HomeMy WebLinkAboutReso 2005-760
RESOLUTION NO. 2005-7100
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING
THE CHIEF OF POLICE TO EXPEND FORFEITURE FUNDS
IN THE AMOUNT OF FORTY-FIVE THOUSAND DOLLARS
($45,000.00), IN ACCORDANCE WITH SECTION 932.7055,
FLORIDA STATUTES, FOR THE PURPOSES AS SET FORTH
HEREIN; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in accordance with Florida Statutes S932.7055(4)(c)(3) specifically, a law
enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act
with a fiscal year must expend or donate no less then 15% of such proceeds for the support or
operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe
neighborhood, school resource officer programs or for other law enforcement purposes;
WHEREAS, in accordance with Florida Statutes S932.7055(4)(b) upon the request of the
Chief of Police to the governing body of a municipality, liens and forfeiture funds may be expended
if ac;companied by written certification that the request complies with the provisions of the
aforementioned subsection; and
WHEREAS, the Chief of Police has submitted a request for the expenditure of Forty-Five
Thousand Dollars ($45,000.00) in forfeiture funds in compliance with the aforementioned statute;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Expenditure of forfeiture monies. Based on the attached certification, the Chief of
Police is hereby authorized to spend Forty-Five Thousand Dollars ($45,000.00) from the Law
Enforcement Trust Fund for the following:
a. $ 25,000.00 Charitable contributions including but not limited to: Dade County
PBA, "Love Fund", P.O.A.T. Charities or other organizations which support
programs related to drug treatment, drug abuse education, drug prevention, crime
prevention, safe neighborhood and school resource officer programs and
miscellaneous community policing items.
b. $ 15,000.00 for cost of two rental vehicles utilized in investigative and
undercover operations necessary to the successful operations by agency
detectives; 2 vehicles @ $ 598.75 per month.
c. $ 5,000 for legal fees associated with the asset forfeiture process (process
Service, legal notifications. Advertisement, filing fees, etc.).
Section 2.
Effective Date. This Resolution shall become effective immediately upon adoption.
R2005-Forfeiture Expenditure For Miscellaneous Items.Doc 1
PASSED AND ADOPTED this 13st day of January 2005.
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"..J~ne'A. HInes, City'Clerk
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APPROVED AS TO FORM
AND LEG C NCY:
Moved by: Cn~\s:.C\O~fV<. TbL~~'~
Seconded by: Q\'\'w,^.4.,~~'O)\)~ e-'R.~'2...' AJ
Vote: S-6
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
V (Yes)
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V(Y es)
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_(No)
_(No)
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_(No)
_(No)
R200S-Forfeiture Expenditure For Miscellaneous Items.Doc 2
Police Department
Fred Moos
Chief of Police
To:
The Commission, City Manager and Mayor of Sunny Isles Beach
~, Maas, Chief of Police
From:
Date:
January 13, 2005
Subj ect:
Forfeiture Expenditures
Recommendation:
It is recommended that the City Commission approve the expenditure of partial
forfeiture funds, previously awarded to the Police Department as the results of
investigative participation in forfeiture and seizure cases. These funds are
permissible by law to be spent for purchases of police equipment and other law
enforcement activities. It is requested that we be permitted to utilize $45,000.00 of
said funds on deposit for such purpose.
Reason:
One of the benefits of participating in and providing personnel into high intensity
narcotics investigations is the sharing of confiscated proceeds for the enhancement
of law enforcement. All of the attached and listed items are authorized expenditures
and are designed towards charitable and crime prevention programs, enhancement
of law enforcement equipment as well as legal costs associated with the asset
forfeiture process.
Additional Information:
To date, the City of Sunny Isles Beach Police Department has been awarded
additional monies in confiscated funds. Certain needs exist on behalf of the
department whereby the agency participates in and contributes to crime prevention
programs as well as the enhancement of our equipment.
Agenda Item
Date
Charitable contributions including but not limited to: Dade County
PBA, "Love Fund", P.O.A.T. Charities or other organizations which
support programs related to drug treatment, drug abuse education,
drug prevention, crime prevention, safe neighborhood and school
resource officer programs and miscellaneous community policing
items. $ 25,000.00
Cost of two rental vehicles utilized in investigative and undercover
operations necessary to the successful operations by agency
detectives; 2 vehicles @J $ 598.75 per month. $15,000.00
Legal costs associated with the asset forfeiture process (Process
Service, legal notifications. Advertisement, filing fees, etc.). $ 5,000.00
Certification:
I, Fred A. Maas, certify that pursuant to the Florida State Statute 932.0755 sec (4)
(a) and (4) (b), the attached listed items meet the guidelines of purchase for law
enforcement purposes which include defraying the cost of protracted or complex
investigation, or providing for crime prevention, community policing projects.
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Chiefs Signature
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Date