Resolution No. 21-74 vRESOLUTION NO.21-74
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA APPROVING
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, FOR UP TO A TWO-YEAR
PERIOD, AUTHORIZING OFFICERS FROM EACH AGENCY TO PROVIDE
LAW ENFORCEMENT SERVICE AND OPERATIONAL ASSISTANCE OUTSIDE
OF THEIR JURISDICTIONAL BOUNDRIES.
WHEREAS, the Jacksonville Sheriff's Office, Neptune Beach Police Department, Jacksonville
Beach Police Department and the Atlantic Beach Police Department agree that there is a public safety
benefit and operational necessity to share personnel and resources upon request; and
WHEREAS, local law enforcement may provide such assistance in accordance with the Mutual
Aid Act, Chapter 23, Part 1, Florida Statutes and Section 1006.12(2)(c), Florida Statutes;and
WHEREAS, the Police Chief and City Manager have reviewed the proposed Voluntary
Cooperation and Operational Assistance Law Enforcement Mutual Aid Agreement and find it acceptable;
and
WHEREAS, Officers from the jurisdictions named in this agreement enter into, travel through
and investigate crimes in these neighboring municipalities; and
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 Public Safety Director (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 22''day of NOV. , 2021.
6(e/177--
Ellen Glasser, Mayor
Attest:
os.eie.
Donna L. Bartle,City Clerk
Approved as to form and correctness:
lA , i
Bre a . Durde ty Attorney
01557816-I
Exhibit A
Resolution No. 21-74
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 referenced 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 Sheriffs 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
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Exhibit A
Resolution No. 21-74
from,the boundary between municipalities or between a municipality and the Consolidated City
of Jacksonville.
Now,therefore,the parties agree as follows:
The Jacksonville Sheriff's 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 violations 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,
prevent bodily injury to citizens or assist with the apprehension of criminals who 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,for any agency to transfer to,
or for any agency to assume,the law enforcement services provided by the other agency that is
a party to the Agreement.
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Exhibit A
Resolution No. 21-74
SECTION U. 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,who is on-duty, dressed in his/her agency police uniform with
agency identification and assigned an agency motor vehicle,observes, In his or
her presence,a violation of Florida Statutes. The officer is authorized to take law
enforcement action,as a law enforcement officer for the agency,when
travelling,outside of the officer's agency's jurisdictional boundary,when the
officer is on-duty and engaged in his/her official duties for his/her agency,
including but not limited to travel to and from the Duval County Courthouse,
State Attorney's Office and any jail facility within Duval County.
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
advise his/her agency and in response,the officers'agency shall immediately inform the agency
in the jurisdiction in which the officer engaged in law enforcement activities.
The officer providing law enforcement services,upon the arrival of an officer of the agency having
Jurisdiction, with the authority of the agency with jurisdiction, may complete necessary acts,
including the arrest or issuance of a citations) or 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 regard to the matter.
Section Ii. 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, who is on-duty, dressed In his/her agency uniform with agency
identification and assigned to an agency motor vehicle,observes a violation of
Florida Statutes,will have Jurisdiction 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.
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Exhibit A
Resolution No. 21-74
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.
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.
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Exhibit A
Resolution No. 21-74
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 F.S., section 901.15. Warrantless misdemeanor
arrests made pursuant to F.S, section 901.15 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
J5O 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 ISO 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
51P age
Exhibit A
Resolution No. 21-74
above; provided,however,that no party shall be required to deplete its own
personnel,equipment,resources,facilities,and services In furnishing such aid.
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 cost, 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.
0. 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 party 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
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Exhibit A
Resolution No. 21-74
enforcement officer's agency, that employs him or her, shall control and supersede the direct
order of the other agency.
SECTION VII.ADDRESSING COMPLAINTS
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 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 procedures.
SECTION IX. PUBLIC RECORDS
The respective parties acknowledge that their agency is subject to the Public Records provisions,
pursuant to Chapter 119, Florida Statutes,and applicable statutory exemptions.
SECTION X.LIABILITIY
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.
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Exhibit A
Resolution No. 21-74
SECTION XII.AMENDMENT
The Agreement may be amended by written instrument, acceptable to all of the respective
parties,referenced in the Agreement.
SECTION XIII, SEVERABILITY
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 Sheriff,JSO,the ABPD,
the JBPD and the NBPD. The Agreement will continue and be effective for two(2)years from the
the execution of the Agreement by the last respective party to execute the Agreemnt.
IN WITNESS WHEREOF, the parties hereto cause this foregoing Mutual Aid Agreement to be
signed on the date' dicated.
AI1i z/
Mike Williams,Sh riff Date
Jacksonville Sheriff's Office,Duval County, Florida
Pursuant to section 37.101
Jacksonville Municipal Code
Victor Gualillo, Chief of Police Date
Atlantic Beach Police Department
Shane Corbin,City Manager Date
City of Atlantic Beach, Florida
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Exhibit A
Resolution No. 21-74
Ellen Glasser,Mayor Date
City of Atlantic Beach,Florida
Gene Paul N.Smith,Chief of Police Date
City of Jacksonville-fro',
Florida
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Mike Staffop• los,Cit.ger;ger Date
City of Ja. sonville Beach, Florida
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Christine Flo an,Mayor Date
City of Jacksonville Beach,Florida
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Richard Pike,Chi of Police Date
City of N••tune Beach,Florida
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S e ti nn,Cl.!Manager Date
q.oepf n Beach,Florida
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Elaine Brown,Mayor Date
City of Neptune Beach,Florida
Form Appro -d as to the Jacksonville Sheriff's Office only
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By: i a./ Ali `/
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Asst.General Counsel,Office of General Counsel,
Approved as to form
Pursuant to section 37.101,
Jacksonville Municipal Code
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