HomeMy WebLinkAboutR-90-05977/3/90 y�
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RESOLUTION NO.
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A RESOLUTION AMENDING RESOLUTION NO. 86-665,
AS AMENDED, AND ALLOCATING AN ADDITIONAL
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AMOUNT OF $300,000 FROM THE CITY OF MIAMI LAN -
ENFORCEMENT .. TRUST FUND TO CONTINUE THE �<
ACTIVITIES OF THE FORFEITURE FUND DETAIL,
UPON SUCH COSTS AND. EXPENSES HAVING BEEN �
APPROVED BY THE CHIEF OF POLICE.
WHEREAS, Florida State Statute Section 932.704(3)(a)
authorizes the expenditure of"Law Enforcement Trust Fund monies
a -
for the payment of costs incurred in forfeiture proceedings and
for the payment of the balance due on any lien preserved by the -
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court in the forfeiture proceeding; 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, -
.24-hour lease vehicle, hearing transcripts, towing charges for
forfeiture seized property, payment of liens; the salaries of two
property specialists, an account 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, Resolution No. 86-665 was amended on
November 19, 19871 by Resolution No. 87-996; and
WHEREAS, there has been an increased number of seizures and
with recent changes in the Florida Forfeiture Contraband Act
including the ability to seize real property, the Forfeiture Fund
Detail has a need for a Crime Analyst I and one Property
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Specialist; and
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W"ASI suite law stipulates that the Law Infereemnt Tftst
Fund may be used for the above stated costa; and
WHEREAS, funds to cover these necessary costs and
expenditures have not been included in the police Department'8
ttbiai orating budget; and
Wh AS, the Chief of Police has recommended adoption of
this -resioiution and determined that the proposed expenditures
comply with Florida State Statute Section 923.704; 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, FLORIDAa
Section .1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated.
Section 2. Subsection (b) of Section 5 of Resolution No. 86-
6650 adopted September 11, 1986, as amended, is hereby amended in
the following particulars:.1/
Section 5. (a)
tbt Additional funding in an
amount not to exceed two hundred and fif ty
fy
a550i000 is
hereby allocated from the Law Enforcement
Trust Fund, Project No. 690001, Index s.
Code 290904-996, and iche eity Manager is
hereby embitorized bo expend monies
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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 bUcome effective
immediately upon its adoption. F;
Words and/or figures stricken through shall be deleted.
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Underscored words and/or figures shall be added. Remaining
°f provisions are now in effect and remain unchanged.
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CI1`Y O� MIAMI, FLORIDA Y
1�1'tEq-OMC MEMORANDUM ..
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FILE
' o Honorable Mayor and Members DATE : JUL - 3 l�90
of'the • City Commis ion SUBJECT : proposed Resolution --
4 REFERENCES: ;
'ROM
Cesar H. Odio ENCLOSURES
City Manager -
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��rntYJttrtPHDATION s r
it is respectfully recommended that the attached resolution l`
allocating $300,000 from the City of Miami Law Enforcement Trust
Fund for the continuation of the Forfeiture Fund Detail, be
approved.the
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The Miami Police Department seizes property - used traband
- commission of felonies by means of the Florida Con,
Forfeiture Act.
The Forfeiture Fund Detail provides , ;'for the'
_ maintenance and security of forfsi ed pro�ertY.. _wthe zf;f
administrative activities required fo= the ' monitoring -and �r
tracking of forfeiture revenues/expenditures; and -the
investigative requirements in preparation for civil court -
proceedings. Florida Statute 932.704 provides that .the Laws
Enforcement Trust Fund may be used to fund forfeiture. related
activities, such as title transfers, filing fees for,hearings, 4
court reporters, leased vehicles, hearing tra.40ctipt$
of liens salaries for.
charges for seized property, payment ties and other -
charges ��.
support personnel, specialized, technical
-associated with the
exper
forfeiture
of: property
justifiable expenses
as delineated in the Florida Contraband Forfeiture .Act.
it is; therefore, recommended that the
Resolution
funditc3 the
be approved•
y.
nt of
Forfeiture Fund Detain, in the amou..
$300,040
Fund, Px4 ject No.
Funding is to -be from the Law Enforcement
Trust
690001,,Index Code 290904-996.
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I, Ferry L. Anderson, Jr., Chief of Police, City of Miami, do
hereby certify
that the aforementioned request for expenditures
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from the City
of Miami Law Snforcen►ent Trust Fund, for the
funding of the
igrfsitgre Fund Deta; l . at a cost of
complies with
the provisions of Section2.704, Florida
Statutes.