2004-056
RESOLUTION NO. 2004-56
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL
AID AGREEMENT ATTACHED HERETO; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
The City Manager is authorized to execute and otherwise enter into
that certain South Florida Money Laundering Strike Force Voluntary Cooperation
Mutual Aid Agreement attached hereto.
Section 2.
The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3.
This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Grossman, who moved
its adoption. The motion was seconded by Commissioner Diamond, and upon being put
to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2004-56
Page 2
PASSED AND ADOPTED this 9th day of November, 2004.
~&AYOR
APPROVED AS TO LEGAL SUFFICIENCY:
f~
CITY ATTORNEY
EMS/tms
, ","nVI~r,.......
SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
(August 2004)
WHEREAS, the below subscribed law enforcement agencies have joined together in a multi-
jurisdictional strike force intended to combat illegal money laundering, drug trafficking and other
drug law violations, 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 task 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 City of Davie Police Department,
--The City of Haiiandaie Beach Poi ice
Department,
--The City of Miramar Poiice 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,
And
--The Office of the State Attorney of the Eleventh
Judicial Circuit of Florida
-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 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 Hoiiywood Police Department,
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 Chair of the Strike Force, who shall immediately
forward same to Florida Department of Law Enforcement and notify other participating parties
of the cancellation.
NATURE 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 and
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;
NOTIFICA TlON REQUIREMENTS
1. The principal sites of Strike Force activity are Miami-Dade County, Broward 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
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, Broward 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 of a 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 Task Force
Steering Committee. The Chair shall bring the matter to the attention of the Task 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 Task Force efforts or suspension or dismissal from the Task Force.
5. The Steering Committee consists of command levei 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
organized money laundering organizations operating within Florida. The Strike Force
Steering Committee will meet monthly or as otherwise required to maintain an ongoing and
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 3 of 39 Pages
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 monthly
reviews to the Steering Committee and the Office of the Executive Director of FDLE
reporting Strike Force investigative, intelligence 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 Task Force in meeting its primary goal of dismantling organized
money laundering organizations within Florida, and shall issue directives and cause such
changes as may be necessary to assure the Task Force efforts remain productive and
focused on the Task 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 receive performance reports and to review whether
resource contributions of participating agencies and funding are adequate to assure the
Strike Force efforts are effective. The Steering Committee will also review and approve the
Strike Force's annual operational budget and administrative expenses.
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 Task 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
empioying 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 Task Force participating agencies as addres~ed in Paragraph 4
herein.
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
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 4 of 39 Pages
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 done 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 in Task 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. Wrîtten
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
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 5 of 39 Pages
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 A DMINIS TRA 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 Task Force has no independent spending
authority and is not empowered 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 Task Force. A participating Task
Force agency shall function as the administrative agent for Task 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 Task 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 Task Force is not a permanent operation and could be
terminated at any time. Accordingly, the Task 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 Task 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
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,
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 6 of 39 Pages
desks, office supplies and equipment in support of Strike Force operations, and the
payment of the salaries of a limited number of Strike Force administrative and operational
support personnel. Use of Task Force resources to provide "peres" or benefits beyond that
which personnel assigned to the Task Force would not otherwise be entitled or provided by
the employing agency of the personnel is expressly prohibited. Use of task 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 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 Task 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 wiil be reduced as approved by the Steering Committee in
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.
South Flonda Money Laundenng Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 7 of 39 Pages
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 Task Force, each participating agency warrants it is
operating in compliance 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 Task 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
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
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 8 of 39 Pages
state court in Miami-Dade County; that the Hollywood Police Department Legal Advisor shall
handle forfeiture actions in state court in Broward 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 Broward 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 promptiy 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. In order to demonstrate compliance with the letter and spirit of Florida Statutes and Florida
Contraband Forfeiture Act, the Strike Force agencies will report semiannually to the Florida
Department of Law Enforcement as required by Section 932.7055(8), F.S. Recognizing the
Strike Force is not a law enforcement agency, but is engaged in significant forfeiture activity
by and through the authority of this Agreement, the Strike Force Director shall forward on
behalf of the Task Force a report addressing the requirements of Section 932.7055(8) to
FDLE in the same manner as though the Strike Force were a law enforcement agency.
5. Pursuant to Section 932.704(7), F.S., when a claimant and the Task Force agree to settle
the forfeiture action prior to the conclusion of the forfeiture proceeding, the settlement
agreement shall be reviewed, uniess 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 case fiie giving rise to the forfeiture and settlement.
GUIDELINES FOR MONEY PICKUPS, TRANSFERS AND SECURITY;
AUDITS AND REVIEWS:
1. The Parties to this Agreement recognize that substantiai 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
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 9 of 39 Pages
932.704(11)(b), Florida Statutes, the determination of whether to seize currency must be
made by Task Force supervisory personnel. Such determination must be documented in a
manner to indicate the supervisory personnel providing such authorization. The attorney
assigned to handle Task Force forfeitures must be notified as soon as possible. In the
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
reasonable 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
on an annual basis. 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 Task 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 promptiy 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 iodged as a result of Strike Force efforts, a designee of the
Florida Department of Law Enforcement shall ascertain at a minimum:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 10 of 39 Pages
The identity(ies) of the complainant(s) and an address where the complainant(s) may be
contacted, the nature of the complaint any supporting evidence or facts as may be
available, including the names and addresses of witnesses to that which has been
complained about, the identity(ies) of the 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 empioying
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, email 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.
(The current Chief Inspector of FDLE's Executive Investigations is Rick Lober,
ricklober@fdle.state.f1.us 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 task 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 movement 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
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 11 of 39 Pages
practicable, but in no case longer than 48 hours after the interstate movement of funds has
begun.
(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 Task 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. Task 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 "Threat Net" 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 FORCE 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 Task
Force operation. With regard to the rental or lease of vehicles for use by the Task 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.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 12 of 39 Pages
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
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 authorized
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 assigned 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 TlON 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.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 13 of 39 Pages
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
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.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 14 of 39 Pages
PRIMARY STRIKE FORCE EFFORTS;
SEM~NNUALPROGRESSASSESSMEN~
1. The Strike Force has as its prime mission these primary areas of activity:
v' 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;
v' 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 TASK FORCE AGENCIES WITH FLORIDA VIOLENT CRIME
AND DRUG CONTROL COUNCIL FUNDED INVESTIGA TlVE 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 Task Force agency, the Agency
shall relate the leads to the Task Force Steering Committee, and the Steering Committee shall
determine whether the money laundering aspect of the Council-funded investigation warrants
inclusion as a Task 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.
TERM AND EFFECT OF AGREEMENT; OBLIGA TlON TO TlMEL Y RA TlFY;
MEANS OF CANCELLA TlON; AUTOMA TIC EXTENSION; INTERIM
CLARIFICA TIONS OR MODIFICA TlONS:
1.
This Agreement is the successor agreement to the original Agreement first establishing
the predecessor task force, known as the Multi-Agency Money Laundering and Anti-
Drug Trafficking Task 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
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 15 of 39 Pages
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 September
30, 2006 unless earlier canceled in writing by the Florida Department of Law
Enforcement as to all or separate Parties, or as canceled in writing by an individual
Party as provided herein. However, if the Strike Force continues operations beyond
September 30, 2006, the Agreement shall be automatically extended on a month-by-
month basis, until such time as each participating Party has ratified a revised or
subsequent written Agreement.
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 Task 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:
Michael Ramage, FDLE General Counsel
P.O. Box 1489, Tallahassee, Florida 32302-1489.
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 (August 2004)
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 August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
For the Florida Department of Law Enforcement:
Guy M. Tunnell, Commissioner
Florida Department of Law Enforcement
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 17 ot 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
For the Department of Highway Safety and Motor Vehicles, Division of
Florida Highway Patrol:
Christopher A. Knight, Director
Florida Highway Patrol
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 18 of 39 Pages
Party's Acceptance of the August 2004 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 Coral Gables Police Department.
Signature
Print or Type Name
Title:
0 Mayor
0 Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Flonda Money Laundering Stoke Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 19 of 39 Pages
Party's Acceptance of the August 2004 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 Police Department.
Signature
Print or Type Name
Title:
0 Mayor
0 Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 20 of 39 Pages
Party's Acceptance of the August 2004 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.
Signature
Print or Type Name
Title:
0 Mayor
0 Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 21 of 39 Pages
Party's Acceptance of the August 2004 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 North Miami Police Department.
Signature
Print or Type Name
Title:
D Mayor
D Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 22 of 39 Pages
Party's Acceptance of the August 2004 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 North Miami Beach Police Department.
Signature
Print or Type Name
Title:
D Mayor
D Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 23 of 39 Pages
Party's Acceptance of the August 2004 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 Aventura Police Department.
Signature
Title:
0 Mayor
rthief Executive Officer, to wit:
Date:
1"111 I 0<1
{!. J.¡ !tfr¡ H fL ye -
~J!..
Chief of Police
Date:
\a~
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 24 of 39 Pages
Party's Acceptance of the August 2004 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 Hollywood Police Department.
Signature
Print or Type Name
Title:
0 Mayor
0 Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 25 of 39 Pages
Party's Acceptance of the August 2004 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 Fort Lauderdale Police Department.
Signature
Print or Type Name
Title:
0 Mayor
0 Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 26 of 39 Pages
Party's Acceptance of the August 2004 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 Davie Police Department.
Signature
Print or Type Name
Title:
0 Mayor
0 Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voiuntary Cooperation Mutual Aid Agreement (August 2004)
Page 27 of 39 Pages
Party's Acceptance of the August 2004 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 Hallandale Beach Police Department.
Signature
Print or Type Name
Title:
0 Mayor
0 Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 28 of 39 Pages
Party's Acceptance of the August 2004 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 Miramar Police Department.
Signature
Print or Type Name
Title:
0 Mayor
0 Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 29 of 39 Pages
Party's Acceptance of the August 2004 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 Pembroke Pines Police Department.
Signature
Print or Type Name
Title:
0 Mayor
0 Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 30 of 39 Pages
Party's Acceptance of the August 2004 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
Monroe County Sheriffs Office.
Signature
Print or Type Name
Title:
0 Sheriff
0 Chief Executive Officer, to wit:
Date:
Sheriff (if above signed by Chief Executive Officer of County)
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 31 of 39 Pages
Party's Acceptance of the August 2004 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 aiong 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
Broward County Sheriffs Office.
Signature
Print or Type Name
Title:
0 Sheriff
0 Chief Executive Officer, to wit:
Date:
Sheriff (if above signed by Chief Executive Officer of County)
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 32 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
For the Office of the State Attorney of the Eleventh Judicial Circuit of
Florida (In and For Miami-Dade County, Florida):
Signature
Katherine Fernandez-Rundle
State Attorney
Date:
-------------------------------------------End of Signature Pages, Attachments Folfow------------------------------------
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 33 of 39 Pages
ATTACHMENT A:
Strike Force Forfeitures and Seizures Directive (Rev. 6/99)
A. FORFEITURE - means action to perfect agency interest in and title to anything that is
taken into custody by Strike Force investigators that may be forfeited under the Florida
Contraband Forfeiture Act or under federal law. In general, all seizures of property for Asset
Forfeitures will be conducted under Coral Gables Police Department procedures.
1.
All non-realty property that is seized for forfeiture will be:
a.
Placed into the Coral Gables Police Department Property Unit or, in the case of
vehicles, recorded on Coral Gables Police Department Vehicle Storage Reports
after inventory search, and placed in secure storage.
b.
All property will be listed in the forfeiture and confiscation report and copies sent
within one workday to the attorney(s) handling the forfeiture action. Unless
otherwise designated, the Miami-Dade State Attorney's Office will handle Strike
Force forfeitures arising within Miami-Dade County, while the Florida Department
of Law Enforcement will handle Strike Force forfeitures arising in counties other
than Miami-Dade.
B.
SEIZURES OF CONTRABAND - means taking into custody anything illegal to possess.
(See Currency Handling Procedures)
1.
All seizures will be placed in the Coral Gables police Department Property Unit.
2.
All property that is taken into custody will be:
a.
Fully documented on Coral Gables Police Department Property Receipt.
b.
All seizures will be listed in the Forfeiture/Confiscations Report and copies sent
within one workday to the Coral Gables Police Department Confiscation Unit and
to the appropriate attorney(s) handling the forfeiture as noted above.
3.
In all instances where controlled substances are seized that are in the amount which
warrants trafficking charges (1 ounce of cocaine/100 pounds of marijuana) or instances
where monies are seized in excess of $1,000, the Strike Force will assign at least two
investigators to the custody of the contraband or monies. The investigators will maintain
custody until the controlled substance or monies is placed into the Coral Gables Police
Department Property Unit.
4.
Whenever possible, and as authorized by the prosecuting attorney and the attorney
handling the forfeiture, cash seized for forfeiture will be deposited into an interest
bearing account pending resolution of the forfeiture. Appropriate steps to document the
condition of the cash prior to deposit into the account must be taken as may be required
by the prosecutor or forfeiture attorney.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 34 of 39 Pages
A.
B.
C.
ATTACHMENT B
Strike Force Evidence Directive
Each investigator is responsible for the evidence which he or she has occasion to
purchase or seize. All controlled substances are to be treated in a carefui manner.
All evidence will be turned in to the Coral Gables Police Department Property/Evidence
Unit as soon as possible after its seizure.
Evidence will not be stored in any facility other than the Coral Gables Police Department
Property Unit (i.e. desk, lockers, etc.). All seized controlled substances will be checked
into the Coral Gables Police Department Property Unit prior to the end of the
investigator's tour of duty.
D.
Tests of controlled substances to establish probable cause will be done at the scene by
the impounding investigator and the results documented in the investigator's Strike
Force operational report(s).
E.
Confirmation chemical analysis of controlled substances will be performed by the Metro-
Dade Crime Lab.
F.
Two investigators are required when handling trafficking amounts of controlled
substances or amounts of currency amounting in excess of $1,000.
G.
When an arrest for a controlled substance is made, the arresting investigator will be
responsible for maintaining the integrity of the evidence.
H.
Any member of the Strike Force having reason to believe that evidence, cash, property
or contraband is not, or has not, been handled properly by any Strike Force
member or other person coming into contact with the item(s) shall immediately report
any such belief to a Strike Force supervisor. The supervisor shall immediately conduct
or cause to be conducted all necessary inquiry and steps to assure the integrity of the
Strike Force operation.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 35 of 39 Pages
ATTACHMENT C
Florida's Mandatory Statewide Forfeiture Guidelines
v
Guidelines and Training Procedures
To Be Used By State and Local Law Enforcement Agencies
And State Attorneys in Implementing
The Florida Contraband Forfeiture Act
V
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, vehicles, aircraft, and other contraband articles that are used in violation of
the Act.
The Act also altows seizure and forfeiture of any controlted 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, or was 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 shalt 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 coltected 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 alt 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.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 36 of 39 Pages
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
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 fÌom 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
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 37 of 39 Pages
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 nonnal appropriations process.
1. Any agency receiving forfeiture proceeds should maintain such moneys in a special fund
as provided by law, which is subject to nonnal 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 nonnal 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 detennine 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.
M. Agency personnel involved in the seizure of property for forfeiture shall receive periodic
training as noted in Section N, 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 Guidelines).
-----..---
End Of Mutual Aid Agreement and Attachments
(Page 38 of 38 pages, including signature pages and attachments as of August 2004)
_n ------------- -- - ---------
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 38 of 39 Pages