Broward County Commission Regular Meeting
Director's Name: Joseph Morris
Department: Port Everglades Division: Director’s Office
Information
Requested Action
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MOTION TO ADOPT budget Resolution transferring funds from reserve within the Port Operating Fund in the amount of $315,735 for the purpose of providing matching funds to the Broward Sheriff’s Office for the Fiscal Year 24 U.S. Department of Homeland Security Port Security Grant Program.
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Why Action is Necessary
Florida Statutes 932.7055 requires that proceeds from the disposition of liens and forfeited property obtained from criminal procedure be deposited in a special law enforcement trust fund (“LETF”) to be used for law enforcement purposes. Recommendation of the Sheriff of Broward County (“BSO”) and Board approval is necessary to appropriate LETF funds. Board action is required to transfer funds from Port Everglades to BSO to provide the 25% local share to use Fiscal Year 2024 U.S. Department of Homeland Security, Port Security Grant Program funds for the purchase of a replacement harbor patrol boat by BSO.
What Action Accomplishes
Appropriates and transfers funds within the Port Everglades Operating Fund for the 25% match of the Fiscal Year 2024 U.S. Department of Homeland Security, Port Security Grant Program award to BSO to provide matching funds to BSO to purchase port security-related equipment.
Goal Related Icon(s)
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Previous Action Taken
None
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
Article 13 of the Interlocal Agreement between Broward County and Sheriff of Broward County (“BSO”) Providing for Seaport Security and Law Enforcement Services at Port Everglades (“Interlocal Agreement”), approved by the Broward County Board of County Commissioners (“Board”) on April 5, 2022 (Item No. 41), and expiring September 30, 2027, provides that the County could receive a share of any currency or property seized and subsequently forfeited to BSO based on seizures within Port Everglades or in other locations where BSO personnel assigned to Port Everglades actively participated in the investigation and/or seizure of the property. In 2009, the Port Everglades Port Director authorized BSO to have a deputy assigned to Port Everglades to participate part time on a regional multi-agency Money Laundering Task Force that investigated money laundering and other related crimes. As a result of that participation, Port Everglades became eligible to receive a share of any funds made available to Task Force participants. On January 11, 2011 (Item No. 2), the Board approved an Equitable Sharing Agreement and Certification between Broward County, Broward Sheriff's Office, U.S. Department of Justice, and U.S. Department of Treasury that provided for Port Everglades participation in the Equitable Sharing Program to allow for distribution and retention of local law enforcement trust fund (“LETF”) funds by the Port. Since the assignment of Port Everglades-based BSO personnel to such activities, Port Everglades has received local LETF distributions totaling $1,620,823, and $710,075 in funds have been expended for the purchases of security equipment to enhance law enforcement capabilities at Port Everglades (See Exhibit 2).
While the funds are provided to the Port, their use is limited to supporting or enhancing port security capabilities within the confines of the Port. The Interlocal Agreement also provides that the BSO District Captain can apply for the use of such funds if the application follows Florida Statutes, and the Port Director concurs. The BSO District Captain for Port Everglades has requested approval to use a portion of the funds available to provide equipment to enhance BSO's port security capabilities (see Exhibit 1). The funds will be used to cover the 25% local match required for BSO to accept and spend a Fiscal Year 2024 U.S. Department of Homeland Security Port Security grant awarded to BSO by the Federal Emergency Management Agency (“FEMA”) to purchase a harbor patrol boat to be located at Port Everglades to patrol and enforce waterside security zones. This boat will replace an existing boat already at the port, and will provide enhanced operating efficiencies, reduced emissions, and improved performance compared to the older boat being replaced.
The Port Everglades Chief Executive/Port Director has reviewed the request and concurs that the equipment requested will enhance the capability of BSO to provide seaport security and law enforcement services at Port Everglades. Staff recommends the funds be transferred from Port Everglades to BSO when needed to facilitate the procurement of this specialized equipment. As provided for in Article 9 of the Interlocal Agreement, equipment purchased by BSO using grant funds with County funds being used for the match will become the property of the County upon termination of the Interlocal Agreement.
Source of Additional Information
Glenn A. Wiltshire, Deputy Director, Port Everglades Department, (954) 468-3504
Fiscal Impact
Fiscal Impact/Cost Summary
Funds are available within the Port Everglades Operating Fund Law Enforcement Trust dollars for this action. The Port LETF Local Funds balance is currently $910,748. This action will utilize $315,735 in unrestricted funds.