Well since no one could figure that out I did :)
Just for the record here is how its done
Go to the ftp program and specify the passive ftp port numbers.
Then create static entries for the ports used (active mode port 20) ( passive mode port selected by the you on the ftp program)
then you do an access list with the source of
your FTP server and the passive ports and active port (20)
use that on your class-map
them use the class-map on your police map
then use it on your service map
I got kind confused about the directions on the access list (because on the data transfer the ftp server is always the source) but http://slacksite.com/other/ftp.html helped me out to know that the ftp server passive or active when transferring the data is always the source