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2009-27166 ResoRESOLUTION No. 2009-27166 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE FOURTH AMENDMENT TO THE POLICE CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR 2008/09 IN THE AMOUNT OF $79,772 TO BE FUNDED FROM THE PROCEEDS OF STATE CONFISCATED FUNDS. APPROVED AS TO FORM & LANGUAGE WHEREAS, Section 932.7055, Florida Statutes, addresses the purpose and procedures to be utilized for the appropriation and expenditures of the Police Confiscation Trust Fund; and WHEREAS, the City Attorney's Office has been instrumental in obtaining over $319,000 in State-related confiscated funds for the Miami Beach Police Department; and WHEREAS, the City Attorney's Office has incurred significant staff time and costs to this endeavor; and WHEREAS, the Chief of Police of the City of Miami Beach has determined that the need for appropriation and expenditures exist and the appropriation and expenditure of forfeiture funds is in compliance with Section 932.7055, Florida Statutes, and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies; and Fund. WHEREAS, funds in the amount of $79,772 are available in the Police Confiscation Trust CURRENT INCREASE AMENDED BUDGET BUDGET STATE- $148,590 $ 79,772 $ 228,362 FEDERAL- 305,245 0 305,245 TOTAL- $453,835 $ 79,772 $ 533,607 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission for the City of Miami Beach hereby adopt the Fourth Amendment to the Fiscal Year 2008/09 Police Confiscation Trust Fund Budget in the amount of 79,772, to be funded from the proceeds of State Confiscated Funds for payment of Legal and Administrative Fees. PASSED and ADOPTED this 9th A EST BY: ~~~ City Clerk Robert Parcher day of September ~, 2009. ayor Matti Herrera Bower FOR CUTION q~~ ty me ate COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Adopting and Appropriating the Fourth Amendment to the Police Confiscation Trust Fund Budget for Fiscal Year 2008/09 in the amount of $79,772 to be funded from the proceeds of State Confiscated Funds. rce ~ntenaea wtcome su ortea: Increase Resident and Business ratings of Public Safety. Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and Public Policy Residential and Business Satisfaction Survey of City of Miami Beach residents in 2009, indicated that their three top most important areas of for the City of Miami Beach to address in an effort to improve public safety throughout the City is Preventing Crime 44.9%, Enforcing Traffic Laws 36.1 % and Increasing Visibility of Police in Neighborhoods 32.4%, Issue: Shall the Mayorand City Commission adopt and appropriate the fourth amendmentto the Police Confiscation Trust Fund Budget for Fiscal Year 2008/09? Item 5u The Chief of Police has reviewed and identified the needs for the appropriation and has established that the expenditures of forfeiture funds are in compliance with Section 932.7055, Florida State Statutes and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies. The Administration recommends that the Mayor and City Commission adopt the fourth amendment to the Police Confiscation Trust Fund Budget for Fiscal Year 2008/09 in the amount of $79,772 for p~ment of Legal and Administrative Fees Board Recommendation: Financial Information: Source of Amount Account Funds: 1 Confiscation Funds: 2 $ 79,772 607-8000-351210 State funds 3 4 OBPI Total $ 79,772 Financial Impact Summary: Ci Clerk's Office Le islative Trackin William Gonzalez, Miami Beach Police Department / Sign-Offs: Department Director Assistant City Manager ity,Mana ' er A/ d ez ~ ~~ m MIAMIBEACH aV AGENQA ITEM C 7L DATIW ~' 9-~ m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vaww.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor Matti, Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 9, 2009 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITYOF MIAMI BEACH, FLORIDA,ADOPTINGANDAPPROPRIATING THE FOURTH AMENDMENTTO THE POLICE CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR 2008/09 IN THE AMOUNT OF $79,772 TO BE FUNDED FROM THE PROCEEDS OF STATE CONFISCATED FUNDS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Florida Statute 932.7055 provides for expenditures of forfeiture funds for law enforcement purposes. Chief of Police, Carlos Noriega, has reviewed and identified the need for the appropriation and has established that the expenditures of forfeiture funds are in compliance with Section 932.7055, Florida State Statutes, and the Guide to Equitable Sharing of Federally Forfeited Propertyfor Local Law Enforcement Agencies. These forfeiture funds have been deposited in the Police Confiscation Trust Fund. There are legal and administrative costs incurred in our City Attorney's Office in claiming and obtaining these funds. The City Attorney's Office has been instrumental in obtaining over $319,000 through State-related Confiscations for the Miami Beach Police Department. Significant staff time and costs have been devoted to this endeavor. As such, the Confiscation Fund will pay the sum of $79,772 for Legal and Administrative Fees associated with claiming and obtaining State-related confiscated funds The City has complied with all statutory procedures involved in the transaction of these funds. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Fourth Amendment to the Operating Budget for the Police Confiscation Trust Fund for Fiscal Year 2008/09, in the amount of $79,772, to provide for Legal and Administrative Fees associated with claiming and obtaining State-related confiscation funds. JMG/C / g AFFIDAVIT I, Carlos Noriega, Chief of Police, City of Miami Beach, do hereby certify that the aforementioned proposed request for expenditures from the City of Miami Beach Police Confiscation Trust Fund, for the 2008/09 fiscal year providing funds forLegal and Administrative Fees complies with the provisions of Section 932.7055(4)(a), Florida Statutes, and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies. Carlos Noriega Chief of Police Miami Beach Police Department --~~0 ~' Date