Agreement MULTI- AGENCY VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
WHEREAS, the below subscribed 'law enforcement agencies have joined together within the
State of Florida into an agreement to combat. the online sexual exploitation . of children, the
manufacturing and distribution of child, pornography, other 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 againsfidentif ed violators, as appropriate; and
.WHEREAS, the undersigned agencies have the authority -under Part 1, Chapter 23, Florida
State 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;
NOW THEREFORE, the parties agree as follows:
Each of the , undersigned . law enforcement agencies approves, authorizes and enters into this
Agreement at the - request of the Office of the Attorney General's Child Predator CyberCrime
Unit to implement with the jurisdiction and other .limits as noted herein the purposes and goals
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Parties To This.Agreement:
Office of the Attorney, General Child Predator CyberCrime Unit
Other Agencies as evidenced by them attached authorized signature pages)
Parties may, with the approval of the Office of the Attorney General, Child Predator CyberCrime
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Unit enter into this A reement as. evidenced b their si nin of this Agreement. An art ma y
cancel its participation in this Agreement upon, delivery of written notice of cancellation to ' the
Office of the Attorney. General Child Predator, CyberCrime Unit.
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Intent Statement, Goals and Provisions for Voluntary Cooperation:
{ It is the intention of the Office of the Attorney General Child Predator CyberCrime Unit to
establish this multi- agency mechanism . by which area area law enforcement agencies can dedicate
resources for the purpose of- targeting internet crimes against children offenders; along with their
associated distribution organizations.
The principal purpose. of this multi- agency agreement shall be the successful 'prosecution of
violators of the internet crimes against children - laws, with particular emphasis placed. on efforts
designed to identify children that are currently' being victimized or are at great risk of future
victimization. Furthermore, emphasis shall be-'placed on targeting violators that commit criminal
acts in multiple jurisdictions and/or multiple judicial circuits.
Enforcement efforts shall include but are.. not limited to, .undercover' operations designed to
detect illegal .intemet:. crimes against children activity including : but ,not limited to violations of
Chapter 847 and Chapter 827, Florida Statutes; 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 local' law enforcement authorizes as my be
required and 'appropriate under this agreement..,
'While the seizure and civil forfeiture of assets is an effective .tool in : combating' organized
i criminal activity, the seizure and forfeiture of assets shall not take priority over the primary
function, which, shall be to enforce,criminal law violations.
Nothing'herein shall otherwise lirriit the ability, of participating members to. provide, as provided
by or allowable by law, such assistance in any enforcement action as may be lawfully requested
by a law enforcement officer having jurisdiction over an incident, crime. or matter under
consideration.
The parties to this Jagreement are contributing personnel and resources in support, of the internet
crimes against children enforcement efforts, with the operations .being coordinated by the Office
of the Attorney General Child Predator CyberCrime Unit.
The .Office of the Attorney General Child Predator CyberCrime. Unit shall be responsible for the
command and day =to -day administration of the task force operations and shall have the authority
to determine case priority, as needed.
The Office of the Attorney General Child Predator CyberCrime Unit Prosecutor will initially
determine whether cases resulting from internet crimes against children activities shall be
prosecuted in, state court, or whether an individual case would be best resolved through 'referral
to the United States Attorney for consideration of federal prosecution.- ,Should the participating
agency. disagree with, the initial venue determination made by the Office of the Attorney General
Prosecutor, said agency supervisor should consult with the Office , of the Attorney General'
Prosecutor, on an individual: case basis, for, reconsideration . and final decision. Final
determination will rest with, the Office of the Attorney General Child Predator CyberCrime Unit
Prosecutor or the Unit Director.
Jurisdiction:
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 internet crimes against children operations that have been approved by, and. include
the participation of members of -the :Office of the Attorney General Child Predator CyberCrime
Unit as are contemplated by the Agreement. Members operating outside the jurisdiction of their
Agency shall not enjoy extra-jurisdictional authority as. a .law enforcement officer unless
accompanied by a sworn law enforcement member of the Office of - the Attorney General
Child Predator CyberCrime Unit. The .Parties to this Agreement recognize 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 Attorney General Child Predator
CyberCrime Unit as provided by the "Florida Mutual Aid Act". Pursuant to Section 23.127(1),
Florida Statutes. Designated employees of the undersigned Agencies - participating under this
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Agreement 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
employee were performing duties inside the political subdivision in -which _the employee in
normally. employed.
Activities shall be considered authorized only when approved as provided herein by the Office of
the Attorney General Child Predator CyberCrime Unit. 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 internet crimes against children .operations or have been
encountered directly incident to an approved - Office of the Attorney General Child Predator
CyberCrime Unit, internet crimes against children operation.
If a conflict arises between an order or direction provided by the Office of the Attorney General
Child Predator CyberCrime Unit member and a member's, employing Agency's rules; standards,
or policies, the conflict shall be promptly reported to the Office of the Attorney General Child
_ . Predator CyberCrime Unit supervisor, and to the supervisor in the ' member's agency chain of
command. The Office of the Attorney General Child Predator. CyberCrime Unit supervisor, in
conjunction with the member's agency supervisor, shall attempt to resolve the conflict in a
manner that will allow the internet 'crimes against children operation to continue appropriately:
At no time. will a participating member be, forced to violate his /her own agency's policies or rules
to carry out an internet crimes against children initiative.
The parties to this Agreement may, by a written memorandum of understanding or written
attachment to this. ,Agreement, identify or ` further define particular guidelines, policies, or
procedures to be utilized . by members when engaged in internet crimes against .children
operations. Jn' the absence of written memorandum of understanding or attachments, the policies
and procedures. to be utilized shall be those policies and procedures of the Office of the Attorney
General Child Predator CyberCrime .Unit. However, as stated above, no member will be
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expected to violate or otherwise fail to. maintain the employing Agency's .standards of
conduct', rules or policies.
Powers, Privileges, 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 the state, while in the company of an\
Office of -the. Attorney General Child Predator CyberCrime Unit sworn law enforcement
member under the terms of this agreement, shall, pursuant to -the provisions of section
23.127 1 Florida Statutes; have the same powers, duties rights, rivile s , and immunities as .if
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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`.t
Each member.... agency engaging in internet crimes against children initiatives pursuant to this
Agreement agrees. to - assume its own liability and responsibility for the acts;..omi'ssions, . _or
conduct of such. Party's own employee while such employees are engaged .in internet crimes
against children activities /initiatives, and shall remain responsible for tle. compensation,
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retirement, workers compensation and other benefits accruing to the benefit of said participating
employees, as further discussed below:
Each art to ;this A reement a gees -to furnish necessary personnel property, olice equipment
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vehicles, . and resources in order to effect `the purpose of the internee crimes against children
activities, and agrees to bear the cost of loss or damage to its equipment, vehicles or property so 1
provided. Parties understand and agree that they will be responsibl'e'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. The
privileges and immunities from liability, exemption from laws, ordinances, and rules, and, all
pension, insurance, relief, disability workers' compensation, salary' (including overtime
compensation or compensatory time), death and other benefits that apply to the activity of an .
employee.'s Agency when performing 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.
The Office of the Attorney General's Child Predator CyberCrirne Unit - will provide task force
members with identification credentials' These credentials are property of the Office , of the
Attorney General Child Predator CyberCrime Unit and must -be returned to the-Office of the
Attorney General Child Predator CyberCrime Unit upon request.
The provsions.of this section shall apply with equal effect to. paid, volunteer, and auxiliary
employees.
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.
Property Seizure and Forfeiture Considerations:
No.funds or other property seized during the internet.crimes against children operations are toube
utilized by any member . agency prior to successful forfeiture or until the title or - interest in the
funds otherwise lawfully vests in one of more member agencies. Forfeiture actions based upon
seizures made by members shall be based upon current. statutory and case law. The Parties agree
that' the Sheriff of the county wherein the seizure occurs,' or - the Office of the Attorney General,
through its attorneys, will be primarily responsible - under this Agreement for pursuing all
forfeiture -actions on behalf of all Parties in state court, subj ect to' their 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, nor shall it preclude the adoption , of said" seizures
.for federal forfeiture proceedings when deemed appropriate. 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 unless an 'alternative distribution
allocation among the Parties has been agreed upon.
Any Party to this agreement or any prosecutor handling the criminal prosecution of internet
crimes against, children cases may request copies of forfeiture complaints and pleadings filed by
reason-of internet crimes against children seizures, and such copies shall promptly provided to
the requestor. If any legal dispute or concern as to the form or sufficiency of forfeiture actions or
other- action proposing to vest the interest of member agency(ies) in, seized" cash or,property is
raised - by any of the Parties to the Agreement, an attempt to resolve the issue through informal
discussion and contacts 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 concerns cannot be resolved, no forfeiture action 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, provided the property under
consideration otherwise 'qualifies under law for such consideration. Forfeiture actions shall be
further governed-by terms and conditions "described in Section 932.704(11)(a), Florida Statutes.
Evidence and Records:
The Parties agree that reports and records shall be, maintained by the member Agency as well as
the 'Office of the_ Attorney General Child Predator. CyberCrime Unit, and shall be retained by
each Agency.
Evidence shall be seized in accordance with each member's agency guidelines and all evidence
seized in . internet crimes against children operations shall be maintained by the participating
local agency in whose jurisdiction the evidence was initially seized.
The Office of the Attorney General . Child Predator CyberCrime Unit may at any time order a
review and audit by the Office of the Attorney General Inspector General's Office, of operations
with regard to the seizure and handling of all evidence, property, or cash or any other aspect of
internet.crimes against children operations. The Parties agree to cooperate in any such audit by
allowing full access to documents, personnel and facilities to perform the audit function.
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` Terms of Agreement:
This agreement shall become effective as to the executing Parties upon execution by the Director
of 'the Office of the Attorney General Child Predator CyberCrime Unit and at least one other
participating Agency, As each additional Party executes this Agreement, it shall be effective as
to the newly executing Party.
This Agreement shall remain in full force as to all participating Parties until December 31, 2012,
unless canceled in writing by the Director or Chief 'of Law Enforcement, of the Office of the
Attorney General Child Predator CyberCrime Unit, or as canceled-in writing by an individual
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Party as provided herein. This Agreement maybe duplicated for dissemination to all Parties and
such duplication shall be of the same force and effect as the original. Execution of this
Agreement maybe signified b properly signing a separate signature page, on inal,of which
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shall be returned to and maintained by, the Office of the -Attorney General Child Predator.
CyberCrime Unit. Under no circumstances may this agreement be renewed, amended, or
extended except in writing.
THE CITY. OF MIAMI BEACH, BY AND THROUGH
THE CITY OF MIAMI BEACH - POLICE DEPARTMENT, SIGNATURE PAGE
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement
to Combat Internet Crimes Against Children
Pursuant to F.S. 23.1225(3) this agreement is entered into by the City of 'Miami Beach,
on behalf of the Miami Beach Police Department, and. is authorized to contractually bind the
Miami Beach Police Department. By signing below, the City of Miami Beach is hereby.
authorizing the Miami Beach Police Department to participate in Voluntary Cooperation Mutual
Aid Agreement to Combat Internet Crimes Against Children. This signature page is° evidence of
authorization that is to remain on file at the Office of `the Attorney General Child Predator Cyber
Crime Unit.
In witness whereof, the parties hereto cause to these presents to be signed on the date
specified.
AGREED TO AND ACKNOWLEDGED this 0 day of ��� , 2011. .
CITY OF MIAMI BEACH, FLORIDA
CARLOS "E. NORIEGA
POLICE .CHIEF
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IT MA AGE
Date:
MAT HERRERA BOWER
MAYOR
Date: Z �7 0/1
ATTEST: APPROVED AS TO
FORM LANGt1AGE
& FO EXECUTION
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ROBERT PARCHER Z U
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CITY CLERK ,i TORNEY �,a ATE