R7K-Adopt 4th Amendment To FY 2012-13 Police Confiscation Trust BudgetCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Adopting And Appropriating The Fourth Amendment To The Police Confiscation
Trust Budget For Fiscal Year 2012/20131n 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.
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 Bud et for Fiscal Year 20 12/13?
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 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:
Financial Information:
Source of Amount Account
Funds: 1 Confiscation Funds:
fo· 2 $10,000 607-8000-351210 State Funds-Confiscation
e 3
4
OBPI Total $10,000
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin :
Mauvett Rattigan, Miami Beach Police Department
Assistant City Manager
MIAMI BEACH
249
AGENDA ITEM
DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Mem ers of the &~_'';mission
Jimmy L. Morales, City Manager 3~-·
September 30, 2013
A RESOLUTION 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.
ADMINISTRATION RECOMMENDATION
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".
JLM/~0/~
250
RESOLUTION NO.-----
A RESOLUTION 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.
STATE-
FEDERAL-
TOTAL-
CURRENT
BUDGET
$ 1,124,300
$ 312.800
$1,437,100
INCREASE
$ 10,000
$ __ _
$ 10,000
AMENDED
BUDGET
$1,134,300
$ 312.800
$1,447,100
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, adopting and appropriating the
Fourth Amendment to the Police Confiscation Trust Fund 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 ADOPTED this ___ day of September, 2013.
ATTEST BY:
RAFAEL E. GRANADO, CITY CLERK
MAYOR MATTI HERRERA BOWER
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
251
"EXHIBIT A"
MIAMI BEACH CONFISCATED TRUST FUND BUDGET
FOURTH AMENDMENT~ FISCAL YEAR 2012/13
STATE CONFISCATION FUNDS
Cost connected with the prosecution and processing of State Forfeiture Cases
252
AMOUNT
$ 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)(a), 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
Date
253
N CJ'I ~ ~ ·MIAMI HERALD I MiamiHerald.com NE THURSDAY, SEPTEMBER 19. 2013 I 13NE MIAMI BEACH. CITY OF MIAMI BEACH NOTICE OF A SPECIAL CITY COMMISSION MEETING AND PUBLIC. HEARINGS NOTICE IS HEREBY given that a Special Commission Meeting regarding the Second Public Hearings to consider the adoption of the Millage Rate and Budget for FY 2013/2014 will be held by the City Commission of the City of Miami Beach, Florida, on Monday, September 30, 2013, commencing at 5:00 p:m., in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida to consider tha following: 5:01p.m. A Resolution Adopting: 1) The Final Ad Valorem Millage Of 5.8909 Mills For General Operating Purposes, Which Is Six Md Eight-Tenth Percent (6.8%) Mora Than The "Rolled-Back" Rate Of 5.5158 Mills; Md 2) The Debt Service Millage Rata Of 0.2529 Mills for Fiscal Year (FY) 2013/14. 5:01p.m. A Resolution Adopting Final Budgets For The General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, And Internal Service Funds For Fiscal Year (FY) 2013/14. 5:02p.m. A Resolution Of The. Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Adopting The Final Ad Valorem Millage Of 1.2687 Mills For Fiscal Year (FY) 2013/14 For The Normandy Shores Local Government District, Which Is Nineteen Percent (19.0%) More Than The "Rolled-Back" Rate Of 1.0664 MillS. 5:02p.m. A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Adopting The Final Operating Budget For Fiscal Year (FY) 2013/14. 5:03p.m. A Resolution Adopting The Final Capital improvement Plan For Fiscal Years (FY) 2013/14-2017/1 B Md Adopting The Final Capital Budget For FY 2013/14. 5:03p.m. . A Resolution Adopting Fiscal Year (FY) 2013/14 Final" Budgets For Special Revenue Funds For Resort Tax; The 7th Street Parking Garage Operations; The 5th And Alton Parking Garage Operations; Art In Public Places (AiPP). Tourism And Hospitality Scholarship Program, Green/ Sustilinabllity Funds, Waste Hauler Additional Services And Public· Benefit Contribution Funds, Education Compact Funds, Red Ugh! 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" " .5:03p.m. A Resolution Adopting The Police Confiscation Tnust Fund Final Budget For Fiscal Year (FY) 2013/14 In The Amount Of $724,000, To BA Funded From State Confiscated Funds In The Amount Of $235,000 Md Federal Justice Confiscated Funds In The Amount Of $489,000, For The Appropriation And Expenditure Of Those Items Sst Forth In Exhibit "A," Which Shall Be Funded Through The Police Confiscation Trust. 5:03p.m. . A Resolution Adopting The Fiscal Year (FY) 2013/2014 Police Training &School Resources Fund Final Budget In The Amount Of $3!),000. 5:03p.m. Resolution Adopting The Second Amendment To The General Fund, Enterprise, Internal Service Fund, And Spacial Revenue Fund Budgets For Fiscal Year (FY) 2012/13. 5:03p.m. A Resolution Adopting And Appropriating Tile Fourth Amendment To The Pollee Confiscation Tnust Budget For Fiscal Year 2012/2013 In The Amount Of $10,000, To Be Funded From The Proceeds Of State Conliscated Funds, For The Appropriation And Expenditure Of Those Items Set Forth In Exhibit "A," Which Shall Be Funded Through The Police Confiscation Trust Fund. · 5:04p.m. 1. Ordinance Amending Chapter 50 Of The City Of Miami Beach Code, Entitled "fire Prevention And Protection,·· By Amending Section 50-4 Thereof, Entitled "Enforcement By Fire Inspectors; Notice Of Violation," To Add Citations And IJTiplament New Fine Schedule Related To Fire Code Violations; By Amending Section 50-5 Thereof, Entitled "Annual Fire Prevention And Fire Safety Inspection Permit" To Include The Night Inspection Fee Previously Adopted Under Section 102.379 OfThe City Code. · 2. Ordinance Amending Chapter 102 Of The Code Of The City Of Miami Beach. Entitled "Taxation." By Deleting The Nightclub Fee S€11 Forth In Section 102.379, Entitled "Schedule Of Taxes, Effective October 1, 2.009". 5:04p.m. Ordinance Amending Chapter 50 Of The Code Of The City Of Miami Beac"h, Entitled "Fire Prevention And Protection," By Creating Section 50-8 Thereof, To Be Entitled "Fire Alarms, Regulations, Penalties, Enforcement" To Establ)3l'l ,. Requirements And Fines For False Fire Alanms. 5:04p.m. M Ordinance Amending Appendix A, Entitled "Faa Schedule" For Subsection (A) Of Section 110-168, Entitled "Sanitary Sewer Service Charge," Of Chapter 110 Of The Miami Beach City Code, Entitled "Utilities.' Article IV, Entitled "Fees, Charges, Rates Md Billing Procedure"; Division 2 Tharaof, Entitled "Rates, Fees And Charges," To Increase The Sanitary Sewer Service Charge Imposed By The City" 5:04p.m. ~ Ordinance Amending P.art I, Subpart B, Article IX, Related Special Acts, OfThe Miami Beach City Code Entitled "Pension System For Disability And Retirement Of Members Of Police And Fire Departments"; Implementing Provisions Of The 2012-2015 Collective Bargaining Agreements Between The City And Fire Fighters Of Mian:li Beach, IAFF Local 1510, And Miami Beac11 Fraternal Order Of Police, William Nichols Lodge No.8; Amending Section 62 Entitled "Delinitions"; Amending Section 63 Entitled "Source Of Monies For Fund; Computation Of Liability; Use And Investment Of Fund"; Amending Section 65 Entitled "Computation Of Creditable Service; Service Record"; Amending Section 66 Entitled "Service And Disability Benefits Generally"; Amending Section 67 Entitled "Cost Of Living Adjustment"; Amending Sect'1on 79 Entitled "Deferred Retirement Option Plan"; Amending Section 82 Entitled "Military Service"; Creating A New Section 88 Entitled "Benefits For Members Hired-On Or Alter September 30, 2013.