Resolution No. 25-79RESOLUTION NO. 25-79
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING A
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE LAW
ENFORCEMENT MUTUAL AID AGREEMENT WITH THE JACKSONVILLE SHERIFFS
OFFICE, NEPTUNE BEACH POLICE DEPARTMENT, AND JACKSONVILLE BEACH
POLICE DEPARTMENT; PERMITTING OFFICERS TO PROVIDE LAW ENFORCEMENT
SERVICE AND OPERATIONAL ASSISTANCE OUTSIDE OF THEIR JURISDICTIONAL
BOUNDRIES; AUTHORIZING THE MAYOR, CITY MANAGER, AND CHIEF OF POLICE
TO EXECUTE THIS AGREEMENT TO EFFECTUATE THE PROVISIONS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Jacksonville Sheriff's Office and the Neptune Beach, Jacksonville Beach, and Atlantic
Beach Police Departments have mutually agreed to share personnel and resources upon request, citing a clear public
safety benefit and operational necessity; and
WHEREAS, local law enforcement may provide assistance under the Mutual Aid Act, Chapter 23, Part 1,
Florida Statutes and Section 1006.12(2)(c), Florida Statutes; and
WHEREAS, the Police Chief, City Attorney and City Manager have reviewed the proposed Voluntary
Cooperation and Operational Assistance Law Enforcement Mutual Aid Agreement and find it acceptable; and
WHEREAS, officers must enter, travel through, and investigate crimes in neighboring municipalities to effectively
prosecute criminals;
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida, as
follows:
SECTION 1. The City Commission hereby approves the Voluntary Cooperation and Operational Assistance
Law Enforcement Mutual Aid Agreement ("Mutual Aid Agreement") as set forth in Exhibit A, attached hereto and
made a part hereof.
SECTION 2. The Mayor, City Manager, and Police Chief are hereby authorized to execute the attached
Mutual Aid Agreement and such other documents as may be necessary to effectuate the purpose of this Resolution.
SECTION 3. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this X30'
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jason G iel, ity Attorney
day of Obbe►; 2025
h
Curtis F rd, Mayor
Resolution No. 25-79 Page 1 of 1
Exhibit A
VOLUNTARY LAW ENFORCEMENT COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
WITNESSETH
This Voluntary Law Enforcement Cooperation and Operational Assistance, Mutual Aid
Agreement, is entered into by the Jacksonville Sheriff's Office, the Atlantic Beach Police
Department, the Jacksonville Beach Police Department and the Neptune Beach Police
Department, all of which are law enforcement agencies within Duval County, Florida, to
address voluntary cooperation and assistance concerning law enforcement operations.
Whereas, the referenced law enforcement agencies jurisdictions are located in relation to each
other and it is to the advantage of the community and the law enforcement agencies to provide
and receive mutual aid by providing law enforcement services to adequately respond to:
(1) Continuing, multi -jurisdictional criminal activity, to protect the public peace and
safety, and preserve the lives and property of citizens; and
(2) Address natural or manmade disasters or emergencies as defined in Chapter 252, part
I, Florida Statutes; and
Whereas, the Jacksonville Sheriff's Office, the Atlantic Beach Police Department, the
Jacksonville Beach Police Department and the Neptune Beach Police Department have the
authority, pursuant to the Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a
mutual aid agreement for law enforcement services which:
(1) Permits voluntary cooperation and assistance with regard to routine law enforcement
operations across jurisdictional boundaries; and,
(2) Addresses providing assistance relating to law enforcement operations in an
emergency.
Whereas, the Jacksonville Sheriff's Office and the undersigned law enforcement agencies
recognize that there is a need for the safety of the community for law enforcement officers to
respond to those who commit violations of the law that are committed in the officers' presence
and those who commit offenses within their respective jurisdictions but are located in another
jurisdiction within Duval County; and
Whereas, the Jacksonville Sheriffs Office and the undersigned law enforcement agencies recognize
that there is a need for a continuing multi -jurisdictional response to persons who commit traffic
infractions who are operating motor vehicles in violation of the traffic laws on the streets, roads or
other traveled ways, including the right-of-way thereof, that are adjacent to, or
Page 11
Exhibit A
from, the boundary between municipalities or between a municipality and the Consolidated City of
Jacksonville.
Now, therefore, the parties agree as follows:
The Jacksonville Sheriffs Office ("the JSO"), the Atlantic Beach Police Department ("the ABPD")
the Jacksonville Beach Police Department ("the JBPD") and the Neptune Beach Police Department
("the NBPD") are law enforcement agencies pursuant to Section 943.10, Florida Statutes.
The referenced law enforcement agencies will individually be referenced to as "the party" or "the
agency" and collectively be referred to as "the parties" or "agencies".
The "Voluntary Law Enforcement Cooperation and Operational Assistance, Mutual Aid Agreement",
will be referred to as the "Agreement."
SECTION I. PROVISIONS FOR VOLUNTARY COOPERATION
The parties enter into the Agreement whereby the respective agencies may provide and request law
enforcement assistance to or from an agency that is a party to the Agreement, for routine law
enforcement services, to address a violation of Florida Statutes. The agencies may provide back-up
law enforcement services during patrol activities and participate in inter -agency task forces and/or
joint investigations.
Further, the respective agencies may request and provide law enforcement assistance to an agency
that is a party to the Agreement to include, but not limited to, law enforcement incidents requiring
utilization of specialized units and participate in inter -agency task forces and/or joint investigations,
escapes from detention facilities, addressing civil disturbances, law enforcement emergencies, protest
demonstrations, aircraft disasters, fire, weather-related incidents, sporting events, concerts, and
parades.
The Agreement is intended to address critical, life-threatening, public safety circumstances, to prevent
bodily injury to citizens, or to assist with the apprehension of criminals whom the law enforcement
officer encounters when immediate law enforcement intervention is appropriate and necessary.
The Agreements is not to be interpreted or construed in any way to permit any agency to transfer
or assume the law enforcement services provided by the other agency that is a party to the
Agreement.
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Exhibit A
SECTION II. PROVISIONS FOR OPERATIONAL ASSISTANCE
The parties enter into this Agreement whereby the respective agencies may provide law
enforcement assistance to another agency, who is a party to the Agreement, to address a violation
of Florida Statutes, pursuant to the following conditions:
A. When an officer, with agency identification, in an assigned police agency motor vehicle
and is clearly identifiable as a police officer, observes, in his or her presence, a violation of
Florida Statutes, the officer is authorized to take law enforcement action when travelling
outside of the officer's jurisdictional boundary.
When the officer engages in law enforcement activities in response to a violation being committed
in his/her presence in another jurisdiction within Duval County, the officer shall immediately inform
the agency in the jurisdiction in which the officer has engaged in law enforcement activities. For
officer safety, such notification shall be via the jurisdictional agency's zone or primary radio
frequency. The officer shall notify his/her agency of any law enforcement action taken outside of
his/her jurisdictional boundaries.
The officer providing law enforcement services, with exception of civil traffic violations, shall
request an officer from the agency with jurisdiction to assist and/or complete necessary acts,
including arrest reports, incident reports or issuance of a citation. The initiating officer will provide
any assistance requested by the agency with jurisdiction, including but not limited to preparing
report(s) and citation(s). The officer shall not have any authority to engage in providing follow-up
law enforcement services outside of his/her jurisdiction when his/her activities are completed with
regards to the matter.
Section H. A. is not intended to grant authority to conduct investigations, serve warrants, capiases, or
subpoenas or to respond to an emergency without a request being made by the agency requesting
assistance.
B. When an officer, with agency identification, in an assigned an agency motor
vehicle and is clearly identifiable as a police officer shall have jurisdictional authority
to take law enforcement action when the offense is committed on or about a
contiguous way.
A "contiguous way" is those streets, roads, or other travelled ways, including the rights of way, that
are adjacent to or transform the boundary between municipalities or between the municipality and
the consolidated City of Jacksonville.
For the respective agencies, concurrent law enforcement authority shall exist for the enforcement of
the Florida Statutes on a contiguous way or the rights of way.
Page 13
Exhibit A
Section II. B. does not authorize officers of the ABPD, the JBPD, or the NBPD to conduct or operate
radar or other traffic deployments outside their respective jurisdiction unless operating pursuant to a
multi -agency task force consisting of the parties to the Agreement and operating within the
jurisdiction of one of the participating parties.
C. When an agency needs assistance, an agency, who is a party to the Agreement,
may provide law enforcement services to the requesting agency, including, but
not limited to, addressing law enforcement incidents requiring utilization of
specialized units and inter -agency task forces and/or joint investigations, civil
disturbances, law enforcement emergencies, the escape from a detention
facilities, protest demonstrations, aircraft disasters, fires, weather related
incidents, sporting events, concerts and parades.
When the agency needs assistance, an authorized representative of the agency requesting
assistance shall notify the agency head or his/her designee from whom the assistance is
requested. The agency head or authorized agency representative whose assistance is sought
shall evaluate the circumstances and determine the agency's available resources, consult with
his/her supervisors, if necessary, and respond in a manner the agency deems appropriate.
The agency head in whose jurisdiction assistance is being rendered, may determine who is authorized
to provide assistance in his/her jurisdiction; the duration of the assistance is authorized, and for the
purpose for which the authority is granted. The authority granted may be oral or in writing, depending
on the circumstances.
D. When an officer of the ABPD, the JBPD or NBPD is investigating a felony or a
misdemeanor which occurred within his/her jurisdiction and determines that
there is probable cause to arrest an individual for a felony or misdemeanor,
when the individual is located in another agency's jurisdiction but within Duval
County, the officer shall have the same authority to arrest the individual as the
officer would ordinarily have within the political jurisdiction for which he/she is
employed.
All officers intending to affect a probable cause arrest or serve a warrant/capias pursuant to section
II. D. shall be on -duty, dressed in his/her agency uniform with agency identification and should, when
possible, request the assistance of the JSO or the agency with jurisdiction where the arrest is to take
place. However, failure to request assistance shall not affect the validity or legality of any arrest made
pursuant to section II, D.
If the offense is a misdemeanor, the officer may make a warrantless arrest if the officer has probable
cause and the arrest is permitted by Section 901.15, Florida Statutes. Warrantless
Page 14
Exhibit A
misdemeanor arrests made pursuant to Section 901.15, Florida Statutes, must be made
immediately or in fresh pursuit of the subject.
SECTION III. AUTHORITY OF LAW ENFORCEMENT OFFICERS OPERATING PURSUANT TO
THIS AGREEMENT
If a violation of the Florida Statutes is committed subject to the conditions referenced within
section II, the officer representing his/her agency shall have the authority to take appropriate
law enforcement action including, but not limited to, arrest or citation of the offender or
offenders.
Officers of the ABPD, the JBPD and the NBPD, upon request by and within the jurisdiction of any
other party of the Agreement, may enforce any local ordinance that may be enforced by the
requesting agency.
SECTION IV. COMMAND AND SUPERVISORY RESPONSIBILITY
The resources or facilities that are assigned by the assisting agency shall be under the immediate command
of a supervising officer designated by the assisting agency head.
If the law enforcement service is provided by the JSO tactical unit including, but not limited to,
the S.W.A.T. or Bomb Squad in response to a request by the ABPD, the JBPD, or the NBPD, the
JSO officers in those tactical units shall be under the command and control of a ISO supervisor
while the unit(s) are operating in Atlantic, Jacksonville or Neptune Beach.
If the JSO requests assistance of a tactical unit of the ABPD, the JBPD, or the NBPD, officers in those
tactical units shall be under the command and control of a supervisor from the respective assisting agency
while the unit is operating in the City of Jacksonville.
SECTION V. POWERS, PRIVILEGES, IMMUNITIES, AND COSTS
A. Officers of the ABPD, the JBPD and the NBPD, when engaged in mutual
cooperation and assistance outside of their jurisdictional boundary, but inside
Duval County, pursuant to the terms of the Agreement, shall, pursuant to the
provisions of section 23.127(1), Florida Statutes, have the same powers,
duties, rights, privileges and immunities as if the officer was performing duties
inside the officer's political subdivision in which he/she is employed.
B. The parties agree to furnish necessary personnel, equipment, resources and
facilities and to render services to another party to the Agreement as set forth
above; provided, however, that no party shall be required to deplete its own
personnel, equipment, resources, facilities, and services in furnishing such aid.
Page 15
Exhibit A
C. The agency furnishing aid, pursuant to the Agreement, shall compensate its
officers and appointees/employees for all cost during the time the aid is
provided and shall be responsible for all costs, including but not limited to the
actual travel and maintenance expenses of its officers while the officers are
providing aid, including any amounts paid for compensation due to personal
injury or death while the officer is engaged in providing aid.
D. An agency that furnishes equipment pursuant to the Agreement must bear the cost
of the loss or damage to the equipment and must pay any expense incurred in the
operation and maintenance of the equipment.
E. The privileges and immunities from liability, exemption from laws, ordinances
and rules and all pension, insurance, relief, disability, worker's compensation,
salary, death and other benefits that apply to the activity of an officer of an
agency when performing the officer's duties within the jurisdictional boundaries
of the officer's agency apply to the officer to the same extent while engaged in
the performance of the officer's duties pursuant to the Agreement. The
provisions of this section shall apply with equal effect to paid, volunteer, and
auxiliary employees.
F. Nothing in the Agreement shall prevent the assisting agency that has provided
law enforcement services from requesting supplemental appropriations to
reimburse the assisting agency for the actual costs or expenses incurred by the
assisting agency from the governing body for which law enforcement services
were provided.
G. Nothing in the Agreement is intended or is to be construed as any transfer or
contracting away of the powers or functions of one parry to the other.
SECTION VI. CONFLICTS
Whenever an officer is providing assistance pursuant to the Agreement, the officer shall abide by
and be subject to the rules and regulations, personnel policies, general orders and standard
operating procedures of his/her agency that he/she is employed by. If any rule, regulation,
personnel policy, general order or standard operating procedure is contradicted, contravened or
otherwise in conflict with a direct order of a superior officer of the another agency, that is a party
to the Agreement, the rule, regulation, personnel policy, general order or procedure for the law
enforcement officer's agency, that employs him or her, shall control and supersede the direct order
of the other agency.
SECTION VII. ADDRESSING COMPLAINTS
Page 16
Exhibit A
Whenever there is cause to believe that a complaint has arisen relating to the cooperative effort,
the agency head or his/her designee of the agency receiving the complaint, shall be responsible
for the documentation of the complaint to ascertain, at a minimum:
A. The identity of the complainant.
B. An address where the complaining party may be contacted.
C. The specific allegation(s).
D. The identity of the officer(s) subject to the complaint, without regard to an
agency affiliation.
If it is determined that the accused is an employee of an assisting agency, the above referenced
information, with all documentation concerning the complaint, shall be forwarded, without delay, to
the agency head or his/her designee of the assisting agency for review. The agency receiving the
complaint may conduct a review of the complaint to determine if a factual basis for the complaint
exists and/or whether any of the employees of the requesting agency violated any of its' agency
policies or procedures.
SECTION DG PUBLIC RECORDS
The respective parties acknowledge that their agency is subject to the Public Records provisions
and applicable statutory exemptions set forth in Chapter 119, Florida Statutes.
SECTION X LIABnxriy
Each party engaging in any mutual cooperation and assistance pursuant to the Agreement, agrees to
assume responsibility for the acts, commissions or conduct of the party's employees while engaged in
providing the aid pursuant to the Agreement subject to the provisions of Section 768.28, Florida Statutes,
where applicable.
SECTION XI. CANCELLATION
Any party may cancel its participation in the Agreement by providing a minimum of thirty (30)
days' written notice to the head of the respective non -cancelling agencies or designee.
Cancellation will be at the sole discretion of any party to the Agreement.
SECTION XII. AMENDMENT
The Agreement may be amended by written instrument acceptable to all the respective parties
referenced in the Agreement.
Page 17
Exhibit A
-MI 0,0 K411 :, =kyl= 3104 1
If any provision within the Agreement is contrary to any state statutory provision and is deemed
illegal or unenforceable, said provision will be separable and the remainder of the Agreement will
remain in full force and affect, notwithstanding the invalidity of the illegal or unenforceable
provision.
SECTION XIV. ENTIRE AGREEMENT
The Agreement contains the entire Agreement between the respective parties and supersedes any
and all prior agreements and understandings whether written or oral, between the parties relating to
the subject matter of the Agreement.
SECTION XV. EFFECTIVE DATE AND TERM
The Agreement shall be effective upon the approval and execution by the designated and authorized
signatories for the ISO, the ABPD, the JBPD and the NBPD. The Agreement will continue to be
effective for (4) years form the execution of the Agreement by the last respective party to execute
the Agreement.
Section XI. Cancellation.
IN WITNESS WHEREOF, the parties hereto cause this foregoing Mutual Aid Agreement to be
signed on the date indicated.
T. K. Waters, Sheriff Date
Jacksonville Sheriff's Office, Duval County, Florida
Pursuant to Section 37.101
Jacksonville Municipal Code
Victor Gualillo, Chief of Police
Atlantic Beach Police Department
Page 18
Date
Exhibit A
Bill Klllingswortn, Gty Manager
City of Atlantic Beach, Florida
Curtis Ford, Mayor
City of Atlantic Beach, Florida
Gene Paul N. Smith, Chief of Police
City of Jacksonville Beach, Florida
Mike Staffopoulos, City Manager
City of Jacksonville Beach, Florida
Christine Hoffman, Mayor
City of Jacksonville Beach, Florida
Michael J. Key, Chief of Police Date
City of Neptune Beach, Florida
Richard Pike, City Manager
City of Neptune Beach, Florida
Cori Bylund, Mayor
City of Neptune Beach, Florida
Page 19
Date
Date
Date
Date
Date
Date
Date
Exhibit A
Form Approved as to the Jacksonville Sheriff's Office only
By:
Office of General Counsel, City of Jacksonville
Pursuant to section 37.101
Jacksonville Municipal Code
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