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HomeMy Public PortalAbout2023-71 Approving a Memorandum of Understanding relating to the enforcement of Human-Trafficking LawsRE S O L U T IO N N O . 2 0 2 3 -71 A RE S O L U T I O N O F T H E V IL L A G E C O U N C IL O F T H E V I L L A G E O F KE Y B IS C A Y N E , F L O RI D A , A P P R O V IN G A M E M O RA N D U M O F U N D E R S T A N D IN G B E T W E E N T H E V I L L A G E A N D T H E M IA M I-D A D E S T A T E A T T O RN E Y 'S O F F I C E RE L A T I N G T O T H E E N F O R C E M E N T O F H U M A N -T RA F F I C K IN G L A W S A N D P A R T IC IP A T IN G IN A N T I -T RA F F I C KI N G E F F O R T S ; P R O V ID IN G F O R A U T H O R IZ A T I O N ; A N D P R O V ID IN G F O R A N E F F E C T I V E D A T E . W H E RE A S , the Village of Key Biscayne (the "Village") has historically entered into agreements with the Miami-Dade State Attorney's Office ("SAO") to provide voluntary cooperation and assistance across jurisdictional lines; and WHEREAS, the Village and the SAO recognize the value of establishing a collaborative relationship to better enforce anti-trafficking laws and serve the community in its anti-trafficking efforts; and WHEREAS, the Village and the SAO wish to enter into a Memorandum of Understanding ("MOU") to enforce human-trafficking laws and participate in anti-trafficking efforts; and WHEREAS, the Village Council desires to approve the MOU and authorize the Village Manager to enter into the MOU with the SAO, in substantially the form attached hereto as Exhibit "A"; and WHEREAS, the Village finds that this Resolution will promote the health, safety and welfare of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Approval. That the Village Council hereby approves the MOU between the Village and the SAO, in substantially the form attached hereto as Exhibit '"A." Section 3. Authorization. That the Village Manager is hereby authorized to execute the MOU, in substantially the form attached hereto as Exhibit "A," subject to the approval of the Village Attorney as to form, content, and legal sufficiency. Section 4. Effective Date. That this Resolution shall take effect immediately upon adoption. PASSED and ADOPTED this 14th day of November , 2023. ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~J~ WEISS SEROTA HEISMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY E X H IB IT A STATE ATTORNEY ELEVENTH JU DI CIAL CIRCUIT OF FLORID A E. R GRA HAM BUILD IN G I350 N.W. 12TH AVENUE M IAMI, FLO RID A 33136-2111 K ATHE RI NE FERN ANDEZ RUNDLE TELEPHONE (305) 547-0100 STATE ATTORN EY www .miamiSAO.com STATE ATTORNEY'S OFFICE, HUMAN TRAFFICKING TASK FORCE, MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into by the Miami­ Dade State Attorney's Office (hereinafter "SAO") and the City of Key Biscayne Police Department (hereinafter "KBPD"). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between the agencies involved. The parties recognize the value of establishing a ~ollaborative relationship to better enforce anti-trafficking laws and serve the community in its anti-trafficking efforts. The Parties agree to enter into this partnership with the specific and mutual goals of rescuing and assisting victims of human trafficking, investigating and arresting those engaged in human trafficking, educating the law enforcement community how they may be encountering human trafficking during their service to our community, and proactively seeking ways to eradicate human trafficking in Miami Dade County, The Parties recognize the SAO and KBPD each have overlapping investigative jurisdictional powers and duties in Miami-Dade County. These powers and duties cause them to investigate violations of the laws of the State of Florida county wide. These powers and duties can also at times cause them to unknowingly receive the same tips and/or investigate the same cases. The Parties recognize to be efficient and effective in their mutual goals, it is necessary to establish an agreement delineating collaboration, responsibilities, and distributions of investigations. This agreement amongst the parties is in no way meant to relinquish or forfeit any jurisdictional powers or duties each party is afforded by the State Constitution, State Statutes, County Code, Municipal Charters, etc. IT IS THEREFORE AGREED that to promote collaboration, efficiency and effective investigations throughout ALL police jurisdictions located within the county of Miami-Dade, also known as the Eleventh Judicial Circuit, SAO and KBPD agree to partner, collaborate, and operate jointly through the Miami-Dade State Attorney's Office Human Trafficking Task Force (hereinafter "SAO HTTF"). Page 1 of9 Miami-Dade State Attorney's Office Human Trafficking Task Force Memorandum of Understanding S T A T E A T T O R N E Y ELEV EN T H JU DI C IA L CIR CU IT O F FLO RID A E. R G RA H A M BU ILD IN G 1350N .W . 12T H A V EN U E M IA M I, FLO R ID A 33136-2111 K ATHERINE FERNANDEZ RUNDLE T ELE PH O N E (305) 547-0100 ST A TE ATTORNEY www.miamiSAO.com COMPOSITION OF THE SAO HTTF The SAO HTTF is a combined enforcement effort led by the SAO with the participation of local, state, and federal law enforcement agencies operating in Miami-Dade County. The effort was started in 2012 by the Honorable Katherine Fernandez Rundle in response to national reports indicating Florida ranks number three nationally in human trafficking cases and Miami-Dade ranks number one. The Parties recognize the number oflocal, state, and federal law enforcement agencies that make-up the SAO HTTF has, and will vary at times, depending on staffing limitations and emergency declarations affecting the individual law enforcement agencies. The participation of SAO investigators, SAO Assistant State Attorneys, and SAO employees at the SAO HTTF is and will remain constant and-prevailing, thereby making the SAO the lead agency. Assignment of personnel to the SAO HTTF is based primarily on ability and performance, not necessarily experience. Selection of personnel that will be assigned to the SAO HTTF is at the discretion of the respective agencies. Agencies are encouraged to select candidates within their departments who are able and willing to proactively pursue complex investigations, and who are willing to collaborate with other agencies. All personnel assigned must possess strong writing skills and a personal drive that will cause them to want to investigate claims, even when victims are uncooperative. Participating agencies are encouraged to meet with the SAO HTTF Command Staff to discuss assignment of personnel and help select the candidates to be assigned. The selected personnel will then be subject to background checks made by the SAO, to ensure he/she is in good standing, before final acceptance into the SAO HTTF. SAO HTTF MISSION STATEMENT "To turn victims into survivors by providing them with not only the will to do this, but by assisting them through the process with impeccable victim services, law enforcement support, and successful prosecution of their offenders." POLICY AND DIRECTION The SAO HTTF will operate under a trauma-informed model that is victim centered. All investigations will be treated as complex and approached with an expectation that investigations can and will likely continue beyond the arrest stage. Page 2 of 9 Miami-Dade State Attorney's Office Human Trafficking Task Force Memorandum of Understanding S T A T E A T T O R N E Y ELEVENTH JU DI CIAL CIRCUIT OF FLO RID A E. R GRA HAM BUILD IN G 1350 N.W . 12TH AVENUE M IAM I, FLORID A 33136-2111 K A T HE RI N E FE R N A N D E Z R U N D L E TE LEPHONE (305) 547-0100 STATE ATTORN EY The parties acknowledge human trafficking cannot be eradicated solely by the SAO HTTF; therefore, additional partnerships will be continuously sought, and multifaceted and multidisciplinary approaches will be undertaken to combat this horrible scourge that affects our community. Rescues, recoveries, and assistance to human trafficking victims will be undertaken by SAO HTTF members regardless ifthere is a prosecutable case or not, and in an environment where service delivery is not linked with victims' willingness to serve as witnesses in prosecutions. SAO HTTF members will also be expected to promote collaboration with other human trafficking task forces, NGOs, and service providers. The Parties recognize human trafficking does not occur within delineated times or days. Therefore, members assigned to the SAO HTTF can and will have work schedules that may need to change depending upon need. ROLES AND RE SPONSIBILITIES www .miamiSAO.com The State Attorney's Office Human Trafficking Taskforce will: 1. Provide SAO HTTF members the jurisdictional powers to investigate HT crimes throughout Miami-Dade County. All full-time and part-time SAO HTTF law enforcement members will be sworn in pursuant to Florida Statues §27.251 and §27.255 (2020), as SAO Special Investigators and/or SAO Investigators. 2. Provide SAO HTTF members with the office space needed to house the enforcement effort. All SAO HTTF members will be provided with a SAO HTTF e-mail address, workspace, and access to the Institute for Coordination and Prosecution (ICAP) building, facilities, and shared files. 3. SAO HTTF members will work closely with KBPD Detective/s to investigate leads, tips, and reports which contain indications or allegations of human trafficking. 4. When applicable, SAO HTTF Investigator/s and Victim Specialist's will respond to site locations with KBPD Detective/s to investigate human trafficking allegations. 5. Assist KBPD with interviewing suspected victims, minors, and witnesses to determine if they are being exploited through sex or labor trafficking. Page 3 of9 Miami-Dade Stare Attorney's Office Human Trafficking Task Force Memorandum of Understanding S T A T E A T T O R N E Y ELEVENTH JUDI CIAL CIRCUIT OF FLORID A E. R. GRA HAM BUILDIN G 1350N.W . 12TH AVENUE M IAMI, FLO RID A 33136-2 I I I KATHERINE FERNANDEZ RUNDLE TEL EPHONE (305) 547-0100 STA TE ATT ORN EY www .miamiSAO.com 6. Work in unison to develop safety plans and treatment plans for the victim. 7. Provide training to KBPD Detective/s on how to identify victims of human trafficking, how to conduct trauma informed investigations that are victim centered, and how to respond to calls for assistance. 8. Provide workspace to KBPD Detective/s to ensure a better working relationship and encourage better communication and collaboration. 9. Work with KBPD to help further develop best practices and protocols in responding to incidents and investigations of human trafficking. 10. SAO HTTF Paralegal/s and the Crime Analyst will assist KBPD Detective/s with subpoena requests and crime analytical assistance and support. 11. SAO HTTF Command Staff will provide law enforcement supervision for KBPD Detective/s assigned to the SAO HTTF to ensure KBPD Detective/s are actively investigating the HT leads assigned to them, properly documenting their investigations, complying with best practices pursuant to police standards, and following trauma informed investigations that are victim centered. 12. SAO HTTF Command Staff will keep KBPD Command staff appraised of disciplinary issues, overtime requests, and funding opportunities that may be available to reimburse the department for overtime incurred. 13. SAO HTTF Assistant State Attorney(s) will provide KBPD Detective/s with support to ensure prosecutable cases are developed. Support includes: search warrant review, electronic investigatory tool application and warrant approval and review, and assistance with identifying state laws which are applicable to their investigations. 14. Upon request, participating agencies will be provided with an update as to the program, direction and accomplishments of the SAO HTTF. Page 4 of 9 Miam i-Dade State Attorney's Office Human Trafficking Task Force Memorandum of Understanding S T A T E A T T O R N E Y ELEV EN TH JU DI CIAL CIRCUIT OF FLORID A E. R. G RA H A M BUILDIN G 1350 N .W . 12T H AVENU E M IA M I, FLO RID A 33136-2111 K ATHE RI NE FERNANDEZ RUNDLE T ELEP H O N E (305) 547-0100 ST ATE ATTORN EY www .miamiSAO.com The Key Biscayne Police Department will: 1. Assign Detective/s that will be designated to work FULL-TIME or PART-TIME in the SAO HTTF. 2. Provide the SAO HTTF Command Staff with the necessary credentials and background information for the assigned detective to ensure he/she can be approved for acceptance onto the SAOHTTF. 3. Provide contact information for the KBPD Command Staff that should be contacted with updates, information, or disciplinary requests. 4. Maintain KBPD Detective's law enforcement credentials, in accordance with locals, state and federal regulations. The KBPD Detective will: a. Serve as a liaison/resource officer between the KBPD and the SAO HTTF, to report and refer tips and leads brought to the attention of KBPD officers. b. Assist the SAO HTTF with investigating DCF tips/leads, SAO Hotline tips or leads, and conducting proactive investigations and operations. c. Maintain investigative files relating to SAO HTTF investigations at the ICAP building and according to SAO HTTF protocols. d. Comply with KBPD SOP's and SAO HTTP SOP's, and notify SAO HTTF anytime KBPD SOP's conflict with SAO HTTF SOP's. e. Comply with all applicable U.S. federal, state and local laws and regulations. f. Report to ICAP building during the hours the KBPD detective is assigned to work with the SAOHTTF. g. Abide by instruction provided by SAO HTTF Command Staff. h. Promote a collaborative environment with all members and agencies in the SAO HTTF. Page 5 of9 Miami-Dade State Attorney's Office Human Trafficking Task Force Memorandum of Understanding S T A T E A T T O R N E Y ELEVENTH JUDICIAL CIRCUIT OF FLORIDA E. R. GRAHAM BUILDING 1350N.W. 12THAVENUE MIAMI, FLORIDA 33136-2111 KATHERINE FERNANDEZ RUNDLE TELEPHONE (305) 547-0100 STATE ATTORN EY www.miam iSAO.com i. Provide trainings, for their department on how to identify human trafficking and report it to the SAO HTTF. FULL TIME MEMBERS Each participating agency assigning a full-time member to the SAO HTTF, further acknowledges: 1. All work tasked to full-time members will go through the SAO HTTF Command Staff and adhere to the unity of command. 2. Report on a full-time basis to the ICAP building and to the SAO HTTF Command Staff. 3. May have to adjust working hours based on a need of the SAO HTTF. 4. Be on-call on a rotation basis alongside other SAO HTTF members, for emergency calls or operations. 5. Investigate tips/leads/allegations arising out of jurisdictions in the municipality the member is employed by, as well as throughout Miami-Dade. 6. Seek permission for overtime according to agency protocols and inform SAO HTTF Command Staff of restrictions therein. FUNDING Each participating agency agrees to provide the full-time services of its assigned respective personnel for the duration of this initiative. Participating agencies agree to assume all personnel costs for their respective task force representatives, including salaries, overtime payments and fringe benefits. Subject to funding availability through grants, the SAO will reimburse overtime expenses for SAO HTTF members to the participating agencies provided the overtime expenses were incurred because of SAO HTTF related duties. Each participating agency agrees to assist the SAO Page 6 of9 Miami-Dade State Attorney's Office Human Trafficking Task Force Memorandum of Understanding S T A T E A T T O R N E Y ELEVENTH JU DI CIAL CIRCUIT OF FLORID A E. R. GRA HAM BUILDIN G 1350 N.W. 12TH AVENUE MIAM I, FLO RID A 33136-2111 K ATHE RI NE FERN ANDEZ RUNDLE TELEPHONE (305) 547-010 0 STATE ATT ORN EY to comply with all overtime expense reporting requirements imposed by local, state, and/or federal grant administrating agencies (e.g. Grants through South Florida HIDTA, etc.). RICO CIVIL FORF EITURE S Proceeds from any RICO Civil Forfeiture actions related to the SAO HTTF shall be deposited into the SAO RICO Trust Fund and used to further SAO RICO investigations and initiatives in accordance with, and pursuant to Florida Statutes §895.09. MEDIA All news released pertaining to SAO HTTF investigations and/or arrests will be coordinated by the SAO Media Personnel and respective agency Public Information Office's. Credits, acknowledgements, and attendance at any press Conference or events will be provided to all the participating agencies of the SAO HTTF. No press releases shall be made disclosing the address of the ICAP building which houses the SAO HTTF, the identities of the individual members of the SAO HTTF, or the identities of any of the victims being assisted by the SAO HTTF. USE OF FORCE SAO HTTF members will strictly adhere to their respective agencies use of force policies and rules. In addition to the required agency notifications if force is utilized, the SAO Command Staff must also be notified immediately. EQUIPMENT Each agency will be responsible for providing vehicles, communications equipment, and other law enforcement equipment needed by members to perform their duties. OTHER www .miamiSAO.com Location: The office/work space will be located within the ICAP Building located at 1390 NW 14th Avenue Miami, FL 33126. Page 7 of 9 Miami-Dade State Attorney's Office Human Trafficking Task Force Memorandum of Understanding S T A T E A T T O R N E Y ELEVENTH JUDI CIAL CIRCUIT OF FLO RID A E. R GRAH AM BUILD ING 1350N .W . 12TH A VENUE M IAM I, FLO RID A 33136-2111 K ATHE RINE FERN ANDEZ RUNDLE TELEPHON E (305) 547-0100 STATE ATTORN EY www .m iamiSAO.com Expenses for location: SAO is providing the space referenced herein without cost or expense (rent, utilities) to KBPD. Use of Premises: KBPD will not make or allow any unlawful or improper use of the premises or any use or occupancy thereof contrary to applicable federal, state, and local laws or the Ordinances of the City and/or County, and or SAO policies, in which the demised premises are located, now or hereinafter made, as may be applicable. KBPD shall have free use of the common areas (restrooms, client parking, conference rooms, lobby seating) and of designated workspace, as determined by the SAO HTTF Command Staff and subject to availability. Term: The term of the MOU shall take effect on the date which the MOU has been executed by all parties, and it shall remain in effect until terminated by the parties in writing. A party may terminate this MOU or withdraw from the SAO HTTF at any time, for any reason, by providing a 30-day Written notice of such intent. Katherine Fernandez Rundle State Attorney for the Eleventh Judicial Circuit, also known as the Miami-Dade Sate Attorney's Office Date Frank Sousa Chief of Police City of Key Biscayne Police Department Date Counterp arts and Electro nic Signatures. This Agr eem ent may be executed in any number of counterparts, each of which so executed shall be deem ed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transm it an electro nic signature of this Agreem ent (whether by fa csim ile. PDF or other email tra nsm ission), which signature shall be binding on the party w hose nam e is contained therein. Any party pro viding an electro nic signature agrees to pro m ptly execute and deliver to the other parties an original signed Agreem ent upon request. Page 8 of9 Miami-Dade State Attorney's Office Human Trafficking Task Force Memorandum of Understanding ST A T E A T T O R N E Y ELEVENTH JUDICIAL CIRCUIT OF FLORIDA E. R. GRAHAM BUILDING 1350 NW. 12TH AVENUE MIAMI, FLORIDA 33136-21 l l KATHERINE FERNANDEZ RUNDLE TELEPHONE (305) 547-0100 STATE ATTORNEY Attest: By: City Manager Date: By: City Clerk Date: Approved as to Form and Correctness: By: City Attorney Date: Approved as to Insurance Requirements: By: Director of Risk Management Date: www .miamiSAO.com Page 9 of9 Miami-Dade State Attorney's Office Human Trafficking Task Force Memorandum of Understanding