2012-78 •
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ot'°I:\-..114*"r'.4. -.74 ,4!?"4~ LAKE COUNTY SHERIFF'S OFFICE '
pA R; - LAKE COUNTY, FLORIDA Gary S. Borders, Sheriff
MEMORANDUM OF UNDERSTANDING
City-County Investigations Unit
This Memorandum of Understanding(MOU) is entered into by Charles
Broadway, Interim Chief of Police for the City of Clermont and Gary S. Borders, the
Sheriff of Lake County, Florida, in and for the Lake County Sheriffs Office(hereinafter
referred to as"Sheriff). This MOU is for the sole purpose of establishing guidelines and
limitation of powers given by the Sheriff of Lake County to sworn officers from other
local law enforcement agencies within the county who are being sworn as Deputy
Sheriffs while actively participating in the City-County Investigative Unit(CCIU).
WHEREAS, pursuant to section 30.07, Florida Statutes, the sworn officer will be
deputized as a regular deputy of the Sheriff of Lake County with the following powers
and limitations to those powers.
1. The time limits of the deputization shall be from the time the officer is officially
sworn as a Deputy Sheriff of Lake County until revoked or rescinded. The powers given
to the officer shall be solely to aid the Sheriff in the performance of his duties as the
elected Sheriff of Lake County. The Sheriff expressly reserves the right to revoke the
officer's authority as a Lake County Deputy Sheriff at any time with or without cause.
This deputization shall be rescinded upon the officer's termination, suspension,
retirement or resignation from the employing agency, or having their credentials
suspended or revoked by the Criminal Justice Standards and Training Commission. This
deputization shall also be rescinded upon the officer's reassignment of duties from
narcotics investigations by the head of the employing agency.
2. Any actions taken on behalf of the Sheriff by the officer become the actions of the
Sheriff. As such, these actions must be subject to the procedures, rules, regulations,
directives, and policies of the Lake County Sheriff's Office. Therefore, before any officer
takes any action utilizing the power given them by the Sheriff, the officer must
completely familiarize himself/herself with all procedures, rules, regulations, directives
and policies of the Lake County Sheriff's Office and must completely comply with them.
3. In light of the foregoing, the officer will be instructed that before he/she may
exercise any power in the name of the Sheriff, except in case of any emergency where
his/her action is needed to prevent the loss of life or great damage to property, the officer
must receive the specific authority to do so from the Sheriff or his designee, within which
he/she need to exercise the powers as a Deputy Sheriff of Lake County. Any arrests
made in the name of the Sheriff by the officer shall be immediately reported on whatever
forms required by the Lake County Sheriff's Office.
4. Under no circumstances will the officer exercise his/her powers as a Deputy
Sheriff of Lake County to initiate or further an investigation beyond authorization of the
Sheriff or his designee.
5. The powers given to the officer as a Deputy Sheriff of Lake County are strictly
limited to the time he/she is working(actual hours) in the CCIU. The officer will not
have Deputy Sheriff powers outside the actual time assigned to CCIU, except as
otherwise provided.
6. The officer shall not use his/her powers as a Deputy Sheriff of Lake County to
work off-duty employment.
7. The officer shall actively participate in CCIU operations and attend, at the least,
one CCIU weekly meeting per month. Failure to comply with this requirement may
result in the revocation of his/her deputization.
8. Any seizure of property pursuant to Chapter 932, Florida Statutes, will be
processed through forfeiture procedures of the Lake County Sheriff's Office. The CCIU
is comprised of officers from several local law enforcement agencies within Lake
County, and detectives of the Lake County Sheriff's Office. As such, in the event of a
forfeiture of property, it is agreed that the net proceeds from such forfeiture will be
shared by the agencies involved in the initial seizure and in accordance to the number of
personnel who actively participated in the CCIU at the time of the particular investigation
which led to the seizure. The amount of the net proceeds to be shared among the
agencies involved will exclude a 20% administrative fee for the processing of the
forfeiture by the Lake County Sheriff's Office Legal counsel, and any fees paid by the
Sheriff, to include but not limited to filing fees, publication, and lien costs, which shall be
reimbursed from the gross proceeds to the Lake County Sheriff's Office prior to the
equitable sharing of the net proceeds. Any deviation from this equitable sharing
agreement shall be approved by the Sheriff or his designee, and the head of the local law
enforcement agency involved in the particular forfeiture.
Accept-d and, cknoyedged:
rTh
Charles Broadway, Interim Chief of Police ''• ess on beha of Gary S. Borders,
Clermont Police Department Sheriff of Lake County
Date: j — t G— ( Q Date: i
VP( I t(1 Z__
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Gary S. Bo ders, Sheriff of Lake County Date