2011-27745 Reso RESOLUTION NO. 2011 -27745
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
2010/2011 IN THE AMOUNT OF $61,489.00, FOR THE
APPROPRIATION AND EXPENDITURE OF THOSE ITEMS SET
FORTH IN EXHIBIT "A," AND SHALL BE FUNDED FROM THE
PROCEEDS OF STATE CONFISCATED FUNDS.
WHEREAS, Section 932/055 of the Florida Statutes, sets forth and establishes the
purpose and procedures that must be utilized for the appropriation and expenditure of the Police
Confiscation Trust Fund; and
WHEREAS, the City Attorney's Office has successfully obtained $76,757.00 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, which amounts to a total of $19,189.00 in legal administrative fees, costs
and expenses; and
WHEREAS, the City of Miami Beach recognizes that certain individuals have specific
expertise in working with domestic violence victims, and are considered to be an integral part of
the criminal investigation process by the Miami Beach Police Department; and
WHEREAS, the City of Miami Beach, by and through the Miami Beach Police
Department, requires this specialized and additional expertise, and is in need of an individual
who is a victim advocate pertaining to domestic violence criminal investigations, which can be
funded from the Police Confiscation Trust Fund in the amount of $42,300.00; and
WHEREAS, the Chief of Police of the City of Miami Beach has determined that the need
for appropriation and expenditures exist, and that such appropriation and expenditure is not
being used to meet normal operating expenses of the Miami Beach Police Department; and
WHEREAS, this appropriation and expenditure of forfeiture funds is in compliance with
the requirements of Section 932.7055 of the Florida Statutes, and the Guide to Equitable
Sharing of Federally Forfeited Property for Local Law Enforcement Agencies; and
WHEREAS, funds in the amount of $61,489.00 are available in the Police Confiscation
Trust Fund, and shall be appropriated and expedited as set forth in Exhibit "A."
CURRENT INCREASE AMENDED
BUDGET BUDGET
STATE- $266,777 $ 61,489 $ 328,266
FEDERAL- 340,500 340,500
TOTAL- $607,277 $ 61,489 $ 668,766
/ /-• Z77 ors'
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 and appropriate the fourth amendment to
the Police Confiscation Trust Fund budget for fiscal year 2010/2011 in the amount of
$61,489.00, for the appropriation and expenditure of those items set forth in Exhibit "A," and
shall be funded from the proceeds of State confiscated funds.
PASSED and ADOPTED this a 71i day of September, 2011.
ATTEST: ` /
L .
(AA-ta' Ai( C A • R MATTI ''ER ERA BOWER
ROBERT PARCHER, CITY CLERK
4.,....B er%, , � APPROVED AS TO
°. FORM & LANGUAGE
� ti & FO• ELUTION
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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 2010/11 in the amount of $61,489 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 Neighborhoods 32.4 %,
Issue:
Shall the Mayor and City Commission adopt and appropriate the fourth 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 fourth
amendment to the Police Confiscation Trust Fund Budget for Fiscal Year 2010/11 for victim's
Advocate Salary Grant Match ($42,300) and the payment of Legal and Administrative Fees
($19,189) totaling $61,489.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 Confiscation Funds:
2 $ 61,489 607- 8000 - 351210 State funds
.,e=.- 3
4
OBPI Total $ 61,489
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Mauvett Rattigan, Miami Beach Police Department
Sign -Offs:
Department Direc j. Assistant City Manager City Manager
Chief Carlos Noriega MII A■ _
9
CA M AGENDA ITEM
c 7 �
DATE f'd 7-//
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MIAMIB
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 th -City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 27, 2011
SUBJECT: 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
2010/11, IN THE AMOUNT OF $61,489, TO BE FUNDED FROM THE
PROCEEDS OF STATE CONFISCATED FUND.
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.
The Victims Advocate is assigned to work with victims of domestic violence, and is an
integral part of criminal investigations. However, State grant funding for this position has
been decreased, and as such Confiscation Fund in the sum of $42,300 should be
utilized to pay the portion of the salary that is not covered by the grant.
There are legal and administrative costs incurred in the City Attorney's Office in claiming
and obtaining these funds. The City Attorney's Office has been instrumental in obtaining
over $76,757 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 $19,189 for Legal and Administrative
Fees associated with claiming and obtaining State - related confiscated 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 2010/11 in the amount of $61,489, to provide for the expenses listed in Exhibit "A ".
JMG /CN /RM /MR
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 2010/2011 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.
2 Pweyk
1 / Carlos Noriega, Chief of Police
Miami Be ch Police Department
// '
Date 9 / 4 /1/7-;
EXHIBIT "A"
MIAMI BEACH POLICE DEPARTMENT
CONFISCATION TRUST FUND BUDGET
FOURTH AMENDMENT
FISCAL YEAR 2010/11
STATE FUNDS:
Victim's Advocate Salary Grant Match $ 42,300
Administrative and Legal Fees associated with collecting confiscation
revenues, by the Legal Department. $ 19,189
TOTAL STATE FUNDS: $ 61,489