HomeMy WebLinkAboutReso 2009-1381
RESOLUTION NO. 2009-1 -:s ~ ,
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING
THE CHIEF OF POLICE, IN ACCORDANCE WITH
SECTION 932.7055, F.S. AND THE COMPREHENSIVE
CRIME CONTROL ACT OF 1984, TO EXPEND ONE
HUNDRED THIRTY THOUSAND DOLLARS ($130,000.00) OF
PARTIAL LAW ENFORCEMENT TRUST FUND (L.E.T.F.)
FORFEITURE FUND AND/OR DEPARTMENT OF JUSTICE
(D.O.J.), FOR THE PURCHASE OF FIREARMS AND
RELATED ACCESSORIES FOR THE IMPLEMENTATION
OF A SPECIAL PURPOSE TACTICAL FIREARMS
PROGRAM, FOR VARIOUS CHARIT ABLE
CONTRIBUTIONS, AND FOR LEGAL COSTS ASSOCIATED
WITH THE ASSET FORFEITURE PROCESS; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, in accordance with Florida Statutes 9932.7055(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; and
WHEREAS, in accordance with the Comprehensive Crime Control Act of 1984, the City
and its Police Department are authorized to expend forfeiture funds from the established Department
of Justice (D.O.J.) federal forfeiture account, for the approved programs or purchases intended to
enhance law enforcement purposes; and
WHEREAS, in accordance with Florida Statutes 9932.7055(4)(b) and the Comprehensive
Crime Control Act of 1984, upon the request of the Chief of Police to the governing body of a
municipality, liens and forfeiture funds may be expended if accompanied 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 One Hundred
Thirty Thousand Dollars ($130,000.00) of partial Forfeiture Funds from L.E.T.F. and/or Department
of Justice (D.OJ.) in compliance with the aforementioned Statute and the Comprehensive Crime
Control Act of 1984.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Expenditure of Forfeiture Funds. Based on the attached Certification, the Chief of
Police is hereby authorized to spend One Hundred Thirty Thousand Dollars ($130,000.00) from the
Law Enforcement Trust Fund (L.E.T.F.) and/or the established Department of Justice (D.OJ.)
federal forfeitures account for the costs associated with the purchase of firearms and related
accessories for the implementation of a Special Purpose Tactical Firearms Program, for various
charitable contributions, and for legal costs associated with the asset forfeiture process.
R2009- LETF Forfeiture And DOJ Expenditures
Page I of2
Section 2.
Effective Date. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 19th day of February 2009.
ATTEST:
-- ~~~
Jane Hines, CMC, City Clerk
FORM
IENCY:
Seconded by:
Cn~ Goo~
V I U '<Y\~ \1-\ PrL <C-R...
Moved by:
Vote: ~...O
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
~(Yes)
V (Yes)
~(Yes)
V (Yes)
V (Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2009- LETF Forfeiture And DOJ Expenditures
Page 2 of2
TO:
Via:
From:
Date:
Subject:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33 160
City Commission
Norman S. EdeIcup, Mayor
Lewis .1. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman. Commissioner
George "Bud" Scholl, Commissioner
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Rick Conner, Acting City Manager
lIans Ottinot, City Auorney
.Iane A. lIines, CMC City Clerk
MEMORANDUM
The Honorable Mayor and City Commission
Rick Conner, Acting City Manager
f/ffFred A. Maas, Chief of Police
February 19,2009
Expenditure of Partial Forfeiture Funds from L.E.TF, and/or D.O.] for the use of
establishing a Tactical Firearms Program as well charitable contributions, community
policing and crime prevention programs, etc.
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 $ 130,000.00 of
said funds on deposit for such purpose,
REASONS:
One of the benefits of part1CIpating 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.
j'unding 'mlilablc:
f)VV'\~
Finance Department
j\genda Item No.:
\ 0 t=:
:l.-\9-0~
To be com leted bv CiOc' Clerk'.,- OUice
j\pprm'al:
1,.1.::1'.1' / DOl Forfeiture ":xpenditures & Certification 02/ j'J/ll'J
Commission i\lceting Date:
Purchase of fifty (50) Colt Commando tvI4 Rifles, Mounting Racks and
related accessories and equipment for the implementation of a Special
Pur ose Tactical Firearms Pro ram "fles). $70,000.00
Charitable contributions including but not limited to: Children's Summer
Camp Activities, Dade County PBA, "Love Fund", P.O.A.T. Charities,
Community Policing Novelty Items or other organizations which
support programs related to drug treatment, drug abuse education, drug
prevention, crime prevention, safe neighborhood and school resource
officer ro rams. $ 55,000.00
Legal costs associated with the asset forfeiture process (process Service,
Ie al notifications. Advertisement, filin 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.
~C.~
Chiefs Signature
~~. /~. 2009.
Date