C7S-Adopt First Amendment To Police Confiscation Trust Fund Budget For FY 11-12COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida adopting and
appropriating funds the first amendment to the Police Confiscation Trust Fund Budget for Fiscal Year
2011/12 in the amount of $41,000 for the appropriation and expenditure which shall be funded from the
_p_roceeds 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
lncreasinQ Visibility of Police in Neighborhoods 32.4%,
Issue:
Shall the Mayor and City Commission adopt and appropriate funds for the Fiscal Year 2011/12 Police
Confiscation Trust Fund Budget?
Item Summary/Recommendation:
The Miami Beach Police Department (MBPD) in conjunction with the United States Secret Service (USSS),
seized a 2008 Mercedes Benz CL550 under case number 2011-91260 for fraudulent activity. The
defendant was criminally charged for various felony offenses by the Miami-Dade State Attorney's Office.
The criminal case has been criminally resolved by a plea agreement acceptable to the City of Miami Beach
and the State Attorney's Office. The plea agreement stipulated the defendant must surrender any right,
title or interest in the above described vehicle to the City of Miami Beach. As mandated by the Florida
Contraband Forfeiture Act, the City of Miami Beach is legally required to notify the bona fide lienholder
Mercedes Benz Financial Services, USA, LLC of the seizure by the MBPD and the subsequent forfeiture
proceedings pursuant to the Florida Contraband Forfeiture Act. Mercedes Benz Financial Services by and
through its counsel, and the City of Miami Beach Attorney's Office, reached a settlement agreement that is
in the best interest of all parties. This agreement will include the City of Miami Beach purchasing the
vehicle for $41,000. The vehicle has a resale value of approximately $76,000. Once this agreement has
been fully executed, arrangements will be made to sell the vehicle which has a potential revenue from the
sale of $35,000.
Advisory Board Recommendation:
Financial Information·
Source of Amount Account
Funds: 1 Confiscation Funds:
2 $41,000 607-8000-351210 State funds-Confiscation
3
4
OBPI Total $41,000
Financial Impact Summary:
NA
Ci Clerk's Office Le islative Trackin :
Mauvett Rattigan, Miami Beach Police Department
Si n-Offs:
Assistant City Manager
C9 MIAMlBEACH t..7S
299 IZ --/Ct-t (
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
MEMO# COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 14, 2011
SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APOPTING AND APPROPRIATING THE
FIRST AMENDMENT TO THE POLICE CONFISCATION TRUST FUND
BUDGET FOR FISCAL YEAR 2011/2012 IN THE AMOUNT OF $41,000.00,
FOR THE APPROPRIATION AND EXPENDITURE, WHICH SHALL BE
FUNDED FROM THE PROCEEDS OF STATE CONFISCATED FUNDS.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
ANALYSIS
The Miami Beach Police Department (MBPD) in conjunction with the United States Secret
Service (USSS), seized a 2008 Mercedes Benz CL550 under case number 2011-91260 for
fraudulent activity. The defendant was criminally charged for various felony offenses by the
Miami-Dade State Attorney's Office. The criminal case has been criminally resolved by a plea
agreement acceptable to the City of Miami Beach and the State Attorney's Office. The plea
agreement stipulated the defendant must surrender any right, title or interest in the above
described vehicle to the City of Miami Beach. As mandated by the Florida Contraband Forfeiture
Act, the City of Miami Beach is legally required to notify the bona fide lienholder Mercedes Benz
Financial Services, USA, LLC of the seizure by the MBPD and the subsequent forfeiture
proceedings pursuant to the Florida Contraband Forfeiture Act. Mercedes Benz Financial
Services by and through its counsel, and the City of Miami Beach Attorney's Office, reached a
settlement agreement that is in the best interest of all parties. This agreement will include the City
of Miami Beach purchasing the vehicle for $41,000. The vehicle has a resale value of
approximately $76,000. Once this agreement has been fully executed, arrangements will be
made to sell the vehicle which has a potential revenue from the sale of $35,000.
JMG/~
300
Certification
I, Raymond Martinez, Acting 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.
Raymond Martinez, Acting Chief of Police
Miami Beach Police Department
Date 7
301
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND
APPROPRIATING THE FIRST AMENDMENT TO THE POLICE
CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR
2011/2012 IN THE AMOUNT OF $41,000.00, FOR THE
APPROPRIATION AND EXPENDITURE, WHICH SHALL 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 expenditure of the Police
Confiscation Trust Fund; and
WHEREAS, the City of Miami Beach and Mercedes-Benz Financial Services, USA, LLC,
referencing the loan account of Cenor Clauvens, Account No. 1024596629, desire to resolve
and settle all pending disputes, claims and counterclaims between them, including without
limitation, all claims and counterclaims that were or could have been asserted in this forfeiture
proceeding captioned as In Re: Forfeiture of 2008 Mercedes CL550, VIN No.
WDDEJ71X38A015577 (the "Vehicle"), or any other civil case, past, present, or future, without
any party admitting liability, as set forth herein; and
WHEREAS, the Parties believe it would be in their best interests, and the interests of the
citizens and residents of Miami Beach to agree to the provisions of the settlement of this matter,
which would allow the City of Miami Beach to recoup approximately $35,000.00 in equity from
the sale of the Vehicle; and
WHEREAS, the Settlement Agreement, attached as Exhibit "A," sets forth the mutual
agreements, undertakings and representation by the City of Miami Beach, and Mercedes-Benz
Financial Services, USA, LLC, which agrees to accept $41,000.00 as full compensation for the
Vehicle as the bona fide lien holder; 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 $41,000.00 are available in the Police Confiscation
Trust Fund.
STATE-
FEDERAL-
TOTAL-
CURRENT
BUDGET
$416,800
530,000
$946,800
INCREASE
$41,000
$41,000
302
AMENDED
BUDGET
$457,800
530.000
$987,800
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 first amendment to
the Police Confiscation Trust Fund budget for fiscal year 2011/2012 in the amount of
$41,000.00, for the appropriation and expenditure, which shall be funded from the proceeds of
State confiscated funds.
PASSED and ADOPTED this ___ day of December, 2011.
ATTEST:
MAYOR MATTI HERRERA BOWER
ROBERT PARCHER, CITY CLERK
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