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HomeMy WebLinkAboutFlorida Department Of Law Enforcement- Orlando Regional Cyber High-Tech Crime Task Force Mutual Aid Agreement - 2016 09 13 FDLE Rorkla Depaftmenf of Office of General COUnsel Flick 13=tt, Governm Law Enforcement Post OffoeBox }409 PanBondi Attorney "Ri||ahomsee. Ronda 323O2-14B9 Jeff Atwater, Chief F`ix noia/Officer Richard L Swearingen (850)41Q-7676 Adam Putnam. Co, f7iis,siunermfAgnctilture Cocnm�,s�ioner wvwv.fd|esteta,fus September 13. 201O Mr. Kevin L. Smith City Manager Winter Springs Police Department 3O0North Moss Road Winter Springs, Florida 32708 Subject: Cyber High-Tech Crime Task Force Mutual Aid Agreement Dear Mr. Smith: | onn writing concerning the Mutual Aid Agreement between the Florida Department OfLaw Enforcement /FULE\ and Winter Springs Police Department. This agreement is intended to combat the Qn|iDO sexual exploitation of children, the manufacturing and distribution of child pDrnVgnaphy. cyber stalking, computer intrusion, other computer-related crimes and related criminal violations and to disrupt persons and organizations engaged in such activity. Included vvithLhiS |eiLer' youvvi|| find8siQned8ndBxecutedCUpyof1hSMutua| AidAgr6ennent (K4AA) iO preserve for your records. If you should ever have any questions regarding the K8AA, please feel free to contact me at my office 8t /85O\ 41O-8190. Thank you for your courtesy inthis matter. Sincerely, Erin Tupper Business Consultant ( Enclosure Service ~/nlegnfy ~Respect ~ Qmality 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 1 , such violators who COrnnnit QiDliO8/ acts in multiple jurisdictions, Or whose singular criminal episode involves investigative activity in multiple jurisdictions. Task Force efforts shall iDdVdB, but are not limited to, undercover operations designed to detect illegal inteO1et crimes against children activity, online s8XU8/ eXp|Ob8ƒi0D of children activity, the Ol@DUf@(tUhng and distribution Of child pornography activity, cyber stalking activity, CODlpUte[ iDtnUSiOO activity and other C8iDpUte[ related ChDliOG| 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 |OC@| law enforcement authorizes as 0y be required and appropriate under Task Force operations. While the seizure and civil forfeiture of assets is an effective tool in CO[DbadDg organized C[/OniDG/ activity, the seizure and forfeiture Of assets ShB|/ not t@h8 priority over the primary function of the Task Force, which Gh@|/ be to enforce criminal |8VV violations. Nothing herein shall OthBwV)S8 |irDiL the ability of participating Task Force [DeOlbeB to p[ovide, as provided by or allowed by |Gvv. Such assistance in any enforcement action as may be |8wfU|/y requested by g |@vV 8nf0rCenl8O1 officer having jurisdiction over an incident, crime OFmatter under consideration. The Parties tothis Agreement are contributing personnel and [eSOU[CeG in support Ofthe 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 Tegh Force operations pursuant to this agreement Sh8|| be empowered to render enforcement aoSiSt8Ooe and take enforcement action in 8CCVrdaOCe with the l@VV and the 1ernOB of this Agreement. ExeCUdOD of this agreement and continued participation by FDLE and one or more Task Force member agencies shall COO8htUte a general reciprocal, COObnUiOg request for and granting of assistance between the members of the task force which shall be considered authorized in 8Cc0nd8Dce with the provisions Of this Agreement. No additional or specific fOr[n@| request for assistance is required. Organization, Command and Supervisory Responsibility: Each participating agency shall CORt[/bUte personnel and resources tOthe Task Force in such OUDlberg as are agreed to by the participating agency and F[)LE. Participating agencies Sh8|| assign personnel to the Task Force based Up0D their investigative experience and the operational needs Ofthe Task Force. Final acceptance 0fpersonnel assigned tothe Task Force GhB|| rest with FDLE. The assigned managing FDLE supervisor shall be responsible for the operational C0OnFO8nd and day-to-day administration of all Task FD[CB operations and p8rSoDDa|. and shall have the authority to make routine assignments and determine C8Se priority, as Deeded. 2 During the absence of the Dl8Oagklg FDLE supervisor, or as deemed necessary by the managing FOLE SVperVi8O[' any r08nlbGr assigned to the T@Sh Force may be designated as an interim team leader to manage operational Task Force matters. The Parties agree that FDLE will initially deterrniDe, in consultation with participating Task Force agencies, whether cases [8Su!hng from interDet crimes against children activities shall be prosecuted in State court, or whether an individual case VVQU|d be best resolved by referral to the United States Attorney for consideration for federal prosecution. Activities ShB(| be considered authorized only when approved and 8CtU3||y directed as provided herein by the assigned F[}LE supervisor or designee. MO 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 8ppFOV8d and supervised Task Force operation. If CODf|i(t 8[iSeB between an order o[ direction provided by the assigned F[}LET8Sk Force supervisor and B member's employing agency's rW|eS' Gt3Dd@rdS' or policies, the conflict shall be promptly reported to the FOLE Task Force supervisor and to the supervisor that Task Force member's agency chain ofcommand. The F[)LETask Force supervisor, in conjunction with the Task Force member's agency supervisor, shall attempt to resolve the conflict in 8 manner that will allow the Task Force operation to COOdOue appropriately, At DO time will G participating Task Force member be forced to violate his/her own agency's policies or rules in order to implement 8 T8Sh Force initiative, FQLEwill provide Task Force members with identification credentials. The Parties agree that such credentials shall be Uii|iZBd 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 tGeh force operations. The Parties aChDVvv(edQ8 that improper use Of credentials may result in revocation of credentials, and [erDOvG| of T8Gh Force member. Task force credentials must be surrendered UpOO the rDen0be['S termination from the Task FoFCe, or UpOO request of managing F[}LE Task Force SUpen//SQ[ The Parties 8g[88 that upon the dissolution Of this Task FO[C8' credentials DlUSt be returned to FDLE, provided that a Task Force member may make @ request tOF/]LEtOkeep the credentials as anOBDleDtn. The Parties to this Agreement may, by 8 written memorandum of understanding or written 8ti@ChOneDtS to this Agreement, identify or further define particular guidelines, policies, OF pnDc8dUR3S to be utilized by nnernbe[G of the lFogk Force when engaged in Task Force operations. In the absence of written DleOOoraDdVDl of understanding or attachments, the policies and procedures to be utilized by Task Force Dle[Db8rG shall be C|8ady identified by the assigned F[}LE Task Force supervisor. HDvveVe[, as Stated above, OD Task Force Ole[ObeF will be expected or required to ViO|8t8 or otherwise fail to maintain the member's employing agency's standards of conduct, rules or policies. Jurisdiction: The principal site of the (}daDdO Regional Operations Center Cyber High-Tech Crime Task Force's activity is the geographical boundaries Of Brevard, |Odi@O River' L8he, Martin, C}rRRge. {}SCeO|8. Seminole, St. LVcie, and VO|USia COUOUes, provided hnvveV8[. � 3 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. 4 . The privileges and immunities from liability, exemption from |@vvS. ordinances, and nUkeG. and all penSiOO, insurance, relief, diS8bi|hv. workers' compensation, 38|8ry (including overtime CD0peOSBdion orcompensatory b0e\. death and Other benefits that apply tothe activity of an employee of an Agency when performing the employee's duties within the territorial limits of the employee's Agency Sh8|| apply to the eDlp|Qy88 to the same degree, 08DO8[, and extent while such employee acts under this Agreement. The provisions of this section Sh8|| apply with equal effect to paid' VD|UOteer' and auxiliary employees, to the BXtBDt otherwise authorized by |8vv and @||Ovved 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 F8iOlbUnSe the assisting agency for any 8CtU@/ COGtS or expenses incurred by the assisting agency performing hereunder. Nothing in this 8gneSnneDt is intended ori9to be construed as any transfer Drcontracting away ofthe powers Vrfunctions Ofone party hereto tOthe other. Complaints Against Task Force Members Whenever G SQOOp|8/nt has been lodged as 8 result of Task Force efforts, an F[)LE designee Sh8|| ascertain at 8 nliDinluOO: The idenbty(ies) Ofthe cO[Dp|aiOgOt(s) and @Aaddress where the COAlp|aiOaOt(G) may be contacted; . The nature ofthe complaint any supporting evidence 0rfacts as may be av8i|@b|8, including the P8O08a and addresses Ofwitnesses 10that which has been complained about; and The ideDthv(ieS) Of the TGSK Force participant(s) accused and the employing ageOCy(ieS) Ofthe participaDt(S) accused. FOLEvvi|| promptly provide tOeach affected employing agency the above information for administrative review and appropriate handling or disposition. Each affected employing agency sh8|/' upon completion of said review, notify F[)LE 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 sUCCe5SfV/ prosecution Of criminal violators. Successful prosecution requires close coordination with prosecuting aUthO[itieG, both in the state and federal courts, K8eDlb8[8 of the Task Force are obligated to COOndin8fe their efforts in such a vv@y as to support the efficient prosecution of cases, including, but not limited to, prompt responses to requests from prosecutors for information or assistance in handling Task Force generated C@SeS. and reasonable availability for pretrial conferences with pFOSecUto[G, discovery depositions, pF8t[i8| 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 effOdS of Task Force [neO0b8[S in support of criminal prosecutions and civil r � � 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 6 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. 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 Z411 Z,/l �IS_7 Date 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. a M 0 0 5 0 a 6 M 8 M a W 0 M a 0 0 0 0 0 E N 0 0 a a a a a 2 N 0 M 0 a 0 0®a W 0 0 0 a E 0 a 0 0 W a M W U a n 0 R M W v 0 0 E a E a 0 0 0 6 1 For the WINTER SPRINGS POLICE DEPARTMENT : (Agency) 9eature) (Printed Name) (Title) -14 (Date)