RESOLUTION 91-20369 RESOLUTION NO. 91-20369
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOR THE 1ST
AMENDMENT TO THE POLICE CONFISCATION FUND
BUDGET FOR THE POLICE CONFISCATION TRUST
ACCOUNT FOR FISCAL YEAR 1991/92 IN THE
AMOUNT OF $163 , 482 . 00 FOR UNDERCOVER VEHICLE
REPAIRS, TO BE FUNDED BY THE PROCEEDS OF
CONFISCATED FUNDS .
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
WHEREAS, the U.S . Department of Justice ' s Forfeiture Fund,
as established by 28 U. S . C. 524 (c) (2) , is governed by the Attorney
General ' s Guidelines on Seized and Forfeited Property; and
WHEREAS, the Attorney General ' s guidelines on Seized and
Forfeited Property, based on the authority of 21 U. S . C. 881 (c) (1) and
19 U. S . C. 1616 a, made applicable by 21 U. S . C. 881 (d) , provides the
authority for federal law enforcement agencies to equitably transfer
forfeited property and cash to state and local law enforcement
agencies which participate in seizures; and
WHEREAS, the "Guidelines" state that all property
transferred to state or local agencies shall be used for law
enforcement purposes, where it will increase and not take the place
of law enforcement resources of that local agency; and
WHEREAS, such funds are available in the Police Confiscation
Fund, transferred from the federal government as a result of Federal
Asset Sharing, and not as the result of local seizures based upon
violations of the Florida Contraband Forfeiture Act.
NOW, THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, THAT the City Commission hereby
adopts a FY 1991/92 Police Confiscation Fund Budget for the City of
Miami Beach, in the amount of $163 , 482 . 00 (as reflected in Exhibit
1) .
CURRENT AMENDMENTS AMENDED
BUDGET INC/ (DEC) BUDGET
Confiscation Fund $364 , 595 . 00 $163, 482 . 00 $528 , 077 . 00
TOTAL $364,595. 00 $163,482 ,00 $528,077 .00
PASSED and ADOPTED this 25th day of Sep mber , 1991.
t/2
ATTEST by:
ji
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City Clerk
Legal Form:
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F ; ung Approved:
M,;-`agem nt and Budget
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OFFICE OF THE CITY MANAGER CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.
DATE: September 25, 1991
TO: Mayor Alex Daoud and
Members of the City Commission
r i a
FROM: Carla Be nabe Talarico bar
City Manager
SUBJECT: POLICE CONFISCATION TRUST ACCOUNT FOR FY 1991/92
The Administration requests an amendment to Resolution No. 91-
for the operating budget of the Police Confiscation Trust Account
to appropriate an additional $163 , 482 . 00 to be used to provide for
undercover vehicle repairs.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt
the operating budget for the Police Confiscation Trust Account
and appropriate funding.
CBT:PGH:nw
11
AGENDA � _ •
ITEM
DATE
FORFEITURE (CONFISCATION) ACCOUNT
UNDERCOVER VEHICLE REPAIRS 163 , 482 . 00
TOTAL $163,482 .00
EXHIBIT I
a
AFFIDAVIT
I, Phillip G. Huber, Chief of Police, City of Miami Beach,
do hereby certify that the aforementioned proposed request
for expenditure from the City of Miami Beach Police
Confiscation Trust Fund, for the 1991/92 Fiscal Year to
provide for undercover vehicle repairs, as specified on the
original request for Federal Asset Sharing.
PHILLIP G. HUBER
Chief of Police
City of Miami Beach Police Department
7-1f:QK
DATE
Legal Review:
Io= ce .Legal Advisor
ORIGINAL
RESOLUTION NO. 91-20369
For the 1st amendment to the Police
confiscation fund budget for the Police
confiscation trust account for Fiscal
Year 1991/92 in the amount of
$163,482.00 for undercover vehicle
repairs, to be funded by the proceeds of
conf iscate.d:funds.