contact my General Counsel, Mark L. Willis, or me should you have any questions or concerns regarding this request. lJAtruJyYOd & ~~Oth Sheriff of Monroe COWlty RDR/vam , ..tt t , A - BOARD MEMBERS ZfJ04-1()(l5 DoaM..._ Cltliil'MlMl DoaR,<< I'I...-e....._ Cb...- ........ 1'If)rlJa~ M."'l<~ ,wOO../m Mr. 0..110 Crill of.ttomrJ (;olllTll SIIoIb'c.......... Vicdm.PIlfct1l: HatlNr CDI 1'1<11"1'1""" C.....,. Pol)- ,.,,,,,,lthIHl'tWlri R..... DIokloo.. DlJSMY li... LI...." D..... l~rlfh!", ,-;f&JwotJIJIHf _ _ P. E...... S""i""l. COSO Cbllflf ..... (,:d.Mr' y"", Ikuoh PI) L.., H.dl Dopor"""'" ol'C~II"'... 0llII fMilil;.; W""", H_IMo.II Go_', (!If.... BIll H_ &b1>d 5<';.., ~~h/I.. I.... BIlb'H._ LiKh'''''- Clril._:. N.,... JI.. M .......b ""'TIon_Low "-/"'- A~ IMrIC10r Ro_.......... MI...J Dad< rn 0..,. hrld.. n ~trlff" 11.1,'""_111 J..., "haY '1.10 /i(;(o/A'C elllldl.. Ry.. .lilftllly RJ"Of C;mtln' Dr. Juk!Udol'.I.D MW,1 UitiLltt';t~." -...,. A_II)' 5<110_1 Dq>or<_<lfJ.W.lJJ..lu.fII.. .....rt (B"""7) T....... IT. "'IW<r<JIh'.<{SdNI<>! fI_wal Of!Ic", o.n. !\t, Vial fl,,,kIa /)qKuJl.",'" ufLts.. E'Ifo=...m. on Mkllod V.._. C<Jft"" "'--- c.......... v.... .'ill.wA..mr:nc:;,..'s(JjJh' c....W_ lJn~_ CommIuloou J..1.. WI.. /)rp<Jrn'1fil' oj BdW<mw. \Ii\\ill~ ('hildn'll inforllLlfioll ( h.';Irill~hoil"l' \<1\ i\or\ Board . c/o FDLE - Post Office Box J 489 - Ta/lah(1.~{iee. Florida 32302 - TEL: 1-888-356-4774 - FAX: 850-410-8599 June 6, 2005 ..,) ,,1::;". ~ -J.' ~:.-t'". . ':;" A'\ ~ '<::-.~ -~ :.:.,\" -_ -...0 .,.,. . ..~ (t'\ r.JJ ';'. /L ~~,. "". As the herlff of Seminole County, I am going to contribute $500 from proceeds seized under the.rldiiJ.?~ Contraband Forfeiture Fund to support the annual Florida Missing Children's Day ceremony, to be -1'i""Q!41 ::...0 In Tallahassee on September 12, 2005. This ceremony honors police officers and civilians statewi.:ftr- <; who have assisted In missing child cases, and raises statewide awareness to help prevent child ~.~'; abduction and sexual exploitation. ~ . Will you join me today by contrib.uting.~.~ ..~~. . yOu o~ trust fund, and show your agency's support for this Important statewide, law em m '-Sponsored event? The Legislature created Florlcla Mlsslng Children's Day in 1999, and the annual statewide ceremony is organized by the FDLE Missing Children Infonnatlon Clearinghouse Advisory Boaro. I serve on the Advisory Board representing Florida Sheriffs. Honorable Richard D. Roth Sheriff, Monroe County 5525 College Road Key West, Florid 33,p.40-4307 oth: ~# Governor Jab Bush attends the ceremony. Law enforcement officers and civilians who under special circumstances have aided in missing child cases througl1out tl1e state are presented the following awards: Local Law Enforcement Officer of the Year State Law Enforcement Officer 01 the Year Federal law Enforcement Offlcer of the Year Law Enforcement Task ForcefTeam of the Vear law Enforcement Trailing Team of the Year School Bus Operator of the Year Citizen of the Year Evelyn Williams Award John Walsh Award Fourth Grade Essay Contest Award Florida's law enforcement community is joined by the families of missing children and by the families of children who did not survive their abduction. 400 elementary school children are invited. All those present bring greater awareness to crimes against children and help to prevent them in the future. Sl1erlff, In Ught aflast year's abduction and murder of CarHe Brucia and the recent abductions and murders of Jessica Lunsford and Sarah Lunde, I think a most fitting use of our law enforcement trust fund moneys Is support of Florida Missing Children's Day. Please participate in this year's event by retuming your agency's contribution and the accompanying fonn filled out, and by attending Florida Missing Children's Day 2005 on September 12 in Tanahassee. Thank you for your consideration of my request and your support. I hope to see you In Tallahassee On September DFElmnlpr ~~ J-,./S ~ft. ~~;" Enclosure 4pI;J J J ?OQj' FLORIDA CORRECTIONS ACCREDITATION COMMISSION, INC. ~.i " L f,'iW5!!\ e::'l!WHT!O:\~; Accreditatilll Commission 7642 Plathe Road New Port Richey, FL 34653 Phone: (727) 846-7 J 35 Fax: (727) 847-7961 .-- " ~-":~: ~;~ ~!~1r \ '; .(1 " \\ April 8,2005 Sheriff Rick Roth Monroe County Sheriffs Office 5525 College Road Key West, FL 33040-4307 Dear Sheriff Roth: As you may be aware, in January 1998, the Florida Corrections Accreditation Commission was created and three Sheriffs were appointed, one representative from the Florida Association of Counties, and seven corrections professionals. In March 1998, this new Commission became incorporated and held its first meeting. In May 2000, The Florida Corrections Accreditation Commission (FCAC) issued its first a.ccreditation certificates to eight county jail facilities after demonstrating compliance with 266 jail-related standards. The Commission and accreditation process was borne out of a need to improve and demonstrate professionalism in the county jail community, therefore improving the delivery of services to the citizens of Florida. This II-member Commission has continued to develop relevant and timely jail operations and management-related standards. As of this date, the Commission has conducted 34 initial and 17 re-accreditation assessments. There are 36 agencies currently in the process with the potential of 31 more. Since 1998, the FCAC has sustained itself solely by financial contributions from Sheriffs Offices Inmate Welfare Fund and the Florida Sheriffs Self-insurance Fund and small fees paid by agencies for accreditation. In 2000, the Chairman of the Commission asked for your assisrance through donations from your inmate welfare funds. and sheriffs collectively answered his call for assistance in a large way, donating approximately $80,000 for the continued . operations of the Commission. We are again asking for your assistance to continue the operation ofthis very important Commission. The money's are used for the day to day operations, conferences and expenses of the Commission. We are also asking the FDLE to provide the same administrative support it is currently providing for the Commission for Florida Law Enforcement Accreditation (CF A). Commissioner Turmell has requested funds from the legislature to provide personnel to support our program and we will know by the end of April as to whether the legislature will grant that request. However, we need your asslstance today to sust n the day to day operations of the Commission and we are asking again for you to donate at Ie t $5000 fro your Inmate Welfare Fund, or from Forfeiture Funds to help continue this crit al Commis on. Attached is the legal opinion from Bill Powers finding that it is within your Ie I autho . y to utilize imnate welfare money and forfeiture funds for this purpose. I thank you for your consideration of this matter and please call me with any questions or concerns you may have. /' '/ . .-;? . ~ ~25~ Kim S. Bogart Executive Director POWERS, QUASCHNICK, TISCHLER, EVANS & DIETZEN ATTORNEYS AT LAW* 1669 Mahan Center Boulevard, 32308 Post Office Box 12186,32317 TaUahassee, Florida 4..o,p 1.9 . ~()t.?$' WILLIAM E. POWERS, JR. .., P.A. Board Certified Labor and Employment Lawyer Fellow College of Labor and Employment Lawyers PHILLIP P. QUASCHNICK, P.A. KEITH C. TISCHLER, P.A. R.W. EVANS, P.A. LEONARD J DJElZEN, flI LINDA G. BOND JOSEPH C. D'ANNUNZIO Representing Management in Labor, Employment Governmental and Civil Rights Litigation Telephone (850) 942-5522 Facsimile (850) 942-5524 pow-Iaw@email.msn.com .Not A Partnership ..Admilled in Ohio July 27,2001 Mr. J. M. "Buddy" Phillips, Executive Director Florida Sheriffs Association 2617 Mahan Drive Tallahassee, Florida 32380 Re: Contributions by Sheriffs to Florida Corrections Accreditation Commission Dear Mr. Phillips: At the recent Florida Sheriffs Association conference, a request was made seeking a legal opinion as to whether Florida Sheriffs may contribute, on a one time basis, funds necessary for the continued operation of the Florida Corrections Accreditation Commission, until operating funds are appropriated by the Florida Legislature. Three potential sources of funds were mentioned during the conference, (a) funds paid by inmates for their subsistence, (b) forfeiture funds, and (c) inmate welfare funds. I will address each of these below. Before doing so, please keep in mind that there are nc court cases interpreting the relevant statute~ a.'1d only a ha11dful of Attorney General opinions which are not directly on point. 1. Inmates' Subsistence Funds Section 951.033(2), Florida Statutes, provides in pertinent part, "The local detention facility shall determine the financial status of prisoners for the purpose of paying from their income and assets all or a fair portion of their daily subsistence costs." Subsection 3 further states, "The chief correctional officer of a local subdivision may direct the prisoner to pay fur all or a fair portion of daily subsistence costs." These statutory provisions are self evident. Funds may be col1ected from inmates only to reimburse a correctional facility for the cost of inmate subsistence, such as meals, etc. The statute cannot be construed to allow for collecting funds from inmates in order to make a contribution to the Florida Corrections Accreditation Commission. MI. J. M. "Buddy" Philiips, Executive Director F1trida Sheriffs Association Jul)' 27,2001 P 3Je 2 2. Forfeiture Funds The relevant provisions of Florida Statutes concerning use of forfeiture funds are set forth in ~ection 932.7055, Florida Statutes. Subsection 4(a) provides: If the seizing agency is a county or municipal agency, 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. 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 purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. Subsection 4(b) provides: 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. With regard to the whether another agency or organization other than the sheriff or police department may receive forfeiture funds, subsection 4(c) provides: 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 monies 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 monies and shall furnish the same report as an agency for 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 law Mr. J. M. "Buddy" Phillips, Executive Director Florida Sheriffs Association July 27,2001 Page 3 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. Subsections 4(a) and (b) have been construed by the Attorney General as giving the county commission sole discretion to determine whether forfeiture funds are expended appropriately under the statute after receiving a request from the sheriff in which he certifies that the request complies with the statute. AGO 96-62; AGO 83-30. The county commission is to give due deference to a sheriffs request. AGO 96-62. In ruling that forfeiture funds could be used to create a police athletic league, the Attorney General considered several factors, among them that the request for funds would not be reoccurring, that it was of limited duration, that it was outside of normal operating needs, and that the govenunental authority determined that it fulfilled an appropriate law enforcement function. AGO 91-84. The Attorney General h as a Iso stated t hat funds may b e u sed for" other extraordinary programs and purposes beyond what is usual, normal, regular or established." AGO 93-6. For example, the Attorney General has concluded that forfeiture funds may be used, (1) to reimburse sheriffs office employees for tuition to develop expertise in specific areas related to their job duties, (2) to hold a weekly teen dance to prevent crime and drug abuse, (3) to pay expenses of a law enforcement officer assigned to a multi-jurisdictional task force, and (4) to pay salaries of a special task force to prevent crime directed at tourists. AGO 93-18, 98-32, 93-6, 98-22, 92-76. The Attorney General has concluded that forfeiture funds may not be used to pay for, (1) the regular salaries of law enforcement officers assigned to narcotics, (2) a stable for law enforcement horses, and (3) upgrading communications equipment. AGO 97-31, 97-46, 95-29. Consequently, merely considering only Subsection 4(a) and (b) of Section 932.7055, would lead to the conclusion that if it would be lawful for a sheriff to certify to a county commission that a one time contribution to the Florida Corrections Accreditation Commission was for a law enforcement purpose. The county commission could, in its discretion, appropriate the funds to the sheriff for such contribution. However, if Subsection 4(c) is applicable to the Commission and the Commission is considered a "law enforcement agency," then the forfeiture funds cannot be used for normal operating expenses of the Commission. Unfortunately, there are no cases or. Attorney General opinions construing this provision. The final authority as to whether the funds may be appropriated to the Accreditation Commission is the county commission. As noted by the Attorney General, the statute does not provide a sanction for inappropriate use of forfeiture funds. AGO 93-6. Mr. J. M. "Buddy" Phillips, Executive Director Florida Sheriffs Association July 27,2001 Page 4 3. Inmate Welfare Funds Section 951.23(9), Florida Statutes, is entitled · 'Inmate, Commissary and Welfare Fund." Subsection (d) provides: Profits from the commissary shall be used for overall inmate welfare, and an inmate welfare fund committee shall recommend what expenditures are to be made. Activities of the committee shall be reviewed by the officer in charge who shall have final authority on expenditures. It is recommended that the jail chaplain be a member of the committee. . The statute requires that inmate commissary profits be spent on "overall inmate welfare" as detennined by the welfare fund committee. It is arguable that inspections by the Commission to determine that a con-ectional facility meets standards benefits overall hm1ate welfare. Thus, should the committee recommend use of profits for a contribution to the Commission and the officer in charge (the sheriff) approves the recommendation, commissary profits may be contributed to the Commission. I trust this letter has proved beneficial with regard to sources of revenue that sheriffs may contribute to the Accreditation Commission. If you have any comments or questions, please do not hesitate to contact Bill or myself. Sincerely, WEPrPPQ/(\ib ry(;LL/ ~ William E. Powers, Jr.