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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 06-00879 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW
SPECIAL REVENUE FUND ENTITLED: "VIOLENT CRIMEIWITNESS
PROTECTION PROGRAM" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT
TO EXCEED $200,000, FROM THE STATE OF FLORIDA, FLORIDA VIOLENT
CRIME AND DRUG CONTROL COUNCIL, FOR EXPENSES INCURRED IN
PROVIDING PROTECTIVE SERVICES FOR VICTIMSIWITNESS PROTECTION
AND VIOLENT CRIME AND DRUG CONTROL OR INVESTIGATIONS, PURSUANT
TO SECTION 943.042, FLORIDA STATUTES AS AMENDED, THROUGH THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S OFFICE OF STATEWIDE
INTELLIGENCE, WHICH AUTHORIZES FINANCIAL ASSISTANCE TO LAW
ENFORCEMENT AGENCIES TO REDUCE CRIME AND PROTECT THE CITIZENS
OF FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID
FUNDS.
WHEREAS, pursuant to the passage of the Florida Violent Crime Act of 1993, Section 943.031,
the State of Florida, created the Florida Violent Crime Council and amended the statute in 2001 and
renamed the Council to the Florida Violent Crime and Drug Control Council ("VCDCC"); and
WHEREAS, the Victim/Witness Protection Program authorizes law enforcement agencies to
provide protective services, including temporary relocation, for person(s) approved by the State
Attorney's Office for the provision of protective services, and other costs directly incurred by reason of
providing protective services for up to one (1) year or until the risk has diminished; and
WHEREAS, the law enables the lead law enforcement agencies to seek reimbursement from the
VCDCC for expenses incurred in providing protective services for victims/witness certified by the State
Attorney or Statewide Prosecutor; and
WHEREAS, the VCDCC then reviews requests from law enforcement agencies and provides
funding of cases relating to violent crime investigations and trials, as well as relocation efforts for the
protection of victims and witnesses determining whether they comply to funding criteria; and
WHEREAS, the City of Miami Department of Police is requesting a Special Revenue Fund entitled
"Violent CrimetWitness Protection Program" to deposit said funds received through the VCDCC and
the Victim/Witness Protection Review Committee established through the Florida Department of Law
Enforcement's ("FDLE's") Office of Statewide Intelligence; and
WHEREAS, the Office of Statewide Intelligence with FDLE has the responsibility of reviewing all
violent crime, victim witness and drug case submissions and presenting cases to the VCDCC; and
WHEREAS, the guidelines established a $100,000 maximum limit on the amount that may be
disbursed on a single investigation and a $200,000 maximum limit on funds that may be provided to a
City of Miami Page 1 of 2 Printed On: 5/30/2006
File Number: 06-00879
single agency during a fiscal year created through Section 943.042, Florida Statutes, as amended;
NOW, THEREFORE, BE IT RESOLVED 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 new Special Revenue Fund is established and resources are
appropriated as described below:
FUND TITLE:
RESOURCES:
VIOLENT CRIME/WITNESS PROTECTION PROGRAM"
Florida Violent Crime and Drug Control Council (VCDCC)
Violent Crime and Drug Control Investigations
Victim/Witness Protection Services
$100,000
$100,000
APPROPRIATIONS: $200,000
Section 3. The City Manager is authorized{1} to execute the necessary documents to implement
acceptance of said funds.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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 Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 5/30/2006