§ 2-845. Procedure for the disposition of liens and forfeited property.

(a)

Disposition of liens and forfeited property.

(1)

When the city obtains a final judgment granting forfeiture of real property or personal property, if the estimated value of the property is $5,000.00 or less, the city manager shall have the authority to:

a.

Retain the property for the city's use;

b.

Sell the property at public auction or by sealed bid to the highest bidder, except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or

c.

Salvage, trade, or transfer the property to any public or nonprofit organization.

If the estimated value of the property is more than $5,000.00, the city council shall determine the disposition of the property.

(2)

Notwithstanding subsection (1), all images and the mediums on which images are recorded, including, but not limited to, a photograph, video tape, diskette, compact disc, or fixed disk made in violation of F.S. § 810.145, shall be destroyed by the police department, when the image and the medium on which it is recorded is no longer needed for an official purpose. The city may not sell or retain any image.

(3)

If the forfeited property is subject to a lien preserved by the court as provided in F.S. § 932.703(6)(b), the city manager, or his designee shall:

a.

Sell the property with the proceeds being used towards satisfaction of any liens; or

b.

Have the lien satisfied prior to taking any action authorized by subsection (1).

(4)

The proceeds from the sale of forfeited property shall be disbursed in the following priority:

a.

Payment of the balance due on any lien preserved by the court in the forfeiture proceedings.

b.

Payment of the cost incurred by the City of Miami Gardens Police Department in connection with the storage, maintenance, security, and forfeiture of such property.

c.

Payment of court costs incurred in the forfeiture proceeding.

(b)

Establishment of law enforcement trust fund. A separate fund to be entitled the "Law Enforcement Trust Fund" is hereby established. Such fund shall be administered through the city's finance department.

(c)

Permitted use of funds. Such proceeds and interest earned therefrom shall be used for school resource officer(s), 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, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the police department.

(d)

Procedure to expend funds.

(1)

These funds may be expended upon the request of the chief of police, through the city manager, to the city council, accompanied by a written certification that the request complies with the provisions of this subsection, and only upon appropriation to the police department by the city council.

(2)

An agency or organization, other than the police department, that wishes to receive such funds shall apply to the chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. The chief of police, through the city manager, shall determine whether such requests should be provided to the city council for further consideration. 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 moneys and shall furnish the same reports as an agency of the city that receives public funds. Such funds may be expended in accordance with the following procedures:

a.

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 enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate.

b.

Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency.

(3)

Any request for expenditures shall be placed on the next available agenda for the city council for consideration. The city council shall grant or deny the request based upon the criteria of this division and F.S. § 932.7055.

(e)

Donation of funds.

(1)

If the police department acquires at least $15,000.00 pursuant to the Florida Contraband Forfeiture Act within a fiscal year, the department must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s).

(2)

Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe neighborhood, or school resource officer minimum expenditures or donations, the city council may agree to expend or donate such funds over a period of years if the expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the city for such program(s). Nothing in this section precludes the expenditure or donation of forfeiture proceeds in excess of the minimum amounts established herein.

(3)

The city council has the discretion to determine which program(s) will receive the designated proceeds, in accordance with the procedure outlined in subsection (d)(1).

(Ord. No. 2008-18-154, § 2, 4-9-2008)