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2010-27482 Reso
I RESOLUTION NO ± 2010-27482 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE SECOND AMENDMENT TO THE POLICE CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR 2009/10 IN .THE AMOUNT OF $4,618 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 $18,400 in confiscated funds for the City of 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 City of Miami ,Beach Police Department; and WHEREAS, the 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 $4,618 are available in the Police Confiscation Trust CURRENT INCREASE BUDGET STATE $ 46,161 $ 4,618 FEDERAL 181,000 0 TOTAL $227,161 $ 4,618 AMENDED BUDGET $ 50,779 181, 000 $ 231, 779 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 Second Amendment to the Fiscal Year 2009/10 Police Confiscation Trust Fund Budget in the amount of $4,618, to be funded from the. proceeds of State Confiscated Funds for payment of Legal and Administrative Fees. PASSED and ADOPTED this ~S~k- day of September, 2010. ATTEST: ~C~~ JC/`. MA R MATTI H RR. RA BOWER p~11 yvc.~ 1 ~ w~vwv~. ROBERT PARCHER, CITY CLERK Condensed Title: COMMISSION ITEM SUMMARY A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Adopting and Appropriating the Second Amendment to the Police Confiscation Trust Fund Budget for Fiscal Year 2009/10 in the amount of $4,618 to be funded from the proceeds of State Confiscated Funds. Ke Intended Outcome Su orted: 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 second amendment to the Police Confiscation Trust Fund Budget for Fiscal Year 2009/10? The Administration recommends that the Mayor and City Commission adopt the second amendment to the Police Confiscation Trust Fund Budget for Fiscal Year 2009/10 in the amount of $4,618 for payment of Legal and Administrative Fees. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: ~ Confiscation Funds: 2 $ 4,618 607-8000-351210 State funds 3 4 OBPI Total $ 4,618 Financial Impact Summary: Ci Clerk's Office Le islative Trackin Mauvett Rattigan, Miami Beach Police Department Sign-Offs: Departm t Director Assistant City Manager City Manager Chief C oriega ~~ A~EI~®a ITEM C7 P ~~~~~~ ~~~ MATE ~-/ S = /© m MIAMI BEACH 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 Commission FROM: Jorge M. Gonzalez, City Manager DATE: September t~, 2010 . SUBJECT: A RESOLUTION OF THE MAYOR D COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE SECOND AMENDMENT TO THE POLICE CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR 2009/10 IN .THE AMOUNT OF $4,618.00 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 Property for 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 $18,400 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 $4,618 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 Second Amendment to the Operating Budget for the Police Confiscation Trust Fund for Fiscal .Year 2009/10, in the amount of $4,618, to provide for Legal and Administrative Fees associated with claiming and obtaining State-related confiscation funds. -~ e- JMG N/RM/MR EXHIBIT "A" . MIAMI BEACH POLICE DEPARTMENT CONFISCATION TRUST FUND BUDGET SECONDT AMENDMENT FISCAL YEAR 2009/10 STATE FUNDS: Administrative and Legal Fees associated with collecting confiscation revenues. $ 4,618 TOTAL STATE FUNDS: $ 4,618. Certification 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 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. Carlos Noriega Chief of Police Miami Beach Police Department Date