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

require a transfer of power from me municipality to another. Rather, R is a contract with ultimate supervision of the law enforcement power remaining in the municipality receiving the assistance. [ FN TO] As previously concluded by this office, police officers serving outside their jurisdiction pursuant to the Mutual Aid Act have extraterritorial law enforcement power to reader aid in the jurisdiction they are called to assist, without the necessity of being deputized by the governing body of the jurisdiction assisted [ FNI I] Use of a mutual aid agreement would appear to be limited in its scope and would not contemplate a complete as- sumption of law enfocwent services by an assisting law enforcement agency. As recognized by the act itself, the use of mutual aid agreements should more appropriately be confined to specific law enforcement activities in which two or more law enforcement agencies jointly provide assistance to each other. In instances where a mu- nicipality has no police department and seeks to contract for a full complement of law enforcement services, the municipality may contract with the sheriffwhom jurisdiction includes the city. [FN 12] Accordingly, it would appear that the City of Edgewater may not contract with another municipality to assume all law enforcement services for the municipality by a mutual aid agreement entered into under Pm L Chapter 23, Florida Statutes. In loan=" where a municipality has no police department and seeks to contract for law enforcement services, the municipality may contact with the sheriffwhose jurisdiction includes the city. Robert A. Butterworth Sincerely, Attorney General FNI]. See, s. 166.021( 3xa), Fla. Stet. ( 1995), stating thannmicipal home rule powers do not extend to " the subjects of amexation, merger, and exercise of extraterritorial power, which require general or special law pur- suant to s. 2( c), Art VIII of the State Constitution." 02011 Thomson Reuters. No Claim to Orig. US Gov. Works. httpS: / /Web2.We tlaw .conVprinttprintstreatn.aspx?fn _ top& rs= WLWI1. 04 &pbo =B 115574... 6/ 16/ 2011  Page 5 of 5 Fla AGO 96- 7& 1996 WL 661152 ( P1aA. G.) Page 4 FN21. See, Ramer v. State, 530 So. 24 915 ( Fla 1988) ( city police officer lacked authority m seize vehicle on private property outside city limits); Collins v. State, 143 So. 2d 700 ( Fla. 2d DCA 1962), cert. denied, 148 So. 2d 280 ( Fla 1962). FN3]. Section 90125(2), Fla Stat, provides: Any duly authorized state, county, or municipal arresting officer is authorized to arrest a person outside his jurisdiction when in fresh pursuit Such officer shall have the same authority to arrest and hold such person in custody outside his jurisdiction, subject to the limitations hereafter set forth, as has any authorized arrest- ing state, county, or municipal officer of this state to arrest and hold in custody a person not arrested in fresh pursuit. FN4]. See, s. 901252, Fla Star ( 1995). FN5]. See, Op. Att'y Gen. Fla 90-77 ( 1990) ( dual referenda required to transfer ultimate responsibility for su- pervising law enforcement services from the Port Everglades Authority to a municipality; however, general or special law is required before municipality may exercise extraterritorial law enforcement powers on behalf of the authority outside its municipal boundaries) and 82 -52 ( 1982) ( cross swearing of police officers in neighbor- ing municipalities to perform law enforcement services in each others jurisdiction must comply with as. 2c and 4 , Art. VIII, State Conw.; also recognizing the use of Part I, Ch. 23, Fla Stat., to allow extraten'itorial exercise of law enforcement services by municipalities pursuant to a mutual aid agreement). FN6]. Section 23. 121( Ixa), Fla Star. ( 1995). FN71. Section 23. 121( Ixg), Fla Stet ( 1995). FNS]. See, s. 23. 1225( 1), Fla Stat ( 1991). FN9]. Section 23. 1225( 1), Fla Stat. ( 1991), was amended by s. 3, Ch. 92 -165, Laws of Florida, to delete the re. mbmsemmt proscription and added the present language allowing compensation and reimbursement to assist - ing agencies. FN10]. See, Op. Atty Gen. Fla 90 -84 ( 1990). FNI l]. See, Op. Atry Gan- Fla 82 -52 ( 1982) ( law enforcement services provided pursuant to s. 23. 12251 , Fla. Stat., do not require " cross swearing" of officers). FN12]. Cf, Op. Arty Gen. Fla 93 -93 ( 1993) ( town may contract for provision of the town' s law enforcement functions by the sheriff without referendum approval where town retains authority to cancel the contract and has not abrogated its ultimate responsibility to supervise the law enforcement functions). Fla AGO 9& 78, 1996 WL 661152 ( FIaA.G.) END OF DOCUMENT O 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. https!/ web2. westlaw .wm/print/printstream.aspx?fir top& rs =WLWI 1. 04& pbc= B115574... 6/ 16/ 2011  Page 2 of 4 Wd& VV. Fla AGO 2005- 26, 2005 WL 1271339 MaA.G.) Page 1 CFla AGO 2005-26, 2005 WL 1271339 (FIaA.G.) Office of the Attorney General iNarneU en& r State of Florida AGO 2005 -26 pPl n /o 4 April 20, 2005 RE: MUNICiPALrfWS -LAW ENFORCEMENT -MUTUAL AID AGREEMENTS --municipality may not use mutual aid agreement to assume all law enforcement services for another municipality. a. 23. 1225, Fla Stat; Art VII, a. 2, Fla. Crust Chief Thomas A. Magill Hallandale Beach Police Department 400 South Federal Highway Hallandale Beach, Florida 33009 -6433 Dear Chief Magill: You ask substantially the following question: May the City of Hallandale Beach provide police services to the City of Westpark? According to your letter, the new City of Wesipmk has inquired whether the City of Hallandale Beach could provide police services to Wes" A. You are aware of Attorney General Opinion 96 -78, which concluded that there was no statutory authority for the complete transfer of law enforcement services from one municipality to another. As that opinion recognized, a municipality' s powers generally end at its boundaries and cannot, absent statutory authority, he exercised beyond the city's limits. [ FNI] Thus, absent statutory authority, a municipal price o€ finer has no power to act as a police officer in ay part of the worry or state outside the corporate limit in which the officer is employed. [ FN2] Pan L Chapter 23, Florida Sonoma, the ' Florida Mutual Aid Act," is the statutory authorization that creates a state law enforcement mutual aid plan providing for the coordination of law enforcement planning, operations, and mutual aid across jurisdictional lines. The Legislature has determined that it is necessary "[ t]o allow a law enforcement agency to enter into a mutual aid agreement with another law enforcement agency of this stars or my other state or with any law enforcement agency of the United States or its territories." [ FN3] Section 23. 1225, Florida Statutes, defines the term " mutual aid agmemem" to include a written agreement between two or more law enforcement agencies permitting voluntary cooperation and assistance of a routine law enforcement name across jurisdictional lines. [ FN4] The agreement must specify the nature of law enforn ment assistance that will be readered, the agency or entity that will assume liability arising 9om acts performed under the agreement, the procedures for requesting and authorizing assistance, the agency or entity with command or 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. https:// web2. westlaw c. om/priDVprintstreatn. mpx ?fn= top& rs= WLWI1. 04Bcpbc= D6384F8... 6/16/2011  Page 3 of 4 Fie. AGO 2005- 26, 2005 WL 1271339 ( FIaA.G.) Page 2 supervisory authority, the duration of the agreement any compensation or reimbursement due an assisting agency, and any other terms and conditions necessary to give the agreement effect [ FN5] The act gives ex- amples of activities that may be addressed in a voluntary cooperation agreement including the establishment of ajoint city-county traffic enforcement task force. [ FN6] This office, however, has stated that mutual aid agreements do not contemplate a complete assumption of law enforcement services by an assisting agency, but are more limited in scope. The act itself recognizes that mutual aid agreements should be used for specific law enforcement activities in which two or more law enforcement agencies jointly provide assistance to each other. A mutual aid agreement does not require the transfer of law en- forcement powers from one municipality to another, but is a contract with the supervision and ultimate central over such law enforcement activities prescribed in the wrium agreement. [ FN71 2 Thus, this office stated in Attorney General Opinion 96 -78 that a city may not use a mutual aid agreement for complete assumption of law enforcement services in an adjoining municipality. In those instances where a muni- cipality has no police depa ment and seeks to contract for law enforcement services, this office has stated that a municipality may contract with the sheriff whose jurisdiction includes the municipality. [ FN8] While the Florida Mumal Aid Act bas been emended several times since Attorney General Opinion 96- 78 was issued, such amend- ments do not alter the conclusions reached in that opinion. [ FN9] Accordingly, I am of the opinion that while the City of Westpark and the City of Hallandale Beach may enter in- to a mutual aid agreement for the voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines or far the rendering of assistance in a law enforcement emergency, [ FNI01 the provi- sions of Part L Ch. 23, Florida Statutes, may not be used fo the City of Hallandale Beach to assume the opera- tion of all law enforcement functions within the City of Weslpark. Charlie Crist Sincerely, Attorney General FNI]. See, e.g., Ramer v. State, 530 So. 2d 915 ( Fla 1988) ( city police officer lacked specific authority to seize vehicle out private property outside city limits); Collins v. Stale, 143 So. 2d 700 ( Fla 2nd DCA 1962), cert. denied, 148 So. 2d 280 ( Fla 1962). Cf Art VIII, s. 2( c), Fla Const, providing that municipalities may exercise extraterritorial powers only if authorized by general or special law, and s. 166.021( 3)( a), Fla. Star, stating that municipal home role powers do not extend to ` the subjects of annexation, merger, and exercise of extraterritorial power, which require general or special law pum ent to s. 2( e), Art VIII of the State Constitution." FN2]. See Ops. Att'y Gen. Fla. 99 -22 ( 1999) and 71 -22 ( 1971). Bid see s. 901. 25(2), Fla. Stat. ( municipal police officer authorized to make arrests outside officer's jurisdiction if in fresh pursuit); s. 901. 252, Fla Sot. municipal police officer may