BOARD OF COUNTY COMMISSIONERS
Agenda Item #13
Title
Unclaimed Property - Evidence - Earl Williams, Jr. (Amended)
Amount
$420.00
Description
Request Authorize to the release of $420 in unclaimed money originally seized during the arrest of Earl Williams, Jr.
Recommendation
Make a Public purpose determination to apply $420 in unclaimed money to Mr. Earl Williams, Jr’s criminal court costs. Mr. Williams currently owes a total of $1,583.70 in court costs on 4 criminal cases. The breakdown is as follows: (05 CF 1811 -- $395.94), (05 CF 3287 -- $395.90), (05 CF 3288 -- $395.93), & (05 CF 3289 -- $395.93)
Alternative(s)
1.)Make a public purpose determination to return $420.00 in unclaimed money toEarl Williams, Jr. or 2.) Retain the $420.00 for general use by the County
Requested By
J.K. “Buddy” Irby, Clerk of the Circuit Court
Originating Department
Todd Hutchison, Finance and Accounting
Attachment(s) Description
Letter from Mr. Willie Williams dated April 28, 2008
Documents Requiring Action
N/A
Executive Summary
The Chair received a letter from Willie Williams, brother of Earl Williams, Jr., dated April 28, 2008, requesting that $420 legally seized by the Sheriff’s Office during his brother’s arrest and subsequently transmitted to the County as unclaimed money, be returned to his brother. On May 13, 2008, the Chair requested staff to investigate whether or not the County has the $420 in unclaimed money, and if so, to determine if the money could be returned to Earl Williams, Jr.
Background
Earl Williams, Jr. was arrested on April 27, 2005. During the arrest, the Sheriff’s Office legally seized $420 along with other evidence from Mr. Williams. The Sheriff’s Office maintained custody of the $420 during the criminal proceeding, case number 05-CF-1811A. A judgment and sentence was entered on January 17, 2006. The State Attorney’s Office notified the Sheriff’s Office on July 26, 2006, that the case against Mr. Earl Williams was concluded and the evidence could be disposed of. The Sheriff’s Office sent a letter to Mr. Earl Williams on August 1, 2006, explaining to him he could claim his property. Pursuant to Florida Statutes 705.105, “Procedure regarding unclaimed evidence”, 60 days after the conclusion of the criminal proceedings, custody of the unclaimed property shall vest permanently with the law enforcement agency that lawfully seized the evidence. On April 3, 2007, the Sheriff’s Office transmitted the unclaimed money to the County for deposit into the fine & forfeiture account. The money was receipted into the County’s fine & forfeiture account on April 5, 2007. The Chair received a letter from Willie Williams, brother of Earl Williams, Jr., dated April 28, 2008, requesting that $420 in unclaimed evidence be returned to his brother. On May 13, 2008, the Chair requested staff to investigate whether or not the County has the $420 in unclaimed money, and if so, to determine if the money could be returned to Earl Williams, Jr.
Issues
The County has legal claim to $420 in unclaimed money. The brother for Mr. Earl Williams, Jr. has written the County requesting the money be returned to his brother. On May 13, 2008, the Chair requested staff to research the matter. Staff has concluded that the County does in fact have the $420. The money was receipted into the County’s fine & forfeiture account on April 5, 2007. Monies legally received by the county and deposited into the county general revenue fund are subject to constitutional and statutory budgetary requirements and limitations. Staff is not aware of any statutory provision that authorizes the County to receive and process, through its official accounts and records, unclaimed evidence to be paid to private individuals. In light of the above, unclaimed evidence transferred to the County pursuant to 705.105 and deposited into the county general revenue account are considered to be county funds, the expenditure of which must serve a public purpose. It is the responsibility of the county commission to make the appropriate findings to ensure the expenditure of unclaimed evidence serves a public purpose and appropriately budget the funds. Under proper circumstances, and based upon appropriate legislative findings and pursuant to the exercise of the county's home rule powers, it is a matter of legislative judgment of the county commission to establish a policy to expend unclaimed evidence for a public purpose. Accordingly, staff recommends the following policy and stated public purpose for disbursing unclaimed evidence. The County Commission finds that a public purpose is served when unclaimed evidence, received pursuant to F.S. 705.105, is returned to the original owner provided that the original owner does not owe the County or State Court System any fees, service charges, fines, or court costs. The County Commission finds that the public is served when government makes every effort to return unclaimed evidence to the original owner. This concept is evident in the creation of the Uniform Unclaimed Property Act of 1995. In order to prevent a perceived conflict and to be equitable, the County will make every effort to return unclaimed evidence to the original owner. If the original owner of the unclaimed evidence owes the County or State Court System money, the County finds the public would be served by applying the unclaimed evidence to the original owner’s outstanding government debts. This methodology is equitable, serves a public purpose, and allows both the County and original owner to accrue a benefit. This policy allows debts owed to the County or State (taxpayers) to be paid while at the same time giving credit to the original owner of the unclaimed money.
Fiscal Recommendation
1.) Make a public purpose determination to apply the $420 in unclaimed money to Mr. Earl Williams, Jr.’s court costs. Mr. Williams currently owes costs on 4 criminal cases. The cases and amounts owed are listed below: (05 CF 1811 -- $395.94), (05 CF 3287 -- $395.90), (05 CF 3288 -- $395.93), & (05 CF 3289 -- $395.93)
Fiscal Alternative(s)
1) Make a public purpose determination to return the $420 in unclaimed evidence to Earl Williams, Jr. and authorize Finance & Accounting to contact Earl Williams, Jr. to complete the necessary paperwork. OR 2) Retain the $420 for general County use.
Funding Sources
General Fund
Account Code(s)
001-7110-354.40-00
Attachment: earl williams jr.pdf