HomeMy WebLinkAboutR-87-0996d-87-949
10/22/87
RESOLUTION NO. fl 7 -996.
A RESOLUTION AMENDING SECTIONS 1-5 OF
RESOLUTION NO. 86-668, ADOPTED SEPTEMBER 11,
1986, THEREBY ALLOCATING AN ADDITIONAL
AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000) FROM THE CITY OF
MIAMI LAW ENFORCEMENT TRUST FUND AND BY
AUTHORIZING CONTINUED FUNDING OF THE
ACTIVITIES OF THE FORFEITURE FUND DETAIL,
WITH THE COSTS AND EXPENSES FOR SUCH
ACTIVITIES TO BE EXPENDED BY THE CITY MANAGER
AFTER RAVING BEEN APPROVED BY THE CHIEF OF
POLICE.
WHEREAS, Florida Statutes Section 932.704(3)(a) authorizes
the expenditure of Law Enforcement Trust Fund monies for the
payment of costs incurred in forfeiture prooeedings and for the
payment of the balance due on any lien preserved by the court in -
the forfeiture prooeeding; 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 neoessary and
legitimate costs related to forfeiture actions, suoh 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, eto.; as well as
any other justifiable expense associated with the forfeiture of
property as delineated in the Florida Contraband Forfeiture Act;
and
WHEREAS, Seotion
932.704
F.S.
stipulates
that the Law
Enforcement Trust Fund
may be
used
for the above
stated costs;
and
CITY COMMISSION
MEETING OF
NOV 19 1987
Nn.
REMARKS: !
WHEREAS, it is in the beet 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 acquisition 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 has determined that the expenditures proposed
comply with Section 932.704 F.S.; and
WHEREAS, funds to cover the necessary expenses and costs are
available in the City of Miami Law Enforcement Trust Fund; and
WHEREAS, Resolution No. 86-665 was too restrictive in the
allocation of monies by specifically setting funding caps by
forfeiture activity and perscanel categories;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1.Seotions 1 through 8 of Resolution No. 86-688,
adopted September 11, 1986, are hereby amended in the following
partioulars:I
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1 I • : • • 11� . • 1 = � • .•• L 1 = 11 = a
• _ • II = 1 • = 11 • • � 1 • • 1 = � • '11�
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.
MP--Z
Seotion 8.L&I Total approved funding, asset
in an amount not to exoeed two hundred and
fifty thousand dollars ($280,000.00), is hereby
allooated from the City of Miami Law Enforoement Trust
Fund to establish a Forfeiture Fund Detail and to oover
expenses inourred relating to the operation of the
Forfeiture Fund and Operation Crime Suppression, upon
suoh oosts and expenses having been approved by the
Chief of Polioe.
- c • s - • c s • s I • JTM ' • JWZM•
PASSED AND ADOPTED this 19th day of November . 1987.
ATT
Y HIRAI, CITY CLERK
BUDGETARY REVIEW:
MANOHAR S. SURANA, DIRECTOR
DEPARTMENT OF MANAGEMENT AND BUDGET
FINANCIAL REVIEW:
CARLOS GARCIA, DIRECTOR
DEPARTMENT OF FINANCE
PREPARED AND APPROVED BY:
ROBERT F. CLERK
CHIEF DEPUTY CITY ATTORNEY
RFC/rb/bss/M844
-3-
. C"7.
XAVIER L. RBZ, MAYOR
TO FORM AND
S:
WCIA A. DOW
CITY ATTORNEY
8 7-996
fCITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
20
TO. Honorable Mayor and Members
of the City Commission
FROM
Cesar H. Odi
City Manager
RECOMMENDATION:
DATE: NOV 41987 FILE:
SUBJECT: Proposed Resolution
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached resolution allocating two hundred and fifty thousand
dollars ($250,000) from the City of Miami Law Enforcement Trust
Fund to fund the continuation of the Forfeiture Fund Detail.
This 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.
BACKGROUND: -
The Miami Police Department is requesting the additional monies
for the continuation of the funding previously provided for under
Resolution No. 86-665. As authorized under Florida Statute
932.704, the activities of the Forfeiture Fund Detail were
originally authorized and funded by the City Commission _n
September of 1986. The attached request will provide the Police
Department with the monies required for the expenses related to
administrative and investigative forfeiture related activities,
such as title transfers, filing fees for hearings, court
reporters, leased vehicle, 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.
Funding to be allocated from the Law Enforcement Trust Fund.
Attachments:
Proposed Resolution
CHO:s1
c2O
I
AFFIDAVIT
Clarence Dickson, Chief of Police, City of Mit,mi, kik,
(:ertify that the aforementioned request for expenditures from `h,.
of Miami Law Enforcement Trust Fund, for the funding of the
Forfeiture Fund Detail Continuation, in an approximate amount of
$250,000, complies with the provisions of Section 932.704.
Fl.orida Statutes.
Clarence Dickson
Chief of Police
City of Miami Police Department
SWORN TO AND SUBSCRIBED BEFORE ME THIS j DAY OF
n�1 1987.
NOTAR -- - �^
My Commission Exp-ire-s:
SOTAPY PUBLIC SLATE Cr OLORIUA
NY COMMISSION EXP. FED 27,1909
860 0 4MRU GEMERAL 16S. UkO.
DATE `
87--996