Res. No. 060-01-11208RESOLUTION NO.60-01-11208
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA AUTHORIZING
THE CITY MANAGER TO DEPOSIT FOREFITURE FUNDS
RECEIVED INTO ACCOUNTS #615-1910-521 (FEDERAL
FORFEITURE)AND #608-1910-521 (STATE FORFEITURE);TO
ENCUMBER AND EXPEND DEPOSITED FUNDS ON
ELIGIBLE LAW ENFORCEMENT OPERATING EQUIPMENT
EXPENDITURES UNDER BUDGET LINE ITEM 6430
(EQUIPMENT OPERATING);AND FURTHER DIRECTING THE
CITY MANAGER TO FOLLOW ALL APPLICABLE CITY OF
SOUTH MIAMI PROCUREMENT AND COMPETITIVE
BIDDING PROCEDURES RELATIVE TO THESE
EXPENDITURES;PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,theCityAdministrationischargedwiththeduty of
promulgating acitybudgetbasedupon expected revenues fromtaxes,fees,etc;
and
WHEREAS,theCity of SouthMiamiPolice Department onoccasion
receivesmoneybaseduponforfeitureduetocriminalactivity;and
WHEREAS,theforfeitureproceedsarestatutorilylimitedinuseand
application;and
WHEREAS,applicable federal andstatelawsexpresslyprohibitallocating
or appropriating any proceeds notyet awarded tothePoliceDepartmentunder
forfeiture statutes;and
WHEREAS,intheinterest of both public safety and proper fiscal
management itisnecessarytoencumbertheseawardsastheyarereceived;and
WHEREAS,whentheproceedsareplacedinan encumbered statusother
proceduresareinplacetoinsureproper allocation of expendituresincompliance
withapplicablestate,federalandmunicipallaw;and
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Page 2 of Res.No.60-01-11208
Section 1.The Mayor andCity Commission of the City of South Miami
hereby authorizes theCity Manager toplaceforfeiture proceeds inthe appropriate
state or federal forfeiture account and to consider said amounts to be encumbered.
Section 2.Proceeds received shall be credited to account #615-1910-521
(Federal Forfeiture)or account #608-1910-521 (State Forfeiture).
Section 3.The City Manager,following appropriate City of South
Miami procurement and competitive bidding procedures,is authorized to expend
these funds on eligible law enforcement equipment expenditures under Line Item
6430 (Equipment Operating).
Section 4.That this resolution be effective immediately after adoption
hereof.
PASSED AND ADOPTED this 1st day of May ,2001
ATTEST:
&MvuCSl
CITY CLERK
READ AND APPROVED AS TO FORM:
^T/G.£«•
CITY ATTORNEY
APPROVED:
^/^^'/^St^^^
MAYOR
Commission Vote:5-0
Mayor Robaina:Yea
Vice Mayor Feliu:Yea
Commissioner Russell:Yea
Commissioner Bethel:Yea
Commissioner Wiscombe:Yea
TO:
FROM:
DATE:
SUBJECT:
CITY OF SOUTH MIAMI
POLICE DEPARTMENT
Inter-Office Memorandum
Ronetta Taylor
City Clerk
Cokes Watson^,J,
Chief of Police
10/24/01
Resolution No.60-01-11208
Adopted May 1,2001
Relative to the above number resolution,the resolution should have listed account
number 615.0000.351.100 (Federal Forfeiture -revenue)and account number
608.000.351.100(State Forfeiture -revenue)to properly assign the funds as revenue
andthenplacingsuchfunds under budget lineitem 6430(operating equipment).
City of South Miami
INTER-OFFICE MEMORANDUM
TO:Honorable Mayor,Vice Mayor Date:April 17,2001
and City Commission
FROM:Charles Scurr,/)a /I I irf Re:AgendaItem #f
City Manager////^Jt^Comm.Mtg.05/1/01
Forfeiture Funds
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA AUTHORIZING THE CITY
MANAGER TO DEPOSIT FOREFITURE FUNDS RECEIVED
INTO ACCOUNTS #615-1910-521 (FEDERAL FORFEITURE)
AND #608-1910-521 (STATE FORFEITURE);TO ENCUMBER
AND EXPEND DEPOSITED FUNDS ON ELIGIBLE LAW
ENFORCEMENT OPERATING EQUIPMENT EXPENDITURES
UNDER BUDGET LINE ITEM 6430 (EQUIPMENT OPERATING);
AND FURTHER DIRECTING THE CITY MANAGER TO
FOLLOW ALL APPLICABLE CITY OF SOUTH MIAMI
PROCUREMENT AND COMPETITIVE BIDDING PROCEDURES
RELATIVE TO THESE EXPENDITURES;PROVIDING FOR AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
TheCity of South Miami Police Department receives money from forfeitures of assets due
to criminal activity during thecourse of thefiscalyear.These forfeitures arefor the sole
use of thelaw enforcement entityandmayonlybeusedforalimitedscope of purposes.It
isnotfeasibleunderlawtobudgetanyforfeituremoneybeforeitisactuallyreceivedbythe
Cityandforfeiturefundscannotbeusedtosupplantexpenditurescoveredbygeneralfund
revenues.
Theannualcity budget governs the expenditures of all departments and functions of the
City's government.As previously stated,this budget may not includeforfeiture revenue
notyetawardedorreceived.However,duringthecourse of anygivenfiscalyearrevenue
comesintotheforfeitureaccountsduetotheactiveand aggressive efforts of thePolice
Department.Thismoney,notbudgeted,wouldrequirearesolutionamendingthefinal
adopted budget everytimea deposit ismadeintoany forfeiture account.Or,inthe
alternative,tonotexpendmoney received untilthe following fiscalyear.Thiswouldpose
aserioushindrancetothefunction of thePoliceDepartmentinterms of special
investigations and sophisticated equipment.
This resolution authorizes that themoneyreceivedduringthe course of theyearwould
automatically,uponreceipt,bedepositedandcreditedtoaccount #615-1910-521 (Federal
Forfeiture)orAccount #608-1910-521 (StateForfeiture)andbeavailableforexpenditure
underlineitem#6430 (Equipment Operating).
TheCitywill continue tofollowall applicable procurement and competitive bidding
requirementsfortheexpenditure of thefunds.
RECOMMENDATION
Approvalisrecommended.
CS/GF/sh