HomeMy WebLinkAbout992-MUTUAL AID-InvestigativeMUTUAL AID AGREEMENT BETWEEN THE MEMBER
AGENCIES OF THE CITY/COUNTY INVESTIGATIVE BUREAU ?
AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT ~'
WHEREAS, the below subscribed law enforcement agencies have joined together in a niulti'J,~:~¢~
jurisdictional task force to identify organizations which engage in illicit narcotics trafficking,
prostitution, and other forms of organized crime throughout the State of Florida, and to dismantle
organizations engaging in such activity; and
WHEREAS, the undersigned agencies are all participants in a multi-agency task force known
collectively as the City/County Investigative Bureau.
WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to
prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and
WHEREAS, the undersigned agencies have the authority under Part 1, Chapter 23, Florida
Statutes, "the Florida Mutual Aid Act," to enter into a voluntary agreement for cooperation and
assistance of a routine law enforcement nature that crosses jurisdictional lines;
WHEREAS, this agreement does not supercede or take the place of any other agreement entered
into by the various members of the City/County Investigative Bureau. Those agreements shall
remain in full effect.
NOW THEREFORE, the parties agree as follows:
Pursuant to signing this Agreement, each of the undersigned law enforcement agencies approve,
authorize and enter into this Agreement at the request of the member agencies of the City/County
Investigative Bureau and the Florida Department of Law Enforcement (FDLE) to implement
within the jurisdictional and other limits as noted herein for the purposes and goals indicated.
Parties To This Agreement:
The Florida Department of Law Enforcement (FDLE)
The Seminole County Sheriff's Office
Altamonte Springs Police Department
Casselberry Police Department
Lake Mary Police Department
Longwood Police Department
Oviedo Police Department
Sanford Police Department
Winter Springs Police Department
Amtrak Police Department
Additional parties may, at the request and with the approval of FDLE and the other City/County
Investigative Bureau members, enter into this Agreement at a later date as evidenced by their
signing of this Agreement. Any party may cancel its participation in this Agreement upon
delivery of written notice of cancellation to the Florida Department of Law Enforcement.
CITY/COUNTY INVESTIGATIVE BUREAU GOALS AND COOPERATION TO
BE RENDERED:
The goal of the City/County Investigative Bureau is to effect dedicated and intensive
investigative, preventative, and general law enfomement efforts primarily with regard to the
investigation of offenses relating to illicit narcotics trafficking, prostitution, and organized crime.
The City/County Investigative Bureau efforts shall include, but are not limited to, the creation of
a intelligence database of organizations engaging in the aforementioned activity; the surveillance
of those identified target organizations; undercover operations designed to detect the illegal
activity and to identify those involved in such activity including those directing or otherwise
controlling such activity; the arrest and prosecution of those involved (utilizing state and federal
prosecutions, as appropriate); the seizure and forfeiture of assets of those engaged in such
activity or otherwise supporting such activity (utilizing state and federal forfeiture options, as
appropriate); the prosecution of regulatory and civil actions designed to end such criminal
activity, as appropriate; and the referral of investigative leads and intelligence to such other
federal, state, or local law enforcement authorities as may be required and appropriate.
Nothing herein shall otherwise limit the ability of participating City/County Investigative Bureau
members to provide, as provided by or allowed by law, such assistance in any enforcement action
as may be lawfully requested by a law enforcement officer having jurisdiction over an incident,
crime or matter under consideration.
The parties to this Agreement are contributing personnel and resources in support of the
City/County Investigative Bureau efforts, with the operations of the City/County Investigative
Bureau being coordinated with FDLE and other agency members.
JURISDICTION, PROCEDURES FOR REQUESTING ASSISTANCE, COMMAND AND
SUPERVISORY RESPONSIBILITY:
Jurisdiction: The principal site of City/County Investigative Bureau activity shall be in Sanford,
Seminole County, Florida. When engaged in City/County Investigative Bureau operations that
have been approved by the Florida Department of Law Enforcement, as contemplated by this
Agreement, City/County Investigative Bureau members that do not otherwise have jurisdictional
authority shall enjoy full jurisdictional authority anywhere in the State of Florida, although
principally focused within the region, with full power to enforce Florida laws and avail
themselves of the provisions of this Agreement. Officers assigned to City/County Investigative
Bureau operations pursuant to this agreement shall be empowered to render enforcement
assistance and take enforcement action in accordance with the law and the terms of this
Agreement. Execution of this agreement and continued participation by FDLE and one or more
City/County Investigative Bureau member agencies shall constitute a general reciprocal,
continuing request for and granting of assistance between the members of the task force which
shall be considered authorized in accordance with the provisions of this Agreement. No
additional or specific formal request for assistance is required. City/County Investigative Bureau
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members operating outside the jurisdiction of their respective Agencies shall not enjoy extra-
jurisdictional authority as law enfomement officers unless engaged in approved City/County
Investigative Bureau activities as stated herein. The parties to this Agreement recognize that any
extension of jurisdictional authority beyond the territorial bounds conferred upon them pursuant
to the City/County Investigative Bureau Guidelines (revised September 4, 2002) is by reason of
the Agreement and the overall supervision and authority of the FDLE as provided by the "Florida
Mutual Aid Act." Pursuant to Section 23.127(1), Florida Statues, employees and agents of the
undersigned Agencies participating in the City/County Investigative Bureau 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 performing duties
inside the political subdivision in which the employee is normally employed.
Activities shall be considered authorized only when approved and directed as provided herein by
an FDLE supervisor or command designee. If at anytime an FDLE supervisor or FDLE special
agent designee(s) determines that an extra-territorial City/County Investigative Bureau operation
pursuant to this agreement should be terminated, said operation is to be promptly terminated in a
manner assuring the safety of all involved law enforcement officers.
No City/County Investigative Bureau employee or agent shall engage in activities outside the
jurisdictional territory of the City/County Investigative Bureau pursuant to the authority of this
Agreement that are not approved, are unreported or otherwise unknown to the FDLE supervisor
and which are not documented as provided herein. The FDLE supervisor(s) shall maintain
documentation that will demonstrate the daily involvement of specific employees or agents
provided by the parties to this Agreement, including each operation's supervisor or designated
leader.
The FDLE may request that a particular employee or agent of the City/County Investigative
Bureau no longer be allowed to participate in furtherance of this provision of the Agreement.
Upon receiving the request, the employing Agency shall promptly terminate said person's
participation in the activities contemplated by this provision of the Agreement.
Whenever an operation occurs outside the territorial limits of the FDLE Orlando Regional
Operations Center, the Chief of Investigations for the FDLE office in the region affected shall be
notified about the presence of City/County Investigative Bureau personnel in his or her region.
Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an
employee as a member of the employee's Agency.
FORFEITURE ACTIONS ARISING FROM THIS AGREEMENT:
Forfeiture actions based upon seizures made by the City/County Investigative Bureau may be
pursued in either state or federal actions. Actions shall be based upon current statutory and case
law. Distribution of the proceeds shall be made in accordance with the method set forth in the
current City/County Investigative Bureau Guidelines, Section 2.
EVIDENCE AND RECORDS:
All evidence, including currency, seized outside the regular jurisdictional boundaries of
City/County Investigative Bureau pursuant to this Agreement shall be taken into custody and
processed by an FDLE Special Agent in accordance with FDLE policy relating to the handling of
evidence/currency.
LIABILITY AND COST-RELATED ISSUES:
Each party engaging in any mutual cooperation and assistance pursuant to this Agreement agrees
to assume its own liability and responsibility for the acts, omission, or conduct of such party's
own employees while such employees are engaged in rendering such aid, cooperation and
assistance pursuant to this Agreement, subject to the provisions of Section 768.28, Florida
Statutes, where applicable.
Each party to this Agreement agrees to furnish necessary personnel, property, police equipment,
vehicles, resources and facilities to render services to each other party to this Agreement in order
to effect the purposes of the City/County Investigative Bureau and agrees to bear the cost of loss
or damage to such equipment, vehicles, or property. Parties understand and agree that they will
be responsible for their own liability and bear their own costs with regard to their property and
resoumes. This provision shall not preclude necessary property or resources being purchased,
funded, or provided by a participating party via the party's legally vested forfeiture funds, if
otherwise authorized by law.
Each Agency furnishing aid pursuant to this Agreement shall compensate its employees during
the time such aid is rendered and shall defray the actual expenses of its employees while they are
rendering such aid, including any amounts paid or due for compensation due to personal injury or
death while such employees are engaged in rendering such aid. The privileges and immunities
from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief,
disability, workers' compensation, salary (including overtime compensation or compensatory
time), death and other benefits that apply to the activity of an employee of an Agency when
performing the employee's duties within the territorial limits of the employee's Agency shall
apply to the employee to the same degree, manner, and extent while such employee acts under
this Agreement. This provision shall not preclude payment of compensation, including overtime
compensation, for it's personnel utilizing its legally vested forfeiture funds to the extent allowed
by law.
Each party agrees to maintain its own comprehensive general liability insurance, professional
liability insurance, and automotive liability insurance or maintain a self-insuring fund for the
term of this Agreement in the amounts determined by each party to adequately insure such
party's liability assumed herein. But in no event shall such coverage be less than the statutory
waiver of sovereign immunity. Each party agrees to provide the other parties with a copy of the
respective insurance required hereunder, including the endorsements thereto and renewals
thereto. In the event a party maintains a self-insurance fund, such party agrees to provide the
other parties with documentation to substantiate the existence and maintenance of such self-
insurance fund.
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COMPLAINTS AGAINST CITY/COUNTY INVESTIGATIVE BUREAU MEMBERS:
Whenever a complaint has been lodged as a result of City/County Investigative Bureau efforts
outside their jurisdictional boundaries pursuant to this Agreement, a designee of the FDLE shall
ascertain at a minimum:
The identity(ies) of the complainant(s) and an address where the co~nplainant(s) may be
contacted, the nature of the complaint, any supporting evidence or facts as may be available,
including the names and addresses of witnesses to that which has been complained about, the
identity(ies) of the City/County Investigative Bureau participant(s) accused and the employing
Agency(ies) of the participant(s) accused.
FDLE will promptly provide to each affected employing Agency the above information for
administrative review and appropriate handling or disposition. Each affected employing Agency
shall, upon completion of said review, notify FDLE of its findings and any actions taken.
OBLIGATION TO COORDINATE WITH PROSECUTOR'S OFFICE:
The principal goal of the City/County Investigative Bureau is the successful prosecution of
criminal violators. Successful prosecution requires close coordination with prosecuting
authorities, both in the state and federal courts. Members of the City/County Investigative
Bureau are obligated to coordinate their efforts in such a way as to support the efficient
prosecution of cases, including, but not limited to, prompt responses to requests from prosecutors
for information or assistance in handling City/County Investigative Bureau generated cases, and
reasonable availability for pretrial conferences with prosecutors, discovery depositions, pretrial
hearings and trials. Civil or administrative actions derived from City/County Investigative
Bureau operations are likewise to receive coordinated support efforts from City/County
Investigative Bureau members. City/County Investigative Bureau supervisors shall monitor the
efforts of City/County Investigative Bureau members in support of criminal prosecutions, civil
actions, administrative actions and forfeiture cases. Such monitoring shall include regular
contact with assigned prosecutors or attorneys pursuing actions on behalf of the City/County
Investigative Bureau to assure the expected level of support from City/County Investigative
Bureau members is occurring. Failure by a member of the City/County Investigative Bureau to
support such efforts on a routine and regular basis in the manner set forth herein shall constitute
grounds for removal of the member from this Agreement.
COPY TO EACH PARTICIPATING CITY/COUNTY INVESTIGATIVE BUREAU
MEMBER:
When this Agreement is fully executed, a copy shall be provided to each City/County
Investigative Bureau member so that each member may be fully aware of the powers, limitations,
and expectations applicable to City/County Investigative Bureau members and operations.
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TERM OF AGREEMENT:
This Agreement shall be effective as to the executing Parties upon execution by the member
agencies of the City/County Investigative Bureau and the FDLE. As each additional Party
executes this Agreement, it shall be effective as to the newly executing Party. 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 signified by properly signing a
separate signature page, the original of which shall be returned to, and maintained by, the Florida
Department of Law Enforcement, Mutual Aid Coordinator, P.O. Box 1489, Tallahassee, Florida
32302-1489 with a copy provided to the Regional Director, Florida Department of Law
Enforcement, 500 W. Robinson Street, Orlando, Florida 32801.
This Agreement shall remain in full force as to all participating Parties until December 1, 2004,
unless terminated in writing by the FDLE as to all or separate Parties. Any party may withdraw
from this Agreement upon providing written notice to FDLE and all other participating parties.
Any written cancellation or extension shall be forwarded to FDLE at the address noted above.
For the Florida Department of Law Enforcement (FDLE):
Date
For the Sanford Police Department: