Broward County Commission Regular Meeting
Director's Name: Jennifer Steelman
Department: Office of Management and Budget
Information
Requested Action
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MOTION TO ADOPT budget Resolution transferring funds within the Law Enforcement Trust Fund (LETF) for the Broward Sheriff's Office in the amount of $21,500 for the payment of attorney's fees and costs pursuant to a court order and settlement agreement.
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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 Statutes 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 LETF funding in the amount of $21,500 for the payment of attorney's fees and costs pursuant to a court order and settlement agreement.
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Previous Action Taken
None
Summary Explanation/Background
Funds are requested to be transferred within the Law Enforcement Trust Fund...
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