2013-28310 Reso RESOLUTION NO. 2013-28310
A RESOLUTION SETTING A PUBLIC HEARING FOR THE
SEPTEMBER 30, 2013 SPECIAL CITY COMMISSION MEETING,
ADOPTING AND APPROPRIATING THE FOURTH AMENDMENT TO
THE POLICE CONFISCATION TRUST BUDGET FOR FISCAL YEAR
2012/2013 IN THE AMOUNT OF $10,000, TO BE FUNDED FROM THE
PROCEEDS OF STATE CONFISCATED FUNDS, FOR THE
APPROPRIATION AND EXPENDITURE OF THOSE ITEMS SET
FORTH IN EXHIBIT "A," WHICH SHALL BE FUNDED THROUGH THE
POLICE CONFISCATION TRUST FUND.
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 proceeds and interest earned from the Police Confiscation Trust Fund is
authorized to be used for crime prevention, safe neighborhood, drug abuse education and
prevention programs, or for other law enforcement purposes; and
WHEREAS, the Chief of Police is authorized to expend these funds upon request to the
City of Miami Beach Commission, and only upon appropriation to the Miami Beach Police
Department by the City of Miami Beach Commission; 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 B), and the Guide to Equitable
Sharing of Federally Forfeited Property for Local Law Enforcement Agencies; and
WHEREAS, funds in the amount of $10,000 are available in the Police Confiscation
Trust Fund.
CURRENT INCREASE AMENDED
BUDGET BUDGET
STATE- $ 1,124,300 $ 10,000 $1,134,300
FEDERAL- $ 312,800 $ $ 312,800
TOTAL- $ 1,437,100 $ 10,000 $1,447,100
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, to set a Public Hearing for the
September 30, 2013 special City Commission meeting, adopting and appropriating the Fourth
Amendment to the Police Confiscation Trust Budget for Fiscal Year 2012/2013 in the amount of
$10,000, to be funded from the proceeds of State Confiscated Funds, for the appropriation and
expenditure of those items set forth in Exhibit "A," which shall be funded through the Police
Confiscation Trust Fund.
PASSED and A thO day of September, 2013.
ATTEST BY: �
INCORP ORATED OR A I HERRERA BOWER
AA
AS TO
NGUAGE
RAFAEL GRANA I TY LUTION
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T CITY ATTORNEY DOTE
COMMISSION ITEM SUMMARY
Condensed Title: r
A Resolution Setting A Public Hearing For The September 30, 2013 Special City Commission
Meeting,Adopting And Appropriating The Fourth Amendment To The Police Confiscation Trust
Budget For Fiscal Year 2012/2013 In The Amount Of $10,000, 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 2012 Community
Satisfaction Survey conducted by Kerr& Downs Research, the top areas the City should focus
resources to improve public safety are as follows: (1)Reduce homelessness(58%);(2)Increase
the visibility of Police in neighborhoods (47%); (3) Enforcing Traffic laws (40%); and (4)
Improving communications between residents and police (40%).
Issue:
Shall the Mayor and City Commission adopt and appropriate the fourth amendment to the Police
Confiscation Trust Fund Budget for Fiscal Year 2012/13?
Item Summa /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 2012/13 for the
payment of Legal and Administrative Fees in the amount of$10,000.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 Confiscation Funds:
2 $10,000 607-8000-351210 State Funds-Confiscation
3
4
OBPI Total $10,000
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Mauvett Rattigan, Miami Beach Police Department
Sign-Offs:
Department Director Assistant City Manager City Man?per
Raymond Martinez, Chief 1
ADEN A ITEM C7�
MIAMI - .,
� DATE l
NAIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
i
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me bers of the ity Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 11, 2013
SUBJECT: A RESOLUTION SETTING A PUB IC HEARING FOR THE SEPTEMBER 30,
2013 SPECIAL CITY COMMISSION MEETING, ADOPTING AND
APPROPRIATING THE FOURTH AMENDMENT TO THE POLICE
CONFISCATION TRUST BUDGET FOR FISCAL YEAR 2012/2013 IN THE
AMOUNT OF $10,000, TO BE FUNDED FROM THE PROCEEDS OF STATE
CONFISCATED FUNDS.
ADMINISTRATION RECOMMENDATION
Set the Public Hearing and Adopt the Resolution.
ANALYSIS
Florida Statute 932.7055 provides for expenditures of forfeiture funds for law
enforcement purposes.
The Miami Beach 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. The
City has complied with all statutory procedures involved in the transaction of these
funds.
There are legal and administrative costs incurred in the City Attorney's Office in claiming
and obtaining these funds. The Confiscation Fund will pay an additional $10,000 for
administrative fees associated with claiming and obtaining State-related confiscated
funds, including advertising and court reporting costs.
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 2012/13, in the amount of $10,000 to be funded from the proceeds of State
Confiscation Funds as listed in Exhibit"A".
JL WPM,M0_1W1 R
"EXHIBIT A"
MIAMI BEACH CONFISCATED TRUST FUND BUDGET
FOURTH AMENDMENT- FISCAL YEAR 2012/13
STATE CONFISCATION FUNDS AMOUNT
Cost connected with the prosecution and processing of State Forfeiture Cases $ 10,000
EXHIBIT "B"
CERTIFICATION
I, Raymond Martinez, 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 2012/2013 fiscal year providing funds for expenditures,
complies with the provisions of Section 932.7055(4)(x), Florida Statutes, and the Guide to
Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies.
Raymond Martinez, Chief of Police
Miami Beach Police Department
. 9 H 3
Date