HB 1919 2003
1	A bill to be entitled
2	An act relating to mutual aid agreements; amending s.
3	23.1225, F.S.; revising the types of agreements that
4	constitute mutual aid agreements for purposes of pt. I of
5	ch. 23, F.S., the "Florida Mutual Aid Act"; defining "law
6	enforcement agency" for purposes of the act; revising the
7	persons or entities authorized to enter into a mutual aid
8	agreement; revising provisions, to conform; providing an
9	effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Section 23.1225, Florida Statutes, is amended
14	to read:
15	23.1225 Mutual aid agreements.--
16	(1) The term "mutual aid agreement," as used in this part,
17	refers to one of the following types of agreement:
18	(a) A voluntary cooperation written agreement between two
19	or more law enforcement agencies that, or between one or more
20	law enforcement agencies and either a school board that employs
21	school safety officers or a state university that employs or
22	appoints university police officers in accordance with s.
23	1012.97, which agreementpermits voluntary cooperation and
24	assistance of a routine law enforcement nature across
25	jurisdictional lines. The agreement must specify the nature of
26	the law enforcement assistance to be rendered, the agency or
27	entitythat shall bear any liability arising from acts
28	undertaken under the agreement, the procedures for requesting
29	and for authorizing assistance, the agency or entitythat has
30	command and supervisory responsibility, a time limit for the
31	agreement, the amount of any compensation or reimbursement to
32	the assisting agency or entity, and any other terms and
33	conditions necessary to give it effect. Examples of law
34	enforcement activities that may be addressed in a voluntary
35	cooperation written agreement include, but are not limited to,
36	establishing a joint city-county task force on narcotics
37	smuggling, authorizing school safety officers to enforce laws in
38	an area within 1,000 feet of a school or school board property,
39	or establishing a joint city-county traffic enforcement task
40	force.
41	(b) A requested operational assistance written agreement
42	between two or more law enforcement agencies that, or between
43	one or more law enforcement agencies and either a school board
44	that employs school safety officers or a state university that
45	employs or appoints university police officers in accordance
46	with s. 1012.97, which agreementis for the rendering of
47	assistance in a law enforcement emergency. The agreement must
48	specify the nature of the law enforcement assistance to be
49	rendered, the agency or entitythat shall bear any liability
50	arising from acts undertaken under the agreement, the procedures
51	for requesting and for authorizing assistance, the agency or
52	entitythat has command and supervisory responsibility, a time
53	limit for the agreement, the amount of any compensation or
54	reimbursement to the assisting agency or entity, and any other
55	terms and conditions necessary to give it effect. An example of
56	the use of a requested operational assistance written agreement
57	is to meet a request for assistance due to a civil disturbance
58	or other emergency as defined in s. 252.34.
59	(c) A combination of the agreements described in
60	paragraphs (a) and (b).
61	(2) For the purposes of this section, "law enforcement
62	agency" means any agency, unit of government, or municipality,
63	or the state or any political subdivision or agency thereof,
64	that has constitutional or statutory authority to employ or
65	appoint persons as law enforcement officers as defined in s.
66	943.10(1).
67	(3)(2)A mutual aid agreement may allow for discretion by
68	the parties as to when, whether, and to what extent assistance
69	will be available.
70	(4)(3) A mutual aid agreement may be entered into by a law
71	enforcement agency upon written agreement by the chief executive
72	officer of such agency having authority to bind the agency:
73	(a) A sheriff;
74	(b) A mayor or chief executive officer of a municipality
75	or county on behalf of a law enforcement agency, if authorized
76	by the governing body of the municipality or county;
77	(c) A school board that employs school safety officers; or
78	(d) A state university that employs or appoints university
79	police officers in accordance with s. 1012.97.
80	(5)(4)A copy of a mutual aid agreement must be filed with
81	the Department of Law Enforcement within 14 days after it is
82	signed.
83	(6)(5)In the event of a disaster or emergency such that a
84	state of emergency is declared by the Governor pursuant to
85	chapter 252, the requirement that a requested operational
86	assistance agreement be a written agreement for rendering of
87	assistance in a law enforcement emergency may be waived by the
88	participating agencies for a period of up to 90 days from the
89	declaration of the disaster.
90	(a) When a law enforcement agency, a school board
91	employing school safety officers, or a state university
92	employing or appointing university police officers in accordance
93	with s. 1012.97lends assistance pursuant to this subsection,
94	all powers, privileges, and immunities listed in s. 23.127,
95	except with regard to interstate mutual aid agreements, apply to
96	the agency or entity, provided that the law enforcement, school
97	board, or universityemployees rendering services are being
98	requested and coordinated by the affected local law enforcement
99	executive in charge of law enforcement operations.
100	(b) A listing of such agencies or entitiesand the
101	officers and employees of such agencies or entitiesrendering
102	assistance pursuant to this subsection must be maintained by the
103	agency or entityrequesting such assistance and filed at the end
104	of the 90-day period with the Florida Department of Law
105	Enforcement.
106	Section 2. This act shall take effect upon becoming a law.