MUTUAL AID AGREEMENT - OPERATION ISLAND RUNNERS - ORGAINEZED HUMAN SMUGGLING AND TRAFFICKING"Operation Island Runners"
(Organized Human Smuggling and Trafficking)
MUTUAL AID AGREEMENT
This Voluntary Cooperation. Mutual Aid Agreement is entered into by and between the
below-subscribed law enforcement agencies, in furtherance of their respective duties
under law.
Original Parties to this Agreement
The Florida Department of Law Enforcement
The Miami-Dade Police Department
The Monroe County Sheriffs Office
The Collier County Sheriffs Office
The Lee County Sheriff's Office
The Sarasota County Sheriff's Office
The Manatee County Sheriff's Office
The Pinellas County Sheriffs Office
Clearwater Police Department
Cape Coral Police Department
Intent Statement and
Provisions for Voluntary Cooperation to Be Rendered
1. Organized human smuggling and trafficking are of serious concern to the state of
Florida. Smugglers are using sophisticated methods to illegally smuggle people
into Florida and are using third countries as transit points. In order to facilitate
the movement of such people, smugglers conduct peripheral crimes such as vessel
theft, fuel thefts and identification fraud, then once the people are smuggled into
Florida, use theirs as either hired co-conspirators or indentured servants in other
crimes or imposing forced labor services upon them As used herein, "forced
labor services" has the same meaning as defined at Section 787.06(2)(b), Florida
Statutes (2008). This organized activity reveals a comprehensive effort on the
part of the smugglers and human traffickers to conduct an ongoing racketeering
enterprise with wide ranging effects on the state of Florida including
indoctrination of those who have been illegally smuggled into the United States
into committing criminal acts while present in the United States.
2. The purpose of this agreement is to form a Task Force to effect dedicated and
intensive investigative, preventative, and general law enforcement efforts
primarily with regard to the investigation of Racketeering Influence Corrupt
Organizations and Human Tracking and related crimes, and in efforts to
dismantle and disrupt the organizations committing such violations. As used
herein, "Human Trafficking" means transporting, soliciting, recruiting, harboring,
providing, or obtaining another person for transport.I The principal goal 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 as may be authorized by law related
to such activity, 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. 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.
3. 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 continuing,
multi jurisdictional criminal activity,-so as to protect the public peace and safety,
and preserve the lives and property of the citizens of Florida.
4. The undersigned agencies have the authority under Part 1, Chapter 23, Florida
Statutes, "the Florida Mutual Aid Act," to enter into a 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 areas where
major law enforcement efforts would otherwise be thwarted by jurisdictional
barriers.
5. Nothing herein shall otherwise limit the jurisdiction and powers normally
possessed by an employee as a member of the employee's agency. Nothing herein
shall otherwise limit the ability of participating members to provide, as provided
by or allowed by law, such assistance in any enforcement action unrelated to task
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 herein.
I Section 787.06(2)6.(c), Florida Statutes (2008).
Operation Island Runners Mutual Aid Agreement 2
Original Parties - April, 2009
Page 2 of 17
Procedure for Requesting and Authorizing Assistance
Law enforcement officers assigned to the Task Force 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 participating 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 Task Force coordination shall be the Florida Department of Law
Enforcement (FDLE) Ft. Myers Regional Operations Center. When engaged in
investigative operations that have been approved by and involve the. Florida
Department of Law Enforcement as contemplated by this Agreement, assigned law
enforcement officers who are part of the Task Force that do not otherwise have
jurisdictional authority shall enjoy full jurisdictional authority anywhere in the State
of Florida, although principally focused within Miami-Dade, Monroe, Lee, Collier,
Sarasota, Manatee, and Pinellas Counties, with full power to enforce Florida laws and
avail themselves of the provisions of this Agreement. Task Force members operating
outside the jurisdiction of their agency shall not enjoy extra jurisdictional authority as
law enforcement officers, unless they are engaged in approved Task Force activities
as stated herein that are actually directed by an FDLE Task Force supervisor, or
FDLE Special Agent designee, who is present with personnel engaged in operational
activity.
2. 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." Task Force
members operating outside the jurisdiction of their agency are prohibited from
engaging in enforcement actions unless in conformance with this Agreement or as
may be otherwise independently authorized by law.
3. Pursuant to Section 23.127(1), Florida Statutes, designated employees of the
undersigned Agencies participating in the investigation 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. Activities shall be considered authorized only when approved and
directed as provided herein by an FDLE supervisor or command designee. No Task
Force member shall engage in activities outside his or her normal jurisdictional
territory, pursuant to the authority of this Agreement, that are not approved, are
unreported or are otherwise unknown to the FDLE supervisor or FDLE Special Agent
designee, and which are not documented as provided herein. No extension of
Operation Island Runners Mutual Aid Agreement 3
Original Parties - April, 2009
Page 3 of 17
jurisdiction or authority is granted by this Agreement for law enforcement activities
unless they are approved and supervised by FDLE as provided herein and are related
to the investigation or have been encountered directly incident to an approved and
supervised investigation operation. Any time a participating agency's Task Force
members, pursuant to this agreement, leave their territorial jurisdiction, notification
shall be made to the FDLE regional operations center for the location being traveled
to. If operational activity moves from one FDLE Region into another FDLE Region,
personnel from the Region where activity is occurring may be designated to be
present to supervise Task Force members who have entered the Region. The FDLE
Task Force supervisor, or Special Agent designee, shall insure that the appropriate
law enforcement agency in the jurisdiction where the Task Force is operating is made
aware of Task Force activity in its jurisdiction in a timely manner, subject to
reasonable accommodations for exigencies.
4. If at any time an FDLE supervisor, FDLE Special Agent designated as a supervisor or
command designee determines that an extra-territorial operation should be
terminated, said operation is to be promptly terminated in a manner assuring the
safety of all involved law enforcement officers.
5. The FDLE supervisor(s), or FDLE Special Agent designee, 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 operation, including each operation's supervisor or
designated leader. No designated employees of the undersigned Agencies
participating in the investigation shall engage in investigation-related activities that
are not approved, are unreported or otherwise unknown to the FDLE supervisor and
which are not documented as provided herein.
6. If a conflict arises between an order or direction provided by the FDLE supervisor, or
FDLE Special Agent designee, and a member's employing agency's rules, standards,
or policies, the conflict shall be promptly reported to the FDLE supervisor, and to the
superior in that member's agency chain of command. The FDLE supervisor, in
conjunction with the member's agency superior, shall attempt to resolve the conflict
in a manner that will allow the operation to continue appropriately. At no time will a
participating member be forced to violate his/her own agency's policies or rules.
7. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed
by an employee as a member of the employee's agency.
8. Each participating agency shall contribute personnel and resources in such numbers
as are agreed to by the participating agencies. Participating agencies shall assign
personnel based upon their investigative experience and the operational needs of the
investigation.
9. The FDLE Supervisor shall be responsible for the operational command and day-to-
day administration of all investigative operations and personnel, and shall have the
Operation Island Runners Mutual Aid Agreement 4
Original Parties - April, 2009
Page 4 of 17
authority to make routine assignments and deten-nine case priority, as needed. During
the absence of the Managing FDLE Supervisor, or as deemed necessary by the
Managing FDLE Supervisor, an FDLE Special Agent may be designated to be
present to supervise operational Task Force matters.
Powers, Privileges, Immunities, Costs and Liability-Related Issues
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 activities 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 investigation
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 affect the purposes of this Agreement
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.
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
Operation Island Runners Mutual Aid Agreement 5
Original Parties - April, 2009
Page 5 of 17
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.
8. Nothing herein shall prevent any participating agency from requesting supplemental
appropriations from the agency's governing authority having budgeting jurisdiction to
reirriburse 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.
Complaints
1. Whenever a complaint has been lodged as a result of investigative efforts under this
Agreement, 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 participant(s) accused and the employing agency(ies) of
the participant(s) accused.
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.
Forfeiture Provisions
1. In the event an agency seizes any real property, vessel, motor vehicle, aircraft,
currency or other property during the performance of this Agreement, the parties
agree that said forfeiture action may be filed pursuant to federal law and the rules
and regulations set forth by the Department of Justice (DOJ)_ Additionally, state
forfeiture provisions may be utilized if the parties agree to this option. If a state
forfeiture is pursued, the seizing agency shall be responsible for maintaining any
forfeiture action pursuant to Chapter 932, Florida Statutes. The agency pursuing
the forfeiture action shall have the exclusive right to control and the responsibility
to maintain the property in accordance with Chapter 932, Florida Statutes, and
authority over the potential forfeiture to include, but not be limited to, the
complete discretion to bring the action or dismiss the action. Forfeiture
Operation Island Runners Mutual Aid Agreement 6
Original Parties - April, 2009
Page 6 of 17
attributable to Task Force investigations may be distributed among the agencies
participating in Task Force related operations. In the event that any property or
cash is seized as a result of investigative activities governed by this Agreement,
the parties agree to ensure the equitable distribution of forfeited property, cash or
proceeds from the sale of forfeited property. If the forfeiture occurs on the state
level, the forfeiture and distribution of such property shall be pursuant to Section
932.701-707 of the Florida Statutes. Forfeited property or proceeds shall be
distributed to the appropriate law enforcement agency or agencies that
participated directly and substantially in any acts which led to the seizure or
forfeiture of such property or cash. It is agreed that the percentage of any
proceeds from forfeited property or the value of property retained by an agency
shall be commensurate with participation of that agency in the activity, which
resulted in the seizure, unless otherwise agreed to by the participating agencies.
Any agency that provides for court costs or costs for maintaining seized property
shall be reimbursed out of any proceeds from the sale of seized property prior to
the distribution of proceeds.
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. A party other than those listed on page one may, at the request of FDLE and with
the approval of the participating agencies, 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 FDLE, who shall
immediately notify other participating parties of the cancellation.
3. This Agreement shall remain, in full force as to all participating Parties until April
1, 2011 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. However, if the Task Force
continues operations beyond April 1, 2011, the Agreement shall be automatically
extended on a inonth-by-month basis, until such time as each participating Party
has ratified a revised or subsequent written Agreement. This Agreement may be
duplicated for dissemination to all Parties, and such duplicates shall be of the
same force and effect'as the original.
IN WITNESS WHEREOF, the authorized representatives of the Parties hereto
sign on the date specified.
Operation Island Runners Mutual Aid Agreement 7
Original Parties -- April, 2009
Page 7 of 17
"Operation Island Runners"
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement
Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive
Officer of the agency who is authorized to contractually bind the agency. By signing
below, an indication of such authorization is being made. Any signatory may attach to
this signature page and any further evidence of authorization you wish to remain on file
at FDLE along with signature page.
of Law Enforcement (FDLE):
Gerald M. B ey, xecutive Director
Florida Department of Law Enforcenient
%A \ 'La
Date
Operation Island Runners Mutual Aid Agreement
Original Parties - April, 2009
Page 8 of 17
"Operation Island Runners"
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement
Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive
Officer of the agency that is authorized to contractually bind the agency. By signing
below, an indication of such authorization is being made. Any signatory may attach
to this signature page and any further evidence of authorization you wish to retrain
on file at FDLE along with this signature page.
???F?ck????c*k*???***sF?*??Fic?F?kk?Yk?F?c*?c?*k*?r?ril*?Yk?Y*?:l•**?*?:rk???F?ckk?9c*??????c?: k
For the Collier County Sheriffs Office:
Kevin J. Ranx>I ask
Sheriff
Date
Operation Island Runners Muhial Aid Agreement 11
Original Parties - April, 2009
Page I 1 of 17
"Operation Island Runners"
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement
Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive
Officer of the agency that is authorized to contractually bind the agency. By signing
below, an indication of such authorization is being made. Any signatory may attach
to this signature page and any further evidence of authorization you wish to remain
on file at FDLE along with this signature page.
F*:F***?x?**?*YkkY*:F*l*?c*/c******9c?c*F**?r*4?.-k?ckkk:l•*?:?9ci1*?:l?l-*?c?*ir?r?*?*?:FYFk
For the Lee County Sheriff s Office:
Mike Scott
Sheriff
Date
Operation Island Runners Mutual Aid Agreement 12
Original Parties - April, 2009
Page 12 of 17
"Operation Island Runners"
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement
Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive
Officer of the agency that is authorized to contractually bind the agency. By signing
below, an indication of such authorization is being made. Any signatory may attach
to this signature page and any further evidence of authorization you wish to remain
on file at FDLE along with this signature page.
ic?r?k*?Y?F*Y?c?:?l-***?c?Y**?: k*?e?Fie?e?C?:?:?c:?:t**?c*J:???x?kk9:?kkY??FF**k*?F*F?F?Y**YYkk:t:?i;?r?
For the Sarasota County Sheriff's Office:
4Af
Tom Knight
Sheriff
X11-09
Date
APPROVED AS 19 FORM AND CONTENT
RYi 5--11-,091
MAJOR KURTA. OFFMAN DATE
" GENERAL COUNSEL
Operation Island Runners Mutual Aid Agreement 13
Original Parties - April, 2009
Page 13 of 17
"Operation Island Runners"
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement
Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive
Officer of the agency that is authorized to contractually bind the agency. By signing
below, an indication of such authorization is being made. Any signatory may attach
to this signature page and any further evidence of authorization you wish to remain
on file at FDLE along with this signature page.
icy: *?; 9c?** k??* k k*?:Fir kFF?9C9:,: yr? k?c?r*?c?: ?r*?rY**?r?r*4c k*?-? k kF* k9i?? k k k*? k *?c**??**>F*?:
For the Manatee County Sheriff's Office:
W. Brad Steube
Sheriff
? v'? 2tr?9
Date
Operation Island Runners Mutual Aid Agreement 14
Original Parties - April, 2009
Page 14 of 17
"Operation Island Runners"
party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement
Pursuant to F.S.23.122S(3), this agreement may be entered into by a Chief Executive
Officer of the agency that its authorized to contractually bind the agency. By signing
below, an indication of such authorization is being made. Any signatory may attach
to this signature page and any further evidence. of authorization you wish to remain
on file at FDLE along with this signature page.
For the Pinellas County Sheriff s Office:
Coats
eriff
Date
Operation Island Runners Mutual Aid Agreement 15
Original Parties - April, 2009
Page 15 of 17
"Operation Island Runners"
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement
Pursuant to F.S.23.1225(3), this agreement may be entered into by a Chief Executive
Officer of the agency that is authorized to contractually bind the agency. By signing
below, an indication of such authorization is being made. Any signatory may attach
to this signature page and any further evidence of authorization you wish to remain
on file at FDLE along with this signature page.
For the Clearwater Police Department:
Sid Klein
Chief of Police
ur !? a
Date
Operation Island Runners Mutual Aid Agreement 16
Original Parties - April, 2009
Page 16 of 17
"Operation Island Runners" Mutual Aid Agreement
Countersigned:
CITY OF CLEARWATER, FLORIDA ?A- By: .
?-.-.?.?
rank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form:
Robert urette
Assistan ity Attorney
Attest:
Cy hia E. Goudeau
Cit lerk