Fort Walton Beach Council agenda — 08-23-11 regular — reading text

certain after due public notice. m Section 3. Effective Date This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. Adopted: Mike Anderson, Mayor Attest: Approved for legal sufficiency. Helen Spencer, City Clerk Hayward Dykes, City Attorney  12. t.a New language is underlined. Deleted language is str-ie# ee. Codification Instructions: Section 1 and 3 not codified. Sections 2 codified and numbered as stated into Volume 11, Code of Ordinances. 00M v N9WcLu afbdQgmEc Packet Pg. 34 ATTACHMENTS: 8 -9 -11 Fort Walton Beach Airport Security T') M SIGNATURE BLOCK: Carole Jones Completed 07/29/ 2011 1: 38 PM Carole Jones Completed 07/ 29/2011 1: 38 PM City Manager Completed 08/ 01/ 20114: 13 PM City Council Completed 08/ 18/ 20112: 40 PM Packet Pg. 35  C, Page 2 of 5 wdsi6va Fla AGO 96-78, 1996 WL 661152 (FIaA.G.) Page t CFla AGO 96M, 1996 WL 661152 (Fla-A.G.) Office of the Attorney General State of Florida Ohney V r'• AG0 96-78 l en Ll October 9, 1996 RB: MUNICIPALITIES — LAW ENFORCEMENT—MUTUAL AID AGREEMENTS—SHERIFFS—CODE EN- FORCEMENT—municipality may not use mutual aid agreement to assume all law enforcement services for an- other municipality; sheriff may contract to provide law enforcement services to municipality. Port 4 Ch. 23, Parts B and Ili, Ch. 162, Fla. Sort. Chief Clarence L. Bass Edgewood Police Department 405 I,arue Avenue Edgewood, Florida 32809 Deer Chief Bass: You ask substantially the following questions: Under what circumstances may a municipal police department provide law enforcement services to another municipality? In sum: While a mutual aid agreement entered into pursuant to Part 1, Chapter 23, Florida Statutes, allows one muni- cipality to provide assistance to another municipality on a cified. e a "'° them is nn nIWIQW - thhorry for the con" olata transfer of t —^ > ^ rcement services from one mmaci>j alit —i * o . r where super- vision and control of the services are vested in the municipality providing such services. In instances where a municipality has no police department and seeks to contact for law enforcement services, the municipal- ity maw ContraU with to sheriffwhosejurisdtcffon includes the city_ You state that a municipality adjoining the City of Edgewood hamo police department and currently hires off - duty sheriffs deputies to provide patrol services. In light of potential increased costs of obtaining police services from to county, the municipality wishes to contract with the City of Edgewood to provide such services. Sever- al issues have been raised regarding this arrangement, including whether Edgewood police officers would have to be sworn by the other municipality or whether a mumal aid agreement would have to be used. Article VEI, section 2( c), Florida Constim6on, provides that the ` exercise of extra -te cipalities shall be as provided by general or special law:' Thus, the grant of municipi not extend to the exercise of extraterritorial power. [ FNII The powers of a municip powers, generally cease at the municipal boundaries and cannot, absent statutory audw ,/„ 1' , side the city's limits. [FN2] At" V" — " Q Oplr\ t,, tI 02011 Thomson Reuters. No Claim to Orig. US Gov. Works. httpsJ /web2.ve daw.com/prinVpmtstre wpx?fn= _top& t VILWI1. 04& pbv -B 115574... 6/ 16/ 2011  Page 3 of 5 Fla AGO 96- 79, M6 WL 661152 ( FIa. A. G.) Page 2 This office in Attorney General Opinion 71 -72 ( 1971) concluded that a municipal police officer outside the cor- porate limits of the city could not conduct a criminal investigation, unless such officer worked in partnership with a law enforcement agency having jurisdiction over the subject of the investigation and the place. The opm- ion recognized that a municipal police officer lacks any power or authority as a police officer in any part of the stme beyond the corporate limits of the city where the officer is employed, and any action by the officer would be subject to review as if it were the action of a private citizen. The Legislature has provided stammry authority for municipal police officers to exercise then powers exhater- ritorially under certain circumstances. For example, section 901. 25, Florida Statutes, authorizes a municipal po- lice officer to make arrests outside the officer's jurisdiction, if the officer is in fresh pursuit. [ FN3) Additionally, a municipal police officer may patrol municipally -owned property and facilities that are located outside of the municipal boundaries, and " when there is probable cause to believe a person has committed or is committing a violation of store law or of a county or municipal ordinance on such property or facilities, may take the person into custody and detain him in a reasonable manner and for a reasonable time." [ FN4] 2 Section 4, Article VIII, State Constitution, provides for the transfer or contracting of powers among counties, municipalities, or special districts. Pursuant to this conammonal provision: By law or by resolution of the governing bodies of each of the governments affected, any function or power of a county, municipality or special district may be transferred to or contracted an be performed by another county, municipality or special district, after approval by vote of the electors of the transferor and approval by vote of the electors of the transferee, or as otherwise provided by law. This office has stated, however, that sections 2 and 4 of Article VIII, State Constitution, must be read together when a municipality transfers or contracts out municipal functions or powers. [ PN5] Thus, while a municipality may seek to transfer its police power or function by using section 4, Article VIII, it is bound by the requirement of a special or general law authorizing the exercise ofextraterritorial powers prescribed in sectimh 2, Article VIII . Pert 1, Chapter 23, Florida Statutes, the " Florida Mutual Aid Act," creates a state law enforcement mutual aid plan that provides for the coordination of law enforcement planning, operations, and mutual aid. [ FN6] To carry out this plan, the Legislature has found it necessary to " allow a law enforcement agency to enter into a mutual aid agreement with mother law enforcement agency of this state or any other state or with any law enforcement agency of the United Sur es or its territories." [ FN7] Section 23. 1225( lxa), Florida Statutes, defines me type of mutual aid agreement as: A voluntary cooperation agreement, in wrift between two or more law enforcement agencies which par- mits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. The agreement must specify the aatue of the law enforcement assistance to be rendered, the agency that shall ben any liability arising from was undertaken under the agreement, the procedures for requesting and fm authorizing assistance, the agency that has command and supervisory responsibiljty, 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 An example of the use of a voluntary moperaton agreement is to provide fa ajomt city- county task force on narcotics smuggling. Previously, there was a prohibition against my law enforcement agency receiving reimbursement from my other law enforcement agency under a voluntary cooperation agreement [ FNS] This prohibition was removed, 02011 Thomson Reuters. No Claim to Orig. US Gov. Works. httpsJ /web2.wesdaw.wm/ print p/ rintsure . W-v x?fn= _top& rs= WLWI1. 04& pbc= B115574... 6/ 16/ 2011  Page 4 of 5 Fla AGO 96- 78, 1996 WL 661152 M". GJ Page 3 however, and now compensation and reimbursement for services rendered by an agency arc authorized by the act [ FN9] The act recognizes that law enforcement assistance may cross jurisdictional lines under a mutual aid agreement In further recognition of the extraterritorial exercise of law enforcement, section 23. 127, Florida Statutes, provides: 3 ( 1) Any employee of any Florida law enforcement agency who renders aid outside the employee's juris- diction but inside this state pursuant to the written agreement entered under this part has the seen, powers, duties, rights, privileges, and immunities as if the employee was performing duties inside the employees jurisdiction.... wx+ 3) The privileges and immunities from liability, exemption from laws, ordmances, and rules, and pension, insurance, relief, disability, workers" compensatioa, salary, death, and other benefits that apply to the acsiv- ity of an employee of an agency when performing the employees duties within the territorial limits of the employees agency apply to the employee m the same degree, mamer, and extent while engaged in the per- formance of the employees" duties extra territorially under the provisions of the mutual aid agreement This section applies To paid, volunteer, and auxiliary employees. A mutual aid agreement entered into pursuant in Part 1, Chapter 23, Florida Statures, would not appear to