Loading...
96-21908 RESO RESOLUTION No. 96-21908 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FOURTH AMENDMENT TO THE POLICE CONFISCATION TRUST FUND FOR FISCAL YEAR 1995/96, IN THE AMOUNT OF $442,000, TO BE FUNDED FROM THE PROCEEDS OF CONFISCATED FUNDS ($20,000 FROM STATE FUNDS AND $422,000 FROM FEDERAL FUNDS) WHEREAS, Section 932.705, Florida Statutes, addresses the purposes and procedures to be utilized for the appropriation and expenditures of the Police Confiscation Trust Fund; and WHEREAS, the Chief of Police of the city of Miami Beach has determined that the need for expenditures and appropriation exists and the expenditure or appropriation of forfeiture funds is in compliance with Section 932.705, Florida statutes, and with Federal guidelines; and WHEREAS, such funds are available in the Police Confiscation Trust Fund. 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 hereby adopt the Fourth Amendment to the 95/96 Police Confiscation Trust Fund Budget for the City of Miami Beach, in the amount of $442,000, as reflected in the attached Exhibit "A". CURRENT BUDGET INCREASE AMENDED BUDGET $1,815,135 $442,000 $2,257,135 PASSED AND ADOPTED THIS March , 1996. ATTEST BY: RaW e,^"~ city Clerk FOHM l\PP LEGAL DEPT. By ~ 4IIdt~_ )...~~.t}6 Date ___c.____._._. POLICE CONFISCATION TRUST FUND FOURTH BUDGET AMENDMENT FISCAL YEAR 1995/96 STATE FUNDS: Reimbursement for protective vests as follows: Nine (9) Heavy Body Armor for K-9 officers at $890.00 each for a total of $8,010 plus $11,990 for reimbursement to newly hired Police Officers. The contract between the city and the FOP provides that the city reimburse officers up to $450.00 for a bullet resistant protective vest. SUB-TOTAL FEDERAL FUNDS: PHASE TWO OF THE POLICE DEPARTMENT AUTOMATION PROGRAM REIMBURSEMENT TO THE GENERAL FUND FOR OVERTIME - The Police Department has incurred in overtime expenses as a result of compliance with the Consent Decree as well as providing Police Officers for specialized and/or protracted enforcement activities that were not normal operating expenses. These include overtime for the South Florida Impact Program, the City PRIDE Program, the Selective Traffic Enforcement Program and the Manpower shortage caused by the implementation of the Consent Decree. SUB-TOTAL GRAND-TOTAL EXHIBIT 'A' $20,000 $20,000 $122,000 300,000 $422,000 $442,000 AFFIDAVIT I, Richard Barreto, 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 1995/96 fiscal year providing funds for expenditures as indicated on Exhibit "A" complies with the provisions of section 932.704(3) (a), Florida statutes and with federal guidelines. M tI.O . Richard Barreto Chief of Police Miami Beach Police Department ;-27 -q , Date CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. il/- q l.. TO: Mayor Seymour Gelber and Members of the City Commission DATE: March 6, 1996 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: REQUEST TO USE :IES FROM THE CONFISCATION FUND TO PROVIDE FOR THE FUNDING OF P II OF THE POLICE DEPARTMENT AUTOMATION PROGRAM; SETTING FUNDS ASIDE FOR THE ACQUISITION OF SPEC:IALIZED BULLET RESISTANT PROTECTIVE VESTS AND REIMBURSEMENT OF BULLET RESISTANT VESTS AND SETTJ:NG ASIDE FUNDS TO REIMBURSE THE GENERAL FUND FOR OVERTIME EXPENSES INCURRED BY THE POLICE DEPARTMENT (FOURTH AMENDMENT) The Administration requests authorization to adopt the Fourth Amendment to the operating Budget for the Police Confiscation Trust Fund for FY95/96 in the amount of $442,000 ($20,000 from State Confiscated funds and $422,000 from Federal confiscated funds) to be used to provide funds for the law enforcement expenditures listed in Exhibit "A". ADM:INISTRATION RECOMMENDATION Approval of the Resolution. BACKGROUND Expenditure of forfeiture funds for law enforcement purposes under the federal guidelines is a proper expenditure. Florida statute 932.705 provides for, but is not limited to, expenditure of forfeiture funds for crime prevention and other law enforcement purposes. The Chief of Police of the City of Miami Beach has determined that the need for expenditures and appropriation exist and the expenditure or appropriation of forfeiture funds is in compliance with Section 932.705, Florida statutes. CONCLUSION The proper procedure has been complied with in accordance with Florida State Statute 932.705. In accordance with Florida Statute 932.705, forfeiture funds have been deposited in the Police Confiscation Trust Fund and all other statutory procedures have been complied with. Forfeiture funds have been collected pursuant to Asset Sharing Agreements with various Federal agencies pursuant to 18 USCA 981(e)2; 21 USCA 881(e) (1) (A) and (e) (3); and/or 19 USCA 1616a and have been deposited in the Police confiscation Trust Account. JGP:RB:ep ~ AGENDA ITEM C- 1 G- 3..~- 9~ DATE