Police Department Policy

34122297 (1).pdf

Seminole County Sheriff

Policy Text
\n\n--- Page 1 ---\n\nSEMINOLE COUNTY NUMBER: G - 9 GENERAL ORDER RESCINDS: SUBJECT: Property Management EFFECTIVE: November 14, 1994 REVISED: August 4, 2017 Table of Contents: I. Purpose II. Scope III. Definitions IV. Governing Laws/Regulations V. Classifications of Property VI. Valuation / Depreciation of Property VII. Control of Property – Agency Owned Property VIII. Control of Property – Unclaimed Evidence IX. Control of Property – Lost / Abandoned Property X. Issued Property: Initial Issue of Property Replacement of Property Surrender of Sheriff’s Office Issued Property Re-Issuance of Property XI. Employee’s Responsibility for Issued Property XII. Capital / Fixed Asset Inventory XIII. Controlled Items; Designation and Inventory XIV. Inspections XV. Record Keeping XVI. Disposal of Property – Owned Property XVII. Disposal of Property – Lost / Abandoned Property XVIII. Disposal of Property – Unclaimed Evidence XIX. Disposal of Property – Contraband / Forfeited Property I. PURPOSE: This directive defines policies and procedures for the accountability, distribution, care, control and disposition of Sheriff’s Office owned, issued, and/or controlled property and equipment. These policies and procedures are applicable to property purchased, transferred, donated or otherwise acquired by the Sheriff’s Office during the course of business including lost/abandoned property, unclaimed evidence, and contraband/forfeited property. GENERAL ORDER Property Management GO # 9 PAGE 1 OF 17\n\n--- Page 2 ---\n\nII. SCOPE: This directive applies to all personnel, with specific emphasis given to employees responsible for the care and custody of Sheriff’s Office property. III. DEFINITIONS: A. Abandoned Property (Section 705.101, Florida Statutes) Tangible personal property that does not have an identifiable owner and that has been disposed on public property in a wrecked, inoperative, or partially dismantled condition or has no apparent intrinsic value to the rightful owner. However, vessels determined to be derelict by the Fish and Wildlife Conservation Commission or a county or municipality in accordance with the provisions of Section 823.11, Florida Statutes, are not included within this definition. B. Capital / Fixed Asset Items: Property with an original purchase price of $1,000 dollars or greater, and a useful life exceeding one year. This value is established in Chapter 691.73 of the Florida Administrative Code (FAC) as authorized by Section 274.02, Florida Statutes, also referred to as the fixed asset property threshold. C. Controlled Item: Property not meeting the monetary threshold ($1,000) by which to be designated as a capital or fixed asset item, however due to the unique nature of the item, has been designated by the Sheriff as requiring inventory control and accountability equivalent to that of a capital item. Items established as controlled are set forth in this policy and may be updated at the discretion of the Sheriff (or designee). D. Contraband / Forfeited Item: 1. Any controlled substance as defined in Chapter 893, Florida Statutes, or any substance, device, paraphernalia, or currency or other means of exchange that was used, was attempted to be used, or was intended to be used in violation of any provision of Chapter 893, if the totality of the facts presented by the state is clearly sufficient to meet the state’s burden of establishing probable cause to believe that a nexus exists between the article and the narcotics activity, whether or not the use of the contraband article can be traced to a specific narcotics transaction. 2. Any gambling paraphernalia, lottery tickets, money, currency, or other means of exchange which was used, was attempted, or intended to be used in violation of the gambling laws of the state. 3. Any equipment, liquid or solid, which was being used, is being used, was attempted to be used, or intended to be used in violation of the beverage or tobacco laws of the state. 4. Any motor fuel upon which the motor fuel tax has not been paid as required by law. 5. Any personal property, including, but not limited to, any vessel aircraft, item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, securities, books, records, research, negotiable instruments, or currency, which was used or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, whether or not comprising an element of the felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act. Any real property, including any right, title, leasehold, or other interest in the whole of any lot or tract of land, which was used, is being used, or was attempted to be used as an instrumentality in the commission of, or in aiding and abetting in the commission of, any felony, or which is GENERAL ORDER Property Management GO # 9 PAGE 2 OF 17\n\n--- Page 3 ---\n\nacquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act. 6. Any real property, including any right, title, leasehold, or other interest in the whole of any lot or tract of land, which was used, is being used, or was attempted to be used as an instrumentality in the commission of, or in aiding and abetting in the commission of any felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act. 7. Any serialized item, where the serial number has been altered or removed, as possession of the item would constitute a violation of F.S.S. 817.235(2). E. Custodian: Employees delegated by the Sheriff and who have specific responsibility and accountability pertaining to ordering, storing, issuing, and maintaining inventories for certain types of property. F. Lost Property (Section 705.10, Florida Statutes): Tangible personal property which does not have an identifiable owner and which has been mislaid on public property, upon a public conveyance, on premises used at the time for business purposes, or in parks, places of amusement, public recreation areas, or other places open to the public in a substantially operable, functioning condition or which has an apparent intrinsic value to the rightful owner. G. Property: Material purchased by, transferred to, or donated to the Sheriff's Office for use in daily operations. This definition expands upon the statutory definition of property, which is established as a level equivalent to the capital/fixed asset property threshold by including both capital items (fixed assets), controlled items as designated by the Sheriff (or designee), and both consumable items and equipment issued to employees or used by employees in their work space. H. Surplus Property (Section 274.05, Florida Statutes): Property that is considered obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful purpose. This definition applies to the decision by the Sheriff (or designee) to authorize the disposal of Sheriff’s Office property. I. Unclaimed Evidence (Section 705.101, Florida Statutes): Tangible personal property, including cash, not included within the definition of "contraband article," as provided in Section 932.701(2), Florida Statutes, which was seized by a law enforcement agency, was intended for use in a criminal or quasi-criminal proceeding, and is retained by the law enforcement agency or the clerk of the county or circuit court for 60 days after the final disposition of the proceeding and to which no claim of ownership has been made. IV. GOVERNING LAWS AND REGULATIONS: A. Chapter 274, Florida Statues, addresses tangible personal property owned by local governments, including Sheriff’s Offices. This chapter specifies the procedures governing the recording for inventory purposes of property designated as “capital or fixed asset items,” requires an annual fixed asset property inventory, and sets forth methods by which government

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