Placement: Consent Agenda
Action Requested: Motion / Vote
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Approve FY 2025-2026 Appropriation and Expenditure of Police Forfeiture Funds
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Submitted By: Leo Niemczyk, Chief of Police
Strategic Plan Link: The City’s Mission to utilize fiscal responsibility.
Executive Summary (General Business): The Port St. Lucie Police Department is requesting approval to expend $113,065 of forfeiture funds in accordance with Section 932.7055(5), Florida Statutes. Once approved by Council members, the funds will be incorporated into the City’s budget, via the budget amendment process.
Presentation Information: Staff will be available to answer any questions.
Staff Recommendation: Move that the Council approve the proposed request to appropriate and expend forfeiture proceeds.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the proposed request to appropriate and expend forfeiture proceeds.
2. Move that the Council not approve the request and/or provide staff direction.
Background: This represents the initial FY 25/26 request to expend Fund #603 Forfeitures.
Issues/Analysis: Section 932.7055, Florida Statutes provides for the disposition of forfeited property seized by the police department in the normal course of performing law enforcement duties. The statute provides for the sale and disposition of such property.
As it relates to the agenda item, the expenditure of the proceeds from sold forfeitures generally follows one of two paths - expenditures by the police department and expenditures by agencies/organizations who request proceeds from the City to expend them in strict accordance with the statute. In either case, the City Council is required to review and approve such requests to appropriate and expend forfeiture proceeds.
Subsection (5) of the statute outlines the permissible categories of expenditures and outlines the process for municipalities, and requires, among other items, written certifications that the appropriations and expenditures comply with the statute. The Chief of Police has provided the written certification, as well as the breakdown of the request in the attached exhibits.
Financial Information: The expenditure of funds is as follows: $25,500 for forfeiture-related operational costs; $45,000 to support various crime prevention and community policing programs; and $40,000 for Crisis Negotiation Team (CNT) related equipment as authorized by Section 932.755(5), Florida Statutes. NOTE: The unallocated balance of $2,565 is to be used on future expenses in strict accordance with the statute, the specifics of which will be provided to the City Council in advance along with the required certification from the Chief of Police.
Special Consideration: N/A
Location of Project: N/A
Business Impact Statement: N/A
Attachments:
1 - Written Request and Certification from the Chief of Police.
2 - Port St. Lucie Police Department Forfeiture Budget Request Breakdown for FY 25/26.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 25311-02
Legal Sufficiency Review:
Reviewed by Daniella Margetic, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.