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HomeMy WebLinkAboutCombined Interagency Agreement Regarding Juvenile Offender Information Sharing - 2024.pdfCOMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING The School Board of Seminole County, Florida The Florida Department of Juvenile Justice Probation and Community Intervention, Central Region The Altamonte Springs Police Department, Florida The Casselberry Police Department, Florida The Lake Mary Police Department, Florida The Longwood Police Department, Florida The Oviedo Police Department, Florida The Sanford Police Department, Florida The Winter Springs Police Department, Florida The Orlando Sanford Airport Police Department, Florida And The Sheriff of Seminole County, Florida WHEREAS, the undersigned School Board of Seminole County, Florida (hereinafter the "School District") the Florida Department of Juvenile Justice Probation and Community Intervention (hereinafter the "Department"), the Altamonte Springs Police Department, the Casselberry Police Department, the Lake Mary Police Department, the Longwood Police Department, the Oviedo Police Department, the Sanford Police Department, the Winter Springs Police Department, Sanford Airport Authority Police Department, and the Seminole County Sheriffs Office (hereinafter collectively the "Law Enforcement Agencies")establish this agreement pursuant to Section 985.04(1)(c) Florida Statutes. Collectively, the School District, Department and Law Enforcement Agencies are the "Parties"; and WHEREAS, the Parties have the authority under Section 985.04(1)(c), Florida Statutes to enter into an Information Sharing Agreement about Juvenile Offenders; and WHEREAS, the Parties have authority under section 1002.221(2)(c), Florida Statutes to enter into an interagency agreement to disclose a student's education records without written consent of the student or parent; and WHEREAS, in accord with the authority granted herein, the Parties enter into the following agreement relating to the sharing of information about juvenile offenders and the disclosure of student education records. The agreement provides the conditions under which notification and summary criminal history information is to be made available to appropriate School District personnel, and the conditions under which school records are to be made available to appropriate Department and Law Enforcement Agency personnel. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Agreement A. Student education records, including, but not limited to school video surveillance footage, may be released without the consent of the student or the student's parents to the Parties of this Interagency Agreement as follows: pursuant to Section 3.002.221 (2)(c), Florida Statutes solely for use in determining the appropriate programs and services for each juvenile or the juvenile's family, or for coordinating the delivery of the programs and services; or 1 ii. by lawful subpoena, or upon written request from the Law Enforcement Agencies to School District setting forth a representation that said information is: (1) needed based upon an articulable and significant threat to the health or safety of a student or other individuals; and (2) is needed to protect the health or safety of a student or other individuals; and (3) is needed in furtherance of the requesting Party's official duties and responsibilities. Requests, whether by subpoena or in writing, shall be directed to the School District's Legal Services Department for processing; or iii. in compliance with applicable law, including specifically but not limited to, section 1002.22, Florida Statutes and the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g. B. The Parties agree to promote a coordinated effort among agencies and staff to implement the provisions of Section 985.04(1)(c), Florida Statutes. C. The Parties agree to participate in interagency planning meetings as may be coordinated by the Parties from time to time. D. The Parties shall cooperate in the dissemination of information relating to students pursuant to this agreement and any other amended agreement entered into by the parties pursuant to Section 985.04(1)(c), Florida Statutes. E. The Parties are required to comply with all state and/or federal laws related to records use, security, dissemination, and retention/ destruction. Consequences for violation shall be governed in accordance with the requisite law. F. The Parties shall comply with Section 943.0525, Florida Statutes, and shall maintain the confidentiality of information not otherwise exempt from Section 119.071(1), Florida Statutes, or asotherwise provided by law. 2. Information Sharing The School Board of Seminole County, Florida: The School District agrees to do following: A. Notify the appropriate school personnel pursuant to Section 985.04(4), Florida Statutes, upon being provided with information from the state attorney or law enforcement that a child (of any age) has been charged with a felony or delinquent act that would be a felony if committed by an adult, or a crime of violence. B. The information obtained by the superintendent of schools under this agreement must be released within 48 hours after receipt to appropriate school personnel, including the principal of the school of the child and the director of transportation. The principal must immediately notify the child's immediate classroom teachers, the child's assigned bus driver, and any other school personnel whose duties include direct supervision of the child. C. Request juvenile criminal history information only for purposes of assessment, placement, or school safety, security of persons and property, Section 985.04(1)(b), Florida Statutes. 2 D. Disseminate the information provided by law enforcement only to appropriate School District personnel pursuant to Section 985.04, Florida Statutes. E. Provide notification to any classroom teacher of assignment to the teacher's classroom of a juvenile who has been placed in a probation or commitment program for a felony offense pursuant to Section 985.04(4)(b), Florida Statutes. Department of Juvenile Justice: The Department Agrees to do the following: A. Immediately notify the Seminole County Sheriff, or his designee(s), upon learning of the move or other relocation into, out of, or within Seminole County, of a juvenile offender who has been adjudicated delinquent or guilty of or had adjudication of delinquency or guilt withheld for, the commission of a violent misdemeanor or violent felony, as required by Section 985.047(2)(b), Florida Statutes. B. The department shall disclose to the school superintendent the presence of any child in the care and custody or under the jurisdiction or supervision of the department who has a known history of criminal sexual behavior with other juveniles; is alleged to have committed juvenile sexual abuse as defined in s. 39.01; or has pled guilty or nolo contendere to, or has been found to have committed, a violation of chapter 794, chapter 796, chapter 800, s. 827.071, or s. 847.0133, Florida Statutes, regardless of adjudication , as required by Section 985.04(4)(d), Florida Statutes. C. Ensure that information disseminated pursuant to this Agreement carries an appropriate warning regarding the reliability, confidentiality and control of further dissemination. Such warning shall be in accordance with the Florida Department of Law Enforcement Criminal Justice Information System User Agreement requirements. The Undersigned Law Enforcement Agencies: _ Each law enforcement agency agrees to do the following: A. Pursuant to Section 985.04(4)(a), Florida Statutes, promptly provide notification to School District superintendent, or his or her designee, that a child is alleged to have committed a delinquent act whenever a child of any age is taken into custody by a law enforcement officer within the agency's jurisdiction for an offense that would have been a felony if committed by an adult, or for a crime of violence. B. Provide Florida summary criminal history information to the School District superintendent, or his or her designee or his or her designee(s), upon request, regarding juveniles who are students enrolled in or about to be enrolled in the school district of Seminole County when necessary for assessment, placement or security of persons or property. Further, each agency will establish, and forward to the School District superintendent its internal procedures for receiving, processing and providing information pursuant to such requests, pursuant to Section 985.04, Florida Statutes. C. Ensure that information disseminated pursuant to this Agreement carries an appropriate warning regarding the reliability, confidentiality and control of further dissemination. Such warning shall be in accordance with the Florida Department of Law Enforcement Criminal Justice Information System User Agreement requirements. D. Provide information to the School District superintendent or his or her designee concerning those students who meet the statutory definition of a criminal gang member under Section 874.03(2), 3 Florida Statutes. E. Notify the superintendent, or his or her designee the name and address of any employee of the school district who is arrested and/or charged with a felony or with a misdemeanor involving the abuse of a minor child or the sale or possession of a controlled substance. Notification to the superintendent, or his or her designee shall be within 48 hours of the arrest or charge and shall include the specific charge for which the employee was arrested. 3. Effective Date This Agreement shall be effective January 1, 2024 as to member agencies who are executing Parties. For member agencies executing this agreement subsequent to January 1, 2024, the Agreement, shall take effect as to them, upon their execution. The Agreement shall continue in full force and effect until January 31, 2029, unless terminated prior thereto by any or all the parties herein. This Agreement can be renewed for successive five (5) year periods upon written consent by all Parties. Under no circumstance may this Agreement be renewed or extended except in writing. This Agreement may be duplicated for dissemination to the 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 Chief Counsel's Office within the Seminole County Sheriff's Office, 100 Eslinger Way, Sanford, Florida 32773. 4. Cancellation Any party may cancel/withdraw such party's participation in this agreement by providing written notice of such cancellation/withdraw no less than thirty (30) days prior thereto to the other parties to this Agreement. However, the withdraw from this Agreement shall be effective only as to that party and this Agreement shall remain in full force and effect as to those remaining parties hereto who have not provided written notice of withdraw/cancellation. 5. Amendments This Agreement contains the entire understanding between the parties and shall not be modified except in writing. All Florida statutes referenced in this Agreement may be amended from time to time and such amendments shall be automatically incorporated herein to the extent such amendments modify the obligations of the Parties. 6. Severability If any provision of this Agreement shall be declared invalid for any reason, such invalidity shall not affect any of the remaining provisions of this Agreement. 7. Notices A. All notices, demands, or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when in writing and addressed as follows: Seminole County Sheriffs Office 4 Chief Richard R. Francis, Department of School Safety 100 Eslinger Way Sanford, FL 32773 Casselberry Police Department Chief Larry D. Krantz 115 Wilshire Boulevard Casselberry, FL 32707 Altamonte Springs Police Department Chief James Riggs 175 Newburyport Avenue Altamonte Springs, FL 32701 Lake Mary Police Department Chief Mike Biles 165 E. Crystal Lake Avenue Lake Mary, FL 32746 Longwood Police Department Chief David P. Dowda 235 W. Church Ave. Longwood, FL 32750 Oviedo Police Department Chief Dale Coleman 400 Alexandria Blvd. Oviedo, FL 32765 Orlando Sanford Airport Authority Chief Thomas R. Fuehrer 1200 Red Cleveland Blvd. Sanford, FL 32773 Sanford Police Department Chief Cecil Smith 815 Historic Goldsboro Blvd. Sanford, FL 32771-2400 Winter Springs Police Department Chief Matt Tracht 5 300 N. Moss Road Winter Springs, FL 32708300 N. Moss Road Winter Springs, FL 32708 Department of Juvenile Justice Central Region Adrian Mathena Knight Building, 2737 Centerview Drive Tallahassee, Florida 32399-3100 Seminole County Public Schools Serita D. Beamon, Superintendent 400 East Lake Mary Blvd. Sanford, FL 32773 All notices required, or which may be given hereunder, shall be considered properly given if: (1) personally delivered, (2) sent by certified United States mail, returned receipt requested, (3) sent by FedEx or other equivalent overnight letter delivery company, or (4) sent byemail. B. The effective date of such notices shall be the date personally delivered, or if sent by mail, the date of the postmark, or if sent by overnight letter delivery company, the date the notice was picked up by the overnight delivery company, or if by email, the date the email is sent to the recipient. C. Parties may designate alternative contacts or addresses to which notices should be sent by notifying the other parties in writing as per this section. 8. Entire Agreement This document embodies the entire agreement and understanding between the parties with respect to the subject matter hereto and supersedes all prior agreements, representation and understandings wither oral, written, or otherwise relating thereto. This Agreement may not be modified or terminated except as provided herein. 9. Counterparts This Agreement may be executed in counterparts to expedite its implementation and Effective Date. *** SIGNATURE PAGES TO FOLLOW *** N. Seminole County Sheriff s Office, Dennis M. Lemma- Sheriff Acceptance of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING Pursuant to F.S. 985.04(1)(c), this agreement may be entered into by the Sheriff, the Chiefs of Police, the District School Superintendent, and the Department of Juvenile Justice. By signing below, an indication of such authorization is being made. In acknowledgment and execution of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING, pages one through six exclusive of signature pages, I hereby set my hand and seal: Dennis M. Lemma, Date Sheriff of Seminole County, Florida STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, this day of 2024, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared DENNIS LEMMA, Sheriff of Seminole County who is personally known to me and who acknowledged he executed the foregoing Agreement. Signature Type, Stamp or Print Name Notary Public Title My Commission expires: Serial Number 7 Altamonte Springs Police Department, James Riggs- Chief of Police Acceptance of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING Pursuant to F.S. 985.04(1)(c), this agreement may be entered into by the Sheriff, the Chiefs of Police, the District School Superintendent, and the Department of Juvenile Justice. By signing below, an indication of such authorization is being made. In acknowledgment and execution of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING, pages one through six exclusive of signature pages, I hereby set my hand and seal: James Riggs, Chief of Police Date Altamonte Springs Police Department, Florida STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, this day of 2024, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared JAMES RIGGS, Chief of Police, Altamonte Springs Police Department, who is personally known to me and who acknowledged he executed the foregoing Agreement. Signature Type, Stamp or Print Name Notary Public Title My Commission expires: Serial Number 8 Casselberry Police Department, Larry D. Krantz- Chief of Police Acceptance of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING Pursuant to F.S. 985.04(1)(c), this agreement may be entered into by the Sheriff, the Chiefs of Police, the District School Superintendent, and the Department of Juvenile Justice. By signing below, an indication of such authorization is being made. In acknowledgment and execution of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING, pages one through six exclusive of signature pages, I hereby set my hand and seal: Larry D. Krantz, Chief of Police Date Casselberry Police Department, Florida STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, this day of 2024, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared LARRY D. KRANTZ, Chief of Police, Casselberry Police Department, who is personally known to me and who acknowledged he executed the foregoing Agreement. Signature Type, Stamp or Print Name Notary Public Title My Commission expires: Serial Number 9 Lake Mary Police Department, Mike Biles- Chief of Police Acceptance of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING Pursuant to F.S. 985.04(1)(c), this agreement may be entered into by the Sheriff, the Chiefs of Police, the District School Superintendent, and the Department of Juvenile Justice. By signing below, an indication of such authorization is being made. In acknowledgment and execution of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING, pages one through six exclusive of signature pages, I hereby set my hand and seal: Mike Biles, Chief of Police Date Lake Mary Police Department, Florida STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, this day of 2024, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared MIKE BILES, Chief of Police, Lake Mary Police Department, who is personally known to me and who acknowledged he executed the foregoing Agreement. Signature Type, Stamp or Print Name Notary Public Title My Commission expires: Serial Number 10 Longwood Police Department, David P. Dowda- Chief of Police Acceptance of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING Pursuant to F.S. 985.04(1)(c), this agreement may be entered into by the Sheriff, the Chiefs of Police, the District School Superintendent, and the Department of Juvenile Justice. By signing below, an indication of such authorization is being made. In acknowledgment and execution of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING, pages one through six exclusive of signature pages, I hereby set my hand and seal: David P. Dowda, Chief of Police Date Longwood Police Department, Florida STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, this day of 2024, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared DAVID P. DOWDA, Chief of Police, Longwood Police Department, who is personally known to me and who acknowledged he executed the foregoing Agreement. Signature Type, Stamp or Print Name Notary Public Title My Commission expires: Serial Number 11 Orlando Sanford Airport Authority, Marc Gilotti — Interim Chief of Police Acceptance of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING Pursuant to F.S. 985.04(1)(c), this agreement may be entered into by the Sheriff, the Chiefs of Police, the District School Superintendent, and the Department of Juvenile Justice. By signing below, an indication of such authorization is being made. In acknowledgment and execution of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING, pages one through six exclusive of signature pages, I hereby set my hand and seal: Marc Gilotti, Interim Chief of Police Date Orlando Sanford Airport Police Department, Florida STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, this day of 2024, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Marc Gilotti, Interim Chief of Police, Orlando Sanford Airport Police Department, who is personally known to me and who acknowledged he executed the foregoing Agreement. Signature Type, Stamp or Print Name Notary Public Title My Commission expires: Serial Number 12 Oviedo Police Department, Dale Coleman- Chief of Police Acceptance of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING Pursuant to F.S. 985.04(1)(c), this agreement may be entered into by the Sheriff, the Chiefs of Police, the District School Superintendent, and the Department of Juvenile Justice. By signing below, an indication of such authorization is being made. In acknowledgment and execution of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING, pages one through six exclusive of signature pages, I hereby set my hand and seal: Dale Coleman, Chief of Police Date Oviedo Police Department, Florida STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, this day of 2024, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared DALE COLEMAN, Chief of Police, Oviedo Police Department, who is personally known to me and who acknowledged he executed the foregoing Agreement. Signature Type, Stamp or Print Name Notary Public Title My Commission expires: Serial Number 13 Sanford Police Department, Cecil Smith- Chief of Police Acceptance of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING Pursuant to F.S. 985.04(1)(c), this agreement may be entered into by the Sheriff, the Chiefs of Police, the District School Superintendent, and the Department of Juvenile Justice. By signing below, an indication of such authorization is being made. In acknowledgment and execution of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING, pages one through six exclusive of signature pages, I hereby set my hand and seal: Cecil Smith, Chief of Police Date Sanford Police Department, Florida STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, this day of 2024, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared CECIL SMITH, Chief of Police, Sanford Police Department, who is personally known to me and who acknowledged he executed the foregoing Agreement. Signature Type, Stamp or Print Name Notary Public Title My Commission expires: Serial Number 14 Winter Springs Police Department, MattTracht- Chief of Police Acceptance of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING Pursuant to F.S. 985.04(1)(c), this agreement may be entered into by the Sheriff, the Chiefs of Police, the District School Superintendent, and the Department of Juvenile Justice. By signing below, an indication of such authorization is being made. In acknowledgment and execution of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING, pages one through six exclusive of signature pages, I hereby set my hand and seal: ." Y GZ2 Matt Tracht, Chief of Police Winter Springs Police Department, Florida STATE OF FLORIDA COUNTY OF SEMINOLE ,/ d Date / 2 BEFORE ME, this 3 day of q4c, t \ 2024, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared MATT TRACHT, Chief of Police, Winter Springs Police Department, who is personally known to me and who acknowledged he executed the foregoing Agreement. Signature iJ+•�" 11 A L BUCHMAN Notary Public •State o! Florida CO"ISSIOn 0 HH 318008 a� }; My Comm. Expires Dec 17. 2026 8n Notary Public Tissle p My Commission expires: QC �' 11 ZO2.4#H 0 3 (A' o080 3 (p, OOU Serial Number V 15 .. ....,.. Fe.w...... i t .. � .. .� a..w -.. ,y. Seminole County Public Schools, Serita D. Beamon- Superintendent Acceptance of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING Pursuant to F.S. 985.04(1)(c), this agreement may be entered into by the Sheriff, the Chiefs of Police, the District School Superintendent, and the Department of Juvenile Justice. By signing below, an indication of such authorization is being made. In acknowledgment and execution of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING, pages one through six exclusive of signature pages, I hereby set my hand and seal: Serita D. Beamon, Superintendent Date Seminole County Public Schools, Florida STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, this day of 2024, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared SERITA D. BEAMON, Superintendent, Seminole County Public Schools, who is personally known to me and who acknowledged he executed the foregoing Agreement. Signature Type, Stamp or Print Name Notary Public Title My Commission expires: Serial Number 16 Florida Department of Juvenile Justice, Adrian Mathena- Central Region Director, Probation and Community Intervention, Acceptance of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING Pursuant to F.S. 985.04(1)(c), this agreement may be entered into by the Sheriff, the Chiefs of Police, the District School Superintendent, and the Department of Juvenile Justice. By signing below, an indication of such authorization is being made. In acknowledgment and execution of the COMBINED INTERAGENCY AGREEMENT REGARDING JUVENILE OFFENDER INFORMATION SHARING, pages one through six exclusive of signature pages, I hereby set my hand and seal: Adrian Mathena, Central Region Director Date Probation and Community Intervention Department of Juvenile Justice, Florida STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, this day of 2024, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ADRIAN MATHENA, Central Region Director, Probation and Community Intervention, Department of Juvenile Justice, Florida who is personally known to me and who acknowledged he executed the foregoing Agreement. Signature Type, Stamp or Print Name Notary Public Title My Commission expires: Serial Number 17