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94-21431 RESO Incomplete RESOLUTION NO. 94-21431 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MA YOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF MIAMI BEACH POLICE DEPARTMENT, A MULTI-AGENCY MONEY LAUNDERING TASK FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WITH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT. WHEREAS, the City of Miami Beach Police Department has joined with other law enforcement agencies in the South Florida area to create a multi-jurisdictional task force intended to combat illegal money-laundering, drug law violations and related criminal violations, and to disrupt organizations engaging in such activities; and WHEREAS, to accomplish this goal, the task force has agreed to utilize applicable state and federal laws to prosecute criminal, civil, forfeiture, and regulatory actions against identified violators, as appropriate; and WHEREAS, such authority is granted to the task force under Part I, 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; and WHEREAS, under such authority, it is recommended that the City, on behalf of the City of Miami Beach Police Department, authorize and enter into the attached Multi-Agency Money Laundering Task Force Voluntary Cooperation Mutual Aid Agreement, to implement within the jurisdictional and other limits, as noted in the Agreement, the Money Laundering Task Force for the purposes and goals indicated above. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute, on behalf of the City of Miami Beach Police Department, a Multi- Agency Money Laundering Task Force Voluntary Cooperation Mutual Aid Agreement with the Florida Department of Law Enforcement. PASSED and ADOPTED this 21st day of FORM APPROVED Lepl Dept. ,.---. By ~ c ;) Date I 2.- I (r '1'1 ATTEST: ~ul~ 1.~~ C Y CLERK I/n(c,<) RJNks (c :\wpdocs\rja \mutaid,n.:s.) 2 CITY OF MIAMI BEACH CITY HALL 1700CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. g, R -9+ TO: Mayor Seymour Gelber and Members of the City Commission DATE: December 21, 1994 FROM: Roger M. Carlton City Manager SUBJECT: MUTUAL AID AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and City commission approve the Mutual Aid Agreement. BACKGROUND The City of Miami Beach Police Department has joined with other law enforcement agencies in the South Florida area to create a multi- jurisdictional task force intended to combat illegal money- laundering, drug law violations and related criminal violations, and to disrupt organizations engaging in such activities. To accomplish this goal, the Task Force has agreed to utilize applicabre state and federal laws to prosecute criminal, civil, forfeiture, and regulatory actions against identified violators, as appropriate. Authority for this is granted to the Task Force under Part I, Chapter 23, Florida Statutes, "The Florida Mutual Aid Act." This statute permits agencies to enter into a voluntary cooperation agreement for cooperation and assistance of a routine law enforcement nature that crosses jurisdictional lines, Participating in this multi-agency task force is: The Florida Department of Law Enforcement, The City of Coral Gables Police Department, The City of Miami Police Department, The City of Miami Beach Police Department, The City of North Miami Police Department, The city of North Miami Beach Police Department, The city of Homestead Police Department and The Monroe County Sheriff's Office. CONCLUSION The police department's participation in this Task Force will assist in stemming the flow of these funds and bring forfeited revenues into the police confiscations account, AGENDA ITEM (-l- (7 12- 21-q~ DATE -/( /~ 1-/1 CITY OF MIAMI BEACH FROM: Don Papy Asst. city Attorney Richard Barreto 0 ,a h A/Chief of pOlice~~ DATE: November 22, 1994 TO: , SUBJECT: MUTUAL AID AGREEMENT - , For the past year, the police Department has been involved in a multi-agency money laundering task force ("Operation Plunder") . To date, there has been no formal agreement concerning the organization or operation of said task force, The Florida Department of Law Enforcement has drafted a Mutual Aid Agreement, relating to the aforementioned task force, which sets forth certain procedures and guidelines to be adhered to. Additionally, this Agreement will extend the powers of our police officers to be equal to that of a state Law Enforcement Officer, while operating under the umbrella of the task force. Would you please review the Agreement, and advise me accordingly, prior to December 6, 1994. RB:js Attachments FDLE James T. "Tim" Moore Commissioner Division of CrlmlNlI Investigation Miami Regional Operations Bur.au 7285 N. W. 25 St....t Miami, Florida 33122 (305) 470-5500 SunCom 429.5500 Fax /I (305) 470-5515 Florida Department of Law Enforcement November 17, 1994 Honorable Richard Barreto Acting Chief of police Miami Beach police Department 1100 Washington Avenue Miami Beach, Florida 33139-4665 Dear Chief Barreto: Attached please find the Mutual Aid Agreement for the South Florida Impact Money Laundering and Drug Enforcement Task Force. The agreement operates to expand the jurisdiction and authority of officers assigned to the Task Force while they are on Task Force duty acting pursuant to the terms of the Agreement. The Agreement documents multi-agency approval and acceptance of specified provisions and addresses assistance to be rendered, jurisdiction, liability, costs, complaint procedures, duration of agreement and some 9olicies. Please review the enclosed documents and advise me of any concerns. If the documents are agreed to, please sign the un-stapled Hutual Aid Agreement signature page. If other governmental authorities are required to approve (e.g. City Council, Mayor, etc.) their signatures should also be requested and obtained. 0riginals of the completed signed pages only should be mailed or delivered to: SAC Doyle W. Jourdan Florida Department of Law Enforcement 7265 N.W. 25 Street Miami, Florida 33122 The signature pages from each agency will be forwarded to the FDLE Mutual Aid Director. The signed originals must be on file with the Mutual Aid office within fourteen (14) days of signature to comply with statute and be effective. The body of the actual agreement should be retained by you. Thank you for your participation. I look forward to our continued cooperation on the South Florida Impact Task Force. :5incerely, W. Jourdan, special Agent In Charge Regional Operations Bureau Multi-Agency Money Laundering Task Force Voluntary Cooperation Mutual Aid Agreement MULTI-AGENCY MONEY LAUNDERING TASK FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WHEREAS, the below subscribed law enforcement agencies have joined together in a multi-jurisdictional task force intended to combat illegal money laundering, drug law violations and related criminal violations and to disrupt organizations engaging in such activity; and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, forfeiture, and regulatory 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; NOW THEREFORE, the parties agree as follows: Each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement at the request of the Florida Department of Law Enforcement (FDLE) to implement within the jurisdictional and other limits as noted herein the Money Laundering Task Force for the purposes and goals indicated. Parties To This Agreement: The Florida Department of Law Enforcement, The City of Coral Gables Police Department, The City of Miami Police Department, The City of Miami Beach Police Department, The City of North Miami Police Department The City of North Miami Beach Police Department, The City of Homestead Police Department and The Monroe County Sheriffs Office, Additional parties may, at the request of FDLE and with the approval of the other task force members, 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 Nature of Law Enforcement Assistance and Cooperation To Be Rendered: The task force is to effect dedicated and intensive investigative, preventative, and general law enforcement efforts primarily with regard to the investigation of illegal money laundering, drug law violations and related crimes. The principal goal of the task force shall be the successful prosecution of perpetrators of such crimes, with particular emphasis on efforts designed to identify and dismantle organized criminal enterprises. Such efforts shall indude, but are not limited to, undercover operations designed to detect illegal activity and to identify those involved in such activity induding those directing or otherwise controlling such activity, the arrest and prosecution of those involved (utilizing state and federal prosecutions, as appropriate); the seizure and forfeiture of assets of those engaged in such activity or otherwise Multi-Agency Money Laundemg Task Force Voluntary Cooperation MutUlll Aid Agreemn Page 1 of 10 Pages supporting such activity (utilizing state and federal forfeiture options, as appropriate); the prosecution of regulatory and civil actions designed to end such criminal activity, as appropriate; and the referral of investigative leads and intelligence to such other federal, state, 0( local law enforcement authorities as may be required and appropriate under the Task Force's operations. 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. Nothing herein shall otherwise limit the jurisdiction and powers nonnally possessed by and employee as a member of the employee's Agency. Nothing herein shall other'Mse limit the ability of participating task force members to provide, as provided by or allowed by law, such assistance in any enforcement action unrelated to Task Force operations as may be lawfully requested by a law enforcement officer having jurisdiction over any such incident, crime or matter under consideration. However, extension of jurisdiction under the authority of this Agreement shall occur only as provided below. JURISDICTION: The principal sites of Task Force activity are Dade County and Monroe County, Florida, but Task Force activities may occur elsewhere within the State of Florida consistent with the purpose and tenns of this Agreement. As provided by Section 23.127(1), Florida Statutes, a Task Force member engaged in a Task Force operation outside the member's jurisdiction but inside the State of Florida that is consistent with the purpose and terms of this Agreement shall have the same powers, duties, rights, privileges, and immunities under the laws of the State of Florida as if the member was perfonning duties inside the member's jurisdiction. Task Force members operating outside their jurisdiction shall not enjoy extra-jurisdictional authority as law enforcement officers under this Agreement unless engaged in approved Task Force activities and under the overall supervision and authority of the Florida Department of Law Enforcement as provided by the "Florida Mutual Aid Acr and this Agreement. Whenever Task Force activities outside of Dade or Monroe County have resulted in an arrest or seizure of property, the Sheriff of the County or the Chief of Police of the municipality in which such activities have occurred shall be notified of the Task Force's actions within the sheriffs or chiefs jurisdiction. Activities shall be considered authorized only when approved and actually directed as provided herein by a Task Force supervisor or command designee. No extension of jurisdiction or authority is granted by this Agreement for law enforcement activities unless they are approved and supervised as provided herein and are related to Task Force operations or have been encountered directly incident to an approved and supervised Task Force operation. In any operation in which a member or members of the Task Force will be called upon to function outside of the member's or members' nonnal territorial jurisdiction, a swom FDLE supervisor or an FDLE agent designated by the swom FDLE supervisor shall be an active participant. If the FDLE supervisor or a designated FDLE agent is not available, only those members of the Task Force otherwise having regular jurisdiction within the particular location as a part of their nonnal responsibilities shall have jurisdiction for the operation. Multi-Agency Money LaundeMg Task Force Voluntary Cooperation Mutual Aid Agreement Page 2 of 10 Pages Actual operations of the Task Force may be generally directed by any member(s) of the Task Force agreed upon to serve in such limited command role. However, if Task Force activity contemplated or occurring is or would be outside the normal territorial jurisdiction(s) of the local agency Task Force members, then the limited command designee and all Task Force members shall follow and adhere to any final oversight supervision and direction given by the FDLE supervisor or designated FDLE special agent(s). If at any time the FOLE supervisor or FDLE special agent designee detennines that such Task Force operations should be terminated, said operation is to be promptly terminated in a manner assuring the safety of all involved law enforcement officers. The Task Force supervisor(s) shall maintain documentation that w;U demonstrate the daily involvement of specific swom members provided by the Parties to this Agreement as such members are involved in each Task Force operation and each operation's supervisor or designated leader. No member of the Task Force shall engage in Task Force related activities that are unreported or otherwise unknown to the Task Force supervisor and which are not documented as provided herein. After consultation with the Task Force steering committee members, FDLE may request that a particular member of the task force no longer be allowed to participate in the Task Force. Upon receiving the request, the employing Agency shall promptly terminate the member's participation in the Task Force. Upon the request of a participating Agency that a member of FDLE no longer participate in the Task Force, FDLE shall, if otherwise in FDLE's best interest to do so, tenninate the member's participation in the Task Force. With the approval of FOLE, a Party to this Agreement may otherwise add, substitute, reinstate, or replace any of its sworn or support employees participating in the Task Force. . If a conflict arises between an order or direction provided by said supervisor or team leader and a Task Force member's employing Agency's rules, standards, or policies, the conflict shall be promptly reported to the Task Force supervisor or team leader, and to the highest ranking FDLE member present. if that person is not the Task Force supervisor or team leader. The supervisor or team leader, in conjunction with FDLE, shall attempt to resolve the conflict in a manner to allow the Task Force operation to continue appropriately. 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. However, Task Force members' jurisdiction as provided under this Agreement may not be altered by any such written attachment In the absence of a written memoranda of understanding or attachments, the policies and procedures to be utilized by Task Force members shall be clearly identified by the Task Force supervisor, or if a supervisor is unavailable, by a Task Force team leader as designated by the supervisor. Written guidelines, policies, or procedures adopted for use by the Task Force as provided herein may not be waived or abandoned by Task Force supervisors or participants. However, when engaged in Task Force operations 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, or be required to fail to abide by restrictions or limitations as may be imposed by law, or the member's employing Agency's rules, standards, or policies. COMPLAINTS AGAINST TASK FORCE MEMBERS: Whenever a complaint has been lodged as a result of Task Force efforts, a designee of the Florida Department of Law Enforcement shall ascertain at a minimum: Multi-Agency Money LalrldeMg Task Foret Voluntary Coopef3bort t.Uual Aid Agreemert Page 3 of 10 Pages 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. the identity(ies) of the Task Force participant(s) accused and the employing AgencyOes) 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, promptly notify FDLE of its findings and any actions taken. PROPERTY SEIZURE AND FORFEITURE CONSIDERATIONS: No funds or other property seized by Task Force operations are to be utilized by any Task Force agency prior to successful forfeiture or until title or interest in the funds otherwise lawfully vests in one or more Task Force agencies. Forfeiture actions based upon seizures made by the Task Force may be pursued in either state or federal actions. Actions shall be based upon current statutory and case law. The Parties agree that the City of Coral Gables, through its attomeys, will be primarily responsible under this Agreement for pursuing all Task Force forfeiture actions on behalf of all of the Parties in state court; however, this provision shall not predude the use of other forfeiture attomeys 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 to. 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 concem as to the form or sufficiency of forfeiture actions or other action proposing to vest the interest of Task Force agencyOes) 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 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 undaimed 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. GUIDELINES FOR MONEY PICKUPS, TRANSFERS AND SECURITY: The Parties to this Agreement recognize the likelihood that substantial sums of cash may be seized by reason of Task Force operations, and are committed to assuring that all such seizures are done with the greatest degree of security and integrity possible. The Task Force will utilize procedures established by written directive of the Task Force relating to the seizure of property for forfeiture and the seizure of contraband. The Task Force will utilize procedures established in writing by the Task Force relating to the handling of evidence. A copy of Task Force Directive 1.3, relating to forfeitures and seizures, is attached as Attachment A to this Agreement. A copy of Task Force Directive 1.4, relating to Muti-Agency Money lAundefing Task Fan:e Voluntary Cooperation Mutual Aid Agreemd Page 4 of 10 Pages the handling ot. evidence, is attached as A~achment 8 to this Agreement 80th of these Directives currently apply to Task Force operations. The Parties to this Agreement acknowtedge in signing this Agreement that they have reviewed the Attachments. The Task Force may modify, supplement or substitute written guidelines, provided that any modification, supplementation, or substitution assures as a minimum that all non-cash property coming into the custody of Task Force members shall be treated as evidence, utilizing standard and commonly-accepted means of securing and handling same, and that all seizures of cash shall be done with appropriate checks and balances implemented to assure that all cash seized is accounted for, and properly secured until such time as title or interest in such funds lawfully vests in the seizing agency(ies) and the Task Force. Copies of written guidelines or directives shall be provided any Party upon request. The Florida Department of Law Enforcement may at any time order a review and audit by FDLE's Inspector General's Office of Task Force operations with regard to 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 allowing full access to documents, personnel and facilities necessary to perfonn the audit function. INTERPLAY WITH FEDERAL AUTHORITIES: The Parties to this Agreement recognize that the United States Department of Justice and the United States Customs Service have requested that the efforts of the Task Force be closely coordinated with federal authorities having interests in money laundering investigations. The Parties recognize that federal agents will, as necessary, be co-Iocated at the Task Force headquarters or otherwise provided access to Task Force operations and planning. No movement of money having interstate or international implications, including transactions such as dollar/peso transactions which are directly intended to facilitate or are otherwise a precursor transaction to international movements of money, will occur unless the federal agent(s) assigned to work with the Task Force are provided prior notice. The federal agent(s), upon receiving notification as provided herein, may coordinate the Task Force's efforts with other federal law enforcement agencies and advise them of the proposed transaction(s). If a federal agency has an objection to any proposed operation of the Task Force involving interstate or international movements of money, the operation is not to proceed until an attempt to resolve the federal objection is made, giving federal interstate and international responsibilities and concerns appropriate deference. The Task Force shall not engage in international movements of money absent federal notification and shall not engage in such movements without securing authorization and participation from at least one Federal agency having appropriate jurisdiction. LIABILITY AND COST-RELATED ISSUES: Each Party engaging in any mutual cooperation and assistance pursuant to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such Party's own employees while such employees are engaged in rendering such aid, cooperation and assistance pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. Each Party to this Agreement agrees to furnish necessary personnel, property, police equipment, vehicles, resources and facilities to render services to each other Party to this Agreement in order to effect the purposes of the Task Force and agrees to bear the cost of Multi-Agency Money Laundering Task Force VoUdary cooperation Mutual Aid Agreemert Page 5 of 10 Pages 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. This provision shall not predude necessary property, resources or costs being purchased or funded via legally vested Task Force funds, if agreed to by the Parties. Each Agency furnishing aid pursuant to this Agreement shall compensate its employees during the time such aid is rendered and shall defray the actual expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. The privileges and immunities from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief, disability, wor1<.ers' compensation, salary (including overtime compensation or compensatory time), death and other benefits that apply to the activity of an employee of an Agency when perfonning 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. This provision shall not predude payment of compensation (including overtime compensation), if allowed, through the use of legally vested Task Force funds, as agreed to by the Parties. OBLIGATION TO COORDINATE WITH PROSECUTOR'S OFFICE: The principal goal of this Task Force is 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, induding, but not limited to, prompt responses to requests from prosecutors for infonnation 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. Task Force supervisors shall monitor the efforts of Task Force members in support of criminal prosecutions, civil actions, administrative actions and forfeiture cases. 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. COpy TO EACH PARTICIPATING TASK FORCE MEMBER: When this Agreement is fully executed, a copy shall be provided to each Task Force member so that each member may be fully aware of the powers, limitations, and expectations applicable to Task Force members and operations. TERM OF AGREEMENT: This Agreement shall be effective as to the executing Parties upon execution by 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. Multi-Agency Money laundeR'lg Task Force VoIuntaIy ~ MWsaI Aid Agreemert Page 6 of 10 Pages This Agreement shall remain in full fc..'C8 as to all participating Parties until June 30, 1995, unless earlier canceled in writing by the Florida Department of Law Enforcement as to all or separate Parties, or as canceled in writing by an individual Party as provided herein. This Agreement may be extended on a year-by-year basis, subjed to the continuation of all terms and limitations expressed herein, by execution by the participating Parties of written notification of extension of agreement. 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, Mutual Aid Coordinator, P.O. Box 1489, Tallahassee, Florida 32302-1489. Any written cancellation or extension shall be forwarded to FDLE at the same address. IN WITNESS WHEREOF, the authorized representatives of Parties hereto sign on the date specified. For the Florida Department of Law Enforcement: I . Moore, Executive Director October 24, 1994 Date: For the City of Coral Gables Police Department: Namemtle: Date: For e City of Miami Polie Beach ~(.~ \L. fD~ \ ATTES~l~~-1 LT~ Richard E, Brown, City Clerk Muti-Agency Money Laundering Task ForOl VoUltaly Cooperation Mutual Aid Agreement Page 7 of 10 Pages For the City of Miami Police Department: Namemtle: Date: For the City of North Miami Police Department: Namemtle: Date: For the City of North Miami Beach Police Department: Namemtle: Date: For the City of Homestead police Department: NamefTitle: Date: For the Monroe County Sheriffs Office: NamefTitle: Date: End of Agreement, Attachments Follow Mult-Agenq Money ~ Task force VoJuUry ~atian ~ Aid Agreemd Page a 0110 pages ATTACHMENT A:. Task Force Forfeitures and Seizures Directive A. FORFEITURE - means action to perfed agency interest in and title to anything that is taken into custody by Task Force investigators that may be forfeited under the Florida Contraband Forfeiture Act or under federal law. In general, all Asset Forfeitures will be conducted under Coral Gables Police Department procedures. 1. All non-realty property that is seized for forfeiture will be: a. Placed into the Coral Gables Police Department Property Unit or, in the case of vehicles, recorded on Coral Gables Police Department Vehicle Storage Reports after inventory search. and placed in secure storage. b. All property will be listed in the forfeiture and confiscation report and copies sent within one work day to the Coral Gables Police Department Forfeiture Attorneys. B, SEIZURES OF CONTRABAND - means taking into custody anything illegal to possess. (See Currency Handling Procedures) 1. All seizures will be placed in the Coral Gables police Department Property Unit 2. All property that is taken into custody will be: a. Fully documented on Coral Gables Police Department Property Receipt b. All seizures will be listed in the Forfeiture/Confiscations Report and copies sent within one work day to the Coral Gables Police Department Forfeiture Attorneys and the Confiscation Unit. 3. In all instances where controlled substances are seized that are in the amount which warrants trafficking charges (1 ounce of cocainel1oo pounds of marijuana) or instances where monies are seized in excess of $1,000. the Task Force will assign at least two investigators to the custody of the contraband or monies. The investigators will maintain custody until the controlled substance or monies is placed into the Coral Gables Police Department Property Unit Multi-Agency Money Laundering Taslt FOI'ce VoluntNy Cooperation Mutual Aid Agreemert Page 9 0110 Pages ATTACHMENT 8 Task Force Evidence Directive A. Each investigator is responsible for the evidence which he or she has occasion to purchase or seize. All controlled substances are to be treated in a careful manner. B. All evidence will be turned in to the Coral Gables Police Department Property/Evidence Unit as soon as possible after its seizure. c. Evidence will not be stored in any facility other than the Coral Gables Police Department Property Unit (i.e. desk, lockers, etc.). All seized controlled substances will be checked into the Coral Gables Police Department Property Unit prior to the end of the investigator's tour of duty. D. Tests of controlled substances to establish probable cause will be done at the scene by the impounding investigator and the results documented in the investigator's Task Force operational report(s). E. Confinnation chemical analysis of controlled substances will be perfonned by the Metro-Dade Crime Lab. F. Two investigators are required when handling trafficking amounts of controlled substances or amounts of currency amounting in excess of $1,000. G. When an arrest for a controlled substance is made, the arresting investigator will be responsible for maintaining the integrity of the evidence. H. Any member of the Task Force having reason to believe that evidence, cash, property or contraband is not, or has not, been handled properly by any Task Force member or other person coming into contact with the item(s) shall immediately report any such belief to a Task Force supervisor. The supervisor shall immediately conduct or cause to be conducted all necessary inquiry and steps to assure the integrity of the Task Force operation. Mufti-Agency Money Laundering Task Foree Voluntary Cooperation MlAual Aid Agreement Page 10 of 10 Pages , _' ~;!o-~~;