C7E-Adopt First Amendment To The Police Confiscation Trust Budget For FY 2012-13COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution adopting and appropriating the First Amendment to the Police Confiscation Trust Fund
Budget for Fiscal Year 2012/13 in the amount of $130,000, to be funded from the proceeds of Federal
Confiscated Funds.
Key Intended Outcome Supported:
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community
Satisfaction Survey results, 47% of residents chose "increasing police visibility in neighborhoods" as the
second most popular method for improving public safety. One of the three key drivers that impact how
residents rate quality of life in the City of Miami Beach is ratings for safety.
Item Summary/Recommendation:
The Miami Beach Chief of PoHce, 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.
As part of the Miami Beach Police Department's (MBPD} involvement on the Internal Revenue Service
Financial Investigations Strike Team (HIDTA), the MBPD participates in revenue sharing under forfeiture
proceedings. On June 20, 2012, the South Florida Asset Sharing Fund held a meeting to discuss revenue
sharing among participating agencies, and recommendations were made as to how these funds would be
expended.
As a result, the Miami Beach Police Department was approved to receive $120,000 for 3 vehicles and
$10,000 for technology upgrades for the Officer assigned to the Strike Team {Exhibit A).
Advisory Board Recommendation; I N/A
Financial Information:
Source of Amount Account
Funds: 1 I Confiscation Funds:
!
~ $130,000 603-8000-351211 Federal-Justice funds
-;t~-. '
-Jvl l
OBPI Total $130,000
Financial Impact Summary:
c· Clerk's Office Legislative Tracking:
Mauvett Rattigan, Miami Beach Police Department
Si n-Offs:
Department Director
Ra mend Martinez, Chief
MlAMfBEACH
Assistant City Manager
235
/
AGENOAtTEM
DATE
e:1t=
J-/h--!3
MIAMI BEACH
City of Miami Beach, 1700 Convanlion Center Drive, Miami Beach, Florida 33!39, www.miomibaachfLgov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM, Kathie G. Brooks, Interim City Manage~/~~ ;L-.
DATE: January 16, 2013
SUBJECT: 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 BUDGET
FOR FISCAL YEAR 2012/2013 IN THE AMOUNT OF $130,000, TO BE
FUNDED FROM THE PROCEEDS OF FEDERAL-JUSTICE CONFISCATED
FUNDS IN THE AMOUNT OF $130,000, FOR THE APPROPRIATION AND
EXPENDITURE OF THOSE ITEMS SET FORTH IN EXHIBIT "A," WHICH
SHALL BE FUNDED THROUGH THE POLICE CONFISCATION TRUST
FUND.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Florida Statute 932.7055 provides for expenditures of forfeiture funds for law
enforcement purposes. The Miaml 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.
As part of the Miami Beach Police Department's (MBPD) involvement on the Internal
Revenue Service (IRS) Financial Investigations Strike Team (HIDTA), the MBPD
participates in revenue sharing under forfeiture proceedings. The South Florida Asset
Sharing Fund Steering Committee acts as a governing body, which determines revenue
sharing amongst participating agencies and meets on a quarterly basis. The South
Florida Asset Sharing Fund Steering Committee acts as a governing body, which
determines revenue sharing amongst participating agencies and meets on a quarterly
basis.
Aside from the funds provided directly to participating agencies, three (3) percent is set
aside from every forfeiture and placed into a fund for HIDTA. These funds are allocated
for use by HIDTA.
On June 20, 2012, the South Florida Asset Sharing Fund Steering Committee held their
meeting to discuss revenue sharing of unanticipated funds made available from HIDTA's
three (3) percent share among participating agencies. These funds are in excess of the
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individual agencies allotment. Since these unanticipated funds were initially allocated for
HIDT A, the Steering Committee determines how the funds will be distributed and for
what purpose.
In addition, the Strike Team Commander provided his recommendations as to how these
funds would be expended, in accordance with the IRS's preference to fund purchases of
high value tangible assets with these monies. This process was vetted through the
Treasury Executive Office for Asset Forfeiture and the United States Department of
Justice.
The Commander's recommendations were unanimously approved by the committee,
which is composed of the Town of Medley Police Chief, Village of Miami Shores Police
Chief, Village of Virginia Gardens Police Chief, Miami-Dade Drug Taskforce Commander
and Miami Beach Criminal Investigations Unit Captain.
As a result, the Miami Beach Police Department was awarded $120,000 for three (3)
utility vehicles and $10,000 for technology upgrades for the Officer assigned to the Strike
Team (Exhibit A). The expenditures outlined in this amendment meet the Federal
Guidelines for equitable sharing, and are for the purchase of specialized equipment, that
goes above and beyond what the City currently provides the department.
The three (3) utility vehicles purchased with these funds will be assigned to the MBPD
Canine Unit to provide the most up to date technology with regards to the canine vehicle
cage and bailout system, while at the same time, providing handlers the ability to carry
more equipment, as well as a safer environment to transport the canine. This purchase
will allow the Canine Unit to assign these unmarked utility vehicles with specialized
canine cages to the passive alert dog handlers, as well as a full service dog handler, for
the purpose of narcotics detection and other special details. This purchase will eliminate
the need to replace three (3) K-9 vehicles and maintain the Miami Beach Police
Department's fleet at the current level.
In addition, 20% of the shared revenue must be set aside for technology upgrades for
the Detective assigned to the Strike Team and their department. As a result, the
expenditure will include a laptop computer for the assigned Detective, an iPad, digital
camera, a pair of binoculars and seventeen (17) 22" inch monitors for the Criminal
Investigations Unit.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the First
Amendment to the Operating Budget for the Police Confiscation Trust Fund for Fiscal
Year 2012/13, in the amount of $130,000 to be funded from the proceeds of Federal
Confiscation Funds as listed in Exhibit "B", and authorize the expenditures as approved
by the South Florida Asset Sharing Fund.
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KGB/RM/MO/DM/MI'{
237
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 BUDGET FOR FISCAL YEAR
2012/2013 IN THE AMOUNT OF $130,000, TO BE FUNDED
FROM THE PROCEEDS OF FEDERAL-JUSTICE
CONFISCATED FUNDS IN THE AMOUNT OF $130,000, 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 8), and the Guide to Equitable
Sharing of Federally Forfeited Property for Local Law Enforcement Agencies; and
WHEREAS, funds in the amount of $130,000 are available in the Police Confiscation
Trust Fund.
CURRENT INCREASE AMENDED
BUDGET BUDGET
STATE-$ 1,019,300 $ 0 $1,019,300
FEDERAL-$ 182,800 $ 1301000 § 312,800
TOTAL-$1,202,100 $130,000 $1,332,100
NOW, THEREFORE, BE IT DULY RESOLVED BY 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 2012/2013 in the
amount of $130,000, to be funded from the proceeds of Federal Justice 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 ADOPTED this ___ day of January, 2013.
ATTEST BY:
MAYOR MA TTl HERRERA BOWER
RAFAEL E. GRANADO, CITY CLERK
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SOUTH FLoRIDA AsSET SHARING FuND-IRS CoMPONENT
JUNB 20~ 2012 MEETING
A meeting of the South Florida Asset Sharing Fund was held at the South Florida HIDTA facility
in Mira:m.ar. The meeting was called to order at 9:50 a.m. on June 20t 2012 by Timothy Wagner,
Director! South Florida HIDTA. Self introductions were made by those present. A copy of the
meeting roster is attached as part of these minutes.
Timothy Wagner explained the concept and history of the fonnatiQtl of the HIDTA forfeiture
fund~ the reasons for a separate fund for each federal lead agency. He explained that the members
of the IRS 1\utd are ftee to make expenditures a8 they see fitJ as long as they oonfonn to
DOTIDOJ Forfeiture Fund rules and regulations as they relate to the use of asset sharing. He
further stated that Monroe County SherlffiJ Office can no longer purchase on behalf of an agency
because according fu DOJ MCSO is responsible in out years for tracking the items purohased. As
a result, when equipment not being retained and inventoried by HIDTA is being purchased
Monroe County Sheriffs Oftloe (MCSO) will either give the agency a oheok up front or
reimburse the agency once the purchase has been made. "TT ~ ~ ff\i. fb
# t 3o ouD Cliff Lockwood, SSA, IRS made the fullowing recotntntm.dations to the committee. •
To_tal recommended purchases-$823,000.00
Mr. Lock~ood asked if there was a commitment letter to give eool1 agency. Mr. Wagne1· stated
· MCSO has a "Sharing of Federally Forfeited Property" application that each agency will need to
submit. James Chohoniss Cbie.( Virginia Gardens Police Department asked what was the turn
aro·und time for the appli.oation and Mr. Wagner stated it usually takes between 1 to ·2 weeks for
MCSO approval but can take longer in some cases. Mr. Lockwood recommended to all
participating agencies to make sure they have a valid agreement betw~ their agency and DOJ.
A ~otion to approvG the recommendations made by Mt. Lockwood was 1tUld.e by Jeanette Said,
Chief, Medley Police Department and seconded by Rick Clements, Captain. Miami Beach Police
. Department wes voted on and unanimously passed by the board.
Themeetingwasadjoumedat 10:15 am.
239
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MONROE COUNTY SHERIFF'S OFFICE tf 13o~OOO·o0 I
SHARING OF FEDERALLY FORFEITED PROPERTY
NamoofOrganizrion: M!aml Beach Pollee
Department
Address: Miami Beach Police Headquarters. Phlme Number; 305.673.7925
· 1100 Washington Avenue NC\t.: fL~ OlS0100
Miami Beach, Fl33139
Conll!Gt Name: Raymond A Martinez, Chief of
Pollee
FIIXNuulbe~; 305.673.7867
'l'ype Of ,Entity:
State, County. or Local Goverrunent Department or Agency
Private. nonprofit organization, pursuant to 26 U.S.C. 501(c)(3) or (4)
Chook:One
[ X 1
[ 1
Other (PleilSC tlesiribe): · ..... --·-[ ]
Mtivity!Minlon of Entity (i.e., drug ab\lse treatroent, drug'alld ertme prevention, provtdl"G bouslllg, providing job skiUi, 1\te). Please be as duerlptlve a&~
The Miami Beach Pollee Department·(MBPD) Is a fully accredited law enforcement agency, which is dedicated to
pursuing every opportunity and engaglng all challenges as part of this organization's on-going quest for
excellence. With the continued growth In the popularity of Miami Beach as a destination of choice for out of town
and local visitors alike, the Police Department Is tasked with balancing the needs of the residential population with
those of business and visitors. MBPO is focused on ensuring the public safety, with a focus on community
policing. ·
Based on the recommendations of the June 20,2012 South Florida Asset Sharing Fund (IRS Component)
meeting, the MBPD is submitting a request for the purChase of three (3} utility vehicles, which will be assigned to
' the K9 Unit. The cost of each vehicle is $40,269.66 {including $29,649 for the vehicle, $9,895.66 for necessary
equipment and accessories and $675 for fleet markings). The monies will be spent on purchasing three K9
vehlcl$s as additions for the Miami Beacl'l Police department's current fleet. These vehicles will have the most up
to date teChnology with regards to the K9 cage and bailout system. ThJs Is the first time MBPD is deptoylng utility
vehicles for this type of pollee service. The lntentlon ls to provide the K9 handler the ability to carry additional
equipment, and at the same time, haVe mare room for the 'K9 within the vehicle. This wilt also provide a safer
environment to transport the K9.
As soon as the shared monies are allocated, MBPO will move forward with the purchase through the City's
procurement process and should have the 3 vehicles deployed as part of the departmenfs fleet during the first
quarter of Fiscal Year 2013.
In addition, MBPD proposed the following expenditures for technological upgrade& ($10,000) as follows;
• 1 Dell latitude E6530m with five (5) year warranty and printer for $3,985.00
• 1 Apple iPad with WiFi, 32GB, With tw'o (2) year warranty for $776.00
• 1 Celebrite Software upgrade with extended warranty for one (1) year for $999.00
• 1 Nlkon 090 Oigitaf Camera with 18-105mm DX VR and.70--300mm tenses for$1.325.00
• 1 Nikon Monarch 5 ATB 8x42mm Binocular~7542 for $230.00.
• 17 Dell Professional P2213-22 inch Monitor with LED and three (3) year warranty for $2,703.00
These upgrades will allow MBPD's assigned Taskforce Officer to work more effectively and efficiently, as we\1 as
maintain better communications with the dep~rtrrent,.,.~1 ~oon as the shared monies are allocated, MBPD will
move foiWard with the purchase through the q~y~ _pr~:n::ur~melilt process and should receive the Items during the
first quarter of Fiscal Year 2013. \Cl\i\~l~~§~ i. \1>~(1;)(') , 00
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Delllll aetMty•s ~ to t'ilrtherlng law euforcement ettoru. For~xample, direct w.aectlon ~payiag for lnformatlsn), prevelltah Cllllneeliou {dr11g
awartm• program). or dtvefopmental wnaUt:tioa (funding lltw ellfon:tll\ertt awarellll&ll in• youf!l program),
The proposed expenditures have a direct connection to furthering taw enforcement efforts. The purchase of tne
three (3) K9 utility vehicles will allow MBPD to deploy officers into the field, with the added benefit of additional
equipment as well as comfort for the K9. In turn. this wiU allow the officer and their K9 partner to better seNe both
MBPO and other area agencies who request assistance. The technological upgrades also have a direct
connection to furthering law enforcement efforts as these upgrades will supply the necessary tools for MBPD's
assigned Taskforce Officer, as well as the Criminal Investigations Unit, to conduct the necessary case research
and management.
wm tile graat moole~~l'\I!JIIMetl lit. \!led u matehtng tundJ for anothtl' grant.
No other grant funding will be utilized for this purchase.
1
1 MBPD reviewed the approved department budget for Fiscal Year 2012~2013, as well as available grant monies.
However, current appropriations and grant funding are not available for these expenditures.
I
i
I
·i
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I hereby certify:
1. All fnfor.mation included in this-application is true. ,
2. A sepanrte accounting of an shared funds received will be maintained subject to acoounting requirements and practices employed
under state Wld local law for :recipients of federal, state, or local funds.
3. Compliance with Federal Civil Rights laws. ·
4. Compliance with all :fuderal laws that apply to the applicant.
S. No officer, director, trustee, fiduciary oftl:te applicant lias been:
a) convioted of a felony offense under federal or state law; or
b) convicted of any drug offense.
6. No sbared benefJ.ts will be used for political orper801lal purposes.
1. No shared benefit will be used for any purpose that would conlltitate an improper or illegal use under the lawS; rules, regulations, or
orders of the state or local jur:isdiotion in which the applicant is located otopertlte$.
8.
I agree to comply with the follawJng ,Additional South Ftorhla Asset Sharing Fulld requirements:
Funds are provided on a reitnburilable basis.
Reimbun.imtent ciaims must be submitted wilhin two months of an erxpendif.ure
Grants are :lbr one year (364 days) only. After tbe grant period ends, unex}lended funds w.ilJ. be forfeited. CR.ei!nned to the South
Florida As.'it~t Sharing Fund). . .
l agree to report enforcement reSUlts achieved with the use of any awarded funds in the manner prescribed by tlle South Florida Asset
Sharing Fund Board ofDlrectors.
Commenll! R.egardlng D~sion
242
Approval~] I
Comments Regllrd v
n &low To Be Completed By MCSO Personnel
~=ZJ
Approval [ V J Denial [ ]
Comments hgarding Decision:
ll}Olftl ... At.. Pef.4ntrfttbiG ~mvr;.e;:s -:n.t,,nc.p-~e.:;: ~
...
Committee Approvals and Statement:
Signature:._---------PrlntedName:. __ ~--······--Pate:._~-
S~nature:. ______ _
Signai.Ut'e: ___ ~.....__.·~---Printed Name: ________ Date:. __ _
----~---PrlntedNamc:. _______ Date: __ _
Signature:. __________ Printed Name:. _______ Date:. __ _
Comments:
243
l Statement By Chief Law Enforcement Officer:
244
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)(a), Florida Statutes, and the Guide to
Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies.
Raymond Martinez, Chlef of Police
Miami Beach Police Department
Date 1 1
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