96-21908 RESO
RESOLUTION No. 96-21908
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING
THE FOURTH AMENDMENT TO THE POLICE
CONFISCATION TRUST FUND FOR FISCAL YEAR
1995/96, IN THE AMOUNT OF $442,000, TO BE
FUNDED FROM THE PROCEEDS OF CONFISCATED FUNDS
($20,000 FROM STATE FUNDS AND $422,000 FROM
FEDERAL FUNDS)
WHEREAS, Section 932.705, Florida Statutes, addresses the
purposes and procedures to be utilized for the appropriation and
expenditures of the Police Confiscation Trust Fund; and
WHEREAS, the Chief of Police of the city of Miami Beach has
determined that the need for expenditures and appropriation exists
and the expenditure or appropriation of forfeiture funds is in
compliance with Section 932.705, Florida statutes, and with Federal
guidelines; and
WHEREAS, such funds are available in the Police Confiscation
Trust Fund.
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 hereby adopt the Fourth Amendment to the 95/96
Police Confiscation Trust Fund Budget for the City of Miami Beach,
in the amount of $442,000, as reflected in the attached Exhibit
"A".
CURRENT
BUDGET
INCREASE
AMENDED
BUDGET
$1,815,135
$442,000
$2,257,135
PASSED AND ADOPTED THIS
March
, 1996.
ATTEST BY:
RaW e,^"~
city Clerk
FOHM l\PP
LEGAL DEPT.
By ~ 4IIdt~_
)...~~.t}6
Date ___c.____._._.
POLICE CONFISCATION TRUST FUND
FOURTH BUDGET AMENDMENT
FISCAL YEAR 1995/96
STATE FUNDS:
Reimbursement for protective vests
as follows: Nine (9) Heavy Body Armor
for K-9 officers at $890.00 each for
a total of $8,010 plus $11,990 for
reimbursement to newly hired Police
Officers. The contract between the
city and the FOP provides that the
city reimburse officers up to $450.00
for a bullet resistant protective vest.
SUB-TOTAL
FEDERAL FUNDS:
PHASE TWO OF THE POLICE DEPARTMENT
AUTOMATION PROGRAM
REIMBURSEMENT TO THE GENERAL FUND
FOR OVERTIME - The Police Department
has incurred in overtime expenses as a
result of compliance with the Consent
Decree as well as providing Police Officers
for specialized and/or protracted enforcement
activities that were not normal operating
expenses. These include overtime for the
South Florida Impact Program, the City PRIDE
Program, the Selective Traffic Enforcement
Program and the Manpower shortage caused by
the implementation of the Consent Decree.
SUB-TOTAL
GRAND-TOTAL
EXHIBIT 'A'
$20,000
$20,000
$122,000
300,000
$422,000
$442,000
AFFIDAVIT
I, Richard Barreto, 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 1995/96 fiscal year providing funds for expenditures as
indicated on Exhibit "A" complies with the provisions of section
932.704(3) (a), Florida statutes and with federal guidelines.
M tI.O .
Richard Barreto
Chief of Police
Miami Beach Police Department
;-27 -q ,
Date
CITY
OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. il/- q l..
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
March 6, 1996
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
REQUEST TO USE :IES FROM THE CONFISCATION FUND TO PROVIDE FOR THE
FUNDING OF P II OF THE POLICE DEPARTMENT AUTOMATION PROGRAM;
SETTING FUNDS ASIDE FOR THE ACQUISITION OF SPEC:IALIZED BULLET
RESISTANT PROTECTIVE VESTS AND REIMBURSEMENT OF BULLET RESISTANT
VESTS AND SETTJ:NG ASIDE FUNDS TO REIMBURSE THE GENERAL FUND FOR
OVERTIME EXPENSES INCURRED BY THE POLICE DEPARTMENT
(FOURTH AMENDMENT)
The Administration requests authorization to adopt the Fourth Amendment to the
operating Budget for the Police Confiscation Trust Fund for FY95/96 in the amount
of $442,000 ($20,000 from State Confiscated funds and $422,000 from Federal
confiscated funds) to be used to provide funds for the law enforcement
expenditures listed in Exhibit "A".
ADM:INISTRATION RECOMMENDATION
Approval of the Resolution.
BACKGROUND
Expenditure of forfeiture funds for law enforcement purposes under the federal
guidelines is a proper expenditure.
Florida statute 932.705 provides for, but is not limited to, expenditure of
forfeiture funds for crime prevention and other law enforcement purposes.
The Chief of Police of the City of Miami Beach has determined that the need for
expenditures and appropriation exist and the expenditure or appropriation of
forfeiture funds is in compliance with Section 932.705, Florida statutes.
CONCLUSION
The proper procedure has been complied with in accordance with Florida State
Statute 932.705.
In accordance with Florida Statute 932.705, forfeiture funds have been deposited
in the Police Confiscation Trust Fund and all other statutory procedures have
been complied with.
Forfeiture funds have been collected pursuant to Asset Sharing Agreements with
various Federal agencies pursuant to 18 USCA 981(e)2; 21 USCA 881(e) (1) (A) and
(e) (3); and/or 19 USCA 1616a and have been deposited in the Police confiscation
Trust Account.
JGP:RB:ep
~
AGENDA ITEM
C- 1 G-
3..~- 9~
DATE