HomeMy WebLinkAboutO-12456City of Miami
Legislation
Ordinance: 12456
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 03-0225 Final Action Date: 12/18/2003
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW
SPECIAL REVENUE FUND ENTITLED: "INVESTIGATIVE COSTS RECOVERY
FUND" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED
$5,000, FOR THE OPERATION OF SAID FUND; AUTHORIZING THE CITY OF
MIAMI DEPARTMENT OF POLICE, PURSUANT TO FLORIDA STATE STATUTE
938.27, TO ACCEPT JUDGMENTS AGAINST PERSONS CONVICTED IN
CRIMINAL CASES AND TO DEPOSIT FUNDS INTO SAID SPECIAL REVENUE
FUND; FURTHER AUTHORIZING THE EXPENDITURE OF SAID FUNDS TO BE
USED BY THE ENVIRONMENT PROTECTION UNIT FOR TRAINING,
EQUIPMENT, RENTALS, EMERGENCY CLEAN-UPS, SPECIAL OPERATIONS,
OVERTIME AND ANY OTHER INVESTIGATIVE COSTS INCURRED DURING
THE INVESTIGATION; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statutes, Section 938.27, entitled Judgment for Costs on Conviction,
states that all criminal cases the costs of prosecution, including investigative costs incurred by law
enforcement agencies, by fire departments for arson investigations, and by investigations of the
Division of Financial Investigations of the Department of Banking and Finance, if requested and
documented by such agencies, shall be included and entered in the judgment rendered against
the convicted person; and
WHEREAS, the City of Miami Department of Police requests that a special revenue fund be
established entitled "Investigative Costs Recovery Fund" to deposit said judgments; and
WHEREAS, the funds will be used by the Environmental Protection Unit toward training,
equipment, rentals, emergency clean-ups, special operations, funding for overtime, and any other
investigative costs incurred by the unit during the investigation; and
WHEREAS, this Special Revenue Fund may later be expanded to include other units;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The following Special Revenue Fund is established and resources are appropriated
as described herein for operation of said fund:
FUND TITLE: INVESTIGATIVE COST RECOVERY FUND
City of Miami
Page 1 of 2 File Id: 03-0225 (Version: 2) Printed On: 8/23/2016
File Number: 03-0225 Enactment Number: 12456
RESOURCES:
Judgements rendered against convicted
persons for investigative cost incurred by
law enforcement agencies.
$5,000
APPROPRIATION: $5,000
Section 3. The City of Miami Police Department is authorized{1 } to accept judgments against
persons convicted in criminal cases, pursuant to Florida Statutes, Section 938.27, and to deposit
same into said special revenue fund.
Section 4. The Environment Protection Unit is authorized{1} to use said funds for training,
equipment, rentals, emergency clean-ups, special operations, overtime and to cover other
investigative costs incurred during an investigation.
Section 5. All Ordinances or parts of Ordinances insofar as they are inconsistent or in conflict
with the provisions of this Ordinance are repealed.
Section 6. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance shall become effective immediately upon its adoption and signature
of the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 03-0225 (Version: 2) Printed On: 8/23/2016