Contract 2018-53 MIL
MEMORANDUM OF UNDERSTANDING
SHERIFF'S DUI TASK FORCE
This Memorandum of Understanding(hereinafter"MOU") is entered into by and
between Charles Broadway as Chief of Police for the City of Clermont(hereinafter"CHIEF")
and Peyton C. Grinnell,the Sheriff of Lake County, Florida(hereinafter"SHERIFF").
WHEREAS, the SHERIFF operates the Sheriff's DUI Task Force tasked with detecting
and deterring persons driving under the influence in Lake County; and
WHEREAS, the Sheriff's DUI Task Force is comprised of SHERIFF'S Deputies and
sworn law enforcement officers assigned from municipal law enforcement agencies within Lake
County; and
WHEREAS, the CHIEF desires to participate in the Sheriff's DUI Task Force by
assigning sworn law enforcement officer(s) from the CHIEF'S agency to the Sheriff's DUI Task
Force;
NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions
hereinafter contained, the SHERIFF and the CHIEF agree as follows:
1. Pursuant to §30.07, Fla. Stat., the SHERIFF will swear in as Deputy Sheriffs those
officers assigned by the CHIEF to the Sheriff's DUI Task Force with the following
limitations:
a. The time limits of the deputization shall be from the time the officer is
officially sworn in as a Deputy Sheriff of Lake County until revoked or
rescinded.
b. 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.
c. The SHEIRFF expressly reserves the right to revoke the officer's authority as
a Lake County Deputy Sheriff at any time with or without cause.
d. This deputization shall be rescinded upon the officer's termination,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.
e. This deputization shall also be rescinded upon the officer's reassignment of
duties from the Sheriffs DUI Task Force.
f. This deputization does not create any employment rights for the assigned
officer(s).
2. Any action taken on behalf of SHERIFF by the officer become the actions of
SHERIFF. As such, these actions are subject to SHERIFF'S procedures, rules,
regulations, directives, and policies.
3. Before an officer may exercise any power in the name of the SHERIFF, except in
case of 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. Any arrests made in the name of the SHERIFF by the
officer shall be immediately reported on whatever forms are 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 Sheriff's DUI Task Force.
The officer will not have Deputy Sheriff power outside the actual time assigned to
Sheriff's DUI Task Force, 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 Sheriff's DUI Task Force operations and
attend any Sheriff's DUI Task Force meetings. Failure to comply with this
4 requirement may result in the revocation of his/her deputization.
8. The CHIEF shall bear any liability arising from acts undertaken or omission by his
officer while assigned to the Sheriff's DUI Task Force. The CHIEF shall also bear the
risk of loss or damage to any equipment he provides to the assigned officer(s). The
assigned officer(s) shall continue to be compensated and insured by the CHIEF while
assigned to the Sheriff's DUI Task Force.
9. Any seizure of property pursuant to the Florida Contraband Forfeiture Act, will be
prosecuted by the SHERIFF'S General Counsel in accordance with Florida law and
the SHERIFF'S policy. The CHIEF'S agency shall receive an equitable share of the
net proceeds of any forfeitures initiated while participating in the Sheriff's DUI Task
Force. The net proceeds is the value of the seized asset less any liens, filing fees, and
litigation costs incurred by the SHERIFF in perfecting title to the seized asset. Any
deviation from this forfeiture sharing agreement shall be approved by the SHERIFF
or his designee, and the CHIEF.
IN WITNESS WHEREOF,the SHERIFF and the CHIEF have made and executed this
MOU on the respective dates under each signature.
�` ake County
r Peyton C. Grinnell, She of L
Charles Broadway, Chief of Police
Clermont Police Department
Date:
12�I Date: