Florida/Georgia Personal Injury & Workers Compensation

...rch warrant. The circuit court considered these facts as well as counsels' argument and suppressed the evidence on the ground that the Tampa police officers were acting outside of their territorial jurisdiction without any lawful authority to do so. Section 23.1225 authorizes three types of mutual aid agreements: a voluntary cooperation written agreement between two or more law enforcement agencies, a requested operational assistance written agreement, and a combination of the two....

...Here, the State contends that the first type of mutual aid agreement, a voluntary cooperation agreement between the Hillsborough County Sheriff's Department and the Tampa Police Department, supports the Tampa police detective's seizure of property outside the city limits. A mutual aid agreement authorized by section 23.1225(1)(a) permits "voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines." The statute explicitly recognizes the propriety of such activities as "establishing a joint city-county task force o...

...[3] The Mutual Aid Agreement entered into by the different law enforcement agencies in Broward County provides, in its preamble: The undersigned Governmental Entities in Broward County, Florida together establish this mutual aid agreement pursuant to Section 23.1225(1), (2), Florida Statute, known as the Florida Mutual Aid Act....

...At the hearing on the motion, the State presented the testimony of the Miami Shores police detective and introduced a copy of the Addendum to Joint Declaration to Mutual Aid Agreement executed by several Miami-Dade County municipalities, including the City of Miami Shores and the City of Miami, pursuant to section 23.1225, Florida Statutes (2000)....

...2d DCA 2001) (stating that an officer, by investigating a crime outside his jurisdiction, was acting improperly "unless saved by the voluntary cooperation agreement"). Specifically, the Florida Mutual Aid Act authorizes two or more law enforcement agencies operating in Florida to enter into a "mutual aid agreement." § 23.1225(1), Fla. Stat. (2006). One type of agreement is a "voluntary cooperation written agreement," which "permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines." Id. § 23.1225(1)(a)....

...NOTES [1] The Mutual Aid Agreement for Voluntary Cooperation and Operational Assistance entered into by the City of Coconut Creek and the City of Margate states in pertinent part: The undersigned Governmental Entities in Broward County, Florida, together establish this mutual aid agreement pursuant to Section 23.1225(1), (2), Florida Statute[s], known as the Florida Mutual Aid Act....

...-3- certain offenders or suspected offenders and for arrest incident to such fresh pursuit in section 901.25, Florida Statutes (2020), and for extraterritorial cooperation of law enforcement agencies under the Florida Mutual Aid Act, section 23.1225, Florida Statutes (2020). 2. A law enforcement officer acts “under color of office” when the officer acts with purported authority in the absence of any legal basis for doing so....

...r Appellants could bring its action against any of the member agencies. [4] AFFIRMED. TORPY and LAWSON, JJ., concur. NOTES [1] The Agreement was dated February 8, 1996. This type of mutual aid agreement is specifically authorized by the Legislature. § 23.1225(1)(a), Fla....

...nty, the Sheriff of Osceola County, the Orlando Police Department, the Winter Park Police Department, the Apopka Police Department, and the Ocoee Police Department. [3] The agency members would be ascertained by a review of the Mutual Aid Agreement. Section 23.1225(4) requires that a copy of a mutual aid agreement must be filed with the Department of Law Enforcement. [4] During oral argument, counsel for the State Attorney's Office acknowledged that an action to obtain MBI's public records could be brought against either the State Attorney's Office or the Orange County Sheriff (Lt. Campbell's employer). Section 23.1225(1)(a) requires a mutual aid agreement to designate the agency or entity that shall bear liability arising from acts undertaken under the agreement.

across jurisdictional lines as provided in section 23.1225(1)(a), Florida Statutes.5 The agreement authorized

...6 To carry out this plan, the Legislature has found it necessary to "allow a law enforcement agency to enter into a mutual aid agreement with another law enforcement agency of this state or any other state or with any law enforcement agency of the United States or its territories." 7 Section 23.1225 (1)(a), Florida Statutes, defines one type of mutual aid agreement as: A voluntary cooperation agreement, in writing, between two or more law enforcement agencies which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines....

...VIII, State Const.; also recognizing the use of Part I, Ch. 23 , Fla. Stat., to allow extraterritorial exercise of law enforcement services by municipalities pursuant to a mutual aid agreement). 6 Section 23.121 (1)(a), Fla. Stat. (1995). 7 Section 23.121 (1)(g), Fla. Stat. (1995). 8 See, s. 23.1225 (1), Fla. Stat. (1991). 9 Section 23.1225 (1), Fla....

...92-165, Laws of Florida, to delete the reimbursement proscription and add the present language allowing compensation and reimbursement to assisting agencies. 10 See, Op. Att'y Gen. Fla. 90-84 (1990). 11 See, Op. Att'y Gen. Fla. 82-52 (1982) (law enforcement services provided pursuant to s. 23.1225 [1], Fla....

...led 5 When the Governor declares a state of emergency pursuant to Chapter 252, participating agencies may waive for up to 90 days from the declared disaster or emergency the written requirements for operational assistance agreements. § 23.1225(5), Fla. Stat. (2013). 11 agreement under the Florida Mutual Aid Act (“FMAA”), section 23.1225, Florida Statutes (2013)....

duties inside the employee's jurisdiction."5 Section 23.1225, Florida Statutes, defines the term "mutual

...n provided by general or special law, and s 4, Art. VIII in pertinent part alternatively provides that the transfer and contracts contemplated by s 4, in addition to the specific prescribed procedures, may be effected `as otherwise provided by law.' Section 23.1225 (1), F.S., provides for: (1) A voluntary cooperation agreement, which is a written agreement between two or more law enforcement agencies which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines....

...w enforcement agency under a voluntary cooperation agreement. An example of a voluntary cooperation agreement is a joint city-county task force on narcotics smuggling. Section 23.1231 (3), F.S., requires that any agreement entered into pursuant to s 23.1225 be filed with the Division of Local Law Enforcement Assistance of the Department of Law Enforcement by each law enforcement agency which enters into such agreements within 7 days after entering into the agreement, and authorizes the division to promulgate standards and requirements for agreements to be entered into under s 23.1225 (1)....

...Section 23.127 provides for the powers, privileges, immunities, compensation and other matters concerning employees of a law enforcement agency when rendering aid outside such agency's jurisdiction pursuant to a written agreement entered into under s 23.1225 . Each municipality entering into an agreement under s 23.1225 (1) must assent to and will become bound by the terms and conditions of ss 23.1225 (1) and 23.127 . I suggest that your agency consult with the Division of Local Law Enforcement Assistance as to whether the specific law enforcement assistance plan your town contemplates and needs comes within the purview of s 23.1225 and the standards and requirements for agreements to be entered into under s 23.1225 promulgated by that division....

performing such duties within their jurisdiction. Section 23.1225(1), Florida Statutes (1996 Supplement), provides

McDougall: You ask the following question: Does section 23.1225(3), Florida Statutes, require the Sheriff to

...w enforcement agencies operating in Florida to enter into mutual aid agreements such as the Agreement entered into by the City of Miami and the City of Miami Beach police departments. See § 5 23.1225, Fla. Stat. (2006) (authorizing mutual aid agreements between Florida law enforcement agencies); § 23.1225(1)(a) (permitting “voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines”)....

...It was concluded, absent a statutory provision allowing others than the enumerated agencies to share in the forfeited funds, that the school board's security department was not a law enforcement agency for purposes of the contraband forfeiture act. Section 23.1225 , Florida Statutes, describes the types of agreements that are considered mutual aid agreements....

...Att'y Gen. Fla. 91-39 (1991). 11 See, E.P. v. State, 462 So.2d 559 (Fla. 3d DCA 1985) (school security officer is law enforcement officer within meaning of statute allowing adjudication of delinquency for offense of battery on a law enforcement officer.) 12 Section 23.1225 (1)(a), Fla. Stat. (1993). 13 Section 23.1225 (1)(b), Fla. Stat. (1993). 14 Section 23.1225 (3), Fla....

performing such duties within their jurisdiction. Section 23.1225(1), Florida Statutes, provides that the term

...In conjunction with the requirement in the Mutual Aid Act that any agreement "specify the nature of the law enforcement assistance to be rendered," the agreement at issue discretely limits the police departments to certain instances where they can receive and extend mutual aid. See Fla. Stat. § 23.1225(1)(a); (D.E....

...The Mutual Aid Act also defines a mutual aid agreement as "a voluntary cooperation written agreement between two or more law enforcement agencies, which agreement permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines." Fla. Stat. § 23.1225(1)(a)....

...lorida Statutes, expressly provides that law enforcement officers rendering aid outside their jurisdiction but within the state pursuant to a mutual aid agreement have the same powers as if they were performing such duties within their jurisdiction. Section 23.1225 (1), Florida Statutes, provides that the term "mutual aid agreement" for purposes of the act refers to one of the following types of agreements: "(a) A voluntary cooperation written agreement between two or more law enforcement agenci...

...nce to each other. In Attorney General Opinion 97-45, this office considered a proposed mutual aid agreement that sought to establish cooperation and assistance of a primarily routine law enforcement nature across jurisdictional lines as provided in section 23.1225 (1)(a), Florida Statutes....

...intention is given to the on-duty communications supervisor for the cooperating agency in sufficient time to allow the cooperating agency to participate unless exigent circumstances exist. In that event, notice must be given immediately thereafter. Section 23.1225 (1)(a), Florida Statutes, authorizes a voluntary written agreement that permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines....

...82-52 (1982) (law enforcement services provided pursuant to mutual aid agreement do not require "cross swearing" of officers); Op. Att'y Gen. Fla. 72-178 (1972). 7 Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement, s. III, dated February 1997. 8 Cf., s. 23.1225 (4), Fla....

of the United States or its territories."3 Section 23.1225, Florida Statutes, defines the term "mutual