§ 2-204. Sheriff's abandoned property, lost property, and unclaimed evidence trust fund created; deposit and disbursement of monies; administration.

(a)

Legislative intent. It is the intent of this section to promote, protect, and improve the health, safety, and welfare of the citizens of Polk County by creating the Polk County sheriff's office abandoned cash, lost cash, and unclaimed cash evidence trust fund, and to establish guidelines and criteria for requesting and expending monies of which title has vested in the Polk County sheriff's office as abandoned cash, lost cash, or unclaimed cash evidence.

(b)

Definitions.

(1)

"Abandoned property," means all cash which does not have an identifiable owner and which has been disposed on public property or which has no apparent intrinsic value to the rightful owner.

(2)

"Lost property," means all cash 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.

(3)

"Unclaimed evidence," as used herein, means any monies seized as evidence by and in the custody of the Polk County sheriff's office.

(c)

Creation and approval of funds.

(1)

There is hereby created the Polk County Sheriff's office abandoned cash, lost cash, and unclaimed cash evidence trust fund, hereinafter referred to as "trust fund." All monies vested to the Polk County sheriff's office as abandoned cash, lost cash, or unclaimed cash evidence pursuant to Chapter 705, Florida Statutes, shall be deposited into the trust fund for disbursement pursuant to the criteria and guidelines established herein.

(2)

The Polk County board of county commissioners shall establish, implement, supervise, and evaluate the disbursement and expenditures from the trust fund. The Polk County board of county commissioners may approve the disbursement of funds for expenditures only when they directly support the programs of the Polk County sheriff's office.

(d)

Disbursements. Disbursements of monies from the trust fund shall be authorized only for the purpose of providing for the payment of necessary and proper expenses incurred in the operation of the Polk County sheriff's office programs. Monies from the trust fund shall not be disbursed for the purpose of providing payment of salaries or for supplanting budget, operating, or capital funds.

The sheriff or his designee shall submit to the Polk County board of county commissioners a written request for disbursement of monies from the trust fund and shall include a summary of the need and proposed use for the requested funds, i.e., equipment purchase, expenditures, a justification for funds and an indication of recurring costs that may have future budget impact. If the Polk County board of county commissioners approves the request and the board authorizes the disbursement and expenditure of the funds, the disbursement shall then be forwarded to the Polk County sheriff's office. All expenditures from the trust fund shall be in compliance with existing Polk County sheriff's office policy and procedure.

(e)

Administration of fund. The Polk County board of county commissioners shall establish and maintain the appropriate Polk County sheriff's office abandoned cash, lost cash, and unclaimed cash evidence trust fund account. This shall be an interest bearing account. The interest earned is to be retained in the account to be used as provided in paragraph (d) above. The Polk County board of county commissioners shall provide monthly expense and revenue ledgers of the trust fund account as may be required by the Polk County sheriff's office.

(f)

Authorization and approval. No monies collected, deposited, or held pursuant to this section shall be disbursed or expended unless specifically requested by the Polk County sheriff's office.

(g)

Effective date. This section becomes effective upon receipt of acknowledgment from the Department of State that a certified copy of the ordinance from which this section is derived has been filed with said office.

(Ord. No. 92-33, §§ 1—7, 9, 10-6-92; Ord. No. 03-51, 8-6-03)

Editor's note

Ordinance No. 92-33, §§ 1—7 and 9, adopted Oct. 6, 1992, did not specifically amend the code; hence, inclusion herein as § 2-204 was at the discretion of the editor.