HomeMy WebLinkAboutR-99-0194J-99-271
3/9/99
RESOLUTION NO. — 194
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE ALLOCATION OF ADDITIONAL FUNDS, IN
THE AMOUNT OF $493,000, TO CONTINUE THE ACTIVITIES
OF THE FORFEITURE FUND DETAIL, FOR THE DEPARTMENT
OF POLICE; ALLOCATING SAID FUNDS FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NOS. 690001,
690002, AND 690003, SUCH EXPENDITURES HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH
FLORIDA STATUTE 932.7055, AS AMENDED, AND THE U.S.
DEPARTMENT OF THE TREASURY "GUIDE TO EQUITABLE
SHARING."
WHEREAS, pursuant to Resolution No. 86-665, adopted September
11, 1986, the City Commission authorized the expenditure of
forfeiture generated monies from the Law Enforcement Trust Fund to
establish and operate a Forfeiture Fund Detail ("the Detail") to
provide administrative and investigative assistance related to the
seizure and forfeiture of property as delineated in the Florida
Contraband Forfeiture Act; and
WHEREAS, costs associated with the operation of the Detail
include those for court reporters, title transfers, filing fees,
transcripts, towing charges, payment of liens, salaries
(forfeiture attorney, legal secretary, property specialists,
typist clerk, accountants, investigators, appraisers), among other
justified expenses; and
WHEREAS, Florida Statute 932.7055, as amended, and the U.S.
CTPY COMMSSION
METZXG OF
MAR 2 3 1999
Resolution((Ni�o.
aJ J
Department of the Treasury "Guide to Equitable Sharing" provide
that monies from the Law Enforcement Trust Fund may be used for
the above costs; and
WHEREAS, it is in the best interest of the City of Miami to
continue funding the Forfeiture Fund Detail, whose efforts are
needed to obtain forfeiture revenues for the Law Enforcement Trust
Fund; and
WHEREAS, the Chief of Police has recommended adoption of this
Resolution and has certified that the proposed expenditures comply
with Florida Statute 932.7055, as amended, and the U.S. Department
of the Treasury "Guide to Equitable Sharing"; and
WHEREAS, funds to cover the necessary expenses and costs are
available in the City of Miami Law Enforcement Trust Fund, Project
Nos. 690001, 690002, and 690003;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The allocation of additional funds, in the
amount of $493,000, to continue the activities of the Forfeiture
Fund Detail, for the Department of Police, is hereby approved,
with funds therefor hereby allocated from the Law Enforcement
Trust Fund, Project Nos. 690001, 690002, and 690003, such
expenditures having been certified by the Chief of Police as
N
99- 194
complying with Florida Statute 932.7055, as amended, and the U.S.
Department of the Treasury "Guide to Equitable Sharing.,,
Section 3. This Resolution shall become effective
immediately upon adoption and signature of the Mayor11.
PASSED AND ADOPTED this 23rd day of _ March
1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2.36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of ten (10) day from the of Commission action
ATTEST: regarding same, without the Mayor WercisitX1a eto.
Wa er J n, City Clerk
WALTER J. FOEMAN, CITY CLERK
ZRO
A TO F AND CORRECTNESS l VILARELLO
CITY ATTORNEY
W3320:CSK
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date
it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon
override of the veto by the City Commission.
3
99- 194
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANbUM 17
The Honorable Mayor and. Members
To ` of the City Commission DATE: KAR 1 6 1999
FILE
( 4 SUBJECT: Proposed Resolution
FROM: Donald H. Warshaw Forfeiture Fund Detail
City Manager REFERENCES:
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the continued funding of the Forfeiture Fund Detail, in an amount not to exceed
$493,000.00, be approved. Funding is to be provided from the Law Enforcement Trust Fund,
Project Numbers 690001, 690002, and 690003.
BACKGROUND
The Miami Police Department was authorized through Resolution No. 86-665, adopted September
11, 1986, the expenditure of forfeiture generated monies for the establishment of a Forfeiture Fund
Detail. Florida State Statute 932.7055 provides for the utilization of Law Enforcement Trust Fund
monies towards expenses related to the operation of the forfeiture fund, and those necessary and
legitimate costs related to forfeiture actions, such as title transfers, filing fees for forfeiture
hearings, court reporters, hearing transcripts, towing charges for forfeiture seized property, and
payment of liens. Additional authorized expenditures include the salaries of forfeiture attorney(s),
a Legal Secretary, two Property Specialists, a Typist Clerk, and administrative and/or investigative
Positions and specialized technical expertise, such as accountants, investigators, appraisers, and
any other justifiable expense associated with the forfeiture of property as delineated in the Florida
Contraband Forfeiture Act.
It is in the best interest of the community and the City of Miami to continue funding the Forfeiture
Fund Detail, which is necessary for the continuation of the administrative and investigative
functions required to obtain revenues for the Law Enforcement Trust Fund.
.0
DHW: WEO:Imr
09 1.n4
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Donald H W
TO:
arshaw
City Manager
FROM: William E. O'Brien
Chief of Police
r r
DATE: FE3 1 _ �c.�r`I
FILE
SUBJECT: Forfeiture Fund Detail
REFERENCES:
ENCLOSURES:
The Police Department has verified that funds are available with the Department of Management &
Budget, for a contribution for the continued funding of the Forfeiture Fund Detail, in the amount of
$493,000, from the Law Enforcement Trust Fund, Project Numbers 690001, 690002 and 690003.
BUDGETARY REVIEW AND APPROVAL
�13�91
Dipak M. Parekh, Director
Department of Management &
Budget
WEO:Imr
City of Miami
Management & Budget
D7 � Date ,•G�
4'> jOc4!'�y�giGS^5° .�:�O�cA-y�-7(y7
/vy`'o�.5 ➢i 1'J/ fj � Jay
vailable In account number:
Wdfled by: SIGNATURE
AFFIDAVIT
STATE OF FLORIDA:
: SS
COUNTY OF DADE :
Before me this day personally appeared William E. O'Brien who being duly sworn,
deposes and says that:
I, William E. O'Brien, Chief of Police, City of Miami, do hereby certify that this request
for expenditure from the City of Miami Law Enforcement Trust Fund, for the financing of the
Forfeiture Fund Detail in an amount not to exceed S493 000.00 complies with the provisions
of Section 932.7055, Florida Statutes, and the U. S. Department of Treasury's "Guide to
Equitable Sharing."
William E. O'Brien
Chief of Police
City of Miami Police Department
Subscribed and sworn to before me this 1,� day of reb,-uc,
1999,
by William E. O'Brien, who is personally known to me.
NOTARY PUBLIC C
STATE OF FLORIDA
AT LARGE
1FPYpG ERLINA PEREZ
r� COMMISSION Ir CC 680204
C` EXPIRES SEP 14, 2001
!� BONDED TMRU
aTLANTIC BONDING CO.. INC
99- 194