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:
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City Clerk
Robert Parcher
day of September ~, 2009.
ayor
Matti Herrera Bower
FOR CUTION
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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
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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
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Date