Miami-Dade Legislative Item
File Number: 130752
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File Number: 130752 File Type: Resolution Status: Adopted
Version: 0 Reference: R-402-13 Control: Board of County Commissioners
File Name: LAW ENFORCEMENT TRUST FUND Introduced: 4/18/2013
Requester: Miami-Dade Police Department Cost: Final Action: 5/21/2013
Agenda Date: 5/21/2013 Agenda Item Number: 14A1
Notes: Title: RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO AUTHORIZE THE EXPENDITURE OF FUNDS FROM THE MIAMI-DADE POLICE DEPARTMENT LAW ENFORCEMENT TRUST FUND IN THE AMOUNT OF $1,380,000.00
Indexes: LAW ENFORCEMENT TRUST FUND
Sponsors: Sally A. Heyman, 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 5/21/2013 14A1 Adopted P

Office of the Chairperson 5/16/2013 Additions 5/21/2013

Public Safety & Animal Services Committee 5/15/2013 3F Forwarded to the BCC by the BCC Chairperson with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed resolution into the record. Miami-Dade Police Department (MDPD) Director J.D. Patterson asked that the foregoing proposed resolution be waived to the May 21, 2013 County Commission Meeting. Chairwoman Heyman announced that Miami-Dade County planned to sponsor a countywide gun buyback initiative on a date to be determined. She stated Director Patterson and his team would coordinate this was a collaborative effort with the municipal members of the Dade Police Chiefs Association. In response to Commissioner Edmonson’s comment regarding her office being told that a Gun Buyback Program was ineffective and concern with $30,000 now being allocated for such a program, Mr. Patterson explained the difference between a Gun Bounty Program and a Gun Buyback Program. Chairwoman Heyman asked Assistant County Attorney Sanchez to prepare the appropriate memorandum requesting Board of County Commissioners (BCC) Chairwoman Sosa to waive the Board’s Rules and Procedures to allow the foregoing proposed resolution to be heard at the BCC Regular Meeting scheduled for May 21, 2013. Hearing no further questions or comments, the Committee proceeded to vote.

County Attorney 4/22/2013 Assigned Ben Simon 4/26/2013

County Mayor 4/18/2013 Assigned County Attorney 6/4/2013
REPORT: MDPD - Pending Cmtee Assignment - Commissioner Heyman is the sponsor - Did not indicate who assisted from Legal -

County Mayor 4/18/2013 Assigned Chip Iglesias 4/18/2013 4/18/2013

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO AUTHORIZE THE EXPENDITURE OF FUNDS FROM THE MIAMI-DADE POLICE DEPARTMENT LAW ENFORCEMENT TRUST FUND IN THE AMOUNT OF $1,380,000.00

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 Mayor’s Designee to expend $1,380,000.00 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 Chairwoman Rebeca Sosa
and Members, Board of County Commissioners

FROM: Carlos A. Gimenez
Mayor

SUBJECT: Resolution to Authorize the Expenditures of Funds from the Miami-Dade Police Department Law Enforcement Trust Fund in the amount of $1,380,000.00

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners approve the attached Resolution supporting the County Mayor or County Mayor’s Designee action to expend $1,380,000 from the Miami-Dade Police Department Law Enforcement Trust Fund in accordance with the Report of Proposed Expenditures from the Law Enforcement Trust Fund (attached).

Scope
The Miami-Dade Police Department Law Enforcement Trust Fund impacts countywide services.

Fiscal Impact/Funding Source
Miami-Dade County will not incur any costs. The Law Enforcement Trust Fund monies are awarded to the Miami-Dade Police Department (MDPD) as a result of forfeiture litigation in State court and participation in the Federal Asset Sharing Programs.

Track Record/Monitor
The Law Enforcement Trust Fund project requests are reviewed by Gustavo Knoepffler, Chief Financial Officer in the Miami-Dade Police Department, to ensure compliance with Law Enforcement Trust Fund requirements.

MANAGER'S BACKGROUND
Background
On December 2, 1980, the Law Enforcement Trust Fund for Miami-Dade County was established by the Board of County Commissioners through Resolution R-1633-80. The Law enforcement Trust Fund 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 Miami-Dade Police Department’s policies, statutory requirements, and federal guidelines.

The Law Enforcement Trust Fund contains monies awarded to the MDPD as a result of forfeiture litigation in State court and participation in the Federal Asset Sharing Programs. Specifically, the Law Enforcement Trust is comprised of three different funding sources: the State civil forfeitures, governed by Florida Statutes Sections 932.701 through 932.706; and two federal asset sharing programs 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.


Honorable Chairman Rebeca Sosa
and Members, Board of County Commissioners
Page 2



The allocation of these funds adheres to a process as part of the Miami-Dade Police Department’s standard operating procedures. Department entities submit Law Enforcement Trust Fund project requests to the Miami-Dade Police Department Law Enforcement Trust Fund Committee Chairperson. The requests are reviewed by personnel in the Fiscal Administration Bureau to ensure compliance with Law Enforcement Trust Fund requirements. The Law Enforcement Trust Fund 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 Department’s fiscal reports. The package is certified by the Director prior to the report being presented to the Board for approval per Florida Statutes Section 932.7055(5) (b).

The proposed expenditures for FY 2012/2013, or until completion of the project, include: Targeted Crimes Initiative - $1,000,000; Youth Safety Initiative - $250,000; Personnel Recruitment Initiative - $100,000; Gun Buy Back Event – $30,000. These funds will support long-term, ongoing protracted or complex investigations and other allowable law enforcement operations in compliance with the Miami-Dade Police Department’s policies, statutory requirements, and federal guidelines.



_____________________
Genaro “Chip” Iglesias
Deputy Mayor



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