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2009-27165 ResoRESOLUTION No. 2009-27165 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE SECOND BUDGET AMENDMENT TO THE POLICE SPECIAL REVENUE ACCOUNT FOR FISCAL YEAR 2008/09 IN THE AMOUNT OF $5,000, SUCH ACCOUNT FUNDED BY UNCLAIMED EVIDENCE CURRENTLY HELD IN THE POLICE SPECIAL REVENUE -ACCOUNT. WHEREAS, Section 705.105, Florida Statutes, "Procedures for Unclaimed Evidence", provides that title to unclaimed evidence in the custody of the court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency, shall vest permanently in the law enforcement agency sixty (60) days after the conclusion of the proceedings; and WHEREAS, such funds have been in the custody of the Police Property & Evidence Unit past the sixty (60) day waiting period, and these funds have now been placed in the Police Special Revenue Account Fund, as provided by Resolution No. 90-19931, adopted on March 7,-1990. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that $5,000, which is currently being held in the Police Special Revenue Account, be appropriated for the Second Amendment to the Police Special Revenue Account for Fiscal Year 2008/09 to cover unanticipated cost overruns for miscellaneous items listed on Exhibit "A". Current Increase Amended Budget Budget $43,250 $5,000 $48,250 PASSED and ADOPTED this 9th day of September, 2009. a Or Matti Herrera Bower TEST Y: i Clerk Robert Parcher IV'Zr6~ ate APPROVED AS TO FORM & LANGUAGE w ~ww r~II~A\ \T^A~• COMMISSION ITEM SUMMARY Condensed Title: A Resolution adopting and appropriating funds for the Second Budget Amendment to the Police Special Revenue Account for Fiscal Year 2008/09 in the amount of $5,000. rce intenaea outcome 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 Mayor and City Commission adopt and appropriate funds to cover unanticipated cost overruns in miscellaneous expenses for the Miami Beach Police Department? Item Summary/Recommendation: Unclaimed evidence totaling $5,000 has been in the custody of the Police Property & Evidence Unit past the sixty (60) day waiting period. These funds have now been placed in the Police Special Revenue Account Fund as provided by Resolution 90-19931, passed on March 7, 1990. The Administration recommends that the Mayor and City Commission adopt the Second Budget Amendment to the Police Special Revenue Account for Fiscal Year 2008/09 in the amount of $5,000. Adviso Board Recommendation: Financial Information: Source of Funds: Amount $ 5,000 Account Approved 2 3 4 OB 1 Total $ 5,000 Financial Impact Summary: Special Revenue Account 195.8000.369993 Cit Clerk's Office Le islative Trackin William Gonzalez, Miami Beach Police Department epartment Director Assistant City Manager City Manager m MIAMIBEACH AGEOdDA ITEM e DATE - f7 m MIAMIBEACH 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 C fission FROM: Jorge M. Gonzales City Manager DATE: September 9, 2009 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE SECOND BUDGET AMENDMENTTO THE POLICE SPECIAL REVENUE ACCOUNT FOR FISCAL YEAR 2008/09 IN THE AMOUNT OF $5,000, SUCH ACCOUNT FUNDED BY UNCLAIMED EVIDENCE CURRENTLY HELD IN THE POLICE SPECIAL REVENUE -ACCOUNT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Florida Statute 705.105 "Procedure for Unclaimed Evidence" provides that unclaimed evidence in the custody of the court from a criminal proceeding, or seized as evidence by and in the custody of a law enforcement agency, shall become the property of that law enforcement agency 60 days after the concltsion of the proceedings. In March 1990, a special account was established titled "Police Special Revenue Account" in the Special Revenue Fund. Funds for this account are made available in the Police Property & Evidence Unit, as unclaimed evidence, in accordance with Florida Statute 705.105 outlined above. Unclaimed evidence totaling $5,000 has been in the custody of the Police Property & Evidence Unit past the sixty (60) day waiting period. These funds have now been placed in the Police Special Revenue Account Fund, as provided in Resolution 90-19931, passed on March 7, 1990. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Second Budget Amendment to the Police Special Revenue Account for the Fiscal Year 2008/09, and appropriate the amount of $5,000 to provide funds to cover unanticipated cost overruns of miscellaneous items for the Police Department listed on Exhibit "A". JMG:CN~. g EXHIBIT "A" MIAMI BEACH POLICE DEPARTMENT SPECIAL REVENUE ACCOUNT SECOND AMENDMENT FISCAL YEAR 2008/09 PROMOTIONAL ACTIVITIES $ 5,000 This final amendment will cover unanticipated amounts spent on miscellaneous expenses related to activities for Police initiatives, special youth programs,and other philanthropic, community organizations. This funding is related to law enforcement programs sponsored by the Chief of Police which are not funded by general funds and miscellaneous expenses such as activities related to the Police Memorial Services. TOTAL $ 5,000