2010-27343 ResoRESOLUTION NO. 2010-27343
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND
APPROPRIATING THE FIRST AMENDMENT TO THE POLICE
CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR 2009/10
IN THE AMOUNT OF $6,161 TO BE FUNDED FROM THE PROCEEDS
OF STATE CONFISCATED FUNDS.
WHEREAS, Section 932.7055 of the Florida Statutes sets forth 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 $24,000
in confiscated funds for the Miami Beach Police Department pursuant to Section 932.701 of the
Florida Statutes; and
WHEREAS, the City Attorney's Office has incurred significant staff time and costs in
connection with various forfeiture proceedings on behalf of the Miami Beach Police Department;
and
WHEREAS, the Acting 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
Fund.
WHEREAS, funds in the amount of $6,161 are available in the Police Confiscation Trust
CURRENT AMENDED
BUDGET INCREASE BUDGET
STATE - $ 40, 000 $ 6,161 $ 46,161
FEDERAL - 181,000 0 181.000
TOTAL - $221, 000 $ 6,161 $ 227,161
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 First Amendment to the Fiscal Year
2009/10 Police Confiscation Trust Fund Budget in the amount of $6,161, to be funded from the
proceeds of State Confiscated Funds for payment of Legal and Administrative Fees.
PASSED and ADOPTED this /0{~ day of March, 2010.
ATTEST:
~~~ ~ ~al, - / , - M I HERRE B WE
'l U~/l MAYOR a~~~~~~~ ~ ~~
ROBERT PARCHER, CITY CLERK ~~~~~ ~ ~~~~ r
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Condensed Title:
COMMISSION ITEM SUMMARY
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Adopting
and Appropriating the First Amendment to the Police Confiscation Trust Fund Budget for Fiscal
Year 2009/10 in the amount of $6,161 to be funded from the proceeds of State Confiscated
Funds.
--
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 first amendment to the Police
Confiscation Trust Fund Bud et for Fiscal Year 2009/10?
item
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 Mayorand City Commission adopt the first amendment
to the Police Confiscation Trust Fund Budget for Fiscal Year 2009/10 in the amount of $6,161 for
a ment_of Legal and Administrative Fees
Board
Financial Information:
Source of Amount Account
Funds: 1 Confiscation Funds:
2 $ 6,161 607-8000-351210 State funds
3
4
OBPI Total $ 6,161
Financial Impact Summary:
_City Clerk's Office Legislative Tracking:
~ William Gonzalez, Miami Beach Police Department ~
~/~' (,,,,~ AGENDA ITEM C 7 E
~ j-r, (~ DATE 3-/(~'/f7
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Mattie Herrera Bowerand Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 10, 2010
SUBJECT: A RESOLUTION OF THE MAYOR A CI OMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE FIRST
AMENDMENTTO THE POLICE CONFISCATIONTRUST FUND BUDGET FOR
FISCAL YEAR 2009/10 IN THE AMOUNT OF $6,161 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 forthe 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 EnforcementAgencies. 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 $24,000
through State-related Confiscations forthe Miami Beach Police Department. Significant stafftime
and costs have been devoted to this endeavor. As such, the Confiscation Fund will paythe sum of
$6,161 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 First Amendment to
the Operating Budget for the Police Confiscation Trust Fund for Fiscal Year 2009/10, in the amount
of $6,161, to provide for Legal and Administrative Fees associated with claiming and obtaining
State-related confiscation funds.
JMG/CN/RM/bg
Certification
I, Raymond Martinez, Acting 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 2009/10 fiscal year providing funds for Legal and Administrative Fees complies
with the provisions of Section 932.7055(4)(b), Florida Statutes, and the Guide to Equitable Sharing
of Federally Forfeited Property for Local Law Enforcement Agencies.
Raymond Martinez
Acting Chief of Police
Miami Beach Police Department
3~~~~~
Date
EXHIBIT
w
0
EXHIBIT "A"
MIAMI BEACH POLICE DEPARTMENT
CONFISCATION TRUST FUND BUDGET
FIRST AMENDMENT
FISCAL YEAR 2009/10
STATE FUNDS:
Administrative and Legal Fees associated with collecting confiscation
revenues. $ 6,161
TOTAL STATE FUNDS: $ 6,161