2016-68 Agreement Number
CSFA Number 71010
Financial Assistance Agreement between the
Florida Department of Law Enforcement
And
Clermont Police Department
Cyber High Tech Task Force Agreement
This agreement is entered into by and between the Florida Department of Law Enforcement (FDLE)
and Clermont Police Department(herein referred to as"participating agency"); and
WHEREAS, the parties entered into a Multi-Agency Voluntary Cooperation Mutual Aid Agreement
(MAA) to establish terms and conditions for the purpose of facilitating and providing technical
assistance and equipment in criminal investigations in Florida, which became effective upon
signature of the authorized representative of the parties and will remain in effect until June 30,
2017; and
WHEREAS, the MAA provides that the participating agency agrees to provide technical and
investigative assistance upon request; and
WHEREAS, FDLE has obtained budget authority for the 2016-2017 fiscal year to reimburse the
participating agency for overtime, fuel, and per diem costs, expended in the course of
investigative operations;
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree to this agreement
as follows:
OVERVIEW AND FUNDING
Term of Agreement
Agreement is effective from 07/01/2016 to 06/30/2017.
Upon execution of agreement, the participating agency will furnish the Department with written notice
of designated contacts for Chief Financial Officer and Project Director/Coordinator which will
coordinate with the Department's grant manager to fulfill requirements set forth in Section 215.971,
F.S., relative to this agreement.
Program Activities and Scope of Work
This agreement provides reimbursement, not to exceed $300,000 of participating agency costs and
not to exceed $17,500 per individual task force member, to participate in investigative operations or
related training. The participating agency will provide task force members to work overtime, provide
vehicles and fuel for the personnel, and provide personnel with necessary FDLE-approved training.
Deliverables, Performance and Reports
Task force members will conduct operations during the 2016-2017 state fiscal year, according to the
MAA. Task force members must be approved by the FDLE task force leader and must pass an FDLE
background investigation. Activities shall be considered authorized only when approved and directed
by an FDLE supervisor or command designee. FDLE's task force coordinator or designee shall
maintain activity logs that will demonstrate the involvement of specific employees or agents provided
by the parties to this agreement, including each operation's supervisor or designated leader.
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Agreement Number
CSFA Number 71010
Due to the nature of investigative operations, it is not possible to quantify minimum performance
measures such as the specific number of operations, number of overtime hours, or amount of fuel
and training resources that will be required over the agreement period. Additionally, active criminal
intelligence information, active criminal investigative information, and information revealing
surveillance techniques or procedures or personnel are exempt from public records disclosures under
Section 119.071(2), F.S.;therefore, specific activities will not be detailed in this agreement. FDLE will
determine the specific required services and activities and associated costs based on the nature of
each investigation.
The participating agency agrees to provide supporting documentation for expenditures as specified in
Attachment A.
Distribution and Payments
FDLE agrees to reimburse the participating agency for participation listed below not to exceed
$17,500 per individual task force member:
FDLE agrees to reimburse the participating agency for overtime expenses paid to personnel
employed by the participating agency for overtime incurred while participating in investigative
operations or training pursuant to the MAA. FDLE will reimburse paid overtime hours approved by
the task force leader for each such person at an overtime rate consistent with the participating
agency's established pay and compensation policy. A copy of the participating agency's current
policy will be provided to FDLE upon execution of this agreement.
FDLE agrees to reimburse the participating agency for vehicle fuel costs, at the rate of 44.5 cents per
mile, expended by such participating agency for fuel used by personnel employed by the participating
agency and operating a participating agency vehicle, while participating in investigative operations or
training pursuant to the MAA. This rate is in accordance with State of Florida travel guidelines and
documentation supporting mileage claimed must be submitted on a State of Florida travel voucher
form.
FDLE agrees to reimburse the participating agency for travel and per diem expenses in accordance
with State of Florida travel guidelines, Section 112.061, F.S. FDLE will reimburse each participant
employed by such participating agency for employee travel and per diem costs incurred in
conjunction with investigative operations or training pre-approved by the task force leader pursuant to
the MAA. All expenditures related to travel must be in accordance with the terms and conditions of
this agreement. Documentation supporting travel expenses must be submitted on a State of Florida
travel voucher. FDLE will reimburse authorized travel expenditures up to the amount paid by such
participating agency, not to exceed amounts specified in Section 112.061, F.S.
FDLE agrees to reimburse the participating agency for registration and training costs for training pre-
approved by the task force leader pursuant to the MAA.
This agreement authorizes funding of up to$17,500 per individual task force member assigned to the
task force by the participating agency. Available funds may be reprogrammed based on the
operational needs of the task force; therefore, the actual amount to be reimbursed may be reduced
subject to the availability of funds.
The participating agency agrees to follow invoicing procedures for the 2016-2017 fiscal year as
specified in Attachment A.
The parties agree that all expenditures of state financial assistance must be in compliance with laws,
rules, and regulations applicable to expenditures of state funds, including, but not limited to, the
Reference Guide for State Expenditures.
The parties agree that the agency may expend funds only for allowable costs resulting from
obligations incurred during the specified agreement period.
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Agreement Number
CSFA Number 71010
' The parties agree that any funds paid in excess of the amount to which the participating agency is
entitled under the terms and conditions of the agreement must be refunded to FDLE.
The Recipient agrees to be bound by the following standard conditions:
FUNDING AVAILABILITY
The State of Florida's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Legislature and the availability of program funds.
INSPECTION OF RECORDS
1. The parties agree that the participating agency will retain backup documentation and records
sufficient to demonstrate the participating agency's compliance with the terms of this agreement
for at least five years from the date of each invoice issued, and agree to allow FDLE or its
designee, the Chief Financial Officer(CFO), or the Auditor General access to such records, upon
request,for audit purposes.
2. The participating agency shall ensure that audit working papers are made available to FDLE or its
designee, CFO,or Auditor General upon request for a period of five years from the date the audit
report is issued, unless extended in writing by FDLE.
FINANCIAL CONSEQUENCES
FDLE will only reimburse the participating agency for authorized activities. FDLE will not reimburse
the participating agency for costs incurred for any purpose other than investigative operations
pursuant to the MAA or training pursuant to this agreement. FDLE will not reimburse any cost that is
not invoiced and documented as required by this agreement.
MONITORING
1. Funds provided under this agreement are state financial assistance and are subject to audits and
monitoring by FDLE. The assigned CSFA number for this financial assistance program is 71010.
2. In addition to reviews of audits conducted in accordance with Section 215.97, F.S., as revised
(see "AUDITS° below), monitoring procedures may include onsite visits by FDLE. By entering
into this agreement, the participating agency agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by FDLE. The participating agency further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary
by the CFO or Auditor General.
AUDITS
PART I: STATE FUNDED
This part is applicable if the participating agency is a non-state entity as defined by Section
215.97(2)(m), F.S.
1. In the event that the participating agency expends a total amount of state financial assistance
equal to or in excess of$750,000 in any fiscal year of such participating agency, the participating
agency must have a state single audit for such fiscal year in accordance with Section 215.97,
F.S.; applicable rules of the Executive Office of the Governor and the CFO; and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. In determining the state financial assistance expended in its fiscal year, the
participating agency shall consider all sources of state financial assistance, including state
financial assistance received from FDLE, other state agencies, and other non-state entities.
State financial assistance does not include federal direct or pass-through awards and resources
received by a non-state entity for federal program matching requirements.
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Agreement Number
CSFA Number 71010
2. The participating agency shall ensure that the audit complies with the requirements of Section
215.97(8), F.S. This includes submission of a financial reporting package as defined by Section
215.97(2)(e), F.S, and Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General.
3. If the participating agency expends less than $750,000 in state financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215.97, F.S., is not
required. If the participating agency expends less than $750,000 in all state funding in its fiscal
year and is exempt from the audit requirements, the participating agency's CFO or designee shall
provide written notice of exemption to FDLE. The notice of exemption from audit shall include the
participating agency'sfiscal year, contract number of the award from FDLE, catalog of state
financial assistance number, amount of the award, and statement that the participating agency is
exempt from the audit requirements for its fiscal year due to the threshold requirements for an
audit.
The notice of exemption from audit shall be submitted no later than 9 months after the end of the
participating agency's fiscal year.
PART II: OTHER AUDIT REQUIREMENTS
Pursuant to Section 215.97(8)(n), Florida Statutes, State agencies may conduct or arrange for audits
of state financial assistance that are in addition to audits conducted in accordance with Section
215.97, Florida Statutes. In such an event, FDLE, as the State-awarding agency, will arrange for
funding the full cost of such additional audits.
PART III: REPORT SUBMISSION
1. Copies of financial reporting packages or exemption notice required by Part I of this agreement
shall be submitted by or on behalf of the participating agency directly to each of the following:
A. The Florida Department of Law Enforcement at the following address:
ATTN: Petrina T. Herring
Florida Department of Law Enforcement
Office of Criminal Justice Grants
Post Office Box 1489
Tallahassee, Florida 32302-1489
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
2. Any reports, management letter, or other information required to be submitted to FDLE pursuant
to this Contract shall be submitted in accordance with Florida Statutes and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
3. Participating agencies, when submitting financial reporting packages to FDLE for audits done in
accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General should indicate the date that the reporting package
was delivered to the participating agency from the independent auditor in the correspondence
accompanying the reporting package delivered to FDLE.
TERMINATION
1. FDLE may terminate this agreement in the event funding becomes unavailable, effective
immediately upon receipt by the participating agency of a notice of termination for cause.
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Agreement Number
• CSFA Number 71010
2. FDLE may unilaterally terminate this agreement for refusal by the participating agency to allow
public access to all documents, papers, letters, or other material made or received by the
participating agency in conjunction with the contract, unless the records are exempt from Section
24(a)of Art. I of the State Constitution and Section 119.07(1), F.S.
3. This agreement will terminate immediately upon termination of the MAA between FDLE and the
participating agency.
SIGNATURE
This agreement may be duplicated for dissemination to all parties, and such duplicates shall be of the
same force and effect as the original.
IN WITNESS WHEREOF, FDLE and the participating agency agree to the terms and conditions of
this agreement as set forth above.
ATTACHMENTS
Attachment A: Invoicing Requirements
Attachment B: Invoicing Documentation
PARTICIPATING AGENCY STATE OF FLORIDA
CLERMONT jPOLICE DEPARTMENT f/1 DEPARTMENT OF LAW ENFORCEMENT
Signature
Signature
L \-P5 b Hca
Name / Name
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G PC)Ire Special Agent in Charge, Orlando Region
Title(Agency Head) Title
Date Date
FEID#
S- LA-J-'St GSn a:re S'1 q-e t-
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Address
THIS CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES.
Page 5of5
Agreement Number
CSFA Number 71010
2. FDLE may unilaterally terminate this agreement for refusal by the participating agency to allow
public access. to all documents, papers, letters, or other material made or received by the
participating agency in conjunction with the contract, unless the records are exempt from Section
24(a)of Art. ! of the State Constitution and Section 119.07(1), F.S.
3. This agreement will terminate immediately upon termination of the MAA between FDLE and the
participating agency.
SIGNATURE
This agreement may be duplicated for dissemination to all parties, and such duplicates shall be of the
same force and effect as the original.
IN WITNESS WHEREOF, FDLE and the participating agency agree to the terms and conditions of
this agreement as set forth above.
ATTACHMENTS
Attachment A: Invoicing Requirements
Attachment B: Invoicing Documentation
PARTICIPATING AGENCY STATE OF FLORIDA
[CLERMONT7/OLIGE)DEPARTMEISl?f] / DEP ENT OF LAW FORCEMENT
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Name Name
Special Agent in Charge, Region
Title(Agency Head) Title
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Date Date
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Address
THIS CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES.
Page 5of5
ORLANDO REGIONAL OPERATIONS CENTER
CYBER HIGH-TECH CRIME TASK FORCE
VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
WHEREAS, the below subscribed law enforcement agencies have joined together in a
task force (hereinafter referred to as the "Orlando Regional Operations Center Cyber
High-Tech Crime Task Force" or 'Task Force') intended to combat the online sexual
exploitation of children, the manufacturing and distribution of child pornography, cyber
stalking, computer intrusion, other computer-related crimes and related criminal
violations and to disrupt persons and organizations engaged in such activity; and
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 cooperation
agreement for cooperation and assistance of a routine law enforcement nature that
crosses jurisdictional lines;
WHEREAS, the undersigned agencies acknowledge that they can make more efficient
use of their respective powers'and resources and thereby provide a higher quality of law
enforcement services to the public through the coordination of members of the
undersigned agencies in the Orlando Regional Operations Center Cyber High-Tech
Crime Task Force;
NOW THEREFORE, the Parties agree as follows:
The Florida Department of Law Enforcement (FDLE) and each of the undersigned law
enforcement agencies approve, authorize and enter into this Agreement, at the request
of the Florida Department of Law Enforcement, to implement the Orlando Regional
Operations Center Cyber High-Tech Crime Task Force for the purposes and goals
indicated.
Additional parties may, at the request of a participating member, and with the approval of
FDLE 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. The Task
Force may cooperate with other agencies, including federal agencies, although such
agencies may not be parties to this agreement.
Intent Statement, Task Force Goals and Provisions for Voluntary Cooperation:
It is the intention of the Florida Department of Law Enforcement to establish this multi-
agency Task Force as a mechanism by which area law enforcement agencies can
dedicate resources into a centralized unit for the purpose of targeting offenders who
perpetrate crimes against children by use of the internet, organizations who participate,
assist, or facilitate these crimes, cyber stalkers, computer intrusion offenders and other
computer-related crime offenders. The Task Force will place emphasis on targeting
such violators who commit criminal acts in multiple jurisdictions, or whose singular
criminal episode involves investigative activity in multiple,jurisdictions.
Task Force efforts shall include, but are not limited to, undercover operations designed
to detect, illegal internet crimes against children activity, online sexual exploitation of
children activity, the manufacturing and distribution of child pornography activity, cyber
stalking activity, computer intrusion activity and other computer related criminal activity;
the arrest and prosecution of those involved; the forfeiture of assets from those engaged
in such activity; and the referral of investigative leads and intelligence to such other
federal, state or local law enforcement authorizes as my be required and appropriate
under Task Force operations.
While the seizure and civil forfeiture of assets is an effective tool in combating organized
criminal activity, the seizure and forfeiture of assets shall not take priority over the
primary function of the Task Force, which shall be to enforce criminal law violations.
Nothing herein shall otherwise limit the ability of participating Task Force 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
Task Force efforts, with the operations of the Task Force being coordinated with FDLE
and other Task Force members.
Procedure for Requesting Assistance
Law enforcement officers assigned to Task Force 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 Task Force 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.
Organization, Command and Supervisory Responsibility:
Each participating agency shall contribute personnel and resources to the Task Force in
such numbers as are agreed to by the participating agency and FDLE. Participating
agencies shall assign personnel to the Task Force based upon their investigative
experience and the operational needs of the Task Force. Final acceptance of personnel
assigned to the Task Force shall rest with FDLE.
The assigned managing FDLE supervisor shall be responsible for the operational
command and day-to-day administration of all Task Force operations and personnel,
and shall have the authority to make routine assignments and determine case priority, as
needed.
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•
During the absence of the managing FDLE supervisor, or as deemed necessary by the
managing FDLE supervisor, any member assigned to the Task Force may be
designated as an interim team leader to manage operational Task Force matters.
The Parties agree that FDLE will initially determine, in consultation with participating
Task Force agencies, whether cases resulting from internet crimes against children
activities shall be prosecuted in state court, or whether an individual case would be best
resolved by referral to the United States Attorney for consideration for federal
prosecution.
Activities shall be considered authorized only when approved and actually directed as
provided herein by the assigned FDLE supervisor or designee. No extension of
jurisdiction or authority is granted by this Agreement for law enforcement activities unless
approved and supervised as provided herein and related to Task Force operations or
have been encountered directly incident to an approved and supervised Task Force
operation.
If a conflict arises between an order or direction provided by the assigned FDLE Task
Force supervisor and a member's employing agency's rules, standards, or policies, the
conflict shall be promptly reported to the FDLE Task Force supervisor and to the
supervisor that Task Force member's agency chain of command. The FDLE Task Force
supervisor, in conjunction with the Task Force member's agency supervisor, shall attempt
to resolve the conflict in a manner that will allow the Task Force operation to continue
appropriately. At no time will a participating Task Force member be forced to violate
his/her own agency's policies or rules in order to implement a Task Force initiative.
FDLE will provide Task Force members with identification credentials. The Parties agree
that such credentials shall be utilized to identify appointed Task Force members while
engaged in approved Task Force operations as contemplated by this Agreement and that
Task force credentials cannot be used for any purpose other than approved task force
operations. The Parties acknowledge that improper use of credentials may result in
revocation of credentials, and removal of a Task Force member. Task force credentials
must be surrendered upon the member's termination from the Task Force, or upon
request of a managing FDLE Task Force supervisor. The Parties agree that upon the
dissolution of this Task Force, credentials must be returned to FDLE, provided that a
Task Force member may make a request to FDLE to keep the credentials as a memento.
The Parties to this Agreement may, by a written memorandum of understanding or written
attachments to this Agreement, identify or further define particular guidelines, policies, or
procedures to be utilized by members of the Task Force when engaged in Task Force
operations. In the absence of a written memorandum of understanding or attachments,
the policies and procedures to be utilized by Task Force members shall be clearly
identified by the assigned FDLE Task Force supervisor. However, as stated above, no
Task Force member will be expected or required to violate or otherwise fail to maintain
the member's employing agency's standards of conduct, rules or policies.
Jurisdiction:
The principal site of the Orlando Regional Operations Center Cyber High-Tech Crime
Task Force's activity is the geographical boundaries of Brevard, Indian River, Lake,
Martin, Orange, Osceola, Seminole, St. Lucie, and Volusia counties, provided however,
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that Task Force members shall enjoy full jurisdictional authority anywhere within the
State of Florida, with full power to enforce Florida laws and avail themselves of the
provisions of this Agreement when engaged in Task Force operations that have been
approved by, and involve the Florida Department of Law Enforcement as are
contemplated by this Agreement. Task Force members operating outside the jurisdiction
of their respective agencies shall not enjoy extra-jurisdictional authority as law
enforcement officers unless engaged in approved Task Force activities as stated herein.
The Parties to this Agreement acknowledge that any extension of jurisdictional authority
beyond the bounds of their employing Agency is by reason of this Agreement and the
overall supervision and authority of the Florida Department of Law Enforcement as
provided by the "Florida Mutual Aid Act." Pursuant to Section 23.127(1), Florida
Statutes, designated employees of the undersigned Agencies participating in the Task
Force 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 jurisdiction in which the employee is
normally employed.
Powers, Privileges, Immunities, Costs and Liability-Related Issues:
Employees of the participating agencies, when actually engaging in mutual cooperation
and assistance outside of their jurisdictional limits but inside this state, under the terms of
this agreement, shall, pursuant to the provisions of section 23.127(1), Florida Statutes,
have the same powers, duties, rights, privileges and immunities as if the employee was
performing duties inside the employee's political subdivision in which normally employed.
An agency that furnishes 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.
Each member agency engaging in the Task Force initiatives pursuant to this Agreement
agrees to assume its own liability and responsibility for the acts, omission, or conduct of
such Party's own employee while such employees are engaged in Task Force
activities/initiatives, and shall remain responsible for the compensation, retirement,
workers compensation and other benefits accruing to the benefit of said participating
employees, as further discussed below.
Each Party to this Agreement agrees to furnish necessary personnel, property, police
equipment, vehicles, and resources in order to effect the purposes of the Task Force, and
agrees to bear the cost of loss or damage to its equipment, vehicles or property so
provided. Parties understand and agree that they will be responsible for their own liability
and bear their own costs with regard to their property and resources, or personnel
expenses incurred by reason of death, injury or incidents giving rise to liability.
Each Agency furnishing services pursuant to this Agreement shall compensate its
employees during the time such services are rendered and shall defray the actual
expenses of its employees while they are rendering such services, including any
amounts paid or due for compensation due to personal injury or death while such
employees are engaged in rendering such services. This provision shall not preclude
FDLE's reimbursement of other Task Force member agencies for overtime and fuel
costs, if allowed, through the use of legally vested forfeiture funds, as agreed to by the
Parties.
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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. The
provisions of this section shall apply with equal effect to paid, volunteer, and auxiliary
employees, to the extent otherwise authorized by law and allowed by the originating
agency's policy and command.
Nothing herein shall prevent the requesting agency from requesting supplemental
appropriations from the governing authority having budgeting jurisdiction to reimburse
the assisting agency for any actual costs or expenses incurred by the assisting agency
performing hereunder.
Nothing in this agreement is intended or is to be construed as any transfer or contracting
away of the powers or functions of one party hereto to the other.
Complaints Against Task Force Members
Whenever a complaint has been lodged as a result of Task Force efforts, an FDLE
designee shall ascertain at a minimum:
The identity(ies) of the complainant(s) and an address where the complainant(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; and
The identity(ies) of the Task Force 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 this Task Force is the protection of Florida's public safety and
security, and the successful prosecution of criminal violators. Successful prosecution
requires close coordination with prosecuting authorities, both in the state and federal
courts. Members of the Task Force are obligated to coordinate their efforts in such a
way as to support the efficient prosecution of cases, including, but not limited to, prompt
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responses to requests from prosecutors for information or assistance in handling Task
Force generated cases, and reasonable availability for pretrial conferences with
prosecutors, discovery depositions, pretrial hearings and trials.
Civil or administrative actions derived from Task Force operations are likewise to receive
coordinated support efforts from Task Force members. The Task Force supervisor shall
monitor the efforts of Task Force members in support of criminal prosecutions and civil
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actions. Such monitoring shall include regular contact with assigned prosecutors or
attorneys pursuing actions on behalf of the Task Force to assure the expected level of
support from Task Force members is occurring. Failure by a member of the Task Force
to support such efforts on a routine and regular basis in the manner set forth herein shall
constitute grounds for removal from the Task Force.
Property Seizure and Forfeiture Considerations:
No funds or other property seized during Task Force operations are to be utilized by any
member agency prior to successful forfeiture or until the title or interest in the funds
otherwise lawfully vests in one or more member agencies. Forfeiture actions based
upon seizures made by the Task Force shall be based upon current statutory and case
law. The Parties agree that the FDLE, through its attorneys, will be primarily responsible
under this Agreement for pursuing all Task Force forfeiture actions on behalf of all of the
Parties in state court, subject to its right to reimbursement of associated costs; however,
this provision shall not preclude the use of other forfeiture attorneys or personnel as
needed on particular matters. Distribution of the proceeds from successful forfeiture
actions shall be equitable among the Parties to this Agreement and shall take into
account their relative roles in support of the efforts of the Task Force, unless an alternate
distribution allocation among the Parties has been agreed upon.
Any Party to this Agreement or any prosecutor handling the criminal prosecution of Task
Force cases may request copies of forfeiture complaints and pleadings filed by reason of
Task Force seizures, and such copies shall be promptly provided to the requester. If
any legal dispute or concern as to the form or sufficiency of forfeiture actions or other
action proposing to vest the interest of Task Force member agencies in seized cash or
property is raised by any of the Parties to this Agreement, an attempt to resolve the
issue through informal discussion and contact shall be made. In the event any Party to
this Agreement believes that there is no legal sufficiency upon which to pursue the
forfeiture of particular seized cash or property, and the concerns cannot be resolved, no
forfeiture action on behalf of the Task Force is to be filed. All options available to state
and local law enforcement agencies with regard to unclaimed evidence or abandoned
property, gifts and plea agreements are available to the Task Force, provided the
property under consideration otherwise qualifies under law for such consideration.
Forfeiture actions shall be further governed by the terms, conditions and guidelines
described in Section 932.704(11)(a), Florida Statutes.
Evidence and Records:
The Parties agree that all Task Force reports and records shall be maintained and
retained by FDLE, and shall be identified as Task Force reports, provided, however, that
Task Force members may retain copies of such reports and records for their respective
purposes.
Evidence shall be collected and maintained in substantial conformance with FDLE
evidence policy and all evidence seized in Task Force operations shall be maintained by
FDLE.
FDLE shall be entitled to conduct audits and inspections of Task Force operations and
records including the seizure and handling of all evidence, property, or cash or any other
aspect of Task Force operations. The Parties agree to cooperate in any such audit by
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allowing full access to documents, personnel and facilities necessary to perform the
audit function.
Term of Agreement:
This Agreement shall become effective as to the executing Parties upon execution by
the Commissioner of the Florida Department of Law Enforcement and at least one other
participating agency. As each additional Party executes this Agreement, it shall be
effective as to the newly executing Party as the date of such execution.
This Agreement shall remain in full force as to all participating Parties until June 30,
2018, unless canceled in writing by the Commissioner of the Florida Department of Law
Enforcement, or as canceled in writing by an individual Party as provided herein. 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. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
IN WITNESS WHEREOF, the authorized representatives of the Parties hereto sign on
the date specified.
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Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement to
Combat Online Sexual Exploitation of Children, the Manufacturing and
Distribution of Child Pornography, Cyber Stalking, Computer Intrusion, other
Computer Related Crimes.
Pursuant to Section 23.1225(3), F.S., 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. Any signatory may
attach to this signature page any further evidence of authorization you wish to remain on
file at FDLE along with this signature page.
For the Florida Department of Law Enforcement(FDLE):
Richard L. Swearingen, Commissioner
Executive Director, Florida Department of Law Enforcement
Date
8
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement to
Combat Online Sexual Exploitation of Children, the Manufacturing and
Distribution of Child Pornography, Cyber Stalking, Computer Intrusion, other
Computer Related Crimes.
Pursuant to Section 23.1225(3), F.S., 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. Any signatory may
attach to this signature page any further evidence of authorization you wish to remain on
file at FDLE along with this signature page.
For the Florida Department of Law Enforcement(FDLE):
(-20
Richard L. Swearingen, Commissioner
Executive Director, Florida Department of Law Enforcement
8//
Date
8
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement to
Combat Online Sexual Exploitation of Children, the Manufacturing and
Distribution of Child Pornography, Cyber Stalking, Computer Intrusion, other
Computer Related Crimes.
Pursuant to 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. Any signatory may
attach to this signature page any further evidence of authorization you wish to remain on
file at the Florida Department of Law Enforcement along with this signature page.
For the Clermont Police Department :
r (Agency)
(Signature)(
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�lU 4 ` S +� 1 Q0" u/01-
(Printed Name)
R.,
(Title)
(Date)
9