2001-24487 RESO
RESOLUTION NO. 2001-24487
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE, ON BEHALF OF THE CITY OF MIAMI BEACH, A
MUTUAL AID AGREEMENT WITH VILLAGE OF MIAMI SHORES, FLORIDA,
FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING,
OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI
BEACH AND VILLAGE OF MIAMI SHORES.
WHEREAS, it is the responsibility of the respective governments of the City of Miami
Beach and Village of Miami Shores, Florida to ensure the public safety of their citizens by providing
adequate levels of police service to address any foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man-made conditions which are, or are likely to be,
beyond the control of services, personnel, equipment, or facilities of the City of Miami Beach Police
Department or the Village of Miami Shores Police Department; and
WHEREAS, in order to ensure the preparation of these law enforcement agencies will be
adequate to address any and all of these conditions, to protect the public peace and safety, and to
preserve the lives and property of the people of the City of Miami Beach and Village of Miami
Shores; and
WHEREAS, the City of Miami Beach and Village of Miami Shores have the authority under
Chapter 23, Florida Statutes, "Florida Mutual Aid Act," to enter into the attached Mutual Aid
Agreement.
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 authorized to execute the attached Mutual Aid Agreement with Village of Miami Shores,
Florida, for the purpose of coordinating law enforcement planning, operations, and mutual aid
benefits between City of Miami Beach and Village of Miami Shores.
PASSED and ADOPTED this 27th day of
June
~oo~J
MAYOR
ATTEST:
.{L; ~d' f ~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGe
& FOR EXEcunoN
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F:\POLI\TECHSERV\POUCIESICOM_ RESO\mutual aid agreement village of miami shores.res,wpd
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM NO.
t-I06~()1
TO:
FROM:
Mayor Neisen O. Kasdin and
Members ofthe City Commission
Jorge M. Gonzalez ~v
City Manager ~
DATE: June 27, 2001
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF
MIAMI BEACH, A MUTUAL AID AGREEMENT WITH THE VILLAGE OF
MIAMI SHORES, FLORIDA, FOR THE PURPOSE OF COORDINATING
LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID
BENEFIT BETWEEN THE CITY OF MIAMI BEACH AND VILLAGE OF
MIAMI SHORES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach and the Village of Miami Shores, because of the existing and continuing
possibility of the occurrence of law enforcement problems and other natural and manmade
conditions, which are or are likely to be beyond the control, personnel, equipment or facilities of the
Miami Beach Police Department or the Miami Shores Police Department, believe that it is beneficial
for each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statutes.
This Agreement will take effect when it is signed and will expire on January 1,2005.
It is recommended that the Mayor and City Commission adopt this Resolution and authorize the
signing of the Mutual Aid Agreement.
JMG:m:DD:PS:MMS
M:\$CMB\TEMP\MUTUAL-l.WPD
AGENDA ITEM
G7S
&-27-0/
DATE
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS, THE SUBSCRIBING LAW ENFORCEMENT AGENCIES ARE SO LOCATED
IN RELATION TO EACH OTHER THAT IT IS TO THE ADVANTAGE OF EACH TO
RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT
SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO INTENSIVE
SITUATIONS, INCLUDING, BUT NOT LIMITED TO, NATURAL OR MANMADE
DISASTERS OR EMERGENCIES AS DEFINED UNDER SECTION 252.34, FLORIDA
STATUTES; AND,
WHEREAS, THE MIAMI SHORES POLICE DEPARTMENT AND THE MIAMI BEACH
POLICE DEPARTMENT HAVE THE AUTHORITY UNDER SECTION 23.12, FLORIDA
STATUTES, et seq., THE FLORIDA MUTUAL AID ACT, TO ENTER INTO A MUTUAL AID
AGREEMENT FOR LAW ENFORCEMENT SERVICE WHICH PROVIDES FOR
RENDERING OF ASSISTANCE IN A LAW ENFORCEMENT EMERGENCY.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE
EACH OF THE AFORESAID LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND
ENTER INTO THIS AGREEMENT WHEREBY EACH OF THE AGENCIES MAY REQUEST
AND RENDER LAW ENFORCEMENT ASSISTANCE TO THE OTHER TO INCLUDE, BUT
NOT NECESSARILY BE LIMITED TO:
1) PARTICIPATING IN LAW ENFORCEMENT ACTMTIES THAT ARE
PREPLANNED AND APPROVED BY EACH RESPECTIVE AGENCY HEAD OR
HISIHER DESIGNEE,
2) APPROPRIATELY DISPATCHED IN RESPONSE TO A REQUEST FOR,
ASSISTANCE FROM THE OTHER LAW ENFORCEMENT AGENCY,
3) JOINT MULTI-JURISDICTIONAL CRIMINAL INVESTIGATIONS,
4) CIVIL DISTURBANCES, DISOBEDIENCE, RIOTS, LARGE PROTEST
DEMONSTRATIONS, LABOR DISPUTES, CONTROVERSIAL TRIALS,
POLITICAL CONVENTIONS, AND STRIKES,
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5) ANY NATURE DISASTER INCLUDING, BUT NOT LIMITED TO
HURRICANES, TORNADOES, FLOODING, OR WILDFIRES,
6) INCIDENTS WHICH REQUIRE RESCUE OPERATIONS, TRAFFIC CONTROL,
AND CROWD CONTROL INCLUDING, BUT NOT LIMITED TO
EVACUATIONS, AIRCRAFT DISASTERS, FIRES, EXPLOSIONS, GAS LINE
LEAKS, RADIOACTIVE EMERGENCIES, TRAIL DERAILMENTS AND
WRECKS, CHEMICAL OR HAZARDOUS WASTE SPILLS, OR WIDE SPREAD
POWER DISRUPTIONS,
7) TERRORIST ACTIVITIES INCLUDING ACTS OF SABOTAGE,
8) ESCAPES FROM OR DISTURBANCES WITHIN DETENTION FACILITIES,
9) CONTROL OF MAJOR CRIME SCENES, AREA SEARCHES, PERIMETER
CONTROL, BACKUPS TO EMERGENCY AND IN-PROGRESS CALLS,
PURSUITS AND MISSING PERSON CALLS,
10) ENEMY ATTACKS,
11) TRANSPORTATION OF EVIDENCE REQUIRING SECURITY,
12) MAJOR SPORTING EVENTS, CONCERTS, PARADES, FAIRS, FESTIVALS,
AND CONVENTIONS,
13) SECURITY AND ESCORT DUTIES FOR DIGNITARIES,
14) EMERGENCY SITUATIONS IN WHICH ONE AGENCY CANNOT PERFORM
ITS FUNCTIONAL OBJECTIVE,
15) JOINT TRAINING IN AREAS OF MUTUAL NEED,
16) AND INCIDENTS REQUIRING UTILIZATION OF SPECIALIZED UNITS (Such
as bomb disposal units, K-9 units or special weapons and tactics units).
FURTHER, IN RECOGNITION FOR THE NEED FOR COOPERATION IN THE PATROL OF
THE WATERWAYS WITHIN THE JURISDICTIONAL BOUNDARIES OF EACH
PARTICIPATING AGENCY, THE FOLLOWING DECLARATIONS ARE AGREED UPON:
1) THAT EACH JURISDICTION EXTENDS TO THE OTHER THE RIGHT TO
PATROL AND CONDUCT ENFORCEMENT ACTIVITIES IN THEIR
RESPECTIVE WATERWAYS.
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SECTION II: PROCEDURE FOR REQUESTING ASSISTANCE
IN THE EVENT THAT A PARTY TO TillS AGREEMENT IS IN NEED OF ASSISTANCE AS
SET FORTH ABOVE, AN AUTHORIZED REPRESENTATIVE OF THE AGENCY
REQUESTING ASSISTANCE SHALL NOTIFY THE AGENCY HEAD OR illSIHER
DESIGNEE FROM WHOM SUCH ASSISTANCE IS REQUESTED. THE AGENCY HEAD OR
AUTHORIZED AGENCY REPRESENTATIVE WHOSE ASSISTANCE IS SOUGHT SHALL
EVALUATE THE SITUATION, AND THE AGENCY'S AVAILABLE RESOURCES,
CONSULT WITH illS/HER SUPERVISORS IF NECESSARY AND WILL RESPOND IN A
MANNER HE/SHE DEEMS APPROPRIATE.
THE AGENCY HEAD IN WHOSE JURISDICTION ASSISTANCE IS BEING RENDERED
MAY DETERMINE WHO IS AUTHORIZED TO LEND ASSISTANCE IN illS/HER
JURISDICTION, FOR HOW LONG SUCH ASSISTANCE IS AUTHORIZED AND FOR
WHAT PURPOSE SUCH AUTHORITY IS GRANTED. THIS AUTHORITY MAY BE
GRANTED EITHER VERBALLY OR IN WRITING AS THE PARTICULAR SITUATION
DICTATES.
THE AGENCY HEAD'S DECISION IN THESE MATIERS SHALL BE FINAL.
SECTION III: COMMAND AND SUPERVISORY RESPONSIBILITY
THE PERSONNEL AND EQUIPMENT THAT ARE ASSIGNED BY THE ASSISTING
AGENCY HEAD SHALL BE UNDER THE IMMEDIATE COMMAND OF A SUPERVISING
OFFICER DESIGNATED BY THE ASSISTING AGENCY HEAD. SUCH SUPERVISING
OFFICER SHALL BE UNDER THE DIRECT SUPERVISION AND COMMAND OF THE
AGENCY HEAD OR HIS/HER DESIGNEE OF THE AGENCY REQUESTING ASSISTANCE.
CONFLICTS: WHENEVER AN OFFICER OR OTHER EMPLOYEE IS RENDERING
ASSISTANCE PURSUANT TO TillS AGREEMENT, THE OFFICER OR EMPLOYEE SHALL
ABIDE BY AND BE SUBJECT TO THE RULES AND REGULATIONS, PERSONNEL
POLICIES, GENERAL ORDERS AND STANDARD OPERATING PROCEDURES OF
illS/HER OWN EMPLOYING AGENCY. IF ANY SUCH RULE, REGULATION,
PERSONNEL POLICY, GENERAL ORDER OR STANDARD OPERATING PROCEDURE IS
CONTRADICTED, CONTRAVENED OR OTHERWISE IN CONFLICT WITH A DIRECT
ORDER OF A SUPERIOR OFFICER OF THE REQUESTING AGENCY, THEN SUCH RULE,
REGULATION, PERSONNEL POLICY, GENERAL ORDER OR PROCEDURE SHALL
CONTROL AND SHALL SUPERCEDE THE DIRECT ORDER.
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HANDLING COMPLAINTS: WHENEVER THERE IS CAUSE TO BELIEVE THAT A
COMPLAINT HAS ARISEN AS A RESULT OF A COOPERATIVE EFFORT AS IT MAY
PERTAIN TO THIS AGREEMENT, THE AGENCY HEAD OR HIS/HER DESIGNEE OF THE
REQUESTING AGENCY SHALL BE RESPONSIBLE FOR THE DOCUMENTATION OF
SAID COMPLAINT TO ASCERTAIN AT A MINIMUM:
1) THE IDENTITY OF THE COMPLAINANT.
2) AN ADDRESS WHERE THE COMPLAINING PARTY CAN BE CONTACTED.
3) THE SPECIFIC ALLEGATION.
4) THE IDENTITY OF THE EMPLOYEE (S) ACCUSED WITHOUT REGARD AS TO
AGENCY AFFILIATION.
IF IT IS DETERMINED THAT THE ACCUSED IS AN EMPLOYEE OF THE ASSISTING
AGENCY, THE ABOVE INFORMATION, WITH ALL PERTINENT DOCUMENTATION
GATHERED DURING THE RECEIPT AND PROCESSING OF THE COMPLAINT, SHALL
BE FORWARDED WITHOUT DELAY TO THE AGENCY HEAD OR HIS/HER DESIGNEE
OF THE ASSISTING AGENCY FOR ADMINISTRATIVE REVIEW. THE REQUESTING
AGENCY MAY CONDUCT A REVIEW OF THE COMPLAINT TO DETERMINE IF ANY
FACTUAL BASIS FOR THE COMPLAINT EXISTS AND/OR WHETHER ANY OF THE
EMPLOYEES OF THE REQUESTING AGENCY VIOLATED ANY OF THEIR AGENCY'S
POLICIES OR PROCEDURES.
SECTION IV: LIABILITY
EACH PARTY ENGAGING IN ANY MUTUAL COOPERATION OR ASSISTANCE,
PURSUANT TO THIS AGREEMENT, AGREES TO ASSUME RESPONSIBILITIES FOR THE
ACTS, OMISSIONS, OR CONDUCT OF SUCH PARTY'S OWN EMPLOYEES WHILE
ENGAGED IN RENDERING SUCH AID PURSUANT TO THIS AGREEMENT, SUBJECT TO
THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, WHERE APPLICABLE.
SECTION V: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a) EMPLOYEES OF THE MIAMI SHORES POLICE DEPARTMENT AND THE MIAMI
BEACH POLICE DEPARTMENT WHEN ACTUALLY ENGAGING IN MUTUAL
COOPERATION AND ASSISTANCE OUTSIDE 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.
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b) EACH PARTY AGREES TO FURNISH NECESSARY PERSONNEL, EQUIPMENT,
RESOURCES AND FACILITIES AND TO RENDER SERVICES TO EACH OTHER
PARTY TO THE AGREEMENT AS SET FORTH ABOVE; PROVIDED, HOWEVER,
THAT NO PARTY SHALL BE REQUIRED TO DEPLETE UNREASONABLY ITS OWN
PERSONNEL, EQUIPMENT, RESOURCES, FACILITIES, AND SERVICES IN
FURNISHING SUCH MUTUAL AID, AS DETERMINED BY THE FURNISHING PARTY.
c) AS BETWEEN THE PARTIES HERETO, THE POLITICAL SUBDIVISION THAT
FURNISHES EQUIPMENT PURSUANT TO THIS AGREEMENT SHALL BEAR THE
COST OF LOSS OR DAMAGE TO THAT EQUIPMENT AND MUST PAY ANY
EXPENSE INCURRED IN THE OPERATION AND MAINTENANCE OF THAT
EQUIPMENT.
d) AS BETWEEN THE PARTIES HERETO, THE AGENCY FURNISHING AID PURSUANT
TO THIS AGREEMENT SHALL BE RESPONSffiLE TO COMPENSATE ITS OFFICER
(S) I EMPLOYEE (S) DURING THE TIME SUCH AID IS RENDERED AND SHALL
DEFRAY THE ACTUAL TRAVEL AND MAINTENANCE EXPENSES OF ITS
EMPLOYEES WHILE THEY ARE RENDERING SUCH AID, INCLUDING ANY
AMOUNTS PAID OR DUE FOR COMPENSATION DUE TO PERSONNEL INJURY OR
DEATH WHILE SUCH EMPLOYEES ARE ENGAGED IN RENDERING SUCH AID, TO
THE SAME DEGREE, MANNER AND EXTENT AS IF THE OFFICER(S)/EMPLOYEE(S)
WHERE ENGAGED IN THE PERFORMANCE OF DUTIES WITHIN THEIR
RESPECTIVE JURISDICTIONS.
e) THE PRIVILEGES AND IMMUNITIES FROM LIABILITY, EXEMPTION FROM LAWS,
ORDINANCES AND RULES, AND ALL PENSION, INSURANCE, RELIEF, DISABILITY,
WORKERS' COMPENSATION, SALARY, DEATH AND OTHER BENEFITS THAT
APPLY TO THE ACTMTY OF AN EMPLOYEE OF AN AGENCY WHEN
PERFORMING THE EMPLOYEE'S DUTIES WITHIN THE TERRITORIAL LIMITS OF
THE EMPLOYEE'S AGENCY APPLY TO THE EMPLOYEE TO THE SAME DEGREE,
MANNER, AND EXTENT WHILE ENGAGED IN THE PERFORMANCE OF THE
EMPLOYEE'S DUTIES EXTRATERRITORIALLY UNDER THE PROVISIONS OF THIS
MUTUAL AID AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL APPLY
WITH EQUAL EFFECT TO PAID, VOLUNTEER, AND AUXILIARY EMPLOYEES.
f) NOTHING HEREIN SHALL PREVENT THE REQUESTING AGENCY FROM
REQUESTING SUPPLEMENTAL APPROPRIATIONS FROM THE GOVERNING
AUTHORITY HAVING BUDGETING JURISDICTION TO REIMBURSE THE
ASSISTING AGENCY FOR ANY ACTUAL COSTS OR EXPENSES INCURRED BY THE
ASSISTING AGENCY PERFORMING HEREUNDER.
g) NOTHING IN THIS AGREEMENT IS INTENDED OR IS TO BE CONSTRUED AS ANY
TRANSFER OR CONTRACTING AWAY OF THE POWERS OR FUNCTIONS OF ONE
PARTY HERETO TO THE OTHER.
h) THIS AGREEMENT CREATES NO RIGHTS OR BENEFITS IN FAVOR OF ANY THIRD
PARTIES AND THERE ARE NO INTENDED THIRD PARTY BENEFICIARIES WITH
REGARD TO THE PROVISION HEREOF.
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SECTION VI: LIABILITY INSURANCE
EACH PARTY SHALL PROVIDE SATISFACTORY PROOF OF LIABILITY INSURANCE
OR SELF INSURANCE BY ONE OR MORE OF THE MEANS SPECIFIED IN SECTION
768.28(15)(a), FLORIDA STATUTES, IN AN AMOUNT WHICH IS, IN THE JUDGEMENT
OF THE GOVERNING BODY OF THAT PARTY, AT LEAST ADEQUATE TO COVER THE
RISK TO WHICH THAT PARTY MAY BE EXPOSED, SHOULD INSURANCE COVERAGE,
HOWEVER PROVIDED, OF ANY PARTY BE CANCELLED OR UNDERGO MATERIAL
CHANGE, THAT PARTY SHALL NOTIFY ALL PARTIES TO THIS AGREEMENT OF
SUCH CHANGE WITHIN TEN (10) DAYS OF RECEIPT OF NOTICE OR ACTUAL
KNOWLEDGE OF SUCH CHANGE.
SECTION VII: FORFEITURE PROVISIONS
a) IN THE EVENT THAT AN AGENCY SEIZES ANY REAL PROPERTY, VESSEL,
MOTOR VEHICLE, AIRCRAFT, CURRENCY OR OTHER PROPERTY PURSUANT TO
THE FLORIDA CONTRABAND FORFEITURE ACT DURING THE PERFORMANCE OF
THIS AGREEMENT, THE AGENCY REQUESTING ASSISTANCE IN THE CASE OF
REQUESTED OPERATIONAL ASSISTANCE AND THE SEIZING AGENCY IN THE
CASE OF VOLUNTARY COOPERATION SHALL BE RESPONSIBLE FOR
MAINTAINING ANY FORFEITURE ACTION PURSUANT TO CHAPTER 932, FLORIDA
STATUTES. THE AGENCY PURSUING THE FORFEITURE ACTION SHALL HAVE
THE EXCLUSIVE RIGHT TO CONTROL AND THE RESPONSIBILITY TO MAINTAIN
THE PROPERTY IN ACCORDANCE WITH CHAPTER 932, FLORIDA STATUTES, TO
INCLUDE, BUT NOT BE LIMITED TO, THE COMPLETE DISCRETION TO BRING THE
ACTION OR DISMISS THE ACTION.
b) ALL PROCEEDS FROM FORFEITED PROPERTY SEIZED AS A RESULT OF OR IN
ACCORDANCE WITH THIS AGREEMENT SHALL BE DIVIDED EQUALLY BETWEEN
THE PARTIES, LESS THE COSTS ASSOCIATED WITH THE FORFEITURE ACTION.
SECTION Vill: EFFECTIVE DATE
THIS AGREEMENT SHALL TAKE EFFECT UPON EXECUTION AND APPROVAL BY
THE HEREINAFTER NAMED OFFICIALS AND SHALL CONTINUE IN FULL FORCE AND
EFFECT UNTIL JANUARY 01.2005 . UNDER NO CIRCUMSTANCES MAY THIS
AGREEMENT BE RENEWED, AMENDED, OR EXTENDED EXCEPT IN WRITING.
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"
SECTION IX: CANCELLATION
ANY PARTY MAY CANCEL ITS PARTICIPATION IN TillS AGREEMENT UPON THIRTY
(30) DAYS WRITTEN NOTICE TO THE OTHER PARTY OR PARTIES. CANCELLATIONS
WILL BE AT THE DISCRETION OF ANY SUBSCRIBING PARTY.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE
SIGNED ON THE DATE SPECIFIED.
--r:-~
Name: TO\'l\~b
~~
Name: Neisen Kasdin
Title:
Title: Mayor
Organization: .mIOMI <'SMreS
Date: ::)~'~J 0 I
Organization: City of Miami Beach
Date: ~ Ii 5) ;}-<)o I
ATTEST:
ATTEST:
IJuba ~ I
City Clerk, Village of i~ores,
Florida
~cr P a-~
City Clerk, City ofMiarni Beach,
Florida
Robert Parcher
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
APPROVED AS TO FORM
AND LEGAL SUFFICIE CY:
APPROVED AS TO
Filing the agreement: Section 23.1225(4). Florida Statutes, requires thefi;M&~Of.tAiejigned mutual aid
agreement with FDLE within 14 days after signature. Filing may be accom 1~'1~tJIlI~ to FDLE, P.O.
Box 1489, Tallahassee, FI32302, Attention: Mutual Aid, or Fax to 904-488-1 l5'o~"-'
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