02-21
RESOLUTION NO. 02-21
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF THE
"TAMPA BAY REGIONAL DOMESTIC SECURITY TASK FORCE
COMBINED VOLUNTARY COOPERATION AND OPERATIONAL
ASSISTANCE MUTUAL AID AGREEMENT AND MEMORANDUM OF
UNDERSTANDING"; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater pursuant to Section 23.1225(1), Florida Statutes, is
desirous of entering into an agreement that allows voluntary cooperation and assistance of a
routine law enforcement nature across jurisdictional lines and operational assistance by and
among participating law enforcement agencies within the State of Florida; and
WHEREAS, the City of Clearwater has deemed it to be in the best interest of its citizens
to enter into the "Tampa Bay Regional Domestic Security Task Force Combined Voluntary
Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of
Understanding"; and
WHEREAS, Section 23.1225(3)(b), Florida Statutes, states that the mayor or chief
executive officer of a municipality may enter into a Mutual Aid Agreement on behalf of a law
enforcement agency if authorized by the governing body of the municipality; now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby authorizes the Mayor, on behalf of the
Clearwater Police Department, to execute the "Tampa Bay Regional Domestic Security Task
Force Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and
Memorandum of Understanding," a copy of which is attached hereto, between the City of
Clearwater and the other participating law enforcement agencies within the State of Florida.
Section 2.
This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 4thdayof
April ,2002.
B.~~
nan . U s
Mayor-Co missioner
-----
Approved as to form:
.[Ji~iJlANt/;
Robert . urette
Assistant City Attorney
Attest:
. [. )L rG ".
If-4'.t-p D I
TAMPA BAY
REGIONAL DOMESTIC SECURITY TASK FORCE
COMBINED
VOLUNTARY COOPERATION AND OPERA TIONAL ASSISTANCE
MUTUAL AID AGREEMENT
AND
MEMORANDUM OF UNDERSTANDING
This Combined V oluntary Cooperation and Operational Assistance Mutual Aid
Agreement and Memorandum of Understanding is entered into by and between the below
subscribed law enforcement agencies, in furtherance of their respective duties under law.
Parties to this Agreement
The Florida Department of Law Enforcement
HiIIsborough County Sheriff's Office
Pinellas County Sheriff's Office
Polk County Sheriff's Office
Manatee County Sheriff's Office
Tampa Police Department
Saint Petersburg Police Department
Clearwater Police Department
1. A designated command or supervisory-level representative of each Party listed above
shall serve on the Tampa Bay Regional Domestic Security Task Force Steering
Committee. The Steering Committee shall have plenary supervisory authority over
RDSTF planning and direction. Sheriff Cal Henderson will initially serve as chair of
the Steering Committee, with FDLE Regional Director James D. Sewell serving as
co-chair. Additional parties may, at the request ofFDLE and with the approval of the
Steering Committee, enter into this Agreement at a later date as evidenced by their
signing of this Agreement. Any party may cancel its participation in this Agreement
upon delivery of written notice of cancellation to the Florida Department of Law
Enforcement, P.O. Box 1489, Tallahassee, FL 32302.
Intent Statement, Task Force Goals and Provisions for Voluntary
Cooperation to Be Rendered
1. The undersigned agencies have joined together to form a task force (hereinafter
referred to as The Tampa Bay Regional Domestic Security Task Force or "RDSTF"),
with its principal operations within the FDLE Tampa Bay operational region.
2. For purposes of this agreement, the terms "terrorism" and "terrorist" shall have the
plain meaning as derived from common usage. However, should one or both terms
become specifically defined in Florida Statutes, such definition or definitions shall
apply thereafter.
3. The duties of the RDSTF are to be performed in conjunction with FDLE and include,
but are not limited to:
a. collecting and disseminating terrorist-related intelligence and investigative
information;
b. participating in emergency responses to terrorist incidents;
c. - conducting criminal investigations of, or related to, planned, suspected,
attempted or actual terrorist incidents or attacks or solicitation to commit such
acts;
d. identifying and seizing terrorist-related assets that are subject to forfeiture;
e. coordinating with, and supporting, federal law enforcement anti-terrorism efforts,
to ensure a seamless effort in preventing, predicting and responding to terrorist
attacks;
f. improving Florida's ability to detect and prevent potential terrorist threats;
g. facilitating and promoting ongoing security audits and vulnerability assessments
to protect critical infrastructures;
h. assisting FDLE in the coordination oflaw enforcement disaster response teams
deployment in response to terrorist incidents;
1. coordinating the delivery of training for public safety first-responders and disaster
response teams within the RDSTF region; and supporting the purchase of proper
equipment for public safety first-responders and disaster response teams within
the RDSTF region;
J. improving Florida's response and recovery capabilities in dealing with potential or
real terrorist incidents or attacks;
k. promoting better public awareness of how suspicious information or incidents
may be reported and how to respond should an emergency related to a terrorist
threat develop; and
1. promoting and assuring within the RDSTF region the responsible submission of
information to, and use of, the Florida Domestic Security and Counter-Terrorism
Intelligence Center and the Florida Domestic Security and Counter-Terrorism
Database established within the Florida Department of Law Enforcement.
3. The undersigned agencies, as the RDSTF, agree to utilize applicable state and federal
laws to investigate and successfully prosecute criminal cases, and to pursue
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appropriate civil actions against those involved in criminal acts that are, or are related
to, terrorism in or otherwise affecting Florida.
4. The subscribing law enforcement agencies are so located in relation to each other that
it is to the advantage of each to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to:
a. Continuing, multi-jurisdictional criminal activity, so as to protect the
public peace and safety, and preserve the lives and property of the
citizens; and,
b. intensive situations, including, but not limited to, manmade disasters or
emergencies as defined under section 252.34, Florida Statutes;
5. The undersigned agencies have the authority under Part 1, Chapter 23, Florida
Statutes, "the Florida Mutual Aid Act," to enter into a combined mutual aid
agreement for law enforcement service which permits voluntary cooperation and
assistance of a routine law enforcement nature across jurisdictional lines and provides
for rendering of assistance in a law enforcement emergency. It is the intent of this
agreement to assure the continued functioning of law enforcement in times of
emergencies and in areas where major law enforcement efforts would otherwise
be thwarted by jurisdictional barriers.
6. To provide for voluntary cooperation, each of the aforesaid law enforcement
agencies hereby approve and enter into this agreement whereby each of the agencies
may request and render law enforcement assistance to the other in dealing with any
violations of Florida statutes prohibiting activity that could be considered acts of
terrorism or otherwise related to terrorism, to include, but not limited to, investigating
violations of Sections 790.161 and 790.1615 -790.165 relating to bombs, destructive
devices and hoax bombs; Section 790.166 "Manufacture, Possession, Sale, Delivery,
Display, Use, or Attempted or Threatened Use of a Weapon of Mass Destruction or
Hoax Weapon of Mass Destruction"; Section 860.16, "Aircraft Piracy"; Sections
876.22-876.31 "Subversive Activities Law"; Sections 876.37-876.51 "Florida
Sabotage Prevention Law"; homicides; kidnapping; RICO; money laundering;
attempt; conspiracy; solicitation and accessory after the fact.
7. To provide for operational assistance, each of the aforesaid law enforcement
agencies hereby approve and enter into this agreement whereby each of the agencies
may request and render law enforcement assistance to the other to include, but not
necessarily be limited to, terrorist attacks, conspiracies or solicitations related to
terrorism, terrorism-related law enforcement emergencies, aircraft disasters, fires, and
incidents requiring utilization of specialized units such as bomb disposal units or
special weapons and tactics units.
8. The RDSTF will promote the responsible sharing of anti-terrorism intelligence and
investigative information gathered in Florida with federal terrorism task forces as
well as state and local law enforcement.
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9. The RDSTF will encourage cooperation with Public Health components in combined
criminal and epidemiological investigations.
10. The RDSTF will be responsible to a statewide, multi-agency oversight board,
consisting ofrepresentatives from FDLE, Florida Sheriffs, and Florida Police Chiefs.
11. Nothing herein shall otherwise limit the ability of participating RDSTF members to
provide, as provided by or allowed by law, such assistance in any enforcement action
as may be lawfully requested by a law enforcement officer having jurisdiction over an
incident, crime or matter under consideration, or as may be authorized by any other
lawful agreement involving a participating agency.
12. The Parties to this Agreement are contributing personnel and resources in support of
the RDSTF efforts, with the operations of the RDSTF being coordinated with FDLE
and other RDSTF members.
Procedure for Requesting and Authorizing Assistance
Officers assigned to RDSTF operations pursuant to this agreement shall be empowered to
render enforcement assistance and take enforcement action in accordance with the law
and the tenns of this Agreement. Execution of this agreement and continued
participation by FDLE and one or more RDSTF member agencies shall constitute a
general reciprocal, continuing request for and granting of assistance between the
members of the task force which shall be considered authorized in accordance with the
provisions of this Agreement. No additional or specific formal request for assistance is
required.
Jurisdiction, Command and Supervisory Responsibility
1. The principal site of RDSTF activity shall be the FDLE Regional Operations Center,
located at 4211 North Lois Avenue, Tampa, Florida. When engaged in RDSTF
operations that have been approved by the Florida Department of Law Enforcement,
as contemplated by this Agreement, RDSTF members that do not otherwise have
jurisdictional authority shall enjoy full jurisdictional authority anywhere in the State
of Florida, although principally focused within the region, with full power to enforce
Florida laws and avail themselves of the provisions of this Agreement.
2. RDSTF members operating outside the jurisdiction of their agency shall not enjoy
extra-jurisdictional authority as law enforcement officers unless engaged in approved
RDSTF activities as stated herein. The Parties to this Agreement recognize that
any extension of jurisdictional authority beyond the bounds of their employing
agency is by reason of this Agreement and the overall supervision and authority
of the Florida Department of Law Enforcement as provided by the "Florida
Mutual Aid Act."
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3. Pursuant to Section 23.127(1), Florida Statutes, designated employees of the
undersigned Agencies participating in the RDSTF shall, when engaging in authorized
mutual cooperation and assistance pursuant to this Agreement, have the same powers,
duties, rights, privileges and immunities as if the employees were performing duties
inside the jurisdiction in which the employee is normally employed and empowered.
4. Activities shall be considered authorized only when approved and directed as
provided herein by an FDLE RDSTF supervisor or command designee. No
extension of jurisdiction or authority is granted by this Agreement for law
enforcement activities unless they are approved as provided herein and are
related to RDSTF operations or have been encountered directly incident to an
approved and supervised RDSTF operation. The absence of such personnel
from any RDSTF operation done under the authority of this Agreement will not,
however, negate the powers and authority of those participating in said
approved operation as provided by this Agreement.
5. If at any time an FDLE supervisor, FDLE special agent designated as a supervisor or
command designee determines that an extra-territorial RDSTF operation should be
terminated, said operation is to be promptly terminated in a manner assuring the
safety of all involved law enforcement officers.
6. The FDLE RDSTF supervisor(s) shall maintain documentation that will demonstrate
the daily involvement of authorized personnel from participating agencies as provided
by the Parties to this Agreement as such members are involved in each RDSTF
operation, including each operation's supervisor or designated leader. No member of
the RDSTF shall engage in RDSTF related activities that are not approved, are
unreported or otherwise unknown to the FDLE RDSTF supervisor and which are not
documented as provided herein.
7. If a conflict arises between an order or direction provided by the RDSTF supervisor
and a member's employing agency's rules, standards, or policies, the conflict shall be
promptly reported to the RDSTF supervisor, and to the superior in that member's
agency chain of command. The RDSTF supervisor, in conjunction with the
member's agency superior, shall attempt to resolve the conflict in a manner that will
allow the RDSTF operation to continue appropriately. At no time will a participating
member be forced to violate hislher own agency's policies or rules in order to effect a
RDSTF initiative.
8. The Steering Committee may, with the approval ofFDLE, adopt written attachments
to this Agreement to establish particular guidelines, policies, or procedures to be
utilized by members of the RDSTF when engaged in RDSTF operations. In the
absence of written memorandum of understanding or attachments that modify or
supplant FDLE policies and procedures, the policies and procedures to be utilized by
RDSTF members shall be applicable FDLE policies and procedures, and shall be
clearly identified to all participating RDSTF officers or agents by the Managing
FDLE Supervisor in consultation with the Steering Committee. However, as stated
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above, nQ RDSTF member will be expected or required to violate or otherwise fail to
maintain the member's employing agency's standards of conduct, rules or policies.
9. After consultation with the RDSTF committee members, FDLE may request that a
particular sworn member or support person of the RDSTF no longer be allowed to
participate in the RDSTF. Upon receiving the request, the employing agency shall
promptly terminate said member's participation in the RDSTF. Upon the request of a
participating agency that a sworn or support member of FDLE no longer participate
in the RDSTF, FDLE shall, if otherwise in FDLE's best interest to do so, terminate
said member's participation in the RDSTF. With the approval of FDLE, a Party to
this Agreement may otherwise add, substitute, reinstate, or replace any of its sworn or
support employees participating in the RDSTF.
10. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed
by an employee as a member of the employee's agency.
11. The RDSTF Steering Committee will meet as required. The designated FDLE
supervisor assigned to the RDSTF will provide monthly reviews to. the Steering
Committee reporting RDSTF investigative and intelligence activity, coordination of
training and law enforcement disaster response teams, monitoring of suspected
terrorist groups or individuals, and coordination efforts with federal task forces. The
Steering Committee shall periodically, at a minimum quarterly, review the objectives
and accomplishments of the RDSTF and isSbe directives and recommendations
accordingly.
12. Each participating agency shall contribute personnel and resources to the RDSTF in
such numbers as are agreed to by the participating agency and the RDSTF Steering
Committee. Participating agencies shall assign personnel to the RDSTF based upon
their investigative experience and the operational needs of the RDSTF. Final
acceptance of personnel assigned to the RDSTF shall rest with the RDSTF Steering
Committee. The Steering Committee may require proposed and actually assigned
personnel to meet minimum background or other qualifications as necessary.
13. The FDLE Supervisor shall be responsible for the operational command and day-to-
day administration of all RDSTF operations and personnel, and shall have the
authority to make routine assignments and determine case priority, as needed,
pending periodic review and concurrence of the Steering Committee. The Steering
Committee may designate a command structure of intermediate supervisors that
report to the FDLE Supervisor.
14. During the absence of the designated FDLE Supervisor, or as deemed necessary by
the designated FDLE Supervisor, any member assigned to the RDSTF may be
selected as a Team Leader to manage operational RDSTF matters.
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Powers, Privileges, Immunities, Costs and Liability-Related Issues
PDI
1. Employees of the participating agencies, when actually engaging in mutual
cooperation and assistance outside of their jurisdictional limits but inside this state,
under the terms of this agreement, shall, pursuant to the provisions of section
23.127( 1), Florida Statutes, have the same powers, duties, rights, privileges and
immunities as if the employee was performing duties inside the employee's political
subdivision in which normally employed.
2. An agency that furnishes equipment pursuant to this agreement, including but not
limited to agency-owned or leased vehicles and rental vehicles, must bear the cost of
loss or damage to that equipment and must pay any expense incurred in the operation
and maintenance of that equipment.
3. Each member agency engaging in the RDSTF initiatives pursuant to this Agreement
agrees to assume its own liability and responsibility for the acts, omission, or conduct
of such Party's own employee while such employees are engaged in RDSTF
activities/initiatives, and shall remain responsible for the compensation, retirement,
workers compensation and other benefits accruing to the benefit of said participating
employees, as further discussed below.
4. Each Party to this Agreement agrees to furnish necessary personnel, property, police
equipment, vehicles, and resources in order to effect the purposes of the RDSTF, and
agrees to bear the cost of loss or damage to its equipment, vehicles or property so
provided. Provided however, that FDLE will provide funds as available for payments
to confidential sources and other related expenses. FDLE will provide needed office
space. 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.
5. Each agency furnishing services pursuant to this Agreement shall compensate its
employees during the time such services are rendered, including employee overtime,
and shall defray the actual expenses of its employees while they are rendering such
services, including any amounts paid or due for compensation due to personal injury
or death while such employees are engaged in rendering such services.
6. 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.
7. The provisions of this section shall apply with equal effect to paid, volunteer, and
auxiliary employees.
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8. Nothing herein shall prevent any participating agency from requesting supplemental
appropriations from the agency's governing authority having budgeting jurisdiction to
reimburse an assisting agency for any actual costs or expenses incurred by the
assisting agency performing hereunder.
9. Nothing in this agreement is intended or is to be construed as any transfer or
contracting away of the powers or functions of one party hereto to the other.
10. All parties to this agreement acknowledge that the RDSTF has no independent
spending authority and has no independent authority to require the expenditure of
funds of any participating agency. The RDSTF may recommend funding of specific
efforts and request that funding from various sources be dedicated to RDSTF efforts or
RDSTF-endorsed programs or efforts, but it cannot unilaterally contract, pledge or
otherwise encumber funds of any entity, including any funds or proceeds that may be
received by reason of forfeiture actions pursued by the RDSTF agencies by reason of
an RDSTF investigation.
- Evidence and Records
1. The Parties agree that all RDSTF reports and records shall be maintained by FDLE,
and shall be identified as RDSTF reports.
2. All evidence, including currency, seized pursuant to this Agreement shall be taken
into custody and processed in substantial compliance with FDLE policy relating to
the handling of evidence/currency. All evidence seized in RDSTF operations shall be
maintained by FDLE unless otherwise agreed.
3. The Florida Department of Law Enforcement may at any time order a review and
audit by FDLE's Inspector General's Office of RDSTF operations with regard to the
seizure and handling of all evidence, property, or cash or any other aspect of RDSTF
operations. The Parties agree to cooperate in any such audit by allowing full access to
documents, personnel and facilities necessary to perform the audit function.
Complaints Against Task Force Members
1. Whenever a complaint has been lodged as a result of RDSTF efforts, a designee of
the Florida Department of Law Enforcement shall ascertain at a minimum:
a. The identity(ies) of the complainant(s) and an address where the complainant(s)
may be contacted;
b. 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; and
c. The identity(ies) of the RDSTF participant(s) accused and the employing
agency(ies) of the participant(s) accused.
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2. 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, notify FDLE of its
findings and any actions taken.
Obligation to Coordinate With Prosecutor's Office
1. The principal goal of this RDSTF is the protection of Florida's public safety and
security, and the successful prosecution of criminal violators who threaten to, or have
actually endangered safety and security in Florida or elsewhere. Successful
prosecution requires close coordination with prosecuting authorities, both in the state
and federal courts. Members of the RDSTF 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 haridling RDSTF generated cases, and reasonable availability for pretrial
conferences with prosecutors, discovery depositions, pretrial hearings and trials.
2. Civil or administrative actions derived from RDSTF operations are likewise to
receive coordinated support efforts from RDSTF members. RDSTF supervisors shall
monitor the efforts of RDSTF members in support of criminal prosecutions and civil
actions. Such monitoring shall include regular contact with assigned prosecutors or
attorneys pursuing actions on behalf of the RDSTF to assure the expected level of
support from RDSTF members is occurring. Failure by a member of the RDSTF to
support such efforts on a routine and regular basis in the manner set forth herein shall
constitute grounds for removal from the RDSTF.
Term of Agreement
1. This Agreement shall become effective as to the executing Parties upon execution by
the Executive Director of 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.
2. This Agreement shall remain in full force as to all partIcIpating Parties until
December 31, 2003 unless canceled in writing by the Executive Director for the
Florida Department of Law Enforcement, or, with regard to any participating Party as
canceled in writing by the Party as provided herein. This Agreement may be
duplicated for dissemination to all Parties, and such duplicates shall be of the same
force and effect as the original.
3. This agreement may be renewed, amended, or extended only in writing.
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IN WITNESS WHEREOF, the authorized representatives of the Parties hereto
sign on the date specified.
Party's Acceptance of the Regional Domestic Security Task Force Combined
Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and
Memorandum of Understanding
For the Florida Department of Law Enforcement:
lame . Moore, Executive Director
Flori Department of Law Enforcement
Date: / Z -/9 ,..0 (
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Party's Acceptance of the Regional Domestic Security Task Force Combined
Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and
Memorandum of Understanding
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
Clearwater Police Department.
See Attached Signature Page
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
~~/~
Chief of POlice
D.t.,~
TAMPA BAY REGIONAL DOMESTIC SECURITY TASK FORCE COMBINED
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL
AID AGREEMENT
Countersigned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst
Mayor-Commissioner
William B. Horne II
City Manager
Approved as to form:
~.f~AILJh--
Robert J. rette
Assistant ity Attorney
Attest:
Cynthia E. Goudeau
City Clerk