HomeMy WebLinkAboutR-93-0777�'-93-853
10/17/93
REsoumw No. 9 3- 777
:. .•. ADOPTED SEPTEMBER 11, 1986, AS AbOMED,
• al ATING TO THE ALLOMT10N OF rtir •M FUNDS FRCM
1 1AW ENFORM= TRUST FUND FOR THE CCINTMATION OF
1 FIORYEITURE FUND DETAIL, THEREBY • r
ADDITICNAL ANDUNTOF •• ••• FRCM THEOF r r
LAW ENFORCMENT TRUSTD TO ••i r 1 ACTIVITIES
• n FORFEITURE ■ r r ••N SUCH COSTS AND
EXPENSES HAVING BEEN CERTIFIED BY THE CEIEF OF PCLICE
AS BEIM IN OCMPLMANCE V11H FLORIDA
932.7055.
WHEREAS, Florida State Statute 932.7055 authorizes the mature 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 the forfeiture proceeding; and
WHEREAS, the City Commission through Resolution No. 86-665, adopted
September 11, 1986, authorized the mature 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 property, payment of liens; the salaries
of a forfeiture attorney, a legal secretary, two property speoial.ists, an
aocount clerk, a typist Clerk, and admimistrative and/or investigative
positions; and specialized technical expertise, such as accountants,
CITY COVMSSION
KEETING OF
DEC 1 6 1993
Resolution No.
93- 777
investigators, appraisers, eto.;
as
well as
any
other justifiable
expense
associated with the forfeiture
of
property
as
de7..•lneated in the
Florida
Contraband Forfeiture Act; and
WHEREAS, state statue 932.7055 stipulates 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
M•1.ami. to continue funding the Forfeiture Fund Detail which is necessary for
the continuation of the administrative and investigative functions regai.red
for the obtainment of revenues for the Law Enforcement Trust Fund; and
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 923.7055; and
WHEREAS, funds to cover the necessary expenses and costs are available
in the City of Miami Law Enforcement Trust Fund;
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) of Section 5 of Resolution No. 86-665,
93- 777
2
j adopted September 11, 1986, as amended, is hereby amended in the following
particulars:l/
"Section 6. (a) Additional funding in an amount not to
exceed. $400.000. thereby inorwajng total &Uooations to $790,500
$1,195.500 is hereby allocated from the Law Enforcement Trust
Fund, Project No. 690001, Index Code 290904-996, to cover the
i 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 16 th day of December 1993.
t
SAFMW
i
i
P . , MAYOR
A ST:
ZqFTY
0
HIRAI , CITY aum
I
BUDGETARY REVIEW:
1
MANOHAR S. SURANA, R
DEPARTMENT OF BUDGET
PREPARED AND APPROVED BY: APPROVED AS TO FORM AND
CORRECTNESS:
I '
i
B. SMITH A. III
CHIEF ASSISTANT CITY AT10FdW CITY AT'0
77
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 93- 777
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
FROM : Cesar H . Odio
City Manager
DATE 4,11 J^ f)
29
P_
SUBJECT: Resolution Increasing
Allocations to the
Forfeiture Detail
REFERENCES:
ENCLOSURES:
FILE
It is respectfully recommended that the attached Resolution
allocating $400,000 from the City of Miami Law Enforcement Trust
Fund for the continuation of the Forfeiture Detail, be approved.
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 $400,000,
be approved. Funding is to be from the Law Enforcement Trust
Fund, Project No. 690001, Index Code 290904-996.
93- 777
t
AFFIDAVIT
STATE OF FLORIDA-.
SS
COUNTY OF DADE
Before me this day personally appeared Calvin Ross, who
being duly sworn, deposes and says that:
I, Calvin Ross, 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 continued fundinct of the
Forfeiture Detail, in an amount not to exceed $400.000, complies
with the provisions of Section 932.7055, Flori a Statutes.
I 4bL---
Calv' Ross
Ch' f of Police
ty of Miami Police Department
Subscribed and sworn to before me this day of Ce,7-P3 7 - ,
1993, by Calvin Ross, who is personally known to me.
NOTARY PUBLIC • E OF FLORIDA
AT LARGE
7z-7-.&--5; i/;T 1-fi1,OE2-
WARY PV4^, IC STATE OF FLORIDA
NY C0?44'S5I0'1 !'-y.P4b. AJGBRDED T!!^cU '. "2.1994
cc �g'S.
7a6 Tb -KNOWN ?7V M t
93- 777