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Resolution 2024-33404RESOLUTION NO.2024-33404 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,REPEALING RESOLUTION NO.90-19931,WHICH ESTABLISHED A "POLICE SPECIAL REVENUE -UNCLAIMED PROPERTY" ACCOUNT TO BE UTILIZED FOR THE APPROPRIATION OF UNCLAIMED FUNDS THAT HAVE VESTED PERMANENTLY 60 DAYS AFTER THE CONCLUSION OF A PROCEEDING,AND PROVIDING THAT FROM AND AFTER OCTOBER 1,2024 SAID UNCLAIMED FUNDS SHALL INSTEAD BE APPROPRIATED AND USED IN THE GENERAL FUND. WHEREAS,the Mayor and City Commission adopted Resolution no.90-19931 on March 7,1990,which established a "Police Special Revenue -Unclaimed Property"account to be utilized for the appropriation of unclaimed funds that have vested permanently 60 days after the conclusion of a proceeding;and WHEREAS,the City administration's efforts to minimize the number of special revenue funds have identified the "Police Special Revenue -Unclaimed Property"account,as it is not legally required to collect these funds in a separate account;and WHEREAS,the FY 2025 budget for the Police Special Revenue -Unclaimed Property Fund totals $19,000;and WHEREAS,the City administration seeks to repeal the adopted Resolution no.90-19931 to consolidate the Unclaimed Property funds collected in the "Police Special Revenue - Unclaimed Property"account to the General Fund. NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,repeals Resolution no.90-19931, which established a "Police Special Revenue -Unclaimed Property"account to be utilized for the appropriation of unclaimed funds that have vested permanently 60 days after the conclusion of a proceeding,and providing that from and after October 1,2024 said Unclaimed Funds shall instead be appropriated and used in the General Fund. PASSED AND ADOPTED this «/0_day of _{butvb /,2024. ATTEST: NOV 2 2 2024 Steven Meiner,Mayor Rafael E.Granado,City Clerk APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION>City Attorney 1 z l2o (Dote Resolutions -R7 J M IAMI BEACH COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Eric Carpenter,City Manager DATE:November 20,2024 TITLE:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,REPEALING RESOLUTION NO.90-19931,WHICH ESTABLISHED A "POLICE SPECIAL REVENUE -UNCLAIMED PROPERTY" ACCOUNT TO BE UTILIZED FOR THE APPROPRIATION OF UNCLAIMED FUNDS THAT HAVE VESTED PERMANENTLY 60 DAYS AFTER THE CONCLUSION OF A PROCEEDING,AND PROVIDING THAT FROM AND AFTER OCTOBER 1,2024 SAID UNCLAIMED FUNDS SHALL INSTEAD BE APPROPRIATED AND USED IN THE GENERAL FUND. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the attached Resolution which repeals Resolution no.90-19931,which established a "Police Special Revenue -Unclaimed Property"account to be utilized for the appropriation of unclaimed funds that have vested permanently 60 days after the conclusion of a proceeding.Instead,the Resolution will provide that from and after October 1,2024,all unclaimed funds shall be appropriated and used in the General Fund. BACKGROUND/HISTORY Florida Statutes Section 705.105,Procedure for Unclaimed Evidence,provides that title to unclaimed evidence in the custody of the court from criminal proceeding or seized as evidence by and in the custody of a law enforcement agency,shall vest permanently in-the law enforcement agency 60 days after the conclusion of the proceeding.On March 7,1990,the Mayor and City Commission adopted the City administration's recommendation to remove the funding associated with Unclaimed Property from the General Fund and move all current and future funding to a "Police Special Revenue --Unclaimed Property"account via Resolution 90-19931. During the FY 2025 budget process,it was determined that there was nothing legally requiring the City to maintain the Unclaimed Property funds in its own separate Special Revenue account. In an effort to minimize the number of special revenue funds,it was recommended that an item be brought before the Mayor &City Commission to reallocate current and future Unclaimed Property funding to the General Fund. ANALYSIS See information provided above. Page 1537 of 1993 FISCAL IMPACT STATEMENT See information provided above. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable,the Business Impact Estimate (BIE)was published on: See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION The Police Unclaimed Property budget for FY 2025,as summarized below and further detailed in Attachment A,is $19,000. «,•$+no ff $» Expenditures in FY 2025 Budget..$ & Miscellaneous Expenditures Miscellaneous Facilities Maintenance Miscellaneous Law Enforcement Supplies CONCLUSION Total $12,000 4,000 3,000 $19,000 The Administration recommends that the Mayor and City Commission adopt the attached Resolution,which repeals Resolution no.90-19931,which established a "Police Special Revenue -Unclaimed Property"account to be utilized for the appropriation of unclaimed funds that have vested permanently 60 days after the conclusion of a proceeding and allow all current and future funding to be allocated to the City's General Fund. Attachment A--FY 2025 Unclaimed Property Budget Attachment B -Resolution 90-19931 EC/JDG/TOS/RA Applicable Area Citywide Is this a "Residents Right to Know"item, pursuant to City Code Section 2-172 Yes Is this item related to a G.O.Bond Project? No Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481, includes a principal engaged in lobbying?No lf so,specify the name of lobbyist(s)and principal(s):.Page 1538 of 1993 Department Management and Budget Sponsor(s) Co-sponsor(s) Condensed Title Appropriation of Unclaimed Funds in General Fund.0MB. Page 1539 of 1993 Accounts Budgeted Amount Accounts 195-1110-000312 $4,000 011-1110-00034 3 195-1110-000343 $3,000 011-1110 -000343 195-1110-000362 $12,000 011-1110-000343 Total $19,000 I Total Budgeted Amount Description $4,000 Miscellaneous Facilities Maintenance $3,000/Miscellaneous Law Enforcement Supplies $12,000/Miscellaneous Expenditures $19,000 Page 1540 of 1993 RESOLUTION NO.----------- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,PROVIDING FOR THE CREATION OF 'POLICE SPECIAL REVENUE -CAPITAL ACCOUNT"IN THE SPECIAL REVENUE FUND FOR THE FISCAL YEAR 1989/1990.SUCH ACCOUNT TO BE FUNDED BY UNCLAIMED CURRENCY CURRENTLY HELD IN POLICE PROPERTY MANAGEMENT UNIT. BE IT RESOLVED IY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA: WHEREAS,Florida Statutes Section 705.105,Procedure for Unclaimed Evidence,provides that title to unclaimed evidence in the custody of the court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency,shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding;and WHEREAS,such funds are currently available in the Police Property Management Unit,amounting to $20,724 such funds being unclaimed evidence from criminal proceedings;and WHEREAS,in the past,such unclaimed funds have been made part of the general fund of the City of Miami Beach,this revenue shall now be appropriated into a "Police Special Revenue -Capital Account"in the special revenue fund,to be utilized by the City of Miami Beach Police Department as such need exists;and fiscal year. WHEREAS,said appropriation of funds will lapse at the conclusion of each NOW,THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,THAT the City Commission hereby creates the "Police Special Revenue -Capital Account"in the Special Revenue Fund for the year 1989/1990,beginning with unclaimed funds held in the police property management unit as of I January 1990 and continuing therein,and such funds are hereby appropriated into said "police Special Revenue -Capital Account" Police Special Revenue -Capital Account Adopted Budget $20,724 PASSED and ADOPTED this 'Eh day of March ,1990.%zy ATTEST by: a.a.,A Ci<y Cleek i- City Page 1541 of 1993 90--19931 F L O R I D A e ''At Jlf)/pt,/l) OFFICE OF THE CITY MANAGER ROB W.PARKINS C IT Y M A N A G F R 3 3 3 9 CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE:673-7010 fl COMMISSION MEMORANDUM NO. DATE:March 7,1990 TO : F RO M : SUBJ ECT: Members CREATION OF "PULICE SPECIAL REVENUE -CAPITAL ACCOUNT"IN THE SPECIAL REVENUE FUND The Administration requests a Resolution creating a Police Special revenue FundinwhichunclaimedevidenceinthecustodyoftheMiamiBeachPoliceDepartmentandseizedaspartofacriminalproceeding,becomes the property of the MiamiBeachPoliceDepartment60daysaftertheconclusionofthecourtproceeding,as authorized by Florida Statute 705.105,and will be appropriated and placedintoaspeciallycreated"Police Special Revenue-Capital Account"SpecialRevenueFund. ADMINISTRATION RECOMMENDAT ION The Administration recommends that the City Commission approve and adopt thecreationofa"Police Special Revenue-Capital Account"Special Revenue Fundandappropriatethecurrentlyavailablefunding. RP:MYS:pb .1 d2}A ..3-770 Page 1542 of 1993 AGENDA IT E M UnicoD lnRO 0--. lc.ooO Providing for the creation of "Police Special Revenue -Capital Account"in the Special Revenue Fund for the fiscal year 1989/1990.Such account to be funded by unclaimed currency currently held in Police property management unit.