R23-134 1 RESOLUTION NO. R23-134
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CHIEF OF POLICE OR
5 DESIGNEE TO SIGN ALL DOCUMENTS ASSOCIATED WITH
6 THE ACCEPTANCE AND EXECUTION OF THE STATE
7 ASSISTANCE FOR FENTANYL ERADICATION (S.A.F.E) IN
8 FLORIDA PROGRAM AND CITY MANAGER OR DESIGNEE TO
9 SIGN CORRESPONDING INTERLOCAL AGREEMENT
10 BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH
11 COUNTY SHERIFF'S OFFICE (PBSO); AND PROVIDING AN
12 EFFECTIVE DATE.
13
14
15 WHEREAS, the Florida Department of Law Enforcement (FDLE) established the S.A.F.E.
16 Initiative as a mechanism by which local law enforcement agencies can dedicate resources for
17 the purpose of targeting the following criminal activity which must have a nexus to fentanyl,
18 including but not limited to racketeering, drug law violations, related criminal violations,
19 firearms violations, and dismantling organized criminal groups engaging in such activity in
20 violation of Florida State Statues that may affect single or multiple jurisdictions; and
21 WHEREAS, The S.A.F.E. Program will allow the Police Department to continue focusing
22 efforts on eradicating fentanyl in the city of Boynton Beach; and
23 WHEREAS, The City of Boynton Beach has been allocated $300,000 towards the S.A.F.E.
24 initiative with the ability to request additional funding should operational needs change; and
25 WHEREAS, upon recommendation of staff, the City Commission has determined that
26 it is in the best interests of the residents of the City to approve and authorize the Chief of
27 Police or Designee to sign all documents associated with the acceptance and execution of the
28 State Assistance for Fentanyl Eradication (S.A.F.E) in Florida Program and the City Manager or
29 Designee to sign corresponding Interlocal agreement between the City of Boynton Beach and
30 Palm Beach County Sheriff's Office (PBSO).
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
32 BOYNTON BEACH, FLORIDA, THAT:
33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
34 being true and correct and are hereby made a specific part of this Resolution upon adoption
S:\CA\RESO\Agreements\Grants\S.A.F.E.Grant(23-24)-Reso.docx
35 hereof.
36 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
37 approve and authorize the Chief of Police or Designee to sign all documents associated with
38 the acceptance and execution of the State Assistance for Fentanyl Eradication (S.A.F.E) in Florida
39 Program and the City Manager or Designee to sign corresponding Interlocal agreement
40 between the City of Boynton Beach and Palm Beach County Sheriff's Office (PBSO), a copy of
41 which is attached hereto as Exhibit "A".
42 Section 3. This Resolution shall become effective immediately upon passage.
43 PASSED AND ADOPTED this 14th day of September, 2023.
44 CITY OF BOYNTON BEACH, FLORIDA
45
46 YES NO
47
48 Mayor-Ty Penserga ✓
49
50 Vice Mayor-Thomas Turkin
51
52 Commissioner-Angela Cruz
53
54 Commissioner-Woodrow L. Hay
55
1.7
56 Commissioner-Aimee Kelley
57
58 VOTE
59
60 A 'T:
61
62 .x.11 f 111._ ):._ Ad/
63 Mayle• D:esus, MP a MC Ty '- i 0 :
64 City Cler May,
65 _ ' ON s,,,‘`‘,
66 ;��o�QORAr£••.."9�ti�� A'V' ROVE' aS TO FORM:
67 (Corporate Seal) o;� �� v�
P
68 �_ RP�
69 ,'i .�OCP\92,0 : f David N. Tolces
70 �•I‘ '•••....•• Interim City Attorney
71
S:\CA\RESO\Agreements\Grants\S.A.F.E.Grant(23-24)-Reso.docx
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY
SHERIFF'S OFFICE PERTAINING TOP THE STATE ASSISTANCE
FOR FENTANYL ERADICATICATION (S.A.F.E.) IN FLORIDA
PROGRAM
WHEREAS, Part 1 of Chapter 163 of Florida Statues permits public agencies
as defined therein to enter into interlocal agreements with each other to
exercise jointly any power, privilege, or authority which such agencies share
in common and which each might exercise separately; and
WHEREAS, the Florida Department of Law Enforcement awarded a State
Assistance for Fentanyl Eradication (S.A.F.E) grant to the City of Boynton
Beach Police Department (CITY) for fiscal year 2023-24.
WHEREAS, the S.A.F.E Program allows the CITY to reimburse agencies
who assist in activities related to initiatives in the program.
WHEREAS,the CITY and the SHERIFF hereby agree to work cooperatively
in regards to the S.A.F.E Program as set forth within the terms of this
agreement.
NOW, THEREFORE, in consideration of the forgoing, the parties agree as
follows:
Article 1. Purpose
This interlocal agreement ("Agreement") delineates the responsibilities of the
SHERIFF for activities under FY 23-24 S.A.F.E. program, the proceeds of
which are being made by the Florida Department of Law Enforcement
(FDLE).
Article 2. Scope
This Agreement concerns activities, operations, and/or criminal investigations
as enumerated under the Financial Assistance Agreement between the Florida
Department of Law Enforcement and the City of Boynton Beach Police
Department.
Interlocal Agreement between
Boynton Beach Police and Palm Beach County S.O.
Regarding S.A.F.E. program
Article 3. SHERIFF agrees to:
A. Conduct activities in coordination with the CITY as authorized
under the S.A.F.E. program and accompanying agreement between
the CITY and FDLE.
B. Provide monthly requests to the CITY with supporting
documentation (payroll record, time, and attendance forms) for
reimbursement of overtime cost.
C. Maintain records to justify all charges, expenses, and costs incurred
in estimating and performing the work for five (5) years after
completion or termination of this Agreement.
D. Provide the CITY with access to SHERIFF's books, records, and
documents such that the CITY may inspect or audit these records,
upon request during normal business hours, at the SHERIFF's
Office.
Article 4. The CITY agrees to:
A. Contingent upon the CITY'S receipt of funds from FDLE,
reimburse the SHERIFF in an amount not to exceed $110,000
for overtime salaries associated with the FY 23-24 S.A.F.E.
Program.
B. Reimburse the SHERIFF within 60 days after receipt and
verification of any reimbursement request, provided it contains
the necessary accurate and detailed supporting documentation.
Article 5. Term of Agreement and Obligation to Pay:
The term of this Agreement shall commence upon its execution by both the
CITY and the SHERIFF and shall terminate on June 30, 2024, or until the date
of the expiration of the S.A.F.E. Program grant agreement #2023-SAFE-SF-
004, whichever is longer.
Page 2 of 7
Interlocal Agreement between
Boynton Beach Police and Palm Beach County S.O.
Regarding S.A.F.E. program
Article 6. Liability
Each party engaging in any mutual cooperation and assistance under this
Agreement agrees to assume full and final responsibility for the acts,
omissions or conduct of such party's own employees while engaged in
rendering such assistance. The foregoing shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Section 768.28, Fla. Stat.
Article 7. Indemnification
Each party agrees to indemnify and defend the other against claims brought
forth due to the actions and/or inactions of their own employees, agents, or
officers.
Article 8. Insurance
The Parties shall each maintain their own insurance policies during the term
of this Agreement:
The CITY warrants that it is self-insured and/or shall maintain general liability
insurance as required by law. The SHERIFF shall provide the CITY with a
copy of its General Liability certificate of insurance.
Article 9. Non- Discrimination
The Parties shall not discriminate on the basis of race, age, religion, color,
gender, national origin, marital status, disability, or sexual orientation.
Article 10. Modification of Work
This Agreement or the Scope of Work may only be modified or amended by
the mutual consent of the Parties.
Article 11. Relationship of the Parties
The Parties hereto acknowledge that their relationship is that of independent
contractors. No employee of either party shall be deemed an employee of the
other party. Nothing contained herein shall be construed to create a
partnership or joint venture between the Parties.
Page 3 of 7
Interlocal Agreement between
Boynton Beach Police and Palm Beach County S.O.
Regarding S.A.F.E. program
Article 12. No Third-Party Beneficiaries
This Agreement and the provisions hereof are for the exclusive benefit of the
Parties hereto and their affiliates and not for the benefit of any third person,
nor shall this Agreement be deemed to confer or have conferred any rights,
express or implied, upon any other third person.
Article 13. Notices
Any notices to be provided hereunder shall be in writing and given by personal
service, mailing the same by Unites States certified mail, return receipt
requested, and postage prepaid or a nationally recognized overnight carrier,
addressed as follows:
If to CITY to: Chief Joseph DeGiulio
Boynton Beach Police Department
2100 High Ridge Road
Boynton Beach, Florida 33426
With a copy to: David Tolces
City Attorney
100 E. Ocean Avenue
Boynton Beach, Florida 33435
If to SHERIFF to: Ric L. Bradshaw
Palm Beach County Sheriff's Office
3228 Gun Club Road
West Palm Beach, Florida 33406
With a copy to: Catherine M. Kozol, Esq.
Department of Legal Affairs
Palm Beach County Sheriff's Office
3228 Gun Club Road
West Palm Beach, Florida 33426
Page 4 of 7
Interlocal Agreement between
Boynton Beach Police and Palm Beach County S.O.
Regarding S.A.F.E. program
Article 14. Severability
The invalidity or unenforceability of any provision or clause hereof shall in
no way affect the validity or enforceability of any other clause or provision
hereof.
Article 15. Waiver and Delay
No waiver or delay of any provision of this agreement at any time will be
deemed a waiver of any other provision of this agreement at such time or will
be deemed a waiver of such provision at any other time.
Article 16. Assignment; Binding Agreement
Neither party shall assign this Agreement without the written consent of the
other party, which consent shall not be unreasonably withheld or delayed. This
Agreement shall be binding upon and inure to the benefit of the Parties hereto
and their respective successors and permitted assigns.
Article 17. Governing Law and Venue
This Agreement shall be construed in accordance with the laws of the State of
Florida. Any dispute arising with respect to this Agreement is subject to the
laws of Florida. The venue shall lie in Palm Beach County, Florida.
Article 18. Entirety of Contractual Agreement
The CITY and the SHERIFF agree that this agreement sets forth the entire
agreement between the Parties, and that there are no promises or
understandings other than those stated herein. None of the provisions, terms,
and conditions contained in this Agreement may be added to, modified,
superseded, or otherwise altered, except by a written instrument executed by
the Parties hereto in accordance with Article 10 — Modification of Work.
Article 19. Termination
This Agreement may be terminated without cause by either party to the
Agreement upon 60 days written notice to the other party.
Page 5 of 7
Interlocal Agreement between
Boynton Beach Police and Palm Beach County S.O.
Regarding S.A.F.E. program
Article 20 — Forfeitures
It is recognized that during the course of the operation of this Agreement,
property subject to forfeiture under Sections 932.701- 932.707, Florida
Statutes, known as the "Florida Contraband Forfeiture Act," may be seized.
The police jurisdiction in which any property is seized pursuant to the Florida
Contraband Forfeiture Act shall have priority to initiate forfeiture proceedings
for any matters which arise from a mutual aid event that is covered by this
Agreement, but may allow the other jurisdiction to prosecute the forfeiture
with the written authorization of the legal counsel for each party. Upon a
successful forfeiture prosecution, the forfeiting agency shall share the
proceeds with the other agency subject to this Agreement, in an amount
commensurate with that agency's level of participation, minus costs incurred
for litigation of the forfeiture. This shall occur pursuant to the provisions of
the Florida Contraband Forfeiture Act.
IN WITNESS WHEREOF, the Parties hereto have executed this
Agreement as of the last date all signatures below are affixed.
SHERIFF OF PALM BEACH COUNTY
By:
Sheriff Ric L. Bradshaw
Dated:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Catherine M. Kozol, Esquire
Page 6 of 7
Interlocal Agreement between
Boynton Beach Police and Palm Beach County S.O.
Regarding S.A.F.E. program
CITY OF BOYNTON BEACH, FLORIDA
By:
Dan' _ . •er
41( „„„
Dated: it obo�-3
s ":� SEAL 010
• INCORPORATED.
APPROVED AS TO FORM AND 1920
LEGAL SUFFICIENCY
/-
.
CBy:
David Tolces, City Attorney
Page 7 of 7
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
STATE ASSISTANCE FOR FENTANYL ERADICATION (S.A.F.E.)
INITIATIVE
WHEREAS, the below subscribed law enforcement agencies, the Parties to this mutual
aid agreement, have joined together to create the STATE ASSISTANCE FOR
FENTANYL ERADICTION (S.A.F.E.) Mutual Aid group, hereinafter referred to as the
S.A.F.E. INITIATIVE, intended to combat the fentanyl crisis by identifying fentanyl
related crimes, to include: racketeering, drug law violations, and related criminal
violations, and by dismantling organized criminal groups engaging and targeting major
violators in such activity which may affect single or multiple jurisdictions;
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 that they can make more efficient
use of their respective powers and resources and thereby provide a higher quality of law
enforcement services to the public through the coordination of members of the
undersigned agencies involved in the S.A.F.E. INITIATIVE;
NOW THEREFORE, the Parties agree to carry out their respective duties and
responsibilities as outlined below, subject to controlling law, policies or procedures, and
in consideration of the mutual interests and understandings herein expressed:
Intent Statement, S.A.F.E. INITIATIVE Goals, Nature of Law Enforcement
Assistance and Voluntary Cooperation to be Rendered
It is the intention of the Florida Department of Law Enforcement (FDLE) to establish the
S.A.F.E. INITIATIVE as a mechanism by which area law enforcement agencies can
dedicate resources for the purpose of targeting the following criminal activity which must
have a nexus to fentanyl, including but not limited to racketeering, drug law violations,
related criminal violations, firearms violations, and dismantling organized criminal
groups engaging in such activity in violation of Florida State Statutes that may affect
single or multiple jurisdictions.
The principal purpose of the S.A.F.E. INITIATIVE shall be the successful arrest and
prosecution of violators of the laws noted herein, and similar violations, with particular
Page 1 of 9
emphasis placed on efforts designed to identify and dismantle organized criminal
enterprises with a nexus to fentanyl.
The S.A.F.E. INITIATIVE efforts shall include, but are not limited to: undercover
operations designed to detect illegal activity with a nexus to fentanyl, including but not
limited to violations of Florida Statutes Chapters 782, 790, 893, and 895. The use of
surveillance equipment and techniques; the arrest and prosecution of those involved in
illegal activity; the seizure of contraband and weapons; the forfeiture of assets from
those engaged in such illegal activity; and the referral of investigative leads and
intelligence to such other federal, state, or local law enforcement authorities, as may be
required and appropriate under the S.A.F.E. INITIATIVE
While the seizure and civil forfeiture of assets is an effective tool in combating organized
criminal activity, the seizure and forfeiture of assets shall not take priority over the
primary function of the S.A.F.E. INITIATIVE, which shall be to enforce laws regulating
violations of criminal law.
Nothing herein shall otherwise limit the ability of participating S.A.F.E. INITIATIVE
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.
The Parties to this Agreement are contributing personnel and resources in support of
the S.A.F.E. INITIATIVE efforts, with the operations of the S.A.F.E. INITIATIVE being
coordinated with the FDLE and other S.A.F.E. INITIATIVE members.
Procedure for Requesting Assistance
Law enforcement officers assigned to the S.A.F.E. INITIATIVE 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
S.A.F.E. INITIATIVE member agencies shall constitute a general reciprocal, continuing
request for and granting of assistance between the members which shall be considered
authorized in accordance with the provisions of this Agreement. No additional or
specific formal request for assistance is required.
Organization, Command and Supervisory Responsibility
Each participating agency shall contribute personnel and resources to the S.A.F.E.
INITIATIVE in such numbers as are agreed to by the participating agency and FDLE.
Participating agencies shall assign personnel to the S.A.F.E. INITIATIVE based upon
Page 2 of 9
their investigative experience and the operations needs of the S.A.F.E. INITIATIVE.
Final acceptance of personnel assigned to the S.A.F.E. INITIATIVE shall rest with
FDLE.
The respective FDLE Regional Special Agents in Charge throughout the State of
Florida, together with their chain of command, will review and approve S.A.F.E.
INITIATIVE operations with input from the various Partner agencies to this MAA in
whose jurisdictions potential cases arise.
When operating outside the jurisdiction of the participating investigative agency, the
assigned managing FDLE supervisor (ASAC or designee) shall be responsible for the
operational command and day-to-day administration of all S.A.F.E. INITIATIVE
operations and personnel, and shall have the authority to make routine assignments
and determine case priority, as needed. When engaged in S.A.F.E. INITIATIVE
operations that have been approved by and involve FDLE, as contemplated by this
MAA, unit members who do not otherwise have jurisdictional authority shall have full
jurisdictional authority anywhere in the State of Florida, although principally focused
within their "standard operational area" as set forth in Addendum A, with full power to
enforce Florida laws and to avail themselves of the provisions of this Agreement.
S.A.F.E INITIATIVE members operating outside their agency's jurisdiction shall not
enjoy extra-jurisdictional authority as law enforcement officers unless engaged in
approved MAA activities as stated herein.
Pursuant to Section 23.127(1), Florida Statutes, the Party's S.A.F.E. INITIATIVE
members participating in the MAA shall, when engaging in authorized mutual
cooperation and assistance pursuant to this MAA, have the same powers, duties, rights,
privileges and immunities as if the employees were performing duties inside the law
enforcement jurisdictional area of their respective agencies.
Activities shall be considered authorized only when approved and directed as provided
herein by an FDLE supervisor or command designee. If at any time an FDLE supervisor
or command designee determines that assistance pursuant to this MAA should be
terminated, it shall be promptly terminated in a manner assuring the safety of all
involved law enforcement officers.
Page 3 of 9
No S.A.F.E. INITIATIVE member shall engage in activities outside the jurisdictional
territory of his or her agency, except as approved by the S.A.F.E. MAA coordinator
(assigned FDLE supervisor) or designee and any such activity must be documented as
provided herein. The MAA coordinator or designee shall maintain activities logs that will
demonstrate the involvement of specific employees or agents provided by the Parties to
this MAA, including each operation's supervisor or designated leader. Specific
authorization and approval from both FDLE and the respective agency Party
supervisory personnel shall be obtained when unit members will be acting with FDLE
outside of their "standard operational area" as set forth in Addendum A. FDLE shall be
entitled to conduct audits and inspections of task force operations and records.
Whenever an operation occurs outside of a S.A.F.E. INITIATIVE team's "standard
operational area" set forth in Addendum A, the Special Agent in Charge (SAC) for the
FDLE office in the region affected shall be notified about the presence of the S.A.F.E.
INITIAITIVE personnel in his region.
Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by a
S.A.F.E. INITIATIVE member of an agency Party.
During the absence of the managing FDLE supervisor, or as deemed necessary by the
managing FDLE supervisor, any member assigned to the S.A.F.E. INITIATIVE may be
designated as an interim team leader to manage operational S.A.F.E. INITIATIVE
matters.
Activities shall be considered authorized only when approved and actually directed as
provided herein by the assigned FDLE supervisor or designee. No extension of
jurisdiction or authority is granted by this Agreement for law enforcement activities
unless approved and supervised as provided herein and related to the S.A.F.E.
INITIATIVE operations, or unless same have been encountered directly incident to an
approved and supervised S.A.F.E. INITIATIVE operation.
If a conflict arises between an order or direction provided by the FDLE S.A.F.E.
INITIATIVE supervisor and a member's employing agency's rules, standards, or
policies, the conflict shall promptly be reported to the S.A.F.E. INITIATIVE supervisor
and to the supervisor of that S.A.F.E. INITIATIVE member's agency chain of command.
The FDLE S.A.F.E. INITIATIVE supervisor, in conjunction with the member's agency
supervisor, shall attempt to resolve the conflict in a manner that will allow the operation
Page 4of9
to continue appropriately. At no time will a participating member be forced to violate
his/her own agency's policies or rules in order to implement an S.A.F.E. INITIATIVE.
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 S.A.F.E. INITIATIVE when
engaged in S.A.F.E. INITIATIVE operations. In the absence of a written memorandum
of understanding or attachments, the policies and procedures to be utilized by S.A.F.E.
INITIATIVE members shall be clearly identified by the assigned FDLE S.A.F.E.
INITIATIVE supervisor. However, as stated above, no 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.
Jurisdiction
For purposes of the Mutual Aid Agreement (MAA), "S.A.F.E. INITIATIVE unit members
as used herein shall mean the sworn members of the non-FDLE agency Parties to this
agreement who are assigned to the S.A.F.E. Initiative in accordance with the MAA.
FDLE and each agency Party to this agreement have executed the signature page
attached hereto as Addendum A, which includes specific information concerning the
primary geographic scope of this MAA for regional areas of the State associated with
FDLE Regional Operations Centers, and identification of the agency Party entering into
this agreement, and other particular information all of which is incorporated herein as
though fully set out in the text of the main agreement.
Nothing contained in this MAA is intended to prevent personnel from performing their
normal duties as assigned by their respective agencies.
Powers, Privileges, Immunities, Costs, and Liability-Related Issues
Employees of the participating agencies, when actually engaging in mutual cooperation
and assistance outside of their jurisdictional limits but inside the State of Florida, 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.
Page 5 of 9
An agency that furnishes equipment pursuant to this Agreement must bear the cost of
loss or damage to that equipment and must pay any expense incurred in the operation
and maintenance of that equipment.
Each member agency engaging in S.A.F.E. INITIATIVE operations 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 S.A.F.E.
INITIATIVE activities or operations, 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.
Each Party to this Agreement agrees to furnish necessary personnel, property, police
equipment, vehicles, and resources in order to carry out the purposes of the S.A.F.E.
INITIATIVE, 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.
Each Agency furnishing services pursuant to this Agreement shall compensate its
employees during the time such services are rendered and shall defray the actual
expenses of its employees while they are rendering such services, including any
amounts paid or due for compensation due to personal injury or death while such
employees are engaged in rendering such services. The privileges and immunities from
liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief,
disability, workers' compensation, salary (including overtime compensation or
compensatory time), death, and other benefits that apply to the activity of an employee
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.
Nothing herein shall prevent the requesting agency from requesting supplemental
appropriations from the governing authority having budgeting jurisdiction to reimburse
the assisting agency for any actual costs or expenses incurred by the assisting agency
performing hereunder.
Nothing in this Agreement is intended to or is to be construed as any transfer or
contracting away of the powers or functions of one party hereto or the other.
Page 6 of 9
Obligation to Coordinate with Prosecutor's Office
A key objective of the S.A.F.E. INITIATIVE is the protection of Florida's public safety
and security, and the successful prosecution of criminal violators. Successful
prosecution requires close coordination with prosecuting authorities, both in the state
and federal courts. Members of the S.A.F.E. INITIATIVE 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 S.A.F.E. INITIATIVE generated cases, and reasonable
availability for pretrial conferences with prosecutors, discovery depositions, pretrial
hearings and trials.
Civil or administrative actions derived from S.A.F.E. INITIATIVE operations are likewise
to receive coordinated efforts from S.A.F.E. INITIATIVE members. The FDLE S.A.F.E.
INITIATIVE supervisor shall monitor the efforts of S.A.F.E. INITIATIVE 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 S.A.F.E.
INITIATIVE to assure the expected level of support from S.A.F.E. INITIATIVE members
is occurring. Failure by a member of the S.A.F.E. INITIATIVE to support such efforts on
a routine and regular basis in the manner set forth herein shall constitute grounds for
removal from the S.A.F.E. INITIATIVE.
Property Seizure and Forfeiture Considerations
No funds or other property seized during the S.A.F.E. INITIATIVE operations are to be
utilized for any member agency prior to successful forfeiture or until the title or interest
in the funds otherwise lawfully vests in one or more-member agencies. Forfeiture
actions based upon seizures made by the S.A.F.E. INITIATIVE shall be based upon
current statutory and case law. The Parties agree that the lead investigative agency,
through its attorneys, will be primarily responsible under this Agreement for pursuing all
S.A.F.E. INITIATIVE forfeiture actions on behalf of all of the Parties in state court,
subject to its right to reimbursement of associated costs; however, this provision shall
not preclude the use of other forfeiture attorneys or personnel as needed on particular
matters. Distribution of the proceeds from successful forfeiture actions shall be
equitable among the Parties to this Agreement and shall consider their relative roles in
support of the efforts of S.A.F.E. INITIATIVE. It is agreed the Florida Department of
Law Enforcement will be allocated a minimum of 25% of any seized asset forfeitures as
a result of the S.A.F.E Initiative Investigation.
Page 7 of 9
Any Party to this Agreement or any prosecutor handling the criminal prosecution of the
S.A.F.E. INITIATIVE cases may request copies of forfeiture complaints and pleadings
filed by reason of S.A.F.E. INITIATIVE seizures, and such copies shall promptly be
provided to the requestor. If any legal dispute or concern as to the form or sufficiency of
forfeiture actions or other action proposing to vest the interest of S.A.F.E. INITIATIVE
member agencies 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 to this Agreement believes that there is no legal
sufficiency 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 S.A.F.E.
INITIATIVE is to be filed. All options available to state and local law enforcement
agencies with regard to unclaimed evidence or abandoned property, gifts and plea
agreements, are available to the S.A.F.E. INITIATIVE, provided the property under
consideration otherwise qualifies under law for such consideration. Forfeiture actions
shall be further governed by the terms, conditions, and guidelines described in Section
932.704(11)(a), Florida Statutes.
Evidence and Records
The Parties agree that all the S.A.F.E. INITIATIVE reports and records shall be
maintained and retained by FDLE, and shall be identified as the S.A.F.E. INITIATIVE
reports, provided, however, that S.A.F.E. INITIATIVE members may retain copies of
such reports and records for their respective purposes.
Evidence shall be seized in accordance with each S.A.F.E. INITIATIVE member's
agency guidelines and all evidence seized in these operations shall be maintained by
the participating local member's agency's in whose jurisdiction the evidence was initially
seized absent special alternate arrangements. FDLE shall be entitled to conduct audits
and inspections of the S.A.F.E. INITIATIVE operations and records including the seizure
and handling of all evidence, property, or cash or any other aspect of Task Force
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.
Terms of Agreement
This MAA shall become effective upon signature of the authorized representative of the
parties, and shall remain in effect unless otherwise terminated until June 30, 2024. Any
party, upon thirty (30) days written notice, may terminate this MAA.
Page 8 of 9
This MAA represents the entire agreement between the Parties. Any alteration or
amendment of the provisions of this MAA shall only be valid upon being reduced to
writing, duly signed by authorized personnel of each of the parties and attached to the
original.
This Agreement shall remain in full force as to all participating agency Parties until or
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 S.A.F.E. INITIATIVE continues operations beyond June 30,
2024, the Agreement shall be automatically extended on a month-by-month basis, not
to extend past September 30, 2024, until such time as each participating Party has
ratified a revised or subsequent written Agreement. This Agreement supersedes any
prior agreements amongst the participating Agency Parties regarding the facilitating and
providing of technical assistance and equipment in criminal investigations in Florida.
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, and maintained by, the Office of the Office of the General Counsel (OGC),
Florida Department of Law Enforcement. Under no circumstances may this agreement
be renewed, amended, or extended except in writing. A copy of this agreement, with all
signature pages, will be filed with the FDLE Mutual Aid Office pursuant to statute.
IN WITNESS WHEREOF, the Commissioner of FDLE has signed below and the
authorized representative of the Agency Party has signed Addendum A (attached) on
the date specified.
/430;/42t,__
Mark ass, ommissioner, Date signed
Florida Department of Law Enforcement
Legal Review (attorney initials)
044.
Page 9 of 9
ADDENDUM A
Agency Party's Acceptance of the S.A.F.E. INITIATIVE Voluntary Cooperation Mutual Aid
Agreement
(Duration: Signature date to June 30, 2024)
Pursuant to F.S. 23.1225(3), this mutual aid 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.
Team standard operational area:
• Pensacola Regional Operations Center's area of responsibility consists of the following
counties: Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay, Jackson,
Calhoun and Gulf.
• Tallahassee Regional Operations Center's area of responsibility consists of the
following counties: Liberty, Franklin, Wakulla, Gadsden, Leon, Jefferson, Taylor, Dixie,
Lafayette, Suwanee, Columbia, Hamilton and Madison.
• Jacksonville Regional Operations Center's area of responsibility consists of the
following counties: Nassau, Duval, Clay, St. Johns, Flagler, Putnam, Marion, Bradford,
Union, Levy, Gilchrist, Alachua and Baker.
• Orlando Regional Operations Center's area of responsibility consists of the following
counties: Volusia, Seminole, Brevard, Indian River, Martin, St. Lucie, Osceola, Orange
and Lake.
• Tampa Bay Regional Operations Center's area of responsibility consists of the following
counties: Citrus, Sumter, Polk, Hardee, Hillsborough, Pinellas, Pasco and Hernando.
• Ft. Myers Regional Operations Center's area of responsibility consists of the following
counties: De Soto, Highlands, Okeechobee, Glades, Hendry, Collier, Lee, Charlotte,
Sarasota and Manatee.
• Miami Regional Operations Center's area of responsibility consists of the following
counties: Palm Beach, Broward, Dade and Monroe.
Page 1 of 2
Agency Party's Acceptance of the S.A.F.E. INITIATIVE Voluntary Cooperation Mutual Aid
Agreement
Agency Party: CITY OF BOYNTON BEACH POLICE DEPARTMENT
.pkn- Y' 1t4 ID1D°1-3
Agency Head: Name Of Chief Or Sheriff Date signed
Page 2 of 2