2012-28012 Reso RESOLUTION NO. 2012 -28012
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
2011/2012 IN THE AMOUNT OF $41,692.00 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 $166,766.00 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 $41,692.00 in legal administrative fees, costs
and expenses; and
WHEREAS, the Legal and Administrative Fees are based on estimated costs for hours
expended on confiscations, and these Legal and Administrative Fees are set at an amount that
is not to exceed 25% of the contraband seized; 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 $41,692.00 are available in the Police Confiscation
Trust Fund.
CURRENT INCREASE AMENDED
BUDGET BUDGET
STATE $719,500 $ 41,692 $ 761,192
FEDERAL 670,933 0 670,933
TOTAL $1,390,433 $ 41,692 $1,432,125
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 Third Amendment to
the Police Confiscation Trust Fund Budget for fiscal year 2011/2012 in the amount of
$41,692.00 to be funded from the proceeds of State confiscated funds.
PASSED and ADOPT alp �Q74 of September, 2012.
ATTEST:
INCORP ORATED' OR MAT I HE RERA BOWER
�O APPROVED AS TO
RAFA L E. GRANADO, ER -; FORM & LANGU GE .
C �
-9 •....... FOR U ION .
CITY ATTORNEY DATE
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 2011/12 in the amount of $41,692 to be funded from the proceeds of
State Confiscated Funds.
I(ey 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 third amendment to the
Police Confiscation Trust Fund Budget for Fiscal Year 2011/12?
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 2011/12 for the
- pa ment of Legal and Administrative Fees in the amount of $41,692.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: Confiscation Funds:
2 $ 41,692 607- 8000 - 351210 State funds
3
I
4
i
OBPI Total $ 41,692
Financial Impact Summary:
Cit .Clerk's Office Legislative Tracking:
Mauvett Rattigan, Miami Beach Police Department
Sign -Offs:
Department Director Assistant City Manager City Manager
Raymond Martinez
AGENDA ITEM, C _ "
MIA/01
DATE 9 2 � -12
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: Kathie G. Brooks, Interim City Managers
DATE: September 27, 2012
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
2011112, IN THE AMOUNT OF $41,692 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, Raymond Martinez, 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 the City Attorney's Office in claiming
and obtaining these funds. The City Attorney's Office has been instrumental in obtaining
$166,766 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 $41,692 for Legal and Administrative Fees
associated with claiming and obtaining State - related confiscated funds. These Legal and
Administrative Fees are based on estimated costs for hours expended on confiscations,
and these Legal and Administrative fees are set at an amount not to exceed 25% of
what is collected from contraband items seized.
I
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 2011/12 in the amount of $41,692.
KGB /RAM /MNO /DM /MR