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
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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.
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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[.
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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 |@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
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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.
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)