1823 Sunrail Mutual Aid 2014SUNRAIL
COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT vq [+
WHEREAS, the subscribing law enforcement agencies are so located in relation to each
other that it is to the advantage of each to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to:
(1) Intensive situations including but not limited to emergencies as defined under
§252.34, F.S.; and
(2) Continuing, multi jurisdictional law enforcement problems, so as to protect the
public peace and safety, and preserve the lives and property of the people.
WHEREAS, the subscribing agencies have the authority under §23.12, F.S., et seq., the
"Florida Mutual Aid Act," to enter into a mutual aid agreement for law enforcement service
which:
(1) Provides for rendering of assistance in a law enforcement emergency, as defined
in §252.34, F.S.; and
(2) Permits voluntary cooperation and assistance of a routine law enforcement
nature across jurisdictional lines.
NOW, THEREFORE, the parties agree as follows:
Section 1: Operational Assistance
The subscribing agencies hereby approve and enter into this Agreement whereby each
agency may request and render law enforcement assistance to the other for law enforcement
emergencies, including but not limited to civil disturbances, fires, natural or man-made
disasters, escapes from detention facilities, hostage or barricaded suspect situations, and
incidents requiring utilization of specialized units.
Section II: Voluntary Cooperation
A. The subscribing agencies hereby approve and enter into this Agreement
whereby each agency may request and render voluntary cooperation and assistance of a
routine law enforcement nature across jurisdictional lines. This assistance may address
violations of any Florida Statute, e.g., investigating homicides, sex offenses, robberies,
assaults, burglaries, larcenies, gambling, drug offenses pursuant to Chapter 893, F.S. The
agencies may conduct joint investigations or operations and may participate in inter -agency
task forces.
B. SunRail is Central Florida's commuter rail system and, when fully completed, will
connect Deland in Volusia County to Poinciana in Osceola County. The parties are located
along the SunRail line.
When a person reports that a violation of law occurred on a SunRail train, the party
receiving the report shall investigate the offense and try to determine the jurisdiction in which it
occurred. If the jurisdiction in which the offense occurred is unknown, the party receiving the
report shall assume jurisdiction for any follow-up investigation. If it is determined at any time
that the offense occurred in another jurisdiction, the case shall be referred to the appropriate
agency and a written report provided.
The parties agree their officers are hereby authorized to take law enforcement action to
address forcible felonies, as defined by Florida Statute 776.08, which they witness on a
SunRail train or at a SunRail passenger terminal. An officer taking such action in a jurisdiction
other than his or her own shall notify the applicable agency as soon as practicable, and officers
from the responding agency shall assume the investigation. The officer who gave notice of the
incident shall assist as needed and shall submit a written report documenting the incident and
the actions taken. This provision is not intended to grant general authority to conduct
investigations, serve warrants or subpoenas, or attend to matters of a routine nature, but rather
is intended to address critical, life threatening, or public safety situations.
C. This Agreement does not grant law enforcement powers for purposes of off-duty
law enforcement employment.
Section III: Procedures for Requesting or Providing Aid
A party to this Agreement ("requesting agency") may obtain assistance as set forth
above from another party ("responding agency"). The chief law enforcement executive (Sheriff
or Chief of Police) or designee of the requesting agency shall direct the request to the chief law
enforcement executive or designee of the responding agency. The request shall specify the
needed assistance, e.g., number of personnel, type of equipment, location where equipment or
personnel will be assigned, authorization to take law enforcement action in the other
jurisdiction. The chief law enforcement executive or designee shall evaluate the situation and
his or her agency's available resources and respond in a manner that he or she deems
appropriate.
The parties are not required to unreasonably deplete their own equipment, resources,
facilities, and services (e.g., personnel, marked units, unmarked units, K-9 units, national,
state, and county computer networks) to furnish mutual aid. The requesting agency shall
release equipment and personnel provided by the responding agency when they are no longer
needed or when the responding party determines they are needed within its jurisdiction.
Requests for assistance may be verbal or written. Written requests may be delivered by
hand, U.S. Mail, teletype, or e-mail. The parties shall furnish each other with up-to-date
contact information. Each party is responsible for tracking mutual aid requests made or
received in accordance with this Agreement.
Except for the limited purposes noted in Section II(B), a party is not empowered under
this Agreement to take law enforcement action in another party's jurisdiction without the prior
approval of the chief law enforcement executive or designee of that jurisdiction.
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If a party is rendering assistance in another jurisdiction pursuant to this Agreement, the
chief law enforcement executive or designee of that jurisdiction may determine who is
authorized to lend assistance, the nature of the assistance, how long assistance is authorized,
and for what purpose the authority is granted.
If an officer from one party takes law enforcement action in the jurisdiction of another
party pursuant to this Agreement, he or she shall notify the agency having jurisdiction and
thereafter take all necessary steps to lawfully complete the enforcement action, including but
not limited to, arresting the suspect, transporting the suspect to the appropriate booking
location, booking, and providing appropriate reports documenting the event and the actions
taken.
Upon request by the other party, personnel provided by the responding agency shall
assist in transporting and processing prisoners and operating temporary detention facilities
during situations involving mass arrests.
The requesting agency shall be responsible for recording radio communications,
including but not limited to, time en route, number of units responding, time of arrival, time of
completion, and any other pertinent radio communication.
Upon request by the other party, the requesting or responding agency shall complete a
detailed report and forward a copy to the other agency.
Section IV: Command and Supervisory Responsibilities
The resources or facilities assigned by the responding agency shall be under the
immediate command of a supervising officer designated by the responding agency. Said
supervising officer shall be under the direct supervision and command of a person designated
by the chief executive officer, or his or her designee, of the requesting agency.
Conflicts: Whenever an agency member is rendering aid pursuant to this Agreement,
he or she shall abide by, and be subject to, the rules and regulations, personnel policies,
general orders, and standard operating procedures of his or her respective agency. If any
such rule, regulation, personnel policy, general order, or standard operating procedure is
contradicted, contravened, or otherwise in conflict with a direct order of a superior officer of the
requesting agency, then such rule, regulation, policy, general order, or standard operating
procedure shall control and supersede the direct order.
Handling Complaints: If there is cause to believe that a complaint has arisen from a
cooperative effort under this Agreement, the requesting agency shall be responsible for
documenting the complaint, to try to ascertain at a minimum:
1. The identity of the complainant.
2. An address where the complaining party can be contacted.
3. The specific allegation.
4. The identity of the accused agency members without regard to agency affiliation.
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The requesting agency shall provide the responding agency with this information, along
with a copy of all applicable documentation. The requesting agency shall expeditiously direct
the information and documentation to the professional standards unit of the responding
agency. The agency employing the subject of the complaint shall be responsible for
conducting an appropriate review.
Section V: Liability
Each party shall be responsible for the acts, omissions, and conduct of its agents,
employees, and appointees that occur while said persons are engaged in providing services
pursuant to this Agreement, subject to the provisions of Florida Statute 768.28 where
applicable.
Section VI: Powers, Privileges, Immunities, and Costs
Pursuant to the provisions of Florida Statute 23.127(1), an employee of a subscribing
agency who renders aid outside the agency's jurisdiction in accordance with this Agreement
shall have the same powers, duties, rights privileges, and immunities as if performing duties
inside the jurisdiction of his or her agency.
The privileges and immunities from liability; exemption from laws, ordinances, and rules;
and all pension, insurance, relief, disability, workers' compensation, salary, death and other
benefits that apply to the activities of a subscribing agency's employees when performing their
respective functions within their agencies' jurisdictional limits shall apply to them to the same
degree, manner, and extent while engaged in the performance of their duties extraterritorially
under the provisions of this Agreement. This provision shall apply with equal effect to paid,
volunteer, and reserve employees.
The responding agency shall compensate its employees during the time such aid is
rendered and shall defray the actual travel and maintenance 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 said employees are engaged in rendering such assistance.
Each party furnishing equipment pursuant to this Agreement must bear the cost of loss
or damage to that equipment and must pay any expense incurred in the operation and
maintenance of that equipment.
Nothing herein shall prevent the requesting agency from seeking supplemental
appropriations from the governing authority having budgeting jurisdiction to reimburse the
responding agency for any actual costs or expenses incurred by the responding agency
performing hereunder.
Section VII: Term
This Agreement shall take effect May 16, 2014 and shall continue in full force and effect
through December 31, 2016. The term of this Agreement may be extended for a period of up
to 120 days by written agreement executed prior to December 31, 2016 by the chief law
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enforcement executives of the parties. This Agreement may not be renewed or amended
except in writing.
Section VIII: Cancellation
A party may terminate its participation in this Agreement for convenience upon delivery
of written notice to the other parties. The liability provisions of this Agreement shall survive
any such termination.
Section IX: Miscellaneous Provisions
A. Agency Policy
Each party shall adopt and enforce written policy that is consistent with the terms of this
Agreement.
B. Forfeiture Litigation
If a subscribing agency seizes any vessel, motor vehicle, aircraft, or other property
pursuant to the Florida Contraband Forfeiture Act (Florida Statutes 932.701-707) in the
performance of this Agreement, the agency requesting assistance in the case of Operational
Assistance, and the seizing agency in the case of Voluntary Cooperation, shall be responsible
for maintaining a forfeiture action. For joint operations or task forces, the chief law
enforcement executives of the parties involved may agree on which agency will be responsible
for maintaining related forfeiture actions. The agency pursuing a forfeiture action shall have
the exclusive right to control, and responsibility to maintain, the proceedings and property in
accordance with the Florida Contraband Forfeiture Act, including but not limited to complete
discretion to bring a lawsuit, dismiss the case, or settle the case. Also, the agency pursuing
the forfeiture action may recover its reasonable costs from the proceeds of the case (e.g., filing
fee, court reporter fee, attorney time, auction expenses).
Proceeds from forfeited property seized as a result of or in accordance with this
Agreement shall be divided to reflect the resources committed by each party. The parties shall
confer to arrive at an appropriate formula. Similarly, if judgment and/or fees are entered
against law enforcement, the parties shall confer to arrive at an appropriate formula.
C. Powers
Nothing in this Agreement shall be construed as any transfer or contracting away of the
powers or functions of one party hereto to another party.
D. Damages
This Agreement shall in no event confer upon any person, corporation, partnership, or
other entity, including the parties hereto, the right to damages or any other form of relief
against any party to this Agreement for operations or omissions hereunder.
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E. Conflicts with Florida Mutual Aid Act
In the event of a conflict between the provisions of this Agreement and §23.12, F.S., et
seq., the "Florida Mutual Aid Act," the provisions of the Florida Mutual Aid Act shall control.
F. Amendments
This Agreement contains the entire understanding between the parties and shall not be
modified except in writing.
In witness whereof, the parties have caused this Agreement to be executed by the
undersigned persons as duly authorized.
SHERIFF'S OFFICE OF
ORANGE COUNTY, FLORIDA
Jerry L. Demings
as Sheriff of Orange County, Florida
Date:
FOR USE AND RELIANCE ONLY BY
THE SHERIFF OF ORANGE COUNTY,
FLORIDA. APPROVED AS TO FORM
AND LEGALITY THIS DAY OF
2014.
!-W
General Counsel
SHERIFF'S OFFICE OF
SEMINOLE COUNTY, FLORIDA
Donald S. Eslinger
as Sheriff of Seminole County, Florida
Date:
n.
SHERIFF'S OFFICE OF
OSCEOLA COUNTY, FLORIDA
Robert E. Hansell
as Sheriff of Osceola County, Florida
Date:
FOR USE AND RELIANCE ONLY BY
THE SHERIFF OF OSCEOLA
COUNTY, FLORIDA. APPROVED AS
TO FORM AND LEGALITY THIS
2014.
M
General Counsel
SHERIFF'S OFFICE OF
VOLUSIA COUNTY, FLORIDA
Michael Coffin
as Sheriff of Volusia County, Florida
Date:
FOR USE AND RELIANCE ONLY BY
THE SHERIFF OF SEMINOLE COUNTY,
FLORIDA. APPROVED AS TO FORM
AND LEGALITY THIS DAY OF
2014.
General Counsel
7
FOR USE AND RELIANCE ONLY BY
THE SHERIFF OF VOLUISA
COUNTY, FLORIDA. APPROVED AS
TO FORM AND LEGALITY THIS
2014.
:T
General Counsel
ALTAMONTE SPRINGS POLICE
DEPARTMENT
Michael J. McCoy
as Chief of Police
Date:
ATTEST:
City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF ALTAMONTE SPRINGS,
FLORIDA. APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
2014.
ma
City Attorney
R
APPROVED:
CITY OF ALTAMONTE SPRINGS,
FLORIDA
Patricia Bates
Mayor
EDGEWOOD POLICE DEPARTMENT
Christopher Francisco
as Chief of Police
Date:
ATTEST:
City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF EDGEWOOD, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
2014.
City Attorney
0
Ray Bagshaw
Mayor
kill
IL4601-1 I kyl ILYA 10:0111 Wei I I*] M 9149WAT'Ifflm - I
Lee Massie
as Chief of Police
Date:
ATTEST:
City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF KISSIMMEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
2014.
City Attorney
10
APPROVED:
CITY OF KISSIMMMEE, FLORIDA
Michael Steigerwald
City Manager
LAKE MARY POLICE DEPARTMENT
Steven Bracknell
as Chief of Police
Date:
ATTEST:
City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF LAKE MARY, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
2014.
BY:
City Attorney
11
APPROVED:
CITY OF LAKE MARY, FLORIDA
David J. Mealor
City Manager
LONGWOOD POLICE DEPARTMENT
Troy Hickson
as Chief of Police
Date:
ATTEST:
City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF LONGWOOD, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
2014.
WA
City Attorney
12
David J. Mealor
Brian Sackett
MAITLAND POLICE DEPARTMENT
Douglas M. Ball
as Chief of Police
Date:
ATTEST:
City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF MAITLAND, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
2014.
BY:
City Attorney
W,
APPROTTED-
CITY OF MAITLAND, FLORIDA
Howard Schieferdecker
Mayor
NVU, 09161affla[41251
John W. Mina
as Chief of Police
Date:
ATTEST:
City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF ORLANDO, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
2014.
m.
Chief Assistant City Attorney
14
APPROVED:
CITY OF ORLANDO, FLORIDA
Buddy Dyer
Mayor
City of Sanford:
SANFORD POLICE DEPARTMENT
ATTEST:
61z:*
Cynthia Porter
City Clerk
FOR USE AND RELIANCE-ORLT BT'
THE CITY OF SANFORD, FLORIDA.
APPROVED AS TO �QRM AND
LEGALITY THIS iK DAY OF
2014.
BY:
William L. Colbert
City Attorney
APPROVEW
/(Cecil Smith
Chief of Police
15
LyJyj I JIL I I: I 10LI VAJ 10
. ki rkj
Art King
as Chief of Police
Date:
ATTEST:
City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF WINTER PARK, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
m
City Attorney
2014.
IN
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MIUMM � i � � !�� !I' I ii I
Kenneth W. Bradley
Mayor