Senate Bill 1932c1

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    Florida Senate - 1998                           CS for SB 1932

    By the Committee on Criminal Justice and Senator Dudley





    307-1734A-98

  1                      A bill to be entitled

  2         An act relating to mutual aid agreements;

  3         amending s. 23.1225, F.S.; redefining the term

  4         "mutual aid agreement" to include certain

  5         agreements between one or more law enforcement

  6         agencies and either a school board that employs

  7         school safety officers or a state university

  8         that employs or appoints university police

  9         officers; providing for a state university to

10         enter and lend assistance pursuant to such

11         agreements; providing an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 23.1225, Florida Statutes, is

16  amended to read:

17         23.1225  Mutual aid agreements.--

18         (1)  The term "mutual aid agreement," as used in this

19  part, refers to one of the following types of agreement:

20         (a)  A voluntary cooperation written agreement between

21  two or more law enforcement agencies, or between one or more

22  law enforcement agencies and either a school board that

23  employs school safety officers or a state university that

24  employs or appoints university police officers in accordance

25  with s. 240.268, which agreement permits voluntary cooperation

26  and assistance of a routine law enforcement nature across

27  jurisdictional lines.  The agreement must specify the nature

28  of the law enforcement assistance to be rendered, the agency

29  or entity that shall bear any liability arising from acts

30  undertaken under the agreement, the procedures for requesting

31  and for authorizing assistance, the agency or entity that has

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    Florida Senate - 1998                           CS for SB 1932
    307-1734A-98




  1  command and supervisory responsibility, a time limit for the

  2  agreement, the amount of any compensation or reimbursement to

  3  the assisting agency or entity, and any other terms and

  4  conditions necessary to give it effect. Examples of law

  5  enforcement activities that may be addressed in a voluntary

  6  cooperation written agreement include establishing a joint

  7  city-county task force on narcotics smuggling or authorizing

  8  school safety officers to enforce laws in an area within 1,000

  9  feet of a school or school board property.

10         (b)  A requested operational assistance written

11  agreement between two or more law enforcement agencies, or

12  between one or more law enforcement agencies and either a

13  school board that employs school safety officers or a state

14  university that employs or appoints university police officers

15  in accordance with s. 240.268, which agreement is for the

16  rendering of assistance in a law enforcement emergency.  The

17  agreement must specify the nature of the law enforcement

18  assistance to be rendered, the agency or entity that shall

19  bear any liability arising from acts undertaken under the

20  agreement, the procedures for requesting and for authorizing

21  assistance, the agency or entity that has command and

22  supervisory responsibility, a time limit for the agreement,

23  the amount of any compensation or reimbursement to the

24  assisting agency or entity, and any other terms and conditions

25  necessary to give it effect.  An example of the use of a

26  requested operational assistance written agreement is to meet

27  a request for assistance due to a civil disturbance or other

28  emergency as defined in s. 252.34.

29         (c)  A combination of the agreements described in

30  paragraphs (a) and (b).

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    Florida Senate - 1998                           CS for SB 1932
    307-1734A-98




  1         (2)  A mutual aid agreement may allow for discretion by

  2  the parties as to when, whether, and to what extent assistance

  3  will be available.

  4         (3)  A mutual aid agreement may be entered into by:

  5         (a)  A sheriff;

  6         (b)  A mayor or chief executive officer of a

  7  municipality or county on behalf of a law enforcement agency,

  8  if authorized by the governing body of the municipality or

  9  county; or

10         (c)  A school board that employs school safety

11  officers; or.

12         (d)  A state university that employs or appoints

13  university police officers in accordance with s. 240.268.

14         (4)  A copy of a mutual aid agreement must be filed

15  with the Department of Law Enforcement within 14 days after it

16  is signed.

17         (5)  In the event of a disaster or emergency such that

18  a state of emergency is declared by the Governor pursuant to

19  chapter 252, the requirement that a requested operational

20  assistance agreement be a written agreement for rendering of

21  assistance in a law enforcement emergency may be waived by the

22  participating agencies for a period of up to 90 days from the

23  declaration of the disaster.

24         (a)  When a law enforcement agency, or a school board

25  employing that employs school safety officers, or a state

26  university employing or appointing university police officers

27  in accordance with s. 240.268 lends assistance pursuant to

28  this subsection, all powers, privileges, and immunities listed

29  in s. 23.127, except with regard to interstate mutual aid

30  agreements, apply to the agency or entity, provided that the

31  law enforcement, or school board, or university employees

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    Florida Senate - 1998                           CS for SB 1932
    307-1734A-98




  1  rendering services are being requested and coordinated by the

  2  affected local law enforcement executive in charge of law

  3  enforcement operations.

  4         (b)  A listing of such agencies or entities and the

  5  officers and employees of such agencies or entities rendering

  6  assistance pursuant to this subsection must be maintained by

  7  the agency or entity requesting such assistance and filed at

  8  the end of the 90-day period with the Florida Department of

  9  Law Enforcement.

10         Section 2.  This act shall take effect July 1, 1998.

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12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 1932

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15  Provides authority for university police officers to be
    parties to mutual aid agreements among law enforcement
16  agencies by including "a state university that employs or
    appoints university police officers in accordance with s.
17  240.268" as authorized law enforcement that may:

18  .    enter into a voluntary cooperation written agreement
         between agencies to permit voluntary cooperation and
19       assistance of a routine law enforcement nature across
         jurisdictional lines, and
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    .    enter into a requested operational assistance written
21       agreement to render assistance in a law enforcement
         emergency or disaster that results in a state of
22       emergency being declared by the Governor.

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