HomeMy WebLinkAbout2584 Seminole Financial Crimes Task Force - MOU (2024-2028)M IT, 0101,11 W.11 I 17.1TtJV 1:4 kTA 1:41, 11 a-IXT, I A kysol :1.1211 big] ITIKC AN 011 QA *61 F.11 �01 MIZ
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C4 Of Casselberry Police Depariment
City of Lake Mary Police Department
City of Longwood Police Department
City of Sanford Police Department
Seminole County Sherifrs Office
WHEREAS, in accordance with, Sections 163.01 (2), and 163.01 (14), Florida Statutes, and
other controlling law, governmental agencies, are authorized to enter into inteir-local agreements; and
WHEREAS, pursuant to Section 23,1225 (1)(a), Florida Statutes two or more law enforcement
agencies may enter into a voluntary cooperation written agreement which permits voluntary cooperation
and assistance of a routine law enforcement nature across jurisdictional lines', and
WHEREAS, the undersigned agencies have the authority under the Florida Interlocal
Cooperation Act and under Mutual Aid statutes to cooperate with each other on the basis of mutual
advantage and provide services, facilities, cooperation and assistance that will best meet the needs of
the communities involved; and
WHEREAS, the parties have determined that they can make efficient use of their powers and
resources in operations and investigations which may require specialized expertise and involve long
term investigative commitment and which have the potential to cross jurisdictional lines, through
coordination and sharingi of personnel with specialized technical expertise and with specialized
resources. The parties agree to carry out their respective duties and responsibiffles as outlined below,
subject to controlling Ilaw, policies or procedures and in consideration of the mutual interests and
understandings herein expressed; and
WHEREAS, the Altamonte Springs Police Department, the Casselberry Police Department, the
Lake Mary Police Department, the Longwood Police Department, the Sanford Police Department, and
the Seminole County Sheriffs Office collectively referred to hereafter as the PARTIES wish to
participate jointly as described below in the previously established Seminole Financial Crime Task
Force (hereinafter SFCTF), and desire to continue the operation of same; and
WHEREAS, ail, of the member agencies of the SFCTF are desirous of reducing the occurrence
of financial crimes within Seminole County, such as credit card fraud, identity thieft, check fraud,
embezzlement, and other financial or `"white coltar"criminal incidents which impact the quality, of life in
Seminole County.
ECTION I PURPOSMISSION:
The purpose of the SFCTF is the investigation of financial crimes within Seminole County, such as
credit card fraud, identity theft, check fraud, embezzlement, and other financial or "w collar"criminal
incidents which impact thequalky of life in Seminole County. The primary mission of the SFCTF is to
its mission to investigate incidents of financial crime, identify repeat offenders and organized criminal
organizations, and coordinate crime prevention efforts to reduce victimization. To this end, the SFCTF
will be supported by the Sheriffs Crime Analysis Unit to provide intelligence, and analytical products in
real-time in support of the SFCTF strategic objectives. These activities will cross municipalliurisdictional
lines as well as beyond the County of Seminole. It is, the belief of the participating agencies that mutual
support, collaborative planning and commitment of combined resources will benefit the citizens of each
municipality and all citizens of Seminole County. The Task Force will acfively seek and encourage the
involvement of non-member agencies in developing regional and statewide initiatives for financial
crimes,
SECTION 11 MEMBER ADEN S:
The following Seminole County Law Enforcement Agencies are participating members of the Seminole
Financial Crimes Task Force (hereinafter SFCTF or'*The Task Force7)'.
Seminole County Sheriffs Office (sometimes herein referred to as, *Shedfr)
Altamonte Springs Police Department
Casselberry Police Department
Lake Mary Poke Department
Longwood Police Department
Sanford Police Department
Pursuant to signing this Agreement, each of the undersigned law enforcement agencies approves,
authorizes and enters into this Agreement as members of SFCTF for the provision of personnel, law
enforcement services and equipment within the Jurisdictional boundaries of Seminole County and its
member municipalities and, as otherwise authorized by mutual aid or cooperative agreements with other
non-memberjurisdictions and agencies when called upon for assistance or to provide assistance.
The participating agencies, desire to set forth policy and procedures pertaining to the management of,
leadership, training, the payments of salary and benefits, and provisions for clothing and equipment
issued to personnel assigned to the SFCTF as, set forth in this Agreement.
SECTION III JURISDICTIQU.
When engaged lin SFCTF investigations and operations that have been approved by the SFCTF
Commander, as contemplated by this Agreement, SFCTF members who, do not otherwise have
jurisdictional authority shall have full jurisdictional authority anywhere within Seminole County with full
powers to enforce Florida Law and to, avail themselves of the provisions of this agreement. Activities
shall be considered authorized only when approved and directed by the SFCTF commander or his/her
designee or as otherwise provided for herein.
Law enforcement officers assigned to the SFCTF pursuant to this Agreement shall be empowered to
render law enforcement assistance and take law enforcement action in accordance with the law and
the terms of this agreement.
PA
Pursuant to Section 23,127(l), Florida Statutes, employees of agencies that are parties to this
Agreement participating in SFCTF, shall, when engaging' in authorized mutual cooperation and
assistance pursuant to this Agreement, have the same powers, duties, rights, privileges and immunities
as if the employees were perfonning duties inside the taw enforcement jurisdictional area of their
respective home agency.
Additionally,, persons selected as SFCTF members shall be sworn as Deputy Sheriffs having the law
enforcement authority of a sworn Seminole County Deputy Sheriff when performing duties as a member
of the SFCTF,, but without remuneration. Law enforcement officers from the undersigned law
enforcement agencies who are selected for participation, shall, by virtue of this Agreement, have the
authority to take law enforcement action, including but not limited to, participation in criminal
investigations, tactical operations and arrests relating to or arising from a SFCTF operation or
Investigation occurring anywhere within the jurisdiction of Seminole County and the municipalities
therein as well as extraterritorial responses pursuant to a Mutual Aid Agreement.
Each party hereto, agrees that all members assigned to the SFCTF will operate under the supervision
of the SFCTF Commander or his/her designee. SFCTF members shall for all other purposes remain
agents and employees of their respective agencies and are not Sheriff's Office employees.
SECTION IV ASSIST REQUEST AND RESegNSE.-
Each of the undersigned Parties hereby requests the assistance of the personnel and resources of
each of the other undersigned Parties for the law enforcement purposes herein. Execution of this
Agreement and continued participation by the Parties shall constitute a general reciprocal, continuing
request for and granting of assistance between, the members of this Agreement that shal I be considered
authorized in accordance with this agreement. No additional formal request for assistance is required.
The operation of the SFCTF constitutes an ongoing request by each of the participating agencies to
have the deputy sheriffs and police officers who may be assigned to the S,FCTF, or who provide
assistance: pursuant to a, separate Mutual Aid agreement, assist them in their jurisdictions by taking law
enforcement actions relating to the investigation of violations of Florida Statutes as directed by the
SFCTF Commander, and the detection, apprehension, and arrest of law violators In their jurisdiction.
The SFCTF Commander shall, ensure that the Police Chief or designee of the law enforcement agency
(ex: on -duty watch commander) for the jurisdiction, in which a particular SFCTF operation is being
conducted is notified in advance of the operation. No deputy sheriff or police officer assigned! to the
SFCTF shall operate under this agreement outside his or her jurisdiction without the prior approval of
the SFCTF Commander or his/her designee. All SFCTF members are bound by and shall comply with
operational Seminole County Sheriffs Office (SCSO) Written Directives (General Orders and
Enforcement Policies and Procedures) and orders, which govern their duties, activities, and conduct
while performing as a deputy sheriff.
SECTION V SELEgTION & GENERAL QUIDFLIKES:
The Task Force shall operate as a Task Force consisting of full-time and/or part-time members.
Participating agencies shall provide at least one Investigator and shall commit for a period of at least
two years. The Sheriff WII provide one Deputy She Sergeant ("Task Force Supervisor) and at least
one deputy sheriff as full-time members of the SFCTF. Each participating agency may provide at least
one sworn law enforcement officer in a fulitime 2E part-time! capacity to serve in the SFCTF A full-time
participating agency is one that assigns personnel to the operational command of the Task Force
Supervisor on a full-time basis. All other agencies that assign personnel to the operational command of
the Task Force Supervisor are part-time agencies. ]in the event it is necessary to withdraw their assigned!
member(s), it is, recommended that a, minimum of sixty (60) days' notice be given to the Sheriff prior to
recalling the member.
The SCSO CID Captain, or designee, the Task Force Supervisor, and the participating Agency Head,
or designee(s), shall interview all potential members of the Task Force, unless appointed and agreed
upon by the Sheriff and participating Agency Head. The recommendation of the interview board will, be
presented in writing to the Agency Head and/or Sheriff for action.
Each SFCTF member assigned from a municipal agency shall be appointed as a Deputy Sheriff of
Seminole County for the duration of their SFCTF assignment for the sole purpose of carrying out their
duties under this Agreement, and without remuneration.
SECTION VI COMMAND RESPONSIBIlLITIES:
The SFCTF shall work under the authority of the Sheriff of Seminole County, Florida, through his
appointed Supervisor.
The Task Force Supervisor shall meet with the Agency Head, or designee, of each participating agency
to outline the activities of the Task Force and the involvement of their representative(s) . The Task Force
Supervisor shall provide the Agency Head, or his/her designee, of each participating agency with a
summary report of monthly activity to include investigations, operations,, arrests, search warrants,
seizures, status of previously seized property, and other information which ima,y be requested by the
Agency Head, or designee, of each participating agency,
It is the responsibility of the Task Force Supervisor to ensure compliance with all legal, requirements for
Mutual Aid relating to ay Task Force operations that occur in a nonmember jurisdiction,. IIn the event the
Task Force Supervisor desires the assistance of non -assigned, personnel and resources of a non-
member agency in a particular jurisdiction, the Task Force Supervisor will contact the Agency Head of
the law enforcement agency, or designee, within the jurisdiction where the Task Force operation Is
planned to occur in accordance with the procedures set forth in any applicable Mutual Aid Agreement
in existence between the Seminole County Sheriff's Office and the respective non-member agency from
whom aid is being requested. The Mutual Aid Agreement authorizing any such assistance from a non-
member agency will govern as it relates to command responsibilities, privileges and immunities from
liability, resource allocation, and any other matter described therein.
SECTION VI1_FUNQING AND EQUIPMEN :
The SFCTF shall be funded by the Sheriff of Seminole County, who shall provide the administrative
support and overhead, office space, and related equipment, excluding vehicles, necessary to complete
the goals of the SFCTF.
The Sheriff shall fund the costs for special clothing and equipment used by SFCTF. Clothing and
equipment issued to individual members assigned to SFCTF by the Sheriffs Office shall remain the
property of the Seminole County Sheriffs Of unless the Sheriff or his designee approves a transfer
such equipment andlor clothing to the, Agency by whom the assigned member is employed, Under no
circumstances shall equipment be transferred to an assigned member unless specifically permitted by
the Sheriff.
It is the responsibility of the assigned member and his/her agency to ensure that any issued clothing
and equipment is maintained and ready for operations and to, notify the Task Force Supervisor when
issued items are no longer in serviceable condition. The member shall also be responsible for the
periodic inventory of all assigned items and to promptly return all assigned items upon leaving the
SFCTF.
The Sheriff shall be responsible for costs of any specialized training to include training course costs
and costs associated with attendance such as, travel, lodging and meals if such training is required by
the Task Force Supervisor. A members failure to attend any required' SFCTF training as required by
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this, agreement or any other training required by the Task Force Supervisor or his/her designee may
result in removal of the member from the SFCTF.
Availability to attend, training and compensation for the time spent in training will fall upon the individual
SFCTF Member and his/her agency.
Each participating agency which furnishes equipment pursuant to this Agreement must bear the cost of
loss or damage to that equipment and must pay any expenses incurred in the operation and
maintenance of that equipment.
SECTION Vill SEMINOLE COUNIX SHERIFF1 OFFICE POUCIES:
Participating agencies' SFCTF Members shall sign a receipt for the issuance of, the review of and
required, adherence to any and all Sheriffs Office Policies, General Orders and Standard Operating
Procedures and any other written materials which may be required by this Agreement or the Task Force
Supervisor. It will be the Task Force Supervisor's responsibility to provide any updated and any newly
enacted Policies, General Orders and Standard Operating Procedures to the SFCTF Members and to
ensure that all members have accepted and reviewed them.
The Task Force Supervisor shall be responsible for maintaining documentation of all applicable policies
requiring review and adherence by the member and documenting the member's, receipt.
Participating agencies' SFCTF members are responsible for ALL Sheriffs Office Policies, General
Orders and Standard Operating Procedures as may currently exist as may be amended and additional
policies, General Orders and SOP procedure which may be enacted.
Participating agencies' SFCTF Members will have access to SCSO computers with access to
FCICINCIC, DHSMV,, Cafe data and other linvestilgative tools. Participating agencies' SFCTF Members
are responsible for complying with all terms and requirements of applicable SCSO User Agreements
with other agencies such as the Florida Department of Law Enforcement (FDLE), the Department of
Highway Safety and Motor Vehicles (DHSMV) and complying with all SCSO security training, policies
and, user agreements.
SECTION IN ULkg[LITY:
The Sheriff agrees to assume the liability to third parties for the acts, omissions, or conduct of member
agents while an SFCTF member agent is engaged in, activities, or initiatives pursuant to this Agreement,
subject to the provisions of Section 768.28, Florida Statutes. INothing in this Agreement shall constitute
or be deemed a waiver of sovereign immunity or of any other privilege, immunity or defense afforded
by law to the parties and the Sheriff and his officers,, officials, employees and agents.
SECTION X POWERS, PRIVILEGES, IMML)
- _NITIES MD CO§TS:
An employee of a participating law enforcement agency, when actually engaging in mutual cooperation
and assistance as a member of the SFCTF outside the jurisdictional limits of the mernbees, agency
jurisdictional limits, shall pursuant to Section 23.127(1) Florida Statutes have the same powers, rights,
duties, privileges and immunities as if the employee was performing duties inside the member's own
political subdivision in which he/she is normally employed.
Each party hereto, agrees that each will retain fuIll responsibility for and payment of salary (including
overtime compensation or compensatory time), retirement/pension, insurance, disability, worker's
compensation benefits and any other employment benefits for the respective agency's members
participating in the SFCTF. Such compensation shall Include time spent by the member for training
purposes,
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Each member Agency shallll be responsible for damages, expenses and costs for workees
compensation or personal injury in the event it's assigned personnel is injured during an SFCTF
investigation or operation, as if the assigned member was providing the services in his1her own
jurisdiction,
Each party agrees that the privileges and immunities from liability, exemption from laws, ordinances
and rules, and application of all pension, insurance, relief, disability, worker's compensation, salary
(including overtime compensation or compensatory time), death ands other benefits that apply to the
activity of an employee when performingi the employee's duties, shall apply to the employee to the same
degree, manner and extent while such employee acts under this Agreement.
Each participating agency agrees to maintain in full force and effect, its own, comprehensive general
liability insurance, professional liability insurance, and automotive liability insurance, or maintain a self -
Insuring fund, which, In the judgment of, the governing body of that partylagency, is at least adequate
to cover the risk to which that party may be exposed for the term of this Agreement. In: no event shall
such coverage be less than the statutory waiver of sovereign immunity. Should the aforementioned
insurance coverage, however provided, be cancelled or undergo material change, the party shall notify
each of the other parties to this Agreement of such change in writing within ten (10) days of receipt of
actual or constructive notice or actual knowledge of such change.
SECTION XII DISPUTE RESOLUTION:
The Task Force Supervisor will handle minor disciplinary problems,. In the event a problem is of a
substantive nature and requires a formal, investigation, the Task Force Supervisorwill, notify the Agency
Head, or designee, and the Sheriff via the chain of command for appropriate action, Investigations
requiring formal discipline or more severe sanctions will be handled by the investigators,
parent/originating agency. The results of any Investigation will be presented, to, both the Agency Head
and the Sheriff.
SECTION X111 RANDUNIG AND DISTRIBUTION QF FORFEITED ASSETS:
The parties agree and understand thatthe following procedures shall be utilized in relation to the seizure
of property for forfeiture and the distribution same, which is seized by the SFCTF that may be subject
to forfeiture:
All seizures of monies, vehicles, aircraft, boats, real and other personal properties by the
SFCTF will be proceeded against, if possible, in forfeiture. Proceedings will be handled by the
attorney supporting the SFCTF unless otherwise determined by the Sheriff. The Sheriff shall
be responsible for the outlay of costs regarding proceeding and handling of the forfeiture action.
All property, with the exception of currency, obtained through forfeiture, whether by final order
of forfeiture or pursuant to settlement, shall be sold. If, however, any item of forfeited property
is sought to be kept for use by SFCTF such alternative disposition will be decided by Sheriff,
2, Upon the sale of forfeited property or upon forfeiture or settlement of currency type property,
the Sheriff shall be reimbursed, to the extent that monies and proceeds are available, to include
the following, reimbursement for the costs Incurred in the towing, off -side storage, maintenance
and, security of the property; court costs and related costs incurred In the filing of the forfeiture
proceeding and maintenance of the suit through the trial court resolution of the matter and
attorney's fees paid to retained counsel, N other than Sheriffs Counsel or a Prosecuting
Authority handles, the forfeiture, The Sheriff shall be responsible for the payment of all Appellate
costs on a forfeiture case and any attorneys fees ordered by the court at both the trial court
and appellate level up to a combined amount of $2,6001. Appellate costs and attorney fees
which exceed $2,sao shall, be reimbursed to, the Sheriff to the extent that monies and proceeds
6,
are available. The Sheriff shall also be solely responsible for the damage to the property while
stored in its custody during the pendency of a forfeiture action. Both currency received by way
of a forfeiture, whether by settlement or final judgement, and the proceeds from the sale of
forfeited property, will be divided equally amongst the Full -Time Member Agencies.
3,. All parties agree that the Forfeiture Policy of the Seminole County Sheriff's Office shall govern
forfeitures instituted by the SFCTF,
4, It is hereby agreed, for the purpose of this Agreement only, that the attorney supporting the
SFCTF is hereby authorized to represent all of the member agencies in any court of competent
jurisdiction for the purposes, of proceeding in forfeiture against any of the aforementioned
seized vehicles, monies, real or personal property. It is also agreed that if a situation arises
where counsel outside the Sheriff's Office is needed and retained as determined by the Sheriff,
said outside retained counsel is hereby authorized to represent all of the member agencies in
any court of competent jurisdiction for the purposes of proceed ing in forfeiture against any of
the, aforementioned seized vehicles, monies, real or personal property.
4411 [#M V.41V= �'j 111-14144 WLI N -*11'
All press releases pertaining to SFCTF operations will be coordinated through the Seminole County
Sheriff's Office PIC and the Task Force Supervisor. No unilateral press releases will be made! by any
member agency without the prior approval of the Seminole County Sheriffs Office PIO and the Task
Force Supervisor. In all situations, investigative reports, news coverage, and so forth vwillll be attributed
to SFCTF.
Criminal cases, which present violations of Florida Law occurring in a single judicial circuit, shall be
presented to the Office of the State Attorney, Criminal cases involving multi -circuit Issues within the
State of Florida will be referred to the Office of Statewide Prosecution, The Office of the State Attorney
will be notified of cases refe'rred'to the Office! of Statewide Prosecution. Criminal cases, which present
violations of Federal Law, shall be presented! to the Office of the Bitted' States Attomey. Cases which,
present violations of both, federal and state law, shall be presentedi to either the Office of the State
Attorney or the Office of Statewide Prosecution and the Office of the United States Attorney for their
determination of the appropriate forum for prosecution.
This Agreement shall take effect upon execution and approval by the hereinafter -named officials, and
shall continue in full force and effect until February 1, 2028 unless terminated prior thereto by any or all
the parties herein. Termination by a party will only be effective to terminate the Agreement between
the party requesting termination and the Sheriff.
This Agreement may be duplicated for dissemination to all Parties, and such duplicates shall be of the,
same force and effect as the original. Execution of this Agreement may be accomplished by properly
signing a separate signature page, the original of which shall be returned to, and maintained by, the
Seminole County Sheriffs Office, 100 Eslinger Way, Sanford, Seminole County, Florida 32773. Upon
full execution a copy shall be provided to the Florida Department of Law Enforcement, Mutual Aid
Coordinator, P.O. Box 1489, Tallahassee,, Florida 32302-1489 and to the Clerk of the Court, Seminole
County, by the Sheriff.
§ECTION, XV1 CANCELLATION
Under no circumstances may this Agreement be renewed or extended, except In writing. Any party may
N
withdraw from this Agreement upon sixty (60) days written notice to all other parties subscribed below,
Withdrawal by a party will only be effective to effect a withdrawal by [fiat party, and will not cause this
Agreement to be terminated.
0 1 a A i a WA M gmg
Pursuant to F.S. 23.1225(3), this Agreement may be entered into by a chief executive officer of the
agency who is authorized to contractually bind the agency. By signing below, an i!nidication of such
authorization is being made. Any signatory may attach to this signature page any further evidence of
authorization to rernain on file at the Seminole County Sheriff's Office along with this signature page.
All notices must be sent to the officers listed below.
IN WITNESS WHEREOF, THE PARTIES HERETO CATSE THESE P'I S Tiv BE SIGAIEU
ON THE DATE SPECIFIED:
Chief James Riggs
Altamonte Springs Police Department
Chief Larry Krantz
Casselberry Poli,9915epartment
Chief David Dowd
Longwood! Police Department
Chief Kevin Pratt
Lake Mary Police Department
Chief Cecil Smith
Sanford Police Department
Sheriff Dennis Lemnia
Semincle County Sheriff's Office
Am-
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Agreement to be terminated.
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agenCy who is authorized to contractually Vind the agency, By signing below, an indication or:su,
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agency who is aauthoil-ized to coninictually bind the agency. By sQnhg Mow an indWon of suell
autliot-i/.alion is being made.
In acknowledgment and execution oroic Semkinde 11nanch! coirnes rask Faive Mutual Aid
Agreement Alcinoratulum of Undmatanding. I liet-eby set my hand and seal:
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STATE OF FLO W DA
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wiffidraw from this Agreenvent upon sixty (60) days writtent notice to all other parties subscribed Wow.
Withdrawal by a party will only be effective to effect a withdrawal by that party, and will not cause this
Agreement to be terminated.
Pursuant to F.S.23,1225(3), this Agreernent may be entered into by a chief executive officer of the
agency who is, authorized to contractually bind the agency. By signing below, at) indication of such
authorization is hIeing made, Any signatory may attach to this signature page any further evidence of
authorization to remain on file at the Seminole County Sheriff's Office afong with this signature page,
All notices must be sent to the officers, fisted below,
i I F 11 ll::: I III il I IIII i I 111 5, 11
Chief ,Jar nes Riggs
Altamonte Springs Police Department
Chief Larry Krantz
Casselberry Pollice Department
Chief DavidD wda
Long� �10 91i Ic eP`ewr� e nt
Lake Mary
Chief,�066il mith
Sanford Poric Department
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Sheriff Denn1i
Seminole County Sheriff's Office
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