Broward County Commission Regular Meeting
Director's Name: Norman Foster
Department: Office of Management and Budget
Information
Requested Action
title
MOTION TO ADOPT budget Resolution retroactively transferring funds within the Law Enforcement Trust Fund (LETF) for the Broward Sheriff’s Office in the amount of $45,239 for the payment of attorney’s fees and costs pursuant to a court order and settlement agreement.
body
Why Action is Necessary
Florida Statutes 932.7055(5)(a) requires that proceeds from the disposition of liens and forfeited property obtained from criminal procedure and corrections be deposited in a special law enforcement trust fund to be used for law enforcement purposes. Recommendation of the Sheriff and Board approval are required to appropriate LETF funds.
Additionally, Florida Statues 932.704(10) regarding forfeiture proceedings states that “the court shall award reasonable attorney’s fees and costs, up to a limit of $2,000, to the claimant at the close of the adversarial preliminary hearing if the court makes a finding of no probable cause. When the claimant prevails, at the close of forfeiture proceedings and any appeal, the court shall award reasonable trial attorney’s fees and costs to the claimant if the court finds that the seizing agency has not proceeded at any stage of the proceedings in good faith or that the seizing agency’s action which precipitated the forfeiture proceedings was a gross abuse of the agency’s discretion. The court may order the seizing agency to pay the awarded attorney’s fees and costs from the appropriate contraband forfeiture trust fund”.
What Action Accomplishes
Provides retroactive LETF funding in the amount of $45,239 for the payment of attorney’s fees and costs pursuant to a court order and settlement agreement.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None
Summary Explanation/Background
Funds are retroactively requested to be transferred within the Law Enforcement Trust Fund for the Broward Sheriff’s Office to pay attorney’s fees pursuant to a court order and settlement agreement. Florida Statues, 937.704 relating to forfeiture proceedings states that when the claimant prevails in contesting the seizure, the court shall award reasonable attorney’s fees and costs to the claimant. In this case, the court ordered that the attorney’s fees and costs be paid from the contraband forfeiture fund.
Source of Additional Information
Norman Foster, Director, Office of Management and Budget, (954) 357-6346
Colonel Oscar Llerena, BSO Department of Administration, (954) 831-8180
Fiscal Impact
Fiscal Impact/Cost Summary
Funds are available within the Law Enforcement Trust Fund for these actions. According to BSO, the current balance of the LETF, as of July 30, 2024, is $6,444,800 in the local account ($4,658,981 of which is unrestricted) and $14,536,318 in the federal account ($8,028,327 of which is unrestricted). This action will utilize a total of $45,239 of the Local LETF, all of which will be from unrestricted funds.