So. Fla Money Laundering Strike Force Mutual Aid Agreement
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SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
(April, 2007)
WHEREAS, the below subscribed law enforcement agencies have joined together in a multi-
jurisdictional Strike Force (hereinafter referred to as the Strike\Force) intended to combat illegal
money laundering, drug trafficking and other drug law violation~, and related criminal violations
and to disrupt organizations engaging in such activity through coordinated and long-term
investigative, forfeiture, and prosecution efforts; 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 participating agencies desire to utilize the Strike Force as the sole method
of facilitating state and local .money laundering investigations that are not otherwise part of a
joint federally-directed effort within their respective jurisdictions; 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;
and
WHEREAS, the undersigned agencies acknowledge and recognize that they have been
operating under the existing agreement and modifications thereto, that the agreement has
continued in full force and effect, and express their present intent to renew and refine the
original agreement and, subsequent renewals thereof in order to better reflect the continued and
present focus of the efforts of the agencies in this Strike Force;
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 Strike Force for
the purposes and goals indicated.
Parties To This Agreement:
--The Florida Department of Law Enforcement,
--The Department of Highway Safety and Motor
Vehicles, Division of Florida Highway Patrol,
--The City of Coral Gables Police Department,
--The City of Miami Police Department,
--The City of Miami Shores 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 Aventura Police Department,
--The City of Hollywood Police Department,
--The City of Davie Police Department,
--The City of Hallandale Beach Police Department,
--The City of Miramar Police Department,
--The City of Pembroke Pines Police Department,
--The City of Fort Lauderdale Police Department,
--The Monroe County Sheriffs Office,
--The Broward County Sheriffs Office,
--The City of Sunrise Police Department
--The Office of the State Attorney of the Eleventh
Judicial Circuit of Florida
........
A party other than those listed on page one may, at the request of FDLE and with the approval
of the Strike Force Steering Committee, enter into this Agreement as evidenced by its signing
of this Agreement. Any party may cancel its participation in this Agreement upon delivery of
written notice of cancellation to the Special Agent in Charge of the Miami Regional Operations
Center of FDLE, who shall immediately notify other participating parties of the cancellation.
NA TURE OF LAW ENFORCEMENT ASSISTANCE AND VOLUNTARY
COOPERA TlON TO BE RENDERED:
1. The Strike Force is to effect dedicated and intensive investigative, preventative, and general
law enforcement efforts primarily with regard to the investigation of illegal money laundering
and drug trafficking operations and related crimes, and in efforts to dismantle and disrupt
the organizations committing such violations. The principal goal of the Strike Force shall be
the coordinated investigation of, and successful prosecution of perpetrators of such crimes,
with particular emphasis on efforts designed to identify and dismantle organized criminal
enterprises. Such efforts shall include, but are not limited to, undercover operations
designed to detect illegal activity and to identify those involved in such activity including
those directing or otherwise controlling such activity, interception of communications related
to such activity as may be authorized by law, the arrest and prosecution of those involved
(utilizing state and federal or other prosecutions, as appropriate); the seizure and forfeiture
of assets of those engaged in such activity or otherwise 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, foreign or local law
enforcement authorities as may be required and appropriate under the Strike Force's
operations. In recognition that such efforts transcend jurisdiction limits, it is the intent of this
voluntary cooperation agreement to assure the continued functioning of law enforcement in
areas where such limits might otherwise thwart major law enforcement efforts.
2. The Parties to this Agreement are contributing personnel and resources in support of the
Strike Force efforts, with the operations of the Strike Force being coordinated by FDLE and
other Strike Force members. No agency will participate in the Strike Force unless it
provides resource contributions and operates within the operational parameters related to
Strike Force efforts as required of it by the Steering Committee or FDLE. .
3. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an
employee as a member of the employee's Agency. Nothing herein shall otherwise limit the
ability of participating Strike Force members to provide, as provided by or allowed by law,
such assistance in any enforcement action unrelated to Strike 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.
EXTENSION OF PARTICIPANTS' JURISDICTION; COMMAND AND
SUPERVISORY RESPONSIBILITY; STEERING COMMITTEE;
NOTlFICA TION REQUIREMENTS
1. The principal sites of Strike Force activity are Miami-Dade County, Sroward County, and
Monroe County, Florida, but Strike Force activities may occur elsewhere within the State of
Florida consistent with the purpose and terms of this Agreement. As provided by Section
23.127(1), Florida Statutes, a Strike Force member engaged in an authorized Strike Force
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 2 of 39 Pages
operation outside the member's jurisdiction but inside the State of Florida that is pursuant
to, and 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 performing duties inside the member's jurisdiction as provided by the
"Florida Mutual Aid Act" and this Agreement.
2. Whenever Strike Force activities outside of Miami-Dade County, Sroward County, 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 Strike Force's actions within the sheriff's or chief's jurisdiction.
3. Members of the Strike Force operating outside their normal jurisdictions recognize that their
extra-territorial powers and authority are, unless otherwise supported by law, derived by and
through this Agreement. Activities shall be considered authorized and under the authority of
this Agreement when the activities have been approved and are under the overall direction
of an FDLE supervisor or command designee assigned to the Strike Force. No extension of
jurisdiction or authority is granted solely by reason of this Agreement for law enforcement
activities unless they are approved and supervised as provided herein and are related to
Strike Force operations, or have been encountered directly incident to an approved and
supervised Strike Force operation.
4. a. A participating agency can work other money laundering investigations outside
investigations handled under this agreement and through the Strike Force only upon
approval by the Steering Committee. Absent such specific approval, all participating
agencies agree to utilize the Strike Force as the exclusive means to engage in state or local
investigations of all money laundering cases conducted by their agency personnel other
than investigations conducted as part ofa federally-directed joint operation.
Notwithstanding this provision, an agency encountering money-laundering incidental to
another investigation may initially continue its investigative efforts until such time as the
Strike Force accepts the investigation or approval for the agency to work the case outside
the Strike Force is granted. If the Strike Force Steering Committee declines to include a
particular state or local money laundering investigation within its operations, a Strike Force
participating agency will be free to independently pursue the investigation within the
parameters of law. Any such independent investigation will be outside the scope of the
Agreement and will not benefit from the extension of jurisdiction conferred by this
agreement. All money laundering investigative efforts incidental to another investigation
conducted by an agency prior to acceptance of the money laundering investigation by the
Strike Force are outside the scope of this Agreement and will not benefit from the extension
of jurisdiction conferred by this agreement.
b. Any Strike Force participating agency that becomes aware of an investigation in violation
of the limits imposed by this clause shall immediately report it to the Chair of the Strike
Force'Steering Committee. The Chair shall bring the matter to the attention of the Strike
Force Steering Committee as soon as practical. Violation of the commitment under this
clause may result in sanctions against the violating agency, which may include, but are not
limited to, permanent reduction in the offending agency's share of forfeiture proceeds
obtained from Strike Force efforts or suspension or dismissal from the Strike Force.
5. The Steering ComD1ittee consists of command level representatives from the signatory
agencies to this agreement. The Steering Committee shall have plenary supervisory
authority over Strike Force planning and direction. The Steering Committee shall assure
that the Strike Force remains dedicated to its mission and primary goal of dismantling
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 3 of 39 Pages
organized money laundering organizations operating within Florida. The Strike Force
Steering Committee will meet quarterly or as otherwise required to maintain an ongoing and
active oversight role. The Steering Committee shall select a Chairman and Vice-Chairman
from the signatory agencies. The Chairman shall serve one year. The Vice-Chairman shall
assume the Chair upon the expiration of the term of the current Chairman. The Steering
Committee shall select a new Vice-Chairman whenever the position becomes vacant.
6. The designated FDLE supervisor serving as Director of the Strike, Force will provide
quarterly reviews to the Steering Committee and the Office of the Executive Director of
FDLE reporting Strike Force investigative, int~lIigence and forfeiture activity. The Steering
Committee shall periodically, no less than twice yearly, assure that its meeting includes as
the main agenda item a review the objectives and accomplishments of the Strike Force, a
review of the success of the Strike Force in meeting its primary goal of dismantling
organized money laundering organizations within Florida, and shall issue, directives and
cause such chang~s as may be necessary to assure the Strike Force efforts remain
productive and focljsed on the Strike Force's primary missions.
7. Each participating agency shall contribute personnel and resources to the Strike Force in
such numbers as are agreed to by the participating agency and the Strike Force Steering
Committee. Participating agencies shall assign personnel to the' Strike Force based upon
their investigative experience and the operational needs of the Strike' Force. Final
acceptance of personnel assigned to the Strike Force shall rest with the FDLE Strike Force
Director.
8. The Steering Committee shall regularly rece'ive performance reports to review whether
resource contributions of participating agencies and funding are adequate to assure Strike
Force efforts are effective. The Steering Committee will also review and approve the Strike
Force's annual operational budget and administrative expenses and financial status report.
9. Actual operations of the Strike, Force will be supervised and directed by sworn FDLE
member(s) of the Strike Force agreed upon by the Strike Force Director to serve in an
overall supervisory role. The Strike Force second-in-command should be the rank of
lieutenant or the operational equivalent to that rank. No person shall serve as, second-in-
command who is not a full-time, certified officer with his or her employing entity. Provided
that FDLE supervision is maintained, the FDLE Strike Force Director may designate a team
leader for specific field operations. The team leader may be any sworn member of a
signatory agency to this agreement. Each Strike Force member participating in a Strike
Force operation shall follow and adhere to, and is presumed to be following and adhering to,
the supervision and direction given by the designated supervisor of the operation. If at any
time the FDLE supervisor or designated team leader determines that the Strike Force
operation should be terminated, all actions related to said operation as authorized by this
Agreement are to be promptly terminated in a manner assuring the safety of all involved law
,enforcement officers. However, Strike Force-assigned officers or agents who are within
their normal territorial jurisdiction(s) may, acting unilaterally as officers or agents of their
employing agency, engage in continued investigative or enforcement actions as authorized
by their agency supervisor(s). Any such actions shall not be considered the operations of
the Strike Force and shall not fall within the privileges and obligations of this Agreement.
Nothing in this paragraph shall modify or relax the restrictions against unilateral money
laundering investigations by Strike Force participating agencies as addressed in Paragraph
4 herein.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 4 of 39 Pages
10. Upon any termination of Strike Force operations, the supervisor shall document the
circumstances of the termination, including whether there appears to have been an
agency's unilateral continuation of investigative or enforcement activity, and the Strike Force
shall retain the documentation. The Strike Force and its member agencies are not
responsible for the actions of any participating -agency or its officers or agents conducted
after the Strike Force' operation has been terminated or otherwise performed outside the
scope of this Agreement.
11. The Strike Force shall maintain a listing of Strike Force personnel serving as supervisors or
designated supervisors. Documentation shall be maintained by the Strike Force that will
reflect the involvement of sworn members in each Strike Force operation or investigative
activity and the assigned supervisor or designated leader for each such operation or activity.
No member of the Strike Force shall engage in Strike Force related activities that are
unauthorized, unreported or otherwise unknown to the assigned Strike Force supervisor or
designated leader and which are not documented as provided herein.
12. Any officer or agent participating in Strike Force operations shall promptly report to any
Strike Force supervisor any suspected unauthorized, unreported, undocumented, or
unsupervised investigative or enforcement activity of Strike Force personnel.
13. Any agency head of a party to this Agreement may request that a particular agency's
member of the Strike Force no longer be allowed to participate in the Strike Force. Upon
receiving the request, the Strike Force Director shall temporarily suspend the member's
active participation ih Strike Force efforts. At its next meeting, the Steering Committee shall
determine whether the request should be honored on a permanent basis. Upon receipt
from the Steering Committee of a request to no longer allow a particular agency member's
participation in the Strike Force, the employing Agency shall promptly terminate the
member's participation in the Strike Force. Absent an objection by any other Party to this
Agreement, a Party to this Agreement may otherwise add, substitute, reinstate, or replace
any of its sworn or support employees participating in the Strike Force. If a Party objects to
any such action, the Steering Committee shall determine whether the action may proceed or
be maintained.
14. If a conflict arises between an order or direction provided by the assigned supervisor or
designated leader and a Strike Force member's employing Agency's rules, standards, or
policies, the conflict shall be promptly reported to the supervisor or leader when
circumstances safely allow a concern to be raised. The supervisor or team leader, in
conjunction with available members of the governing board as may be necessary, shall
attempt to resolve the conflict in a manner to allow the Strike Force operation to continue
appropriately. No officer or agent shall be required to knowingly violate the policy of his or
her employing agency while participating in Strike Force operations.
15. 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 Strike Force when engaged in Strike Force
operations, provided that all such guidelines, policies and procedures are consistent with
Florida law and Florida or federal forfeiture guidelines and the terms of this Agreement.
However, Strike 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 Strike Force
members shall be clearly identified by the Strike Force supervisor, or if a supervisor is
unavailable, by a Strike Force team 'leader as designated by the supervisor. Written
South Florida Money Laundering Strike Force
, Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 5 of 39 Pages
guidelines, policies, or procedures adopted for use by the Strike Force as provided herein'
may not be waived or abandoned by Strike Force supervisors or participants. However,
when engaged in Strike Force operations no Strike 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.
PROCEDURE FOR REQUESTING AND AUTHORIZING ASSISTANCE
Officers assigned to Strike Force operations pursuant to this agreement shall be empowered to
render enforcement assistance and take enforcement action in accordance with the law and the
terms of this Agreement. Execution of this agreement and continued participation by FDLE and
one or more Strike Force member agencies shall constitute a general reciprocal, continuing
request for and granting of assistance between the members of the Strike Force which shall be
considered authorized -in accordance with the provisions of this Agreement. No additional or
specific formal request for assistance is required.
USE AND DISTRIBUTION OF SEIZED FUNDS AND PROPERTY;
STRIKE FORCE ADMINISTRA TlVE EXPENSES:
1. The Parties to this Agreement recognize that law enforcement is the principal objective of all
asset forfeiture and that, as mandated by Section 932.704(11)(a), Florida Statutes, as
enacted by Chapter 95-265, Laws of Florida, the Strike Force's operations and each Party's
use of property, currency, or proceeds received by reason of state forfeiture actions are to
conform with "Florida's Forfeiture Guidelines" as developed and adopted by the Florida
Department of Law Enforcement, the Florida Sheriffs Association, and the Florida Police
Chiefs Association, a copy of which are incorporated herein as Attachment C. In the case
of federal forfeitures, applicable federal guidelines apply.
2." All Parties recognize that they are to. avoid the appearance of impropriety in the acquisition,
sale, retention or transfer of any forfeited property, currency or proceeds derived from' such
forfeiture, and that forfeiture funds may not be used to meet normal law enforcement
agency operating expenses of each Party.
3. All participating parties acknowledge that the Strike Force has no independent spending
authority and is nofempowered to encumber, grant, donate, or expend funds independently.
Authorizations for expenditures must be consistent with law and authority granted to
participating agencies and in support of the mission of the Strike Force and in accordance
with the approved budget. A participating Strike Force agency shall function as the
administrative agent for Strike Force operational expenditures. The City of Coral Gables
Police Department as empowered by the City of Coral Gables is currently responsible for
handling the administrative and support expenses incurred by the Strike Force in its
operations and is acting' as the Strike 'Force's current administrative agent. If properly
authorized by law and the party's governing body, any other party to this Agreement may be
authorized by the Steering Committee to assume the role of Administrative Party.
4. Parties acknowledge that the Strike Force is not a permanent operation and could be
terminated at any time. Accordingly, the Strike Force shall avoid long-term commitments
via leases or rental agreements unless such agreements reasonably provide for
cancellation prior to their scheduled expiration dates. The Strike Force shall endeavor to
limit administrative expenses as much as reasonably possible, in order to maximize the flow
of forfeiture proceeds to the individual participating agencies. Administrative expenses for
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 6 of 39 Pages
which expenditure may be authorized may include, but are not limited to, expenses incurred
in the storage of seized funds pending forfeiture, expenditures for rent of Strike Force
facilities, rental of vehicles utilized in Strike Force investigative activity, providing phones,
desks, office supplies and equipment in support of Strike Force operations, plaques and
other recognition awards for exiting, members, food and refreshments for Strike Force
meetings and the payment of the salaries of a limited number of Strike Force administrative
and operational support personnel. Use of Strike Force resources to provide "percs" or
benefits beyond that which personnel assigned to the Strike Force would not otherwise be
entitled or provided by the employing agency of the personnel is expressly prohibited. Use
of Strike Force phones, accounts, equipment, vehicles, or other resources for other than
incidental personal purposes is prohibited.
5. Administrative expenses do not include the salaries or overtime compensation, in excess of
64 hours per month, of officers, agents, analysts, or other employees of Party agencies
assigned to the Strike Force, or the purchase of regular or special equipment or resources
by a Party agency that may' be or are utilized in support of Strike Force operations.
Compensation for such costs is the sole responsibility of the employing agency, and may, if
authorized by law and applicable forfeiture guidelines, be paid from forfeiture funds received
by the agency.
6. Anticipated administrative expenses for an administrative agent (currently the Coral Gables
Police Department) during a budget year are to be identified by the administrative agent as
a Strike Force operational budget item, and are to be approved for reimbursement by the
Steering Committee' in the Strike Force operational budget for the fiscal year. The Steering
Committee may approve all or a portion of the proposed administrative expenses. Once
approved, the administrative expenses may be reimbursed to the administrative agent in the
manner, noted below. The administrative agent is not obligated to expend resources in
administrative support of the Strike Force if the Steering Committee does not approve the
expenses for reimbursement via the budget process. All Parties acknowledge that the
Strike Force itself has no authority to independently authorize the expenditure of seized or
forfeited funds, or to make grants from such funds to others. As a result, reimbursement to
the Administrative agent (currently the Coral Gables Police Department) for its
administrative expenditures shall be done by a voluntary deferral of each Party's equitable
share of forfeiture funds otherwise due to it in the manner set forth below.
7. Florida and Federal forfeiture laws allow multiple agencies participating in the seizure and
forfeiture of property to equitably proportion the distribution of such property upon
successful conclusion of the forfeiture. 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 Strike Force unless an alternate
distribution allocation among the Parties has been agreed to:
8. Participating agencies agree that each agency should contribute a fair share toward the
,annual administrative costs of the Strike Force. Such contributions will be effected by
deferring portions of forfeiture proceeds an Agency would otherwise be entitled to receive to
the benefit of the agency operating as administrative agent to cover the proportionate share
of the administrative expenses as noted herein. Such deferrals are to fairly and
appropriately reimburse, not enrich, the administrative agent agency. To reasonably
address the additional expenses incurred by the administrative agent for the administrative
and support expense role described herein and approved by the Steering Committee in its
'operational budget, the other Parties agree that their respective proportionate share in the
distribution of forfeited funds will be reduced as approved by the Steering Committee in
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 7 of 39 Pages
such manner and amount to effect an increase in the share of forfeitures received by the
administrative agent (currently, the Coral Gables Police Department) for the extra
administrative expenses so incurred.
9. All Parties have an equitable ownership in the funds seized for forfeiture and interest earned
on those funds pending perfection of ownership via final order of forfeiture. However, to
further address the additional expenses incurred by the Administrative agent for the
administrative and support expense role described herein and approved by the Steering
Committee in its operational budget, the Parties have agreed that all interest earned yearly
on funds seized and pending forfeiture up to a maximum amount set by the Steering
Committee at the" time the yearly budget is approved shall be distributed to the
Administrative agent upon final order of forfeiture in a manner consistent with this
Agreement and law, with such funds to be applied to the approved administrative and
support expenses. Any interest earned yearly in excess of the maximum amount set by the
Steering Committee shall be included in the funds to be equitably distributed among the
Parties to this Agreement and shall take into account their relative roles in support of the
efforts of the Strike Force unless an alternate distribution allocation among the Parties has
been agreed to.
10. The Steering Committee may approve on a case-by-case basis the adjustment of one or
more distributions of forfeiture funds to Strike Force participating agencies to specifically
increase a Party's share of forfeiture distribution funds for an unusual or substantial
expense incurred by the Party directly associated with its participation in Strike Force
activities. In order for such reimbursement to occur, the expenses must have a substantial
nexus with the Strike Force's operations and mission. The Strike Force members
acknowledge they have no independent authority by reason of this Agreement to disburse
funds other than as authorized by law and as approved by each party's governing entity.
11. Each participating agency is solely responsible for assuring its use of distributed forfeiture
funds is in compliance with state law and mandatory state and federal forfeiture guidelines.
By continued participation in the Strike Force, each participating agency warrants it is
operating in compli~nce with state law and mandatory guidelines. The Steering Committee
shall assure regular training of Strike Force officers and agents as required by the State
Guidelines occurs and is documented. Upon request of FDLE, a participating agency will
provide documentation or certification demonstrating, such compliance. Any participating
agency found not to be operating within applicable forfeiture law and guidelines shall be
suspended from Strike Force participation and forfeiture fund distribution until such time as
the Agency demonstrates it is in compliance with law and guidelines.
12. The Parties to this Agreement acknowledge that under federal guidelines, funds derived
from federal forfeitures are not to be commingled with funds derived from state forfeitures,
and are to be maintained in a separate trust fund account, to be expended only in a manner
as allowed by applicable federal guidelines. All Parties agree to file in a timely fashion all
reports or accountings of receipts or expenditures of forfeiture funds as are required by
state or federal law or applicable guidelines.
PROPERTY SEIZURE AND FORFEITURE CONSIDERA TlONS:
1. No funds or other property seized by Strike Force operations are to be utilized by any Strike
Force agency prior to successful forfeiture or until title or interest in the funds otherwise
lawfully vests in one or more Strike Force agencies. Forfeiture actions based upon seizures
made by the Strike Force may be pursued in either state or federal actions. Actions shall be
,.."
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 8 of 39 Pages
.....
based upon current statutory and case law, and shall be consistent with applicable state or
federal forfeiture guidelines. The Parties agree that the Office of the State Attorney of the
Eleventh Judicial Circuit, through its attorneys, will be primarily, responsible under this
Agreement for pursuing all Strike Force forfeiture actions on behalf of all of the Parties in
state court in Miami-Dade County; that the Hollywood Police Department Legal Advisor shall
handle forfeiture actions in state court in Sroward County, that the Florida Department of
Law Enforcement will be primarily responsible for forfeiture actions in Florida state court
other than in Miami-Dade and Sroward Counties; and that the Office of the United States
Attorney, Southern District of Florida, will be primarily responsible for federal forfeiture
actions. However, this provision shall not preclude the use of other forfeiture attorneys or
personnel as needed on particular matters and as authorized by the Steering Committee
and agreed to by the above-noted three primary entities responsible for forfeiture litigation.
2. Any Party to this Agreement or any prosecutor handling the criminal prosecution of Strike
Force cases may request copies of forfeiture complaints and pleadings filed by reason of
Strike Force seizures and such copies shall be promptly provided to the requester.
Forfeiture actions are to be coordinated with criminal prosecutions. If any legal dispute or
concern as to the form or sufficiency of forfeiture actions or other action proposing to vest
the interest of Strike Force agency(ies) 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 responsible for filing and handling a forfeiture
action believes there is an insufficient basis 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 Strike Force is to be filed.
3. All options available under law to state and local law enforcement agencies with regard to
unclaimed evidence or abandoned property, gifts and plea agreements are available to the
Strike Force, provided the property under consideration otherwise qualifies under law for
'such consideration.
4. Pursuant to Section 932.704(7), F.S., when a claimant and the Strike Force agree to settle
the forfeiture action prior to the conclusion of the forfeiture proceeding, the settlement
agreement shall be reviewed, unless such review is waived by the claimant in writing, by the
court or a mediator or arbitrator agreed upon by the claimant and the seizing law
enforcement agency. If the claimant is unrepresented, the settlement agreement must
include a provision that the claimant has freely and voluntarily agreed to enter into the
settlement without benefit of counsel. A copy of the settlement agreement is to be retained
in the investigative ci?se file giving rise to the forfeiture and settlement.
GUIDELINES FOR MONEYPICKUPS, TRANSFERS AND SECURITY;
AUDITS AND REVIEWS:
,,"
1. The Parties to this Agreement recognize that substantial sums of cash will be seized by
reason of Strike Force operations; and are committed to assuring that all such seizures are
done with the greatest degree of security and integrity possible. The Strike Force will utilize
procedures established by written directive of the Strike Force relating to the seizure of
property for forfeiture and the seizure of contraband. At no time shall a Strike Force
participant seize, handle, transport or count seized funds alone. Pursuant to Section
932.704(11)(b), Florida Statutes, the determination of whether to seize currency must be
made by Strike Force supervisory personnel. Such determination must be documented in a
manner to indicate the supervisory personnel providing such . authorization. The attorney
assigned to handle Strike Force forfeitures must be notified as soon as possible. In the
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 9 of 39 Pages
absence of, or unavailability of that attorney, notification shall be made to the FDLE General
Counselor the FDLE Miami Regional Legal Advisor.
2. No investigative money laundering by the Strike Force or its participating agencies may
occur unless it is a means to an investigative end, rather than an end in and of itself.
Authorized laundering may only be conducted as part of reverse sting or as an interim step
reasonably expected to lead to the seizure of drugs, illicit funds, and/or arrests of those
engaged in unlawful money laundering.
/"
3. The Strike Force will utilize procedures established in writing by the Strike Force relating to
the handling of evidence. A copy of Strike Force Directive 1.3, relating to forfeitures and
seizures, is attached as Attachment A to this Agreement. A copy of Strike Force Directive
1.4, relating to the handling of evidence, is attached as Attachment B to this Agreement.
Both of these Directives currently apply to Strike Force operations. The Parties to this
Agreement acknowledge in signing this Agreement that they have reviewed the
Attachments.
4. The Strike 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 Strike 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 Strike Force. Copies
of written guidelines or directives shall be provided any Party upon request.
5. The Steering Committee will determine the type, nature and extent of audits or reviews
pertaining to Strike Force efforts, to include as a minimum an audit of Strike Force finances
once every two years. In addition, the Florida Department of Law Enforcement may at any
time order a review and audit by FDLE's Inspector General's Office of Strike, Force
operations with regard to the seizure and handling of all evidence, property or cash, use and
disposition of property, currency or proceeds received by any Party by reason of a
forfeiture, or any other aspect of Strike Force operations. The Strike Force Director or the
Steering Committee by majority vote may request at any time that such a review and audit
be performed by FDLE. The Parties agree to cooperate in any such audit by allowing full
access to documents, personnel and facilities necessary to perform the audit function. The
Parties agree to cooperate in any federal audit of Strike Force forfeiture activities as may be
required or requested by the United States government.
COMPLAINTS AGAINST STRIKE FORCE MEMBERS:
1. Each person assigned to the Strike Force shall promptly report any suspected criminal
activity or violation of rule or policy of any other member of the Strike Force or any person
with whom the Strike Force is conducting business.
2. Whenever a complaint has been lodged as a result of Strike Force efforts, a designee of the
Florida Department of Law Enforcement shall ascertain at a minimum:
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
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 10 of 39 Pages
complained about, t~e identity(ies) of the Strike Force participant(s) accused and the
employing Agency(ies) of the participant(s) accused.
3. 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.
4. Upon assignment to the Strike Force, and once yearly, each person assigned to the Strike
Force shall be provided notification that he or she is obliged to report any wrongdoing or
impropriety by any Strike Force personnel. A local method of reporting such shall be
provided, and the name, em ail address and phone number of the Chief Inspector of FDLE's
Executive Investigations shall also be provided as an option for making any such report,
whose phone number is (850) 410-8240.
INTERPLA Y WITH FEDERAL AND OTHER AUTHORITIES:
1. The Parties to this ...Agreement recognize that the federal law enforcement authorities have
requested that the efforts of the Strike Force be closely coordinated with federal authorities
having interests in money laundering investigations. The Parties recognize that federal
agents will, as necessary, be co-located at the Strike Force headquarters or otherwise
provided access to Strike Force operations and planning.
2. International movement of funds: No direct movement of funds internationally, or
transactions which are known by the Strike Force to be an interim step prior to a specifically
planned, expected, or known international transfer of funds shall occur ,unless the federal
agent(s) assigned to work with the Strike Force are provided prior notice and federal
approval and participation is secured. If a federal agency has an objection to any proposed
operation of the Strike Force involving international movements of money, the operation is
not to proceed until the federal objections are resolved, giving federal interstate and
international responsibilities and concerns appropriate deference. The Strike Force shall
not directly or knowingly indirectly engage in international movements of funds without
securing authorization and participation from at least one federal agency having appropriate
jurisdiction.
3. Interstate movement of funds within the United States:
(a) Federal notification: A federal agent with appropriate jurisdiction assigned to work
with the Strike Force (normally, a DEA Agent) must receive notification of any intended
interstate movemel)t of funds prior to the actual movement of the funds. The federal agent,
upon receiving notification as provided herein, shall coordinate the Strike Force's efforts
with other federal law enforcement agencies and make appropriate notification of the
proposed transaction(s). If a federal agency objects to a proposed interstate movement of
funds, no movement shall occur until the federal objections are resolved. The date of
original federal agent notification and the absence of objection shall be specifically
documented on the funds transfer authorization form. In the event of exceptional
circumstances that do not allow timely prior notice to the federal agent, funds may be
moved interstate upon the approval of the Director of the Strike Force, or in the absence of
the Director, his/her designee. The notice required by this section shall occur as soon as
practicable, but in no case longer than 48 hours after the interstate movement of funds has
begun.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 11 of 39 Pages
(b) Recipient or involved state notification: Strike Force interstate movements of money
not otherwise involving the active participation of a federal agency shall be in coordination
with law enforcement agencies in the recipient or involved other states. In operations not
actively involving a federal agency, the Strike Force shall not unilaterally conduct money
transfers in another state, without notifying the appropriate state, or local law enforcement
agencies of the proposed activities. Nothing in this Agreement provides Strike Force
members with jurisdiction beyond the geographic limits of the State of Florida. Strike Force
operations are to be performed in a manner to minimize and avoid conflict with the actions
of, and mission of, federal agencies and other states' law enforcement agencies.
(c) Domestic security: Recognizing that money laundering is an important tool of
domestic and international terrorist organizations, no transfer of funds by the Strike Force
shall occur until the Strike Force has checked available law enforcement intelligence
databases, including, but not limited to, FDLE's "In-Site" to assure there is no believed
connection between the proposed transfer of funds and terrorism. If there is a reasonable
belief that the funds will be utilized by a terrorist organization, no transfer shall occur.
Notwithstanding this prohibition, if the transfer of funds is essential to an investigation of the
terrorist organization, and will substantially assist in the detection and apprehension of
terrorists, or the interference with their planned objectives, upon approval of the Steering
Committee, and with the approval of the primary agency investigating the terrorist
organization, a transfer may occur.
POWERS, PRIVILEGES, IMMUNITIES, COSTS, LIABILITY AND RELA TED
ISSUES; STRIKE FORc;E SUPPORT CONSIDERA TlONS:
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. All personnel assigned to the Strike Force remain ultimately
accountable to their respective employing agencies. In turn, each employing agency remains
responsible for such employees and assumes any liability for the actions of its employees while
assigned to the Strike Force. Each agency is individually responsible for securing supplemental
insurance as may be desired to cover potential losses or liabilities associated with the Strike
Force' operation. With regard to the rental or lease of vehicles for use by the Strike Force
personnel, the participating Law Enforcement Agencies of the South Florida Money Laundering
Strike Force hereby agree to the extent permitted by Law to indemnify from any liability and
hold harmless the other participating Law Enforcement Agencies of the South Florida Money
Laundering Strike Force for any negligent acts or negligent omissions committed by their
respective personnel while acting within the scope of their employment. Therefore, in
consideration of the mutual terms and conditions contained herein, the parties agree as follows:
Each participating Law Enforcement Agency of the South Florida Money Laundering Strike
Force hereby agree to secure or otherwise maintain its own automobile liability insurance or
maintain a self-insuring fund for the term of this Agreement in the amounts determined by each
participating Law Enforcement Agency to adequately insure each participant's liability derived
from the use of the leased or rental vehicles assumed herein, but in no event shall' such
coverage be less than the amount of statutory waiver of sovereign immunity.
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 Strike Force and agrees to bear the cost of
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 12 of 39 Pages
r
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 preclude, as otherwise authoriz€?d
herein, the purchase of administrative support property or resources.
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, workers' compensation, salary (including overtime compensation or
compensatory time), death and other benefits that apply to the activity of an employee of an
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. This provision shall not preclude payment by a Party of
compensation (including overtime compensation) to the Party's officers, agents, analysts, or
other personnel assign.ed to the Strike Force, if allowed by Florida or federal law and applicable
state or federal guidelines, through the use of legally vested Strike Force funds if the Party has
obtained the necessary approval and authorization for such payment from the Party's governing
commission or (if a state agency) the Legislature.
The privileges and immunities from liability, exemption from laws, ordinances, and rules, and
pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits
that apply to the activity 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 Agreement. Each participating Party shall bear its own liability
arising from acts undertaken under the Agreement except as may be otherwise allowed under
Chapter 23, Florida Statutes, and any agreement by a participant to the contrary is void. The
Administrative Agency may request purchase of optional insurance or other reasonable actions '
by the other Parties as a means of helping reduce the Administrative Agency's exposure to
claims or liability incurred solely by' reason of its role as Administrative Agency in renting
automobiles or entering into contractual agreements on behalf, of the Strike Force. Such
requests shall be approved by the Steering Committee, but if not approved, the Administrative
Agency shall not be obligated to enter into any particular rental or contractual obligation on
behalf of the Strike Force.
OBLIGA TlOM TO COORDINA TE WITH PROSECUTOR'S OFFICE:
1. A principal goal of this Strike 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 Strike Force are obligated to
coordinate their efforts in such a way as to support the efficient prosecution of cases,
including, but not limited to, prompt responses to requests from prosecutors for information
or assistance in handling Strike Force generated cases, and reasonable availability for
pretrial conferences with prosecutors, discovery depositions, pretrial hearings and trials.
Civil or administrative actions derived from Strike Force operations are likewise to receive
coordinated support efforts from Strike Force members.
2. Strike Force supervisors shall monitor the efforts of Strike Force members in support of
criminal prosecutions, civil actions, administrative actions and forfeiture cases. Such
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 13 of 39 Pages
monitoring shall include regular contact with assigned prosecutors or attorneys pursuing
actions on behalf of the Strike Force to assure the expected level of support from Strike
. Force members is occurring. Failure by a member of the Strike Force to support such
efforts on a routine and regular basis in the manner set forth herein shall constitute grounds
for suspension or removal from the Strike Force and reduction or elimination of the agency's
share of forfeiture proceeds derived from Strike Force operations.
PRIMARY STRIKE FORCE EFFORTS;
SEM~NNUALPROGRESSASSESSMEN~
1. The Strike Force has as its prime mission these primary areas of activity:
../ Money laundering investigations, including the seizure and forfeiture of funds derived
from drug or other criminal activity and the investigation and prosecution of those
involved in such activity;
../ Criminal investigation and prosecution of those involved in organized drug trafficking
enterprises and those involved in other drug related criminal activity, and efforts to
disrupt and dismantle organizations involved in such illegal activity.
2. The Parties agree to provide sufficient and continued support and personnel resources to
each of the above areas of activity, in a manner and to an extent determined and approved
by the Steering Committee, or as may be requested by the Florida Department of Law
Enforcement.
3. The Steering Committee no less than twice yearly review and evaluate the progress and
success of efforts in' each of the primary areas of activity. To the extent resources are
available, they shall be reallocated to address observed deficiencies or to otherwise better
assure the balanced success of the primary Strike Force efforts.
INTERPLA Y OF STRIKE FORCE AGENCIES WITH FLORIDA VIOLENT
CRIME AND DRUG CONTROL COUNCIL FUNDED INVESTlGA TIVE
EFFORTS
The mission of the Florida Violent Crime and Drug Control Council includes providing matching
funding of significant drug and money laundering investigations within the state. To the extent
that any investigation funded by the Council develops leads related to significant money
laundering affecting investigative efforts of any participating Strike Force agency, the Agency
shall relate the leads to the Strike Force Steering Committee, and the Steering Committee shall
determine whether the money laundering aspect of the Council-funded investigation warrants
inclusion as a Strike Force investigation.
COPY TO EACH PARTICIPA TING STRIKE FORCE MEMBER:
When this Agreement IS fully executed, a copy shall be provided to each Strike Force member
so that each member may be fully aware of the powers, limitations, and expectations applicable
to Strike Force members and operations.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 14 of 39 Pages
TERM AND EFFECT OF AGREEMENT; OBLIGA TlON TO TIMELY RA TlFY;
MEANS OF CANCELLA TION; AUTOMA TIC EXTENSION; INTERIM
CLARIFICA TlONS OR MODIFICA TlONS:
1. This Agreement is the successor agreement to the original Agreement first establishing
the predecessor Strike Force, known as the Multi-Agency Money Laundering and Anti-
Drug Trafficking Strike Force ("IMPACT") and all subsequent renewals thereof. It 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. Upon
execution, this Agreement supercedes previous versions of the agreements. Failure by
, a Party to secure a timely ratification of this superceding agreement will result in said
party's participation in the Strike Force being suspended until such time as the Party
executes the Agreement.
2. This Agreement shall remain in full force as to all participating Parties until June 30,
2008 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 related to
that Party as provided herein. In order for the Strike Force to continue operations
beyond June 30, 2008, this Agreement must be renewed in writing by the participating
Parties.
3. The terms of this Agreement may be clarified or modified, consistent with state and
federal law and guidelines, by supplemental Memoranda of Understanding signed by the
participating parties. Any such Memorandum shall incorporate by reference this
Agreement, and shall become a part of this Agreement by inclusion as an Exhibit
hereto. All such Exhibits are to be sequentially lettered and labeled as an attachment.
Master copies of the current Agreement will be maintained by the Florida Department of
Law Enforcement, Mutual Aid Coordinator and by the Strike Force Director.
4. 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 the attention of:
.."'"
Jacqueline M. Boswell
Regional Legal Advisor
Florida Department of Law Enforcement
1030 NW 111 Avenue
Miami, FL 33172
Upon receipt, originals will maintained by the FDLE Office of Mutual Aid Coordinator.
Any written cancellation or extension shall be forwarded to FDLE at the same address.
5. By signing the agreement, each representative of a party represents that he or she is
fully authorized to enter into this agreement, and that the Party for which the
representative is signing accepts the terms, responsibilities, obligations and limitations
of this Agreement, and agrees to bound thereto to the fullest extent allowed by law.
(Rest of this page intentionally left blank.)
*
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 15 of 39 Pages
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South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 16 of 39 Pages
IN WITNESS WHEREOF, the authorized representatives of Parties hereto sign
on the date specified hereafter:
Party's Acceptance of the April 2007 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
epartment of Law Enforcement:
Date:
mmissloner
01 Law EnIOT~
l.i "
~
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 17 of 39 Pages '
Party's Acceptance of the April 2007 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at FDLE along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Miami Beach Police Department.
4~
Jorge Gonzalez
Print or Type Name
Title:
D Mayor
~. Chief Executive 07fficer, to wit: City Manager
Date: ~ / ~ _7/Jc7
, (
Attest: 11 f)~ IA r PMlJ.uA-
~~~cher, City Clerk
~N(, Cr/2A:,t:
Chief of Police
Date: ~% rr
APPROVED AS TO
FORM & LANGUAGE
& FOR CUTION
5-j;~; k
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 21 of 39 Pages
gN: ~"" <', ,,,,:,,-,,- ',' ,'/,1:'- >''''<,<,,?>i<'_'. 'ii::;f;if~;};'Y.f: :'(~__;~~:~ >:
Pc JA TT ACHMENT\A:, ,: ii! .:/i;i,'"'
}: " " "'~;,'f~ "::<~;'~'>J-: ','i''':'0 .:l:17<<'-'<',~,*::f~: ',', _, "'<' ,.~,,' "',:."'-
eit~r~~ ari9,Seizvres'Directtve;JR~y. tQlQy).
A. FORFEITURE - means anything that is taken into custody by the SFMLSF
investigators that falls under the Florida Forfeiture and Contraband Act. In
general, all Asset Forfeitures will be conducted under Coral Gables Police
Department procedures.
1. All property that is taken under forfeiture will be:
a. Placed into the Coral Gables Police Department Property Unit or,
as in case of vehicles, recorded on Coral Gables Police
Department Vehicle Storage Reports after inventory search. (See
attached Coral Gables Police Department Policy number #050)
b. All property will be listed in the FDLE/Coral Gables P.O. Case
Report and copies forwarded to the appropriate forfeiture attorney
by 5pm the next business day.
B. SEIZURE 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 or applicable seizing agency.
.~
2. All property that is taken into custody will be:
a. Fully documented on Coral Gables Police Department Property
Receipt and/or FDLE Property Evidence Recovery Form.
b. All seizures will be listed in the Forfeiture/ Confiscation's Report
and copies sent within 24 hours to the Dade County SAO Forfeiture
Attorneys and the Confiscation Unit.
3. In all instances where controlled substances are seized that are in the
amount which warrants trafficking charges or instances where monies are
seized in excess of'$1 ,000, the SFMLSF will assign at least three
investigators to the custody of the contraband or monies. The
investigators will maintain custody until the controlled substance or
monies are placed into the Coral Gables Police Department
Property/Evidence room or applicable seizing agency.
4. In all seizures, it is required to complete the SFMLSF ZY Entry Form.
This f~rm is to be completed by the case agent.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 35 of 39 Pages
q':\ 'A:fT ACHMENt-'S
, .:;::;:,~-"~r:'<. ',Y_"- -1~>-:<,,', _ ,. _,.,'~
Force~Evidei,ce Directive,
-;"_,_;,:_.,.,,,,,,_,( '- '... ','C.__ "':"~":",,''',' ',>.,.....1:' ,,0 '". ~,."i:--'. C'" ON "T' '.
A. Each investigator is responsible for the evidence he or she has the occasion to
purchase or seize. 'All controlled substances are to be treated in a very thorough
and 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.). Controlled substances will
always be checke~ 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
SFMLSF Report.
E. Chemical analysis of controlled substances will be performed by the Miami-Dade
Crime Lab or other facility as determined by the Task Force Executive
Commander. The investigator is responsible for:
Coral Gables Property Receipt
Miami Dade County Lab Analysis Form
Miami Dade County Property Receipt with Miami Dade County
Case number.
F. Three' investigators are required when handling trafficking amounts of controlled
substances or amounts of currency in excess of $1 ,000.
G. When an arrest for a controlled substance is made, the arresting investigator will
be responsiblEffor maintaining the integrity of the evidence, until it is turned in to
the Coral Gables Property/Evidence unit.
* As the Coral Gables Police Department is our primary evidence repository see
attached Coral Gables Police Department SOP #050 (Evidence and Property) in order
to comply with those regulations. .
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 36 of 39 Pages
";;>
_'a~_'_ _ _"~'"'~_"~_"M"""~_'~='
Guidelines and Training Procedures
To Be Used By State and Local Law Enforcement Agencies
And State Attorneys in Implementing
The Florida Contraband Forfeiture Act
-~ ~~'- .~,~.
I. Policy Statement
The Florida Contraband Forfeiture Act, Sections 932.701 through 932.707, Florida Statutes, (Act)
authorizes law enforcement agencies to seize and forfeit real and personal property, including currency,
vehicl~s, aircraft, and other contraband articles that are used in violation of the Act
The Act also allows seizure and forfeiture of any controlled substance as defined in Chapter 893, Florida
Statutes; or any substance, device, paraphernalia, or currency or other means of exchange that was used,
was attempted to be used, orwas intended to be used in violation of any provision of Chapter 893, Florida
Statutes if a nexus can be clearly demonstrated between the article(s) seized and the narcotics activity,
whether or not the use of the contraband article(s) can be traced to a specific narcotics transaction.
It is the policy of the State"'of Florida that law enforcement agencies shall utilize the provisions of the Act to
deter and prevent the continued use of contraband articles for criminal purposes while protecting the
proprietary interests of innocent owners and lienholders and to authorize such law enforcement agencies
to use the proceeds collected under the Act as supplemental funding for authorized purposes. The
potential for obtaining revenues from forfeitures must not override fundamental considerations such as
public safety, the safety of law enforcement officers, or the investigation and prosecution of criminal
activity .
It is also the policy of this state that law enforcement agencies ensure that, in all seizures made under the
Act, their officers adhere to federal and state constitutional limitations regarding an individual's right to be
free from unreasonable searches and seizures, including, but not limited to, the illegal use of stops based
on a pretext, coercive consent searches, or a search based solely upon an individual's race or ethnicity.
The Act provides procedural safeguards for those claiming or having an interest in the seized property,
including bona fide lienholders,lessors, and innocent co-owners. The Act complements the other options
available to Florida law enforcement agencies in addressing criminal activity, is a valuable tool of law
enforcement to be used by Florida law enforcement agencies to assist their law enforcement mission, and
is to be preserved and wisely used as a valuable weapon in Florida's law enforcement arsenal.
II. Purpose
The purpose of these Uniform Standards is to provide statewide guidelines for law enforcement policies
and procedures used in seizing, maintaining, and forfeiting property under the Act and to provide training
procedures to be used by~state and local' law enforcement agencies and state attorneys in implementing
the Act Compliance with these Standards will enhance the goal of establishing more uniform forfeiture
practices throughout the state. These Uniform Standards are to be interpreted in a manner to assure that
to the greatest extent possible there is uniformity of policy and procedure throughout the state. It is not the
intent or purpose of these Standards to create new rights of parties or new defenses to forfeiture actions,
All rights and actions are defined by the substantive provisions of the Act itself or other applicable law. '
III. Principles
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 37 of 39 Pages'
The following principles should be incorporated within the policies and procedures of any state or local law
enforcement agency involved in the seizure and forfeiture of property under the Act-
A. LAW ENFORCEMENT IS THE PRINCIPAL OBJECTIVE OF ASSET FORFEITURE. The
potential for obtaining revenues from forfeitures must not override fundamental considerations such as
public safety, the safety of law enforcement officers, the investigation and prosecution of criminal activity,
and respect for the rights of individuals as provided by law.
B. The employment, salary, promotion or other compensation of a law enforcement officer or
attorney should not depend on obtaining a quota of seizures.
C. Agencies should ensure, through the use of written policy and procedures and training,
compliance with all applicable legal requirements regarding seizing, maintaining, and forfeiting property
under the Act.
..>':>
D. When property other than currency is seized for forfeiture, the probable cause supporting the
seizure should be promptly reviewed by a supervisor who is not directly involved in making the seizure.
The determination of whether to seize currency must be made by supervisory personnel. The agency's
legal counsel must be notified as soon as possible of all seizures.
E. The determination of whether an agency will file a civil forfeiture action should be made by the
agency head or other command level designee who is not directly involved in making the seizure.
F. Every seizing agency should have policies and procedures promoting, when there is no other
legitimate basis for holding seized property, the prompt release of such property as may be required by
the Act or by agency determination. To help assure that property is not wrongfully held after seizure, every
agency shall have policies and procedures ensuring that all asserted claims of interest in seized property
are promptly reviewed for potential validity.
G. A seizing agency may not use the seized property for any purpose until the rights to, interest in,
and title to the seized property are perfected in accordance with the Act. This does not prohibit the use or
, operation necessary for reasonable maintenance of seized property. Reasonable efforts shall be made to
maintain seized property in such a manner as to minimize loss of value.
H. Settlement of any forfeiture action shall be consistent with the mandates of the Act and in
compliance with agency policy or directive.
I. All forfeited property retained for law enforcement use should be maintained and utilized in
accordance with the Act, and should be subject to the same controls with regard to property acquired
through the agency's normal appropriations process.
J. Any agency receiving forfeiture proceeds should maintain such moneys in a special fund as
provided by law, which is subject to normal accounting controls and financial audits of all deposits and
expenditures. If the seizing agency is a county or municipal agency, the proceeds and interest thereon
may not be used to meet normal operating expenses of the law enforcement agency. Seizing agencies
must file reports as required by the Act.
K. Each state or local law enforcement agency that seizes property for the purposes of forfeiture
shall periodically review the agency's seizures of property, as well as settlements and forfeiture
proceedings initiated by the agency to determine whether such seizures, settlements and forfeitures
comply with the Act and these Standards. Such review should occur at least annually. If the review
suggests deficiencies, the agency shall promptly move to ensure the agency's compliance with the Act
and these Standards. '
L. Agencies should avoid the appearance of impropriety in the acquisition, sale, retention, or transfer
of any forfeited property or proceeds derived from such property.
.~
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 38 of 39 Pages
,~
M. Agency personnel involved in the seizure of property for forfeiture shall receive periodic training as
noted in Section IV, below.
IV. Training Procedures
Each state or local law enforcement agency shall ensure that its officers involved in seizing property for
forfeiture under the Act receive basic training and continuing education as required by the Act. Each
agency shall maintain records demonstrating an officer's compliance with these training requirements. A
portion of such training must address legal aspects of forfeiture, including search and seizure, or other
constitutional considerations.
(End of Mandatory Forfeiture Guidelines).
End Of April, 2007 Mutual Aid Agreement and Attachments
.~
,"
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (April 2007)
Page 39 of 39 Pages