2011-27634 Reso RESOLUTION NO. 2011 -27634
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND
APPROPRIATING THE THIRD AMENDMENT TO THE POLICE
CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR
2010/11 IN THE AMOUNT OF $40,677 TO BE FUNDED FROM
THE PROCEEDS OF STATE CONFISCATED FUNDS.
WHEREAS, Section 932.7055 of the Florida Statutes, sets forth and establishes the
purpose and procedures that must be utilized for the appropriation and expenditures of the
Police Confiscation Trust Fund; and
WHEREAS, the City Attorney's Office has successfully obtained over $162,001 in
confiscated funds for the City of Miami Beach Police Department pursuant to Section 932.701 of
the Florida Statutes, known as the Florida Contraband Forfeiture Act; and
WHEREAS, the City Attorney's Office has incurred significant staff time and costs in
association with these 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
WHEREAS, funds in the amount of $40,677 are available in the Police Confiscation
Trust Fund.
CURRENT INCREASE AMENDED
BUDGET BUDGET
STATE $226,100 $ 40,677 $ 266,777
FEDERAL 340,500 0 340,500
TOTAL $566,600 $ 40,677 $ 607,277
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CI
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and •ity
Commission for the City of Miami Beach hereby adopt and appropriate the Third Amendment to
the Police Confiscation Trust Fund Budget for fiscal year 2010/11 in the amount of $40,677 to
be funded from the proceeds of State confiscated funds.
PASSED and ADOPTED this 0i day of April, 2011.
ATTEST: —
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2,0 t Van- ctui1, MA R MATT ERRERA BOWER
ROBERT PARCHER, CITY CLERK APPROVED AS TO
FORM LANGUAGE
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F A► ATTORNEY i 1 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 Third Amendment to the Police Confiscation Trust Fund Budget for Fiscal
Year 2010/11 in the amount of $40,677 to be funded from the proceeds of State Confiscated
Funds.
Key Intended Outcome Supported:
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 N�c hborhoods 32.4 %,
Issue:
Shall the Mayor and City Commission adopt and appropriate the third amendment to the Police
Confiscation Trust Fund Budget for Fiscal Year 2010/11?
Item Summary /Recommendation:
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 third amendment
to the Police Confiscation Trust Fund Budget for Fiscal Year 2010/11 in the amount of $40,677
for payment of Legal and Administrative Fees.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 Confiscation Funds:
2 $ 40,677 607- 8000 - 351210 State funds
3
4
OBPI Total $ 40,677
Financial Impact Summary:
Ci Clerk's Office Legislative Tracking:
auvett Rattigan, Miami Beach Police Department
Sin -Offs:
Department Director Assistant City Manager City Manager
Chiearf
miAmIBEAcH AGENDA STEM C 7 J
[SATE 1/"134/
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: April 13, 2011 �
SUBJECT: A RESOLUTION OF THE MAYOR AND
CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE THIRD
AMENDMENT TO THE POLICE CONFISCATION TRUST FUND BUDGET FOR
FISCAL YEAR 2010/11 IN THE AMOUNT OF $40,677 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 932.70 55,
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 $162,000
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
$40,677 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 Third Amendment
to the Operating Budget for the Police Confiscation Trust Fund for Fiscal Year 2010/11, in the
amount of $40,677, to provide for Legal and Administrative Fees associated with claiming and
obtaining Stat -r ted confiscation funds.
J MG /CN /P.M /MR
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Certification
1, 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 2010/11 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 4Pir
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hief of Police
Miami Beach Police Department
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EXHIBIT "A"
MIAMI BEACH POLICE DEPARTMENT
CONFISCATION TRUST FUND BUDGET
THIRD AMENDMENT
FISCAL YEAR 2010/11
STATE FUNDS:
Administrative and Legal Fees associated with collecting confiscation
revenues. $ 40,677
TOTAL STATE FUNDS: $ 40,677