HomeMy WebLinkAboutR-94-0660t-
J-94-665
8/26/94
RESOLUTION NO. 9 4 - F fii 0
A RESOLUTION AMENDING SECTION 5, 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 OF SAID FORFEITURE
FUND DETAIL, UPON SUCH COSTS AND EXPENSES
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE
AS BEING IN COMPLIANCE WITH FLORIDA STATE
STATUTE 932.7055.
WHEREAS, Florida State Statute 932.7055 authorizes the
expenditure of Law Enforoement 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 through 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
transfers, filing fees for forfeiture hearings, court reporters,
hearing transcripts, towing charges for forfeiture seized
CITY CMLMSSION
ZaETING OF
SEP 0 8 19-M
RaeoWflon No.
94- 660
property, payment of liens; the salaries 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 Statue 932.7055.provides that the Law
Enforcement Trust Fund may be used for the above stated costs;
and
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, funds to cover these necessary costs and
expenditures have not been included in the Police Department's
normal operating budget; and
WHEREAS, the Chief of Police has recommended adoption of
this Resolution and determined that the expenditures proposed
comply with Florida State Statute 932.7055; 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 I. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
- 2 - 94- 660
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Subsection (a) of Section 5 of Resolution No.
86-665, adopted September 11, 1986, as amended, is hereby amended
in the following particulars:l
"Section 5. (a) Additional funding in an amount
not to exceed $400.e6 $430.000. thereby increasing
total allocations to $1,i6-1-500 $1,626,500 is hereby
allocated from the Law Enforcement Trust Fund, Project
No. 690001, Index Code 290904-996, to cover the
necessary expenses associated with the continuation of
the Forfeiture 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 8th day of September 1994.
TEPHEN P. CLARK, MAYOR
AT
MA TY HIRAI, CITY CLERK
BUDGETARY REVIEW:
(A
MANOHAR S. SURANA
ASSISTANT CITY MANA R
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. Remaining
provisions are now in effect and remain unchanged.
- .3 -
94- 660
PREPARED AND APPROVED BY:
' w
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
M4563/ABS/sls/csk
-4-
APPROVED AS TO FORM
AND CORRECTNESS:
A.' QU N d S I l I
CITY ATTO T
Y
94- 660
C
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
FROM : Cesar
City Vr
RECOMMENDATION:
C'k3
DATE . AUG 2 5 1994 FILE
SUBJECT: Resolution Increasing
Allocations to the
Forfeiture Detail
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the attached Resolution
allocating $430,000 from the City of Miami Law Enforcement Trust
Fund for the continued operation of the Forfeiture Detail, be
approved.
BACKGROUND:
The Miami Police Department seizes property used in the
commission of felonies by means of the Florida Contraband
Forfeiture Act. The Forfeiture Detail provides for the
maintenance and security of forfeited property; the
administrative activities required for the monitoring and
tracking of forfeiture revenues/expenditures; and the
investigative requirements in preparation for civil court
proceedings. Florida Statute 932.7055 provides that the Law
Enforcement Trust Fund may be used to fund forfeiture related
activities, such as title transfers, filing fees for hearings,
court reporters, leased vehicles, hearing transcripts, towing
charges for seized property, payment of liens, salaries for
support personnel, specialized technical expertise, and other
justifiable expenses associated with the forfeiture of property
as delineated in the Florida Contraband Forfeiture Act.
It is, therefore, recommended that the Resolution increasing
allocations to the Forfeiture Detail, in the amount of $430,000,
be approved. Funding is to be from the Law Enforcement Trust
Fund, Project No. 690001, Index Code 290904-996.
AF.F.r.DAVIT
STATE OF FLORIDAz
SS
COUNTY, OF DADE !
Before me this day personally appeared Donald N. Warshaw,
whu being duly swornn, deposes and says that:
I, Donald H. Waraha;w, Chief UC Police, City of Miami, tin
hereby certify that this request for expenditure from the City of
Miami Law Entorcement Tru9t Yund, for the continued funding of.
the Forfeiture De ail j__at an amount not to exceed $430, 000
Complies with the provisions of Section 932.7055, Florida
Statutes.
i.
t
I
lion Id 1f. Warshaw
Chief of Police
City of Miami Police Department
Subscribed and sworn to before nip this day of
1994, by DanaLld H. Warshaw, who icy pe:eoutally known to c.
/ a
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NOTARY PUBLIC, 46TA&EFLORIDJ�
AT LARGE
COMM. NO. eO- IV(?04? G,
My Commission Expires i
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9 4 - 660
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