Senate Bill sb2488
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Florida Senate - 2003 SB 2488
By Senator Dockery
15-1501-03
1 A bill to be entitled
2 An act relating to mutual aid agreements;
3 amending s. 23.1225, F.S.; providing
4 clarification regarding agencies that may
5 participate in such agreements; providing an
6 effective date.
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8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Section 23.1225, Florida Statutes, is
11 amended to read:
12 23.1225 Mutual aid agreements.--
13 (1) The term "mutual aid agreement," as used in this
14 part, refers to one of the following types of agreement:
15 (a) A voluntary cooperation written agreement between
16 two or more law enforcement agencies, or between one or more
17 law enforcement agencies and either a school board that
18 employs school safety officers or a state university that
19 employs or appoints university police officers in accordance
20 with s. 1012.97, which agreement permits voluntary cooperation
21 and assistance of a routine law enforcement nature across
22 jurisdictional lines. The agreement must specify the nature
23 of the law enforcement assistance to be rendered, the agency
24 or entity that shall bear any liability arising from acts
25 undertaken under the agreement, the procedures for requesting
26 and for authorizing assistance, the agency or entity that has
27 command and supervisory responsibility, a time limit for the
28 agreement, the amount of any compensation or reimbursement to
29 the assisting agency or entity, and any other terms and
30 conditions necessary to give it effect. Examples of law
31 enforcement activities that may be addressed in a voluntary
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Florida Senate - 2003 SB 2488
15-1501-03
1 cooperation written agreement include, but are not limited to,
2 establishing a joint city-county task force on narcotics
3 smuggling, authorizing school safety officers to enforce laws
4 in an area within 1,000 feet of a school or school board
5 property, or establishing a joint city-county traffic
6 enforcement task force.
7 (b) A requested operational assistance written
8 agreement between two or more law enforcement agencies, or
9 between one or more law enforcement agencies and either a
10 school board that employs school safety officers or a state
11 university that employs or appoints university police officers
12 in accordance with s. 1012.97, which agreement is for the
13 rendering of assistance in a law enforcement emergency. The
14 agreement must specify the nature of the law enforcement
15 assistance to be rendered, the agency or entity that shall
16 bear any liability arising from acts undertaken under the
17 agreement, the procedures for requesting and for authorizing
18 assistance, the agency or entity that has command and
19 supervisory responsibility, a time limit for the agreement,
20 the amount of any compensation or reimbursement to the
21 assisting agency or entity, and any other terms and conditions
22 necessary to give it effect. An example of the use of a
23 requested operational assistance written agreement is to meet
24 a request for assistance due to a civil disturbance or other
25 emergency as defined in s. 252.34.
26 (c) A combination of the agreements described in
27 paragraphs (a) and (b).
28 (d) As used in this section, the term "law enforcement
29 agency" means any agency or unit of government that has
30 authority to employ or appoint law enforcement officers, as
31 defined in s. 943.10(1).
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Florida Senate - 2003 SB 2488
15-1501-03
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 a
5 law enforcement agency through a written agreement executed by
6 the chief executive officer of the agency, who is authorized
7 to contractually bind the agency.:
8 (a) A sheriff;
9 (b) A mayor or chief executive officer of a
10 municipality or county on behalf of a law enforcement agency,
11 if authorized by the governing body of the municipality or
12 county;
13 (c) A school board that employs school safety
14 officers; or
15 (d) A state university that employs or appoints
16 university police officers in accordance with s. 1012.97.
17 (4) A copy of a mutual aid agreement must be filed
18 with the Department of Law Enforcement within 14 days after it
19 is signed.
20 (5) In the event of a disaster or emergency such that
21 a state of emergency is declared by the Governor pursuant to
22 chapter 252, the requirement that a requested operational
23 assistance agreement be a written agreement for rendering of
24 assistance in a law enforcement emergency may be waived by the
25 participating agencies for a period of up to 90 days from the
26 declaration of the disaster.
27 (a) When a law enforcement agency, a school board
28 employing school safety officers, or a state university
29 employing or appointing university police officers in
30 accordance with s. 1012.97 lends assistance pursuant to this
31 subsection, all powers, privileges, and immunities listed in
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Florida Senate - 2003 SB 2488
15-1501-03
1 s. 23.127, except with regard to interstate mutual aid
2 agreements, apply to the agency or entity, if provided that
3 the law enforcement, school board, or university employees
4 rendering services are being requested and coordinated by the
5 affected local law enforcement executive in charge of law
6 enforcement operations.
7 (b) A listing of such agencies or entities and the
8 officers and employees of such agencies or entities rendering
9 assistance pursuant to this subsection must be maintained by
10 the agency or entity requesting such assistance and filed at
11 the end of the 90-day period with the Florida Department of
12 Law Enforcement.
13 Section 2. This act shall take effect July 1, 2003.
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16 SENATE SUMMARY
17 Provides clarification regarding agencies that may enter
into mutual aid agreements.
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