HomeMy WebLinkAboutR-97-0616J-97-599
8/25/97
RESOLUTION NO. 9 a 616
A RESOLUTION AMENDING SECTION 5 OF RESOLUTION NO.
86-665, ADOPTED SEPTEMBER 11, 1986, AS AMENDED,
RELATING TO THE ALLOCATION OF ADDITIONAL FUNDS FROM
THE LAW ENFORCEMENT TRUST FUND FOR THE CONTINUATION
OF THE FORFEITURE FUND DETAIL, THEREBY ALLOCATING AN
ADDITIONAL AMOUNT OF $430,000 FROM THE CITY OF MIAMI
LAW ENFORCEMENT TRUST FUND TO CONTINUE THE ACTIVITIES
OF SAID FORFEITURE FUND DETAIL, SUCH EXPENDITURES
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN
COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055, AS
AMENDED.
WHEREAS, Florida State Statute 932.7055, as amended, authorizes the expenditure of Law
Enforcement Trust Fund monies for the payment of costs incurred in.forfeiture proceedings and for
the payment of the balance due on any lien preserved by the court in forfeiture proceedings; and
WHEREAS, the City Commission, pursuant to Resolution No. 86-665, adopted September
11, 1986, authorized the expenditure of forfeiture generated monies for the establishment of a
Forfeiture Fund Detail to assume the payment of expenses related to the operation of the forfeiture
fund and those necessary and legitimate costs related to forfeiture actions, such as title transfer,
filing fees for forfeiture hearings, court reporters, hearing transcripts, towing charge for forfeiture
seized property, payment of liens, the salaries of a forfeiture attorney, a legal secretary, two
property specialists, an account clerk, a typist clerk, and administrative and/or investigative
positions and specialized technical expertise, such as accountants, investigators, appraisers, etc., as
well as any other justifiable expense associated with the forfeiture of property as delineated in the
Florida Contraband Forfeiture Act; and
WHEREAS, Florida State Statute 932.7055, as amended, provides that the Law
Enforcement Trust Fund may be used for the above stated costs; and
CITY COMOSSION
MEETING OF
SEP 0 9 1997
Resolution No.
97— 616
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WHEREAS, 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; and
WHEREAS, the Chief of Police has recommended adoption of this Resolution and has
certified that the expenditures proposed comply with Florida State Statutes 932.7055, as amended;
and
WHEREAS, funds to cover the necessary expenses and costs are available in the City of
Miami Law Enforcement Trust Fund;
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. Subsection (a), Section 5 of .Resolution No. 86-665, adopted September 11,
1986, as amended, is hereby amended in the following particulars:'
"Section 5. (a) Additional funding in an amount not to exceed $430,000,
thereby increasing total allocations to $34526,504 $2,056,500 is hereby allocated
from the Law Enforcement Trust Fund, Project No. 690003, torrnlrer the necessary
P. r®o, ,& P
expenses associated with the continuation of the Forfeiturd Fund Detail, upon such
costs having been approved by the Chief of Police."
Section 3. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 9 th day ofSeptember , 1997.
ATTEST:
WALTER FO AN
CITY CLE
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged
material.
2-
97- 616
777i
DI AK PAREKH, DIRECTOR
BUDGET & MANAGEMENT ANALYSIS
PREPARED AND APPROVED BY:
CHARLES C. MAYS
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JONES/ III
TY ATT
W1818:CS
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9' - 616
CITY OF MIAMI, FLORIDA 36
t
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members DATE : AUG 2 7 _ . FILE
of the City Commission
SUBJECT: Proposed Resolution
FROM: Edward M qu REFERENCES: Forfeiture Fund Detail
City Manager ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that a Resolution authorizing the continued funding of the
Forfeiture Fund Detail, in an amount not to exceed $430,000.00, be approved. Funding is to be
provided from the Law Enforcement Trust Fund, Project Number 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 the 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,
payment of liens; the salaries of forfeiture attorney, a legal secretary, two property specialists, an
account clerk, a typist clerk, and administrative and/or investigative positions and specialized
technical expertise, such as accountants, investigators, appraisers, etc.; as well as 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.
97 - 616 1
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AFFIDAVIT
STATE OF FLORIDA:
: SS
COUNTY OF DADE :
Before me this day personally appeared Donald H. Warshaw who being duly sworn,
deposes and says that:
I, Donald H. Warshaw, 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 $430,000.00, complies with the provisions
of Section 932.7055, Florida Statutes,
, 14A o;:: : �
onald H. Warshaw
Chief of Police
City of Miami Police Department
Subscribed and sworn to before me this day of �, [,C( , 1996,
by Donald H. Warshaw, who is personally known to me.
NOTARY PUBLIC
STATE OF FLORIDA
AT LARGE
.,p,RY PUS OFFICIAL NOTARY SEAL
2 CECILIA DARLEY
COMMISSION NUMBER
OF Fl-Oq MY OMMISS ON4 EXP.
97- 616
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