HomeMy WebLinkAboutR-92-0407J-92-339 =
03/10/92
RESOLUTION NO. 9 2- 407
A RESOIUTION AMENDING RESOLUTION NO. 86-665, AS
MENDED, AND AUOCATING AN ADDITIONAL AMOUNT OF —
$246,500 FROM THE CITY OF MIAMI: LAW ENFORCEMENT TRUST
FUND TO CONTIMIE THE ACTIVITIES OF TILE FORFEITURE FUND
DETAIL, UPON SUCH COSTS AND EXPENSES HAVING BEEN
APPROVED BY THE CHIEF OF POLICE. —
WHEREAS, Florida State Statute 932.704(3)(a) 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 the forfeiture proceeding; and
wHEREA.S, 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 property, payment of liens; the salaries
of 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
CITY COMMSSION
MEETING OF,
JUN111992
Rewlution No.
92- 40'7
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WHEREAS, Resolution No. 86-665 was amended on November 19, 1987, by
Resolution No 87-996, and on July 26, 1990, by Resolution No. 90-597; and
WHEREAS,State statvtiL--932.704 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
Miami to continue funding the Forfeiture Fund Detail which is necessary for
the continuation of the administrative and investigative functions required
for the obtainment of 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 923.704; and
WHEP.EM, funds to cover the necessary expenses and costs are available
in the City of Miami Law Enforcement Trust Fund;
NOW, Z EFORE, BE IT RESOLVED BY THE C%VISSION OF THE CITY OF MI.AMI,
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,
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 $550,00 $796.500 is hereby allocated from the Law
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.
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92-- 407
El
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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 became effective .immediately upon its
adoption.
PASSED AND ADOPTED this l l th day of
Al
4Z
MAM HIRAI, CITY CLERK
Ar
LEGAL REVIEW:
i
ALBERTINE B. SMITH
CHIEF ASSISM Tr CITY AITMEY
•••,• a• • •• Mike; 1 .4 F�.
3 5 2- 4u7
CITY OF r:'IAr,1i FLORIDA ' -
INTER -OFFICE MEMORANDUM
�0 The Honorable Mayor and Members DATE All
p 2 3 1992 FILE
of the City Commission H
SUBJECT Resolution Increasing =_
a Allocations to the
Forfeiture Detail
FROM Cesar H. Odio REFERENCES
City Manager =_
-' ENCLOSURES =
=i
-i
R_COMENDATION
It is respectfully recommended that the attached Resolution
allocating $246,500 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 932.704 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 $246,500,
be approved. Funding is to be from the Law Enforcement Trust
Fund, Project No. 690001, Index Code 290904-996.
92- 407
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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 funding of the
:orfeiturp Detail _ in an amount not to ercead S246,500 complies
with the provisions of Section 932.704, Florida Statutes.
Calvin Ross
Chief of Police
City of Miami Police Department
Subscribed and sworn to before me this �'�-�' day of
1992, by Calvin Ross, who is personally known to me.
My Commission Expires:
PAULIn W. HALL
r6i
Ary Comm. an ezp Nov 18, IM
i
,
4TARY
PUBLIC STATE OF FLORIDA
LARGE
COMMISSION NO.: AA 617109
92-- 407
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