Miami-Dade Legislative Item
File Number: 112408
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File Number: 112408 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1108-11 Control: County Commission
File Name: LAW ENFORCEMENT TRUST FUND Introduced: 11/14/2011
Requester: Miami-Dade Police Department Cost: Final Action: 12/19/2011
Agenda Date: 12/19/2011 Agenda Item Number: 14A4
Notes: Title: RESOLUTION AUTHORIZING THE COUNTY MAYOR AND/OR COUNTY MAYOR’S DESIGNEE TO EXPEND FUNDS FROM THE MIAMI-DADE POLICE DEPARTMENT LAW ENFORCEMENT TRUST FUND IN THE AMOUNT OF $900,000
Indexes: LAW ENFORCEMENT TRUST FUND
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/19/2011 14A4 Adopted P

County Mayor 12/16/2011 Additions 12/19/2011

Public Safety & Healthcare Admin Cmte 12/13/2011 3B Forwarded to the BCC by the BCC Chairperson with a favorable recommendation P
REPORT: Assistant County Attorney Valda Christian read the foregoing proposed resolution into the record. Commissioner Bell questioned the activities that were included in the residential burglary initiative and whether this proposal would fund additional community policing and not citizens’ crime watch programs. Deputy Mayor Genaro “Chip” Iglesias responded that the Police Department would use Law Enforcement Trust Funds to implement initiatives dealing with residential burglaries. Mr. Gustavo Knoepffler, Chief Financial Officer, Miami-Dade Police Department, explained that $850,000 would fund additional proactive enforcement activities throughout unincorporated areas of the County to combat residential burglaries and would not support citizens’ crime watch programs. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution as presented. Chairman Martinez submitted an appropriate memorandum waiving the Board of County Commissioners' Rules of Procedure to allow this proposed resolution to be considered at the December 19, 2011 County Commission meeting.

County Attorney 11/29/2011 Assigned Ben Simon 11/29/2011

County Attorney 11/16/2011 Assigned County Mayor 11/16/2011
REPORT: returned

County Mayor 11/15/2011 Assigned County Attorney 1/24/2012
REPORT: Police - pending cmte - Attachment: Report of Proposed Expenditures for the Law Enforcement Trust Fund

County Mayor 11/15/2011 Assigned Chip Iglesias 11/15/2011

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE COUNTY MAYOR AND/OR COUNTY MAYORíS DESIGNEE TO EXPEND FUNDS FROM THE MIAMI-DADE POLICE DEPARTMENT LAW ENFORCEMENT TRUST FUND IN THE AMOUNT OF $900,000

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying Report of Proposed Expenditures, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board grants, pursuant to Florida Statutes section 932.7055, the request of the county Mayor or County Mayorís designee to expend $900,000 from the Miami-Dade Police Department Law Enforcement Trust Fund for the purposes described in the accompanying Report of Proposed Expenditures.

HEADER
DATE:

TO: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

FROM: Carlos A. Gimenez
Mayor

SUBJECT: Report of Proposed Expenditures for the Law Enforcement Trust Fund

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board approve the attached resolution supporting the County Mayor and/or County Mayorís Designee action to expend $900,000 from the Miami-Dade Police Department (MDPD) Law Enforcement Trust Fund (LETF) in accordance with the Report of Proposed Expenditures of the Law Enforcement Trust Fund (attached).

Scope
The MDPD LETF impacts countywide services.

Fiscal Impact/Funding Source
Miami-Dade County would not incur any costs. The LETF funds are awarded to MDPD as a result of successful forfeiture litigation in State court and participation in the Federal Asset Sharing Programs.

Track Record/Monitor
The LETF project requests are reviewed by MDPD personnel in the Fiscal Administration Bureau to ensure compliance with LETF requirements.

MANAGER'S BACKGROUND
Background

The Law Enforcement Trust Fund (LETF) for Miami-Dade County was established by the Board of County Commissioners and must be used for law enforcement purposes which are not budgeted. Allowable purposes may include: to defray costs of protracted or complex investigations; to provide additional technical equipment or expertise; to provide matching funds to obtain federal grants; or for other law enforcement purposes. The funds are administered in compliance with MDPD policies, statutory requirements, and federal guidelines.

The LETF contains funds awarded to the Department as a result of successful forfeiture litigation in State court and participation in the Federal Asset Sharing Programs. Specifically, the LETF is funded by three different sources: the State LETF fund, governed by Florida Statutes Sections 932.701 through 932.706; and two federal funds from the U.S. Department of Justice and the U.S. Treasury, governed by the federal guidelines from the U.S. Department of Treasury Executive Office for Asset Forfeiture.

The allocation of LETF funds adheres to a process as part of the MDPD standard operating procedures. Department entities submit LETF project requests to the MDPD LETF Committee Chairperson. The requests are reviewed by personnel in the Fiscal Administration Bureau to ensure compliance with LETF requirements. The LETF Committee reviews those requests which meet program requirements and recommends selected projects for funding. The recommendations are reviewed by the Police Legal Bureau for legal sufficiency and a report is prepared by the Fiscal Administration Bureau. The revenue and expenditures are documented in the County budget ordinance and are routinely reported in the Departmentís fiscal reports. The package is certified by the Director prior to the report being presented to the Board for approval per Florida Statute Section 932.7055 (5) (b).

The proposed asset sharing expenditures for FY2011/2012, or until completion of the project, include:
residential burglary initiative in the amount of $850,000 aimed at combating the rise in residential burglaries throughout Miami-Dade County; and professional compliance investigations in the amount of $50,000 to support long-term, ongoing proactive investigations.


__________________________
Deputy Mayor



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