MUTUAL AID AGREEMENT FOR LAW ENFORCEMENT SERVICES (2)
CITY OF CLEARWATER AND CITY OF LARGO COMBINED VOLUNTARY
COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT FOR LAW ENFORCEMENT SERVICES
THIS AGREEMENT is made and entered into this 1st day of February, 2003, by and
between the City of Clearwater and the City of Largo on behalf of their municipal police
departments (hereinafter those municipal police departments shall be referred to individually
as a "cooperating agency").
WITNESSETH:
WHEREAS, Part I, Chapter 23 of the Florida Statutes, the "Florida Mutual Aid Act,"
authorizes law enforcement agencies to enter into agreements for voluntary cooperation and
assistance of a routine law enforcement nature across jurisdictional lines by and between such
agencies; and
WHEREAS, Part I, Chapter 23 of the Florida Statutes, the "Florida Mutual Aid Act," also
authorizes law enforcement agencies to enter into operational assistance agreements whereby
each of the agencies may request law enforcement assistance from and render law
enforcement assistance to the other in a law enforcement emergency; and
WHEREAS, the City of Clearwater and the City of Largo recognize that an increasing
number of criminals are operating across jurisdictional lines and that there is a need for a
continuing multi-jurisdictional response to such unlawful activities; and
WHEREAS, aggressive drivers, speeders, and other traffic violators do not respect
jurisdictional boundaries; yet municipal law enforcement officers in the City of Clearwater and
the City of Largo are powerless to enforce traffic laws or conduct traffic-accident investigations
on a street located in view of the jurisdictional boundaries of the officer's employing
municipality but in the jurisdiction of the other cooperating agency; and
WHEREAS, the City of Clearwater and the City of Largo recognize that there is a need
for a continuing multi-jurisdictional response to persons who are involved in traffic accidents on
or who are operating vehicles in violation of traffic laws on streets located in view of the
jurisdictional boundaries of the officer's employing municipality but in the jurisdiction of the
other cooperating agency; and
WHEREAS, the City of Clearwater and the City of Largo desire to secure benefits of
such mutual aid for their respective jurisdictions; and
WHEREAS, the City of Clearwater and the City of Largo determine that it is in the best
interest of the health, safety and welfare of their citizens to enter into a Voluntary Cooperation
Agreement and Operational Assistance Agreement;
NOW, THEREFORE, the parties hereto agree as follows:
I. Provisions for Voluntary Cooperation
The undersigned law enforcement agencies hereby approve and enter into this Agreement
authorizing each of the cooperating agencies to request law enforcement assistance from and
to render law enforcement assistance to the other in dealing with any violations of Florida
Statutes to include, but not necessarily be limited to, investigating homicides, sex offenses,
Clearwater/Largo Mutual Aid Agreement Page 2 of 6
robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug violations
pursuant to Chapter 893, Florida Statutes, backup services during patrol activities, and inter-
agency task forces and/or joint investigations.
II. Provisions for Operational Assistance
The undersigned law enforcement agencies hereby approve and enter into this Agreement
authorizing each of the cooperating agencies to request law enforcement assistance from and
to render law enforcement assistance to the other in a law enforcement emergency, to include
dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or
man-made disasters, sporting events, concerts, parades, escapes from detention facilities, and
incidents requiring utilization of specialized units.
III. In-Progress Crime Assistance
A. Whenever a law enforcement officer from one jurisdiction views a felony or a
misdemeanor involving a breach of the peace occurring in the jurisdiction of the other
cooperating agency, the law enforcement officer may physically arrest the perpetrator
and preserve the crime scene. The officer shall immediately notify the cooperating
agency of the jurisdiction in which the incident occurred. Control of both the persons
apprehended and the crime scene will be relinquished to the first available officer from
the jurisdiction in which the incident occurred. The cooperating agency of the
jurisdiction in which the incident occurred, however, with the consent of the originating
officer's agency may decide to allow the originating officer to retain control of the
investigation and complete all procedures, which shall include taking custody of any
prisoner, evidence, and contraband article as defined in Section 932.701(2), Florida
Statutes, and completing the appropriate documentation. Regardless of the decision of
the cooperating agency, whenever remaining at the scene exposes either the officer or
the subject to imminent physical danger, the subject and any physical evidence or
contraband article may be transported or otherwise relocated in accordance with normal
procedure.
B. Any fines and forfeitures shall accrue to the cooperating agency of the officer who first
effectuated the arrestand who subsequently retained control of the investigation.
IV. Voluntary Investigation
On-duty officers from one jurisdiction may conduct investigations into criminal activity that
occurs in their jurisdiction and make arrests related to those investigations in the jurisdiction of
the other cooperating agency. If enforcement action is anticipated, the location and nature of
the investigation will be reported to the on-duty communication liaison person of the jurisdiction
where the suspect is located.
V. Traffic Control Assistance
A. Whenever a traffic accident involving suspected injuries of a serious nature is reported
to the jurisdiction in which the accident occurred and that law enforcement agency is
unable to provide the immediate response necessary to render aid to the injured or
Clearwater/Largo Mutual Aid Agreement Page 3 of 6
prevent further injury, the cooperating agency may be contacted for assistance. The
cooperative effort shall be restricted to necessary first aid and traffic direction, except in
those situations specified in section VI of this agreement.
B. Hazardous Traffic Conditions Assistance
1. In a situation where automated traffic control devices located within the
jurisdictional boundaries of one agency have malfunctioned and a traffic accident is
imminent unless control is established immediately, cooperation may be provided.
2. Where an incident occurs on a traffic-way or so near thereto that the potential for
traffic accidents appears imminent, cooperation may be provided.
C. The cooperative efforts for traffic accidents and/or hazardous traffic conditions outlined
above shall be restricted to the necessary and standard traffic control and direction
activities and shall not include traffic enforcement, except in those situations specified in
section VI of this agreement. Control of the incident shall be immediately relinquished
to the first available officer from the agency having jurisdictional responsibility, except in
those situations specified in section VI of this agreement.
VI. Traffic Investigations
A. In addition to having the authority to provide in-progress crime assistance, an on-duty
municipal law enforcement officer of the City of Clearwater or the City of Largo while
wearing the officer's departmental-issued uniform and operating a marked police vehicle
may enforce all state criminal and noncriminal traffic laws and conduct accident
investigations of traffic accidents occurring on the streets of the other cooperating
agency as long as such violations or accidents occur on streets located in view of the
jurisdictional boundaries of the officer's employing municipality. Enforcement shall
include making arrests, issuing a Uniform Traffic Citation, arresting the violator for any
crimes uncovered during the investigation of the traffic violation or accident, taking
custody of any evidence or contraband article as defined in Section 932.701(2), Florida
Statutes, and completing appropriate documentation, including an accident report.
B. Anyon-duty municipal law enforcement officer choosing to enforce traffic laws and
conduct traffic-accident investigations pursuant to this section shall notify the agency
within whose jurisdiction the traffic violation or accident occurred during the traffic stop
or as soon as possible thereafter of the law-enforcement actions taken.
C. On-duty municipal law enforcement officers enforcing traffic laws and conducting traffic-
accident investigations pursuant to this section shall be under the direction and authority
of the commanding officers of their own agency.
D. Any fines or forfeitures shall accrue to the cooperating agency whose officers choose to
exercise the authority contained within this section.
E. "Street" means in this section that area defined in Section 316.003(53), Florida Statutes
(2001), or amendments thereto.
Clearwater/Largo Mutual Aid Agreement Page 4 of 6
F. "Streets located in view of the jurisdictional boundaries of the officer's employing
municipality" means in this section a street located outside the jurisdictional boundaries
of the officer's employing municipality and within the jurisdiction of the other cooperating
agency that is in such close proximity to the jurisdictional boundaries of the officer's
employing municipality that if the officer had been located within the jurisdictional
boundaries of the officer's employing municipality when the traffic violation or traffic
accident occurred, the officer would have been able to observe by the use of ordinary
sight the traffic violation or traffic accident occurring on the street during daylight hours
and during normal weather conditions.
VII. . Inter-Agency Joint Task Forces
A. Law enforcement officers assigned to joint task force operations pursuant to this
Agreement may enforce all state laws while engaged in the joint task force operation
and shall take enforcement action in accordance with law, including but not limited to
taking custody of any offender, evidence, or contraband article as defined in Section
932.701 (2), Florida Statutes, and completing appropriate documentation.
B. Law enforcement officers assigned to joint task force operations pursuant to this
Agreement shall be under the supervision of those individuals specified in the joint task
force operational plan approved by the cooperating agencies.
C "Joint Task Force" means in this section those task forces composed of law
enforcement officers from the City of Clearwater and the City of Largo that are intended
to address major law enforcement problems that cross the jurisdictional lines of each of
the cooperating agencies, including but not limited to, the sale and possession of
narcotics or traffic enforcement.
VIII. Terms and Procedures
A. A cooperating agency will answer a specific request for voluntary cooperation or
operational assistance only to the extent that the available personnel and equipment are
not required for adequate protection of that agency. The commander of the agency, or
the commander's designee, shall have the sole authority to determine the amount of
personnel and equipment, if any, available to respond.
B. A specific request for voluntary cooperation or operational assistance shall be made by
the commander of the agency or the commander's designee.
C. Voluntary cooperation can also be initiated, within the limitations as more fully stated
above, by an officer who views an in-progress crime, a traffic violation or traffic accident,
or a need for traffic control in another cooperating agency. The supervising authority of
that officer shall be notified immediately to enable a supervisor from the officer's agency
to authorize and direct actions taken by the officer. An officer taking voluntary action
should notify the communication liaison person in the assisted agency as soon as
possible.
Clearwater/Largo Mutual Aid Agreement Page 5 of 6
D. Whenever the employees of any law enforcement agency are rendering aid outside its
jurisdiction and pursuant to the authority contained in this Agreement, such employees
shall have the same powers, duties, rights, privileges, and immunities as if they were
performing their duties in the jurisdiction in which they are normally employed.
E. Law enforcement officers or employees responding to a specific request for voluntary
cooperation or operational assistance shall be under the direction and authority of the
commanding officers of the agency to which they are called; otherwise, the officers shall
be under the direction and authority of the commanding officers of their own agency.
F. All wage and disability payments, pensions, Workers' Compensation claims, and
medical expenses shall be paid by the employing agency, unless the requested agency
is reimbursed by other authorities, persons or political entities.
G. Each agency shall be responsible for bearing its own costs associated with any loss or
damage incurred to such jurisdiction's property, equipment, or resources as a result of
the use of such property during a voluntary cooperation or operational assistance
situation.
H. Each party to this Agreement shall bear all court costs, defense costs, and liability for its
own law enforcement officers, agents and/or employees for acts undertaken pursuant to
this Agreement unless such act was ordered by the commanding officer of the assisted
agency; but if such act was not ordered by the commanding officer of the assisted
agency, each agrees, to the extent permitted by law, to indemnify and hold the other
harmless of and from any claims, lawsuits and/or causes of action arising out of the
acts, omissions and conduct of its own officers, agents and/or employees. In the event
that an act or acts undertaken pursuant to this Agreement is ordered by the
commanding officer directing the voluntary cooperation or operational assistance
situation, any defense or court costs and liability that might arise shall be the
responsibility of the agency employing the commanding officer. However, nothing
contained herein shall be construed to waive or modify the provisions of F.S. 768.28 or
the doctrine of sovereign immunity as to any party hereto.
I. This Agreement shall be binding upon the parties from the date of execution by a party
hereto and shall continue in full force and effect until terminated as provided herein
below.
J. This Agreement shall be binding upon the parties from the date of execution and shall
continue in full force and effect until January 1, 2005. However, any party hereto may
withdraw or cancel such party's participation pursuant to this Agreement without liability
to the other party hereto by providing written notice of such withdrawal no less than ten
(10) days prior thereto.
K. Each agency that is a party to this Agreement agrees to adopt the policy attached
hereto and incorporated herein by reference, provided, however, that nothing herein
shall prevent an agency administrator from adopting an internal policy that is more
restrictive than this model policy regarding his or her own personnel.
Clearwater/Largo Mutual Aid Agreement Page 6 of 6
IX. Conflict
This Agreement is intended to provide broader authority to the municipal police officers of the
City of Clearwater and the City of Largo than does the "Pinellas County Interlocal Mutual Aid
Assistance For Police Services" to which the City of Clearwater and the City of Largo are also
parties. In any conflict between the language of the two Agreements, this Agreement shall
prevail.
MODEL POLICY
DATE OF ISSUE: February 1, 2003
EFFECTIVE DATE: February 1, 2003
SUBJECT:
CITY OF CLEARWATER AND CITY OF LARGO MUTUAL AID
AGREEMENT FOR VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
INDEX AS:
MUTUAL AID
JURISDICTION
VOLUNTARY COOPERATION
AND OPERATIONAL ASSISTANCE
I. POLICY:
Recognizing that an increasing number of criminals are operating in more than
one jurisdiction and that no single law enforcement agency can hope to
command sufficient resources to handle all possible emergencies or
investigations, the law enforcement agencies of Pinellas County have continued a
long history of cooperation by forming a comprehensive agreement for mutual
i aid and the exercise of police authority across jurisdictional boundaries.
Recognizing that aggressive drivers, speeders, and other traffic violators do not
respect jurisdictional boundaries and that violators sometimes commit the
violations with impunity in the presence of a municipal law enforcement officer
from a neighboring jurisdiction on a street located outside the officer's
jurisdiction but in close proximity to the officer's jurisdiction, the City of
Clearwater and City of Largo desire to provide a multi-jurisdictional response to
traffic enforcement.
Recognizing that traffic accident victims must sometimes wait for a response
from the agency in whose jurisdiction the accident occurred even though the
accident occurred on a street located in close proximity to another cooperating
agency, the City of Clearwater and City of Largo desire to provide a multi-
jurisdictional response to traffic enforcement.
It is important that all members of this department appreciate the spirit of
cooperation which is the intent of this mutual aid agreement and strive at all
times to embody that spirit in any action taken under this agreement.
II. DEFINITIONS:
Cooperating Agency: A law enforcement agency that is a party to the "City
of Clearwater and City of Largo Combined Voluntary Cooperation And
Operational Assistance Mutual Aid Agreement For Law Enforcement
Services."
Exercising Police Authority: Is the arrest or detention of a person, the use
or threatened use of lawful force, the conducting of a search, the taking or
seizing of any property, the issues of a command under color of authority,
or other exercise of authority specifically granted to a law enforcement
officer.
In-Progress Crime Assistance: When an officer initiates the exercise of
police authority after viewing a felony or a misdemeanor involving a breach
of peace occurring within the jurisdiction of the other cooperating agency.
Officer: A sworn law enforcement officer with powers of arrest granted by a
cooperating agency.
Street: The area defined in Section 316.003(53), Florida Statutes (2001), or
amendments thereto.
Streets located in view of the jurisdictional boundaries of the officer's
employing municipality: A street located outside the jurisdictional
boundaries of the officer's employing municipality and within the
jurisdiction of the other cooperating agency that is in such close proximity
to the jurisdictional boundaries of the officer's employing municipality that
if the officer had been located within the jurisdictional boundaries of the
officer's employing municipality when the traffic violation or traffic
accident occurred, the officer would have been able to observe by the use
of ordinary sight the traffic violation or traffic accident occurring on the
street during daylight hours and during normal weather conditions.
Voluntary Investigation: When an officer investigating criminal activity that
occurred within the jurisdiction of his/her employing agency, follows that
investigation into the jurisdiction of the other cooperating agency.
III. EXTENSION OF JURISDICTION AND LIMITATION OF AUTHORITY.
An officer of a cooperating agency may exercise police authority within the
jurisdiction of the other cooperating agency as specified herein.
A. On-duty exercise of police authority within the jurisdiction of the other
cooperating agency is limited to the following situations:
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1) A response to a specific request for mutual aid or operational
assistance from a cooperating agency.
2) In-Progress Crime Assistance undertaken in response to an on-
view felony or misdemeanor involving a breach of the peace
occurring within the jurisdiction of the other cooperating agency.
3) Any action necessary to conduct a Voluntary Investigation of
criminal activity originating within the jurisdiction of his/her
employing agency, including the probable cause arrest for a crime.
4) Enforcement of traffic laws and investigation of traffic accidents by
municipal law enforcement officers on streets located in view of
the jurisdictional boundaries of the officer's employing
municipality.
5) Enforcement of laws while assigned to a joint task force operation.
B. Off-duty exercise of police authority within the jurisdiction of the other
cooperating agency is limited to In-Progress Crime Assistance
undertaken in response to an on-view felony or misdemeanor involving
a breach of the peace occurring within the jurisdiction of the other
cooperating agency.
C. Officers shall not exercise any police authority within the jurisdiction
of the other cooperating agency in the following circumstances:
1) Local ordinance violations or minor traffic violations, unless acting
in response to a specific request for mutual aid or operational
assistance. Municipal law enforcement officers may enforce traffic
laws or conduct investigations of traffic accidents on streets
located in view of the jurisdictional boundaries of the officer's
employing municipality.
2) Any violation arising from a case in which the officer has a
personal interest, such as a civil or domestic dispute, or a crime
where the officer may be a victim. (This exclusion does not include
cases where the officer is a victim arising from his/her
employment, such as Battery of a Law Enforcement Officer.)
3) When in doubt, officers are encouraged to limit their actions to
summoning the agency having normal jurisdiction and offering
their services as a witness.
3
IV. PROCEDURE
Officers shall adhere to the following procedures when exercising police
authority within the jurisdiction of the other cooperating agency.
A. Notification
1) Whenever practical, any officer exercising police authority within
the jurisdiction of the other cooperating agency shall make prior
notification to that agency and his/her own agency. Prior
notification is not required by officers who expect only to make
routine inquiries without reasonable anticipation of taking further
action.
2) Whenever prior notification is not practical, such notification shall
be made as soon as it becomes practical.
3) The normal point of contact for such notifications is the
Communications Center of the agencies in question. The officer
making the notification should obtain the name of the person
receiving the notification and include it in his/her report.
4) In addition to notification made to the normal point of contact,
officers are urged to coordinate their efforts with special units or
officers assigned to similar duties within other agencies. The
intent of this additional notification is to avoid problems which may
result when the operations of the different agencies may conflict
because each is unaware of the other's intentions.
B. Limitations of Action
1) Unless acting in response to a specific request for voluntary
cooperation or operational assistance, an officer shall limit follow-
up investigations to criminal activity that originated within the
jurisdiction of his/her employing agency.
2) Exercise of police authority in cases of In-Progress Crime
Assistance shall be limited to those actions necessary to stabilize
the situation pending the arrival of officers from the agency in
whose jurisdiction the incident occurred. Normally, such actions
are those that are reasonably necessary to aid victims, prevent
harm to persons and property, prevent the escape of a violator, or
prevent the destruction or loss of evidence of a crime. Additional
actions may then be taken when the agency in whose jurisdiction
the incident occurred authorizes the originating officer to retain
control over the investigation.
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v. PUBLIC STATEMENTS
Prior to making any press release or statement to the media in connection with
any mutual aid request or other action covered by this agreement, prior notice
shall be made to the agency head or highest ranking officer available at the other
cooperating agency involved.
5
SIGNATURE PAGE
In execution of the City of Clearwater and City of Largo Combined Voluntary
Cooperation And Operational Assistance Mutual Aid Agreement For Law
Enforcement Services, pages one through six, as authorized by Resolution
Number 03-05 on January 23, 2003, we hereby set our hand and seal.
cou;;~. ~ S--
Brian J. .Aung I r- V
Mayor-Commissioner
"J.-jt /~
Date (
Approved as to form:
CITY O~WATER,
~FLORI~
William B. Horne II
ity Manager Garrison C. Brumback
I ) Acting City Manager
.:;.. f oY
Date
By:'-----. \J ~ )!~.
Sid~n
Chief of Police
eX/; /0 S
Datel / -
Attest:
SIGNATURE PAGE
In execution of the City of Clearwater and City of Largo Combined Voluntary Cooperation
and Operational Assistance Mutual Aid Agreement for Law Enforcement Services, pages
one through six, as authorized by the Largo City Commission on January 7, 2003, we
hereby set our hand and seal.
Countersigned:
RO~:~
Mayor
ATTEST:
Diane L. 8*.Jn 1806 l. i
City Clerk ~, .' ;
I,.. ."""
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Reviewed and Approved:
~~
~Ci7Y
M AI,an S. Zimmet rrTTy:
P City Attorney
CITY OF LARGO, FLORIDA
~~
~en 8 nton
City Manager