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2012-28012 Reso RESOLUTION NO. 2012 -28012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE THIRD AMENDMENT TO THE POLICE CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR 2011/2012 IN THE AMOUNT OF $41,692.00 TO BE FUNDED FROM THE PROCEEDS OF STATE CONFISCATED FUNDS. WHEREAS, Section 932.7055 of the Florida Statutes, sets forth and establishes the purpose and procedures that must be utilized for the. appropriation and expenditures of the Police Confiscation Trust Fund; and WHEREAS, the City Attorney's Office has successfully obtained over $166,766.00 in confiscated funds for the City of Miami Beach Police Department pursuant to Section 932.701 of the Florida Statutes, known as the Florida Contraband Forfeiture Act; and WHEREAS, the City Attorney's Office has incurred significant staff time and costs in association with these various forfeiture proceedings on behalf of the City of Miami Beach Police Department, which amounts to a total of $41,692.00 in legal administrative fees, costs and expenses; and WHEREAS, the Legal and Administrative Fees are based on estimated costs for hours expended on confiscations, and these Legal and Administrative Fees are set at an amount that is not to exceed 25% of the contraband seized; and WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written certification which states that this request complies with the provisions of Section 932.7055 of the Florida Statutes (written certification attached as Exhibit A), and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies; and WHEREAS, funds in the amount of $41,692.00 are available in the Police Confiscation Trust Fund. CURRENT INCREASE AMENDED BUDGET BUDGET STATE $719,500 $ 41,692 $ 761,192 FEDERAL 670,933 0 670,933 TOTAL $1,390,433 $ 41,692 $1,432,125 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 and appropriate the Third Amendment to the Police Confiscation Trust Fund Budget for fiscal year 2011/2012 in the amount of $41,692.00 to be funded from the proceeds of State confiscated funds. PASSED and ADOPT alp �Q74 of September, 2012. ATTEST: INCORP ORATED' OR MAT I HE RERA BOWER �O APPROVED AS TO RAFA L E. GRANADO, ER -; FORM & LANGU GE . C � -9 •....... FOR U ION . CITY ATTORNEY DATE COMMISSION ITEM SUMMARY . Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Adopting and Appropriating the Third Amendment to the Police Confiscation Trust Fund Budget for Fiscal Year 2011/12 in the amount of $41,692 to be funded from the proceeds of State Confiscated Funds. I(ey Intended Outcome Supported: 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 Mayor and City Commission adopt and appropriate the third amendment to the Police Confiscation Trust Fund Budget for Fiscal Year 2011/12? Item Summary /Recommendation: 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 third amendment to the Police Confiscation Trust Fund Budget for Fiscal Year 2011/12 for the - pa ment of Legal and Administrative Fees in the amount of $41,692. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: Confiscation Funds: 2 $ 41,692 607- 8000 - 351210 State funds 3 I 4 i OBPI Total $ 41,692 Financial Impact Summary: Cit .Clerk's Office Legislative Tracking: Mauvett Rattigan, Miami Beach Police Department Sign -Offs: Department Director Assistant City Manager City Manager Raymond Martinez AGENDA ITEM, C _ " MIA/01 DATE 9 2 � -12 m ► MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Managers DATE: September 27, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE THIRD AMENDMENT TO THE POLICE CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR 2011112, IN THE AMOUNT OF $41,692 TO BE FUNDED FROM THE PROCEEDS OF STATE CONFISCATED FUND. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Florida Statute 932.7055 provides for expenditures of forfeiture funds for law enforcement purposes. Chief of Police, Raymond Martinez, 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 Property for Local Law Enforcement Agencies. These forfeiture funds have been deposited in the Police Confiscation Trust Fund. There are legal and administrative costs incurred in the City Attorney's Office in claiming and obtaining these funds. The City Attorney's Office has been instrumental in obtaining $166,766 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 $41,692 for Legal and Administrative Fees associated with claiming and obtaining State - related confiscated funds. These Legal and Administrative Fees are based on estimated costs for hours expended on confiscations, and these Legal and Administrative fees are set at an amount not to exceed 25% of what is collected from contraband items seized. I CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Third Amendment to the Operating Budget for the Police Confiscation Trust Fund for Fiscal Year 2011/12 in the amount of $41,692. KGB /RAM /MNO /DM /MR