Can a Florida sheriff use contraband forfeiture funds to pay for a private-security crime-prevention pilot program?

Subject

Contraband Forfeiture Trust Fund -- Pilot Program

Plain-English summary

The Sheriff of Orange County asked the AG whether his office could use Florida Contraband Forfeiture Trust Fund money for a pilot program. The plan was to identify certain high-crime, low-income neighborhoods and create a task force of private security personnel to run targeted patrols there on a trial basis, with the sheriff's Crime Analysis Unit measuring whether crime and the fear of crime went down. The sheriff was clear that this private security work would be on top of, not a replacement for, his regular allocation of sworn deputies, and would not be used for normal day-to-day calls for service.

The AG said yes. The Florida Contraband Forfeiture Act, sections 932.701 through 932.706, lets agencies seize and forfeit contraband and the property used to move it, and for counties the net proceeds go into a special law enforcement trust fund controlled by the board of county commissioners. Those funds can be spent only at the sheriff's request, with a written certification of compliance, and only after the commission appropriates them. The statute lists the allowed uses: school resource officers, crime prevention, safe neighborhoods, drug abuse education and prevention, and other law enforcement purposes, including providing additional equipment or expertise. It also forbids using the money to meet the agency's normal operating expenses.

The dividing line in the AG's prior opinions is "normal" versus "supplemental." In Opinion 93-18, forfeiture funds could pay overtime for officers on a new anti-crime task force, because a task force approach went beyond the regular, established way of doing the work. In Opinion 95-29, the funds could not pay tenured officers in regularly budgeted positions doing their ordinary jobs. Because the Orange County pilot was time-limited, aimed at crime prevention in targeted neighborhoods, and supplemental to (not a substitute for) sworn patrols, the AG concluded it fit the expressly authorized "crime prevention" and "safe neighborhood" purposes and was not a way of funding normal operations.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Can a sheriff spend forfeiture money on private security patrols?
Under this opinion, yes, for a time-limited pilot aimed at crime prevention in high-crime neighborhoods, because the Act expressly authorizes crime-prevention and safe-neighborhood spending and the program supplemented regular patrols.

What can contraband forfeiture trust funds be used for?
The Act lists school resource officers, crime prevention, safe neighborhoods, drug abuse education and prevention, and other law enforcement purposes such as additional equipment or expertise, matching funds for federal grants, and defibrillators for patrol vehicles.

What's the main thing these funds can't pay for?
Normal operating expenses of the law enforcement agency. The money cannot be a revenue source to meet the agency's ordinary, regularly budgeted needs.

Why did supplementing regular patrols matter?
Because the prohibition targets funding "normal" operations. The AG's prior opinions allow forfeiture spending on new, supplemental task-force efforts but not on tenured officers doing their regular jobs. The sheriff confirmed the pilot would not supplant his sworn-personnel allocation.

How does the sheriff actually access the money?
The funds can be spent only on the sheriff's request to the board of county commissioners, with a written certification of compliance with section 932.7055(5), and only after the board appropriates them to the sheriff's office.

Background and statutory framework

The Florida Contraband Forfeiture Act (sections 932.701-932.706) authorizes seizure and forfeiture of contraband and the vehicles, vessels, aircraft, and other property used to transport or conceal it, with detailed procedures in sections 932.703 and 932.704. Under section 932.7055, proceeds from forfeited property, after liens and forfeiture-related costs, go for counties into a special law enforcement trust fund established by the county commission, spendable only on the sheriff's certified request and the commission's appropriation.

Section 932.7055 also lists the permitted purposes (crime prevention, safe neighborhoods, school resource officers, drug abuse education and prevention, and other law enforcement purposes) and bars use of the funds for the agency's normal operating expenses. Section 932.7055(5)(a) specifically prohibits using the fund as a revenue source to meet normal operating needs. The AG read those provisions together with its earlier opinions (93-18 and 95-29) to draw the supplemental-versus-normal line that decided the question in the sheriff's favor.

Citations

• sections 932.701-932.706, Florida Statutes
• section 932.7055(5), Florida Statutes
• Section 932.7055(5)(a), Florida Statutes
• Section 932.702, Fla. Stat.
• Sections 932.703 and 932.704, Fla. Stat.
• Section 932.7055, Fla. Stat.

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/contraband-forfeiture-trust-fund-pilot-program
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/1554

Original opinion text

The Honorable Jerry L. Demings

Sheriff of Orange County

Post Office Box 1440

Orlando, Florida 32802-1440

Dear Sheriff Demings:

You have asked for my opinion on substantially the following question:

Is the Orange County Sheriff's Office authorized to use Florida Contraband Forfeiture Trust Fund monies to support a pilot program designed to reduce crime and the fear of crime in high crime neighborhoods by creating a task force comprised of private security personnel?

In sum:

Special law enforcement trust funds, which have been requested by and appropriated to the Orange County Sheriff's Office pursuant to the Florida Contraband Forfeiture Act, may be used to support a time-limited pilot program creating a task force comprised of private security personnel and designed to reduce crime and the fear of crime in high crime neighborhoods.

According to information you have submitted to this office, the Orange County Sheriff's Office is considering using Florida Contraband Forfeiture Trust Fund monies for a pilot program. The sheriff intends to identify certain high crime, low income residential neighborhoods and create a task force comprised of private security personnel to provide targeted patrols. This program will be conducted on a trial basis to determine the efficacy of using these types of resources. Areas targeted for the pilot program will have specific crime trends that may be tracked and be identified through crime analysis and historical knowledge of those areas. Other indicators such as high foreclosure or abandoned property rates may also be used. The sheriff's office will assess the success of the program by evaluating and tracking criminal activity through the sheriff's Crime Analysis Unit. Benchmarks will be established to provide objective, empirical data on crime statistics as well as the residents' perception and fear of crimes.

The private security personnel participating in this program would not be used to meet the normal day-to-day operating needs of the sheriff's office, such as responding to calls for service handled by deputies. Instead, their activities will be dedicated to a specific, identifiable area to conduct focused activities to prevent and identify crimes. Their activities would be supplemental to those services provided by sworn personnel and would be specifically aimed at the problems identified in the neighborhood. You advise that the Sheriff's allocation of sworn personnel to these areas would not be altered or supplanted by the private security officers.

The Florida Contraband Forfeiture Act (the Act), sections 932.701-932.706, Florida Statutes, authorizes the seizure and forfeiture of contraband articles, as well as the vessels, motor vehicles, aircraft, and other personal property used in transporting, concealing, or conveying contraband.[1] Under the Act, detailed procedures are set forth to effectuate such forfeitures and for the disposition of forfeited property.[2] The Act authorizes the law enforcement agency effecting a forfeiture of seized property to sell or otherwise salvage or transfer the property to any public or nonprofit organization rather than retaining it for the use of the law enforcement agency.[3] If forfeited property is sold, proceeds are first applied to any preserved lien balances, then to various costs incurred in connection with the forfeiture proceedings.[4]

For counties, the remaining proceeds are deposited in a special law enforcement trust fund established by the board of county commissioners.[5] These funds may only be expended upon request of the sheriff to the board of county commissioners, accompanied by a written certification that the request complies with section 932.7055(5), Florida Statutes, and only upon appropriation to the sheriff's office by the board of county commissioners.[6] Thus, in the instant case, any funds from the special trust fund for this program may only be expended at the request of the Sheriff of Orange County and upon appropriation to the sheriff's office by the board of county commissioners.

Further, the Act requires that

"[s]uch 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, 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 law enforcement agency."[7]

Section 932.7055(5)(a), Florida Statutes, prohibits the use of contraband forfeiture trust funds as "a source of revenue to meet normal operating needs of the law enforcement agency." Based upon identical language in a previous statute,[8] this office has stated that the legislative intent expressed therein is that these trust funds should be used only for the expressly specified purposes or for other extraordinary programs and purposes, beyond what is usual, normal, regular, or established.[9]

While it is clear that combating crime is a normal duty of law enforcement agencies, you have stated that this pilot program would be supplemental to the sheriff's allocation of sworn personnel to the areas targeted. The act specifically authorizes the use of such proceeds for "crime prevention, safe neighborhood, drug abuse education and prevention programs, or other law enforcement purposes" and directs the use of these funds to defray the cost of "providing additional equipment or expertise[.]"

In Attorney General Opinion 93-18, this office concluded that special law enforcement trust funds could be used to pay current city police officers overtime to work on a new task force directed to preventing crimes involving tourists and drug trafficking:

"While this office has recognized that detecting and combating drugs and drug abuse may be a normal duty of law enforcement agencies, participating in a task force concept for accomplishing these purposes would appear to be outside the regular or established approach to such law enforcement duties."

In a similarly reasoned opinion determining that participation in a multi-jurisdictional drug task force was an allowable expense under the Florida Contraband Forfeiture Act,[10] this office also concluded that the funding of a law enforcement officer from contraband forfeiture funds was permissible when the officer was assigned full-time to the drug task force.[11]

However, in Attorney General Opinion 95-29, this office cautioned that the special law enforcement trust fund, established under the Florida Contraband Forfeiture Act, could not be used to pay current police officers in the Vice, Intelligence and Narcotics Division of the City of Plantation Police Department who were engaged in carrying out their normal law enforcement functions. These officers were tenured employees, not new or temporary employees and filled regularly budgeted positions.

Thus, while this office has approved the use of contraband forfeiture trust funds to supplement the salaries of officers engaged in activities outside of the regular activities of such officers, those moneys may not be used to fund the normal operating budget of a police department.

The pilot program under consideration by your office would be of limited duration. It would be directed at reducing crime and the fear of crime in high crime neighborhoods. It would not supplant or alter the sheriff's allocation of sworn personnel to these areas such that it could be characterized as accomplishing the normal day-to-day activities of law enforcement personnel in the sheriff's department. The funding of crime prevention programs is expressly authorized by the Act.[12] The Legislature has made the determination that the expenditure of trust funds for crime prevention programs is appropriate and does not constitute a source of revenue to meet normal operating needs of the law enforcement agency.

Therefore, I am of the opinion that special law enforcement trust funds which have been requested by and appropriated to the Orange County Sheriff's Office may be used to support a time-limited pilot program creating a task force comprised of private security personnel and designed to reduce crime and the fear of crime in high crime neighborhoods.

Sincerely,

Pam Bondi

Attorney General

PB/tgh

[1] Section 932.702, Fla. Stat.

[2] Sections 932.703 and 932.704, Fla. Stat.

[3] Section 932.7055, Fla. Stat.

[4] Section 932.7055(4), Fla. Stat.

[5] Section 932.7055(5)(a), Fla. Stat.

[6] Id. at (5)(b).

[7] Supra n.5.

[8] Section 932.704(3)(a), Fla. Stat. (1991), stated that these funds could be used "to defray the costs of protracted or complex investigations; to provide additional technical equipment or expertise . . .; to provide matching funds to obtain federal grants; or for school resource officer, crime prevention, or drug abuse programs or such other law enforcement purposes as the . . . governing body of the municipality . . . deems appropriate and shall not be a source of revenue to meet normal operating needs of the law enforcement agency." (e.s.)

[9] See, e.g., Ops. Att'y Gen. Fla. 89-78 (1989) (payment of salaries of police personnel would appear to be a normal operating expense of the municipal police department and special law enforcement trust funds may not be used to augment such salaries); 83-09 (1983) (furnishing medical attention and treatment to county prisoners is a continuing and ongoing or regular duty of the sheriff's office and forfeiture trust fund monies may not, therefore, be used for such purpose).

[10] See Op. Att'y Gen. Fla. 93-06 (1993).

[11] And see Inf. Op. to Chief Wayland Clifton, Jr., dated September 17, 1990, stating that the City of Gainesville could use contraband forfeiture funds to pay the salary and benefits of a full-time legislative liaison who was to develop statewide legislation for criminal justice assessment centers. This office concluded that such funds could be used in light of the nonrecurring limited duration of the position, provided that the position fell outside of the normal operating needs of the law enforcement agency and the municipal governing body determined that it fulfilled an appropriate law enforcement purpose.

[12] Section 932.7055(5)(a), Fla. Stat.