THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
Article 16 of the Interlocal Agreement between Broward County and the Sheriff of Broward County (BSO) providing for Seaport Security and Law Enforcement Services at Port Everglades, approved by the Broward County Board of County Commissioners (Board) on September 10, 2015 (Item No. 32) and expiring September 30, 2020, provides that the County could receive a share of any currency or property seized and subsequently forfeited to BSO based on seizures within Port Everglades or in other locations where BSO personnel assigned to Port Everglades actively participated in the investigation and/or seizure of the property. In 2009, the Port Everglades Port Director authorized BSO to have a deputy assigned to Port Everglades participate on a regional multi-agency Money Laundering Task Force that investigated money laundering and other related crimes. As a result of that participation, Port Everglades became eligible to receive a share of any funds made available to Task Force participants. On January 11, 2011 (Item No. 2), the Board approved an Equitable Sharing Agreement and Certification between Broward County, Broward Sheriff's Office, U.S. Department of Justice, and U.S. Department of Treasury that provided for Port Everglades participation in the Equitable Sharing Program to allow for distribution and retention of Law Enforcement Trust Fund (LETF) funds by the Port. Since the assignment of Port Everglades-based BSO personnel to such activities, Port Everglades has received LETF distributions totaling $793,810 as of February 14, 2019, $311,404 of which has been expended for the purchases of security equipment to enhance law enforcement capabilities at Port Everglades.
Florida Statutes 932.7055 requires that proceeds from the disposition of liens and forfeited property obtained from criminal procedure be deposited in a special law enforcement trust fund to be used for law enforcement purposes. Recommendation of the Sheriff and Board approval is necessary to appropriate LETF funds. Board action is required to transfer funds from Port Everglades to the Broward Sheriff's Office (BSO) to provide the 25% local share to use Fiscal Year 2017 U.S. Department of Homeland Security, Port Security Grant Program funds for the purchase of equipment to detect radiological or nuclear threats to the Port.
While the funds are provided to the Port, their use is limited to supporting or enhancing port security capabilities within the confines of the Port. The County/BSO Interlocal Agreement also provides that the BSO District Captain can apply for the use of such funds if the application is compliant with Florida Statutes and the Port Director concurs. The BSO District Captain for Port Everglades has requested approval to use a portion of the funds available to provide equipment to enhance BSO's port security capabilities (see Exhibit 1). The funds will be used to cover the 25% local match required for BSO to accept and spend a Fiscal Year 2017 U.S. Department of Homeland Security Port Security grant awarded to BSO by FEMA to purchase equipment to detect radiological or nuclear threats to the Port.
The Port Everglades Chief Executive/Port Director has reviewed the request and concurs that the equipment requested will enhance the capability of BSO to provide seaport security and law enforcement services at Port Everglades. Staff recommends the funds be transferred from Port Everglades to BSO to facilitate the procurement of this specialized equipment. As provided for in Article 12 of the Interlocal Agreement, equipment purchased by BSO will become the property of the County upon termination of the Interlocal Agreement.
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