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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01436 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "INVESTIGATIVE COSTS RECOVERY FUND" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000.00, FOR THE OPERATION OF SAID FUND; AUTHORIZING THE CITY OF MIAMI POLICE DEPARTMENT 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 CITY OF MIAMI DEPARTMENT OF POLICE TO BE SPENT ON MARKED VEHICLES, TASER, UNIFORMS, EQUIPMENT AND OTHER ITEMS THE CHIEF OF POLICE DEEMS NECESSARY AND PROPER. WHEREAS, Florida Statutes, Section 938.27, entitled "Judgment for Costs on Conviction," provides that in all criminal and violation -of probation or community -control cases, convicted persons are liable for payment of 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 ("Department") has begun a pilot program where it will request and document the costs incurred during the course of their criminal investigations; and WHEREAS, the Department requests that a special revenue fund be established entitled "Investigative Costs Recovery Fund" to deposit said judgments; and WHEREAS, the funds will be used to supplement the resources of the Department and will be used for items including, but not limited to, marked vehicles, TASERs, uniforms, equipment and other items the Chief of Police deems necessary and proper; and WHEREAS, this Special Revenue Fund may later be expanded to include other units; 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 Project is established and resources are appropriated as described below: FUND TITLE: Investigative Costs Recovery Fund $5,000.00 City of Miami Page 1 of 2 File Id: 13-01436 (Version: 1) Printed On: 12/18/2013 File Number. 13-01436 RESOURCES: Judgments rendered against convicted persons for Investigative costs incurred by the City of Miami Police Department APPROPRIATIONS: $5,000.00 Section 3. The Department is authorized{1} to spend the funds to supplement the resources of the Department and will be used for items including, but not limited to, marked vehicles, TASERs, uniforms, equipment and other items the Chief of Police deems necessary and proper. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APP OVED AS TO FORM AND COR CTNESS: VIC�ifORIA N ENDE CITY ATTORNEY 7\ ootnotes: {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 File Id: 13-01436 (Version: 1) Printed On: 12/18/2013