CopyCited 27 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 15774, 2006 WL 1716912
...To import Appendix I plants into the United
States, an importer must obtain (1) a valid export permit from the country of origin
and (2) a valid import permit from the United States Fish and Wildlife Service
(“USFWS”). See CITES, art. III at 1093-95; 50 C.F.R. § 23.12(a)(1)(i). To import
Appendix II plants into the United States, an importer must obtain a valid export
permit from the country of origin. See CITES, art. IV at 1095-97; 50 C.F.R.
§ 23.12(a)(2)(i)....
CopyCited 10 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 19496, 1996 WL 408108
...§ 3372(a)(1) and (a)(4)); (4) knowingly
engaging in the trade of wildlife specimens contrary to the
provisions of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora ("CITES") without first obtaining
a valid export permit and re-export certificate as required by
CITES and 50 C.F.R. § 23.12(b)(1) (in violation of 16 U.S.C....
CopyCited 7 times | Published | District Court, S.D. Florida | 19 Envtl. L. Rep. (Envtl. Law Inst.) 20101, 1988 U.S. Dist. LEXIS 5738, 1988 WL 63019
...s Act, 16 U.S.C. section 1538(c)(1), because the permit used to import them was not a valid foreign export permit. 50 C.F.R. section 23.1 (implementing Convention on International Trade in Endangered Species [hereinafter referred to as "CITES"]) and section 23.12 (requiring the issuance of a valid permit for importation of "Appendix II" species, including brotogeris versicolorus ); see also CITES Article VI(2)(b) (determination by a country's designated authority that the issuance of a particula...
...The federal regulations that implement CITES provide that "in order to import into the United States any wildlife ... listed in Appendix II from any foreign country, a valid foreign export permit issued by the country of origin ... must be obtained prior to such importation." 50 C.F.R. section 23.12(a)(2) (emphasis added)....
...The express language of the Endangered Species Act does not require that the permit be "fraudulently altered." The Act, and the federal regulations that implement it, merely require that it be proven that the permit was not in fact a " valid export permit." 16 U.S.C. section 1538(c)(1); 50 C.F.R. section 23.12(a)(2) (emphasis added)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2001 WL 685811
...The State contends that the seizure was valid because the warrant was obtained and executed pursuant to a voluntary cooperation agreement between the Tampa Police Department and the Hillsborough County Sheriff's Department, as authorized by the Florida Mutual Aid Act, section 23.12, Florida Statutes (1999)....
...rch warrant. The circuit court considered these facts as well as counsels' argument and suppressed the evidence on the ground that the Tampa police officers were acting outside of their territorial jurisdiction without any lawful authority to do so. Section 23.1225 authorizes three types of mutual aid agreements: a voluntary cooperation written agreement between two or more law enforcement agencies, a requested operational assistance written agreement, and a combination of the two. Our legislature concluded that such agreements were necessary because of the "possibility of the occurrence of natural or manmade disasters or emergencies and other major law enforcement problems." § 23.121(1)....
...These agreements help solve problems that cross jurisdictional lines and serve to enhance public safety. Id. One statutorily recognized purpose of mutual aid agreements is to "provide for a system for the receipt and dissemination of information, data, and directives pertaining to activities among law enforcement agencies." § 23.121(1)(c)....
...Here, the State contends that the first type of mutual aid agreement, a voluntary cooperation agreement between the Hillsborough County Sheriff's Department and the Tampa Police Department, supports the Tampa police detective's seizure of property outside the city limits. A mutual aid agreement authorized by section 23.1225(1)(a) permits "voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines." The statute explicitly recognizes the propriety of such activities as "establishing a joint city-county task force o...
...vidence in Lutz, an area outside the Tampa city limits and outside his territorial jurisdiction. The announced policy of the Florida Mutual Aid Act was to provide a means to deal with disasters, emergencies, and other major law enforcement problems. § 23.121(1)....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
...United States for the purpose of allowing state or local law officers to assist in the enforcement of federal law as may be authorized by the terms of the agreement. Part I of chapter 23 , Florida Statutes, constitutes the Florida Mutual Aid Act. 1 Section 23.121 , Florida Statutes, sets forth the policy and purpose of the act: Because of the existing and continuing possibility of the occurrence of natural or manmade disasters or emergencies and other major law enforcement problems, including t...
...3 The act recognizes that law enforcement assistance will cross jurisdictional lines under a mutual aid agreement. 4 A mutual aid agreement between law enforcement agencies in this state and any law enforcement agency of another state or of the United States or its territories has the status of an interstate compact. 5 Section 23.127 (1), Florida Statutes, provides: Any employee of any Florida law enforcement agency who renders aid outside the employee's jurisdiction but inside this state pursuant to the written agreement entered under this part has the same powers...
...nder this part shall have such powers, duties, rights, privileges, and immunities as the parties agree are consistent with the laws of the jurisdiction involved and with the purposes for which such agreement was entered. (e.s.) The first sentence of section 23.127 (1) provides that law enforcement officers rendering aid outside their jurisdiction but within the state have the same powers as if they were performing such duties within their jurisdiction. The second sentence of section 23.127 (1), however, provides that employees rendering aid pursuant to an interstate mutual aid agreement may exercise such powers as the parties agree are consistent with the laws of the jurisdictions involved and the purposes for which the agreement was entered....
...forcement agency of the United States for the purpose of allowing state or local law officers to assist in the enforcement of federal law as may be authorized by the terms of the agreement. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section
23.12 , Fla. Stat. (1993). 2 Section
943.03 (7), Fla. Stat. (1993). Thompson v. State,
342 So.2d 52 (Fla. 1976) (FDLE was created to provide the means for statewide enforcement of the criminal laws of Florida). 3 See, s.
23.1225 (1)(a), (b), and (c), Fla....
...stance, the agency that has command and supervisory responsibility, a time limit for the agreement, the amount of any compensation or reimbursement to the assisting agency, and any other terms and conditions necessary to give it effect. 4 See, e.g., s. 23.1225 (1)(a), Fla. Stat. (1993), describing voluntary cooperative agreements permitting assistance of a law enforcement nature across jurisdictional lines. 5 Section 23.127 (4), Fla....
