2301 MUA Orange Co SO and Sanford PD - Joint Traffic OperationsMiller, Katie
From:
MutualAid@fdle.state.fl.us
Sent:
Friday, January 8, 2021 2:34 PM
To:
Miller, Katie
Subject:
Mutual Aid Submission
E—RECEIPTforMutual ANAgreement
On 1/8/20212:32:52 PM, this office received a file copy of the mutual aid agreement between the Orange
County SO and Sanford PD.
Below is a copy of the information you submitted:
Pursuant to the administrative reporting requirements of the Mutual Aid Act (F.S. §23.1225(4)), a copy of this
agreement is now on file with the Florida Department of Law Enforcement.
It is recommended that this receipt (or copy) be maintained with each original agreement to document that you
have complied with this requirement, and that you inform each other participating agency of your compliance.
Please remember that a copy of each newly executed law enforcement mutual aid agreement constructed under
the authority of the Florida Mutual Aid Act needs to be promptly submitted to FDLE via the Florida Mutual Aid
Website located on Florida's Criminal Justice Network (CJNET).
Participating agencies should note that FAQ's related to developing mutual aid agreements and model
agreements which incorporate current statutory requirements may be found on the FDLE's Mutual Aid Website
— Local Assistance Page located on Florida's Criminal Justice Network (CJNET).These model agreements may
be downloaded and adapted to meet the needs of participating agencies.
For specific local or regional issues, questions, or for direct assistance with agreements or mutual aid planning,
please contact:
Harvey Jones — Mutual Aid Operations Review Specialist
Investigations & Forensic Science Program, Office of Statewide Investigative Services
Phone — 850.410.7067
Cell — 850.528.4206
,MutualAid(ii)ftile.st,,,.ttc.fl.tis
COMBINED
OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT FOR JOINT TRAFFIC OPERATIONS
JANUARY 1, 2021 thru DECEMBER 31, 2024
WITNESSETH
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 law enforcement situations including, but not limited to, emergencies as
defined under Florida Statute 252.34; 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; and
Whereas, the Sheriff of Orange County, Florida ("OCSO"), and the City of Sanford, Florida
("City"), have the authority under Florida Statute 23.1225, et seq., the "Florida Mutual Aid Act,"
to enter into a combined mutual aid agreement for law enforcement service which:
(1) Provides for rendering of assistance in a law enforcement emergency, as defined
in Florida Statute 252.34; and
(2) Permits voluntary cooperation and assistance of a routine law enforcement
nature across jurisdictional lines.
Now, therefore, the parties agree as follows:
SECTION I. PROVISIONS FOR 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 emergency joint traffic
operations (e.g., impromptu visit by government dignitary) and related law enforcement
situations (e.g., person stopped for traffic offense resists and is subject to arrest).
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 for joint traffic operations and related law enforcement
situations (e.g., person stopped for traffic offense resists and is subject to arrest).
SECTION Ill. PROCEDURE FOR REQUESTING ASSISTANCE
A. A party in need of assistance as set forth above shall notify the agency from whom such
assistance is required and provide appropriate information (e.g., nature of the law enforcement
assistance requested). Requests for assistance may be verbal or written. The Sheriff or Chief
of Police whose assistance is sought, or their authorized designee, shall evaluate the situation
and their available resources and will respond in a manner they deem appropriate.
B. Written requests may be delivered by hand, U.S. Mail, teletype, or e-mail. Written
requests directed to the OCSO via U.S. Mail shall be addressed to P.O. Box 1440, Orlando,
Florida 32802-1440. Written requests directed to the City of Sanford, Florida via U.S. Mail
shall be addressed to Chief of Police, Sanford Police Department, 815 Historic Goldsboro
Boulevard, Sanford, FL 32771. Each party is responsible for tracking mutual aid requests
made or received in accordance with this Agreement.
C. The Sheriff or Chief of Police in whose jurisdiction assistance is being rendered may
determine who is authorized to lend assistance in their jurisdiction, for how long such
assistance is authorized, and for what purpose such authority is granted. This authority may
be granted either verbally or in writing as the particular situation dictates.
D. Neither party shall be required to deplete unreasonably its own equipment, resources,
facilities, and services in furnishing mutual aid herein. 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.
E. Upon request by the other party, personnel provided by the responding agency shall
assist in transporting and processing prisoners during situations involving mass arrests. Upon
request by the other party, they shall also assist with operating temporary detention facilities.
F. 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.
G. Upon request by the other party, the requesting or responding agency shall complete a
detailed report and forward a copy to the other agency.
H. If an officer from one party takes law enforcement action in the jurisdiction of the other
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.
1. City officers are not empowered under this Agreement to take law enforcement action in
Orange County without specifically contacting the OCSO in advance for permission. The
decision of the Sheriff or designee in these matters shall be final. OCSO deputies are not
empowered under this Agreement to take action in City without specifically contacting the City
in advance for permission. The decision of the Chief of Police or designee in these matters
shall be final.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITIES
A. The resources or facilities that are assigned by the assisting agency shall be under the
immediate command of a supervising officer designated by the assisting agency. Such
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pension/retirement, vacation time, sick leave, and any amounts due for personal injury or
death. Each party shall also defray the actual travel and maintenance expenses of its
employees while they are rendering such aid.
D. 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 activity of an employee of an agency when performing the
employee's duties within the territorial limits of the employee's agency apply to the employee
to the same degree, manner, and extent while engaged in the performance of the employee's
duties extraterritorially under the provisions of this mutual aid agreement. The provisions of
this section shall apply with equal effect to paid, volunteer, and auxiliary employees.
E. Nothing herein shall prevent the requesting agency from seeking supplemental
appropriations from the governing authority having budgeting jurisdiction, or funds from other
available sources, to reimburse the assisting agency for any actual costs or expenses incurred
by the assisting agency performing hereunder.
SECTION VII: TERM
This Agreement shall take effect upon execution and approval by the hereinafter named
officials and shall continue in full force and effect through December 31, 2024. If they so agree
in writing, the Sheriff and Chief of Police may extend the term of this Agreement for a period of
up to 120 days.
SECTION VIII: CANCELLATION
A party may terminate this Agreement for convenience upon delivery of written notice to the
other party. The liability provisions of this Agreement shall survive any such termination.
SECTION IX: RELATION TO OTHER AGREEMENTS
Nothing herein is intended to abrogate any other agreements, or portions thereof, between the
parties.
SECTION X: MISCELLANEOUS PROVISIONS
Each party shall adopt and enforce written policy that is consistent with this Agreement and
applicable law. Each party shall also train its law enforcement officers on extraterritorial
jurisdiction, including but not limited to the parameters of mutual aid agreements.
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) during 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
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forfeiture action. For joint operations or task forces, the Sheriff and Chief of Police may agree
on which agency will be responsible for maintaining related forfeiture actions. The agency
pursuing the 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 to the other.
D. Law Enforcement Related Off -Duty Employment
This Agreement does not grant law enforcement powers for purposes of law enforcement
related off-duty employment.
E. 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.
F. Conflicts with Florida Mutual Aid Act
In the event of a conflict between the provisions of this Agreement and Florida Statute
23.1225, et seq., the "Florida Mutual Aid Act," the provisions of the Florida Mutual Aid Act shall
control.
G. Amendments
This Agreement contains the entire understanding between the parties and shall not be
renewed, amended, or extended except in writing.
H. Governing Law and Venue
This Agreement shall be construed in accordance with Florida law. The venue of any litigation
arising hereunder shall be Orange County, Florida.
In witness whereof, the parties have caused this Agreement to be executed by the
undersigned persons as duly authorized.
R
Jo'nt M,!na`
as S eriffbf Orange County, Florida
Date: / I
FOR USE AND RELIANCE ONLY BY THE
SHERIFF OF ORANGE COUNTY, FLORIDA.
APPR7D AS TO FORM AND LEGALITY
THIS "YF 2021.
General Counsel
Sanford Police Department
Reviewed and recommended for approval by:
Cecil Smith, Chief of Police
Pursuant to Section 23.1225(3), Florida Statutes, 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 indication of such authorization is being made.
City of Sanford
City Manager
Date: // - / � - 2 � Z -c,
Attest:
100�
City Clerk
Approved as to form
and legal sufficiency.
Fty Attorney
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