036-1998 LTC
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach,fJ,us
L.T.C. No. 36-1998
LETTER TO COMMISSION
March 20, 1998
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
FROM:
Sergio Rodriguez
City Manager
SUBJECT: CONCURRENT JURISDICTION/MUTUAL AID AGREEMENT
Over the past six months, the Dade County Association of Chiefs of Police has been
working to forge an agreement between the Miami-Dade County Police Department to
extend the jurisdiction of municipal law enforcement officers to make arrests outside of
their respective City limits under certain limited conditions,
The agreement will be effected by means of an amendment to the existing Joint
De91aration of the Mutual Aid Agreement between Miami-Dade County and our City, as
well as the other participating cities in Miami-Dade County,
This is a bold and historical initiative on the part of our law enforcement professionals in
the Miami-Dade County area, This initiative could not be possible without the absolute
support of Director Carlos Alvarez of the Miami-Dade Police Department. It is by and
through the Miami-Dade County Police Department that concurrent jurisdiction is made
possible,
On Monday, March 30, 1998, at 2:00PM, there will be a ceremonial signing to recognize
the importance of this event at the Headquarters Building of the Miami-Dade County Police
Department, 9105 NW 25 Street, Miami, Florida,
We have attached documents that describe this new program in detail. We will be
presenting this to the Mayor and City Commission for consideration at the meeting on April
15,1998,
SR/a
attachments
ADDENDUM TO JOINT DECLARATION TO MUTUAL AID AGREEMENT
Whereas, it is to the mutual benefit of the municipal police agencies listed below and the
Miami-Dade Police Department, through voluntary cooperation, to exercise concurrent
jurisdiction over the areas described in subparagraphs (a) and (b) below, in that officers, while in
another jurisdiction, are often present at events where immediate action is necessary, or are able
to expeditiously conclude an investigation by identifying and arresting an offender.
a) Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the municipalities represented by the undersigned agency heads and Miami-Dade
County, Florida, excluding those areas within the territorial limits of
municipalities not represented below as participants in this Addendum and areas
in which the Miami-Dade Police Department does not have law enforcement
jurisdiction, for arrests, made pursuant to the laws of arrest, for felonies and
misdemeanors, including arrestable traffic offenses, which spontaneously take
place in the presence of the arresting officer, at such times as the arresting officer
is traveling from place to place on official business outside of his or her
jurisdiction, for example, to or from court, or at any time when the officer is
within the territorial limits of his or her jurisdiction, and provided that, in the
context of this Joint Declaration, "official business outside of his or her
jurisdiction" shall not include routine patrol activities, preplanned operations, or
undercover investigations,
b) Concurrent law enforcement jurisdiction in and throughout the territorial limits of
the municipalities represented by the undersigned agency heads and Miami-Dade
County, Florida, excluding those ~eas within the territorial limits of
municipalities not represented below as participants in this Addendum and areas
in which the Miami-Dade Police Department does not have law enforcement
jurisdiction, for arrests, made pursuant to the laws of arrest, of persons identified
as a result of investigations of any offense constituting a felony or any act of
Domestic Violence as defined in Section 741.28, Florida Statutes, when such
offense occurred in the municipality employing the arresting officer, should the
arresting officer be a municipal law enforcement officer. However, concurrent
jurisdiction under this subparagraph does not include authority to make
nonconsensual or forcible entries into private dwellings, residences, living spaces
or business spaces which are not open to the public, i,e" authority derived
pursuant to this subparagraph may be exercised only when in places open to the
public or private places into which the arresting officer has entered with the
consent of an occupant entitled to give consent.
Prior to any officer taking enforcement action pursuant to either paragraph (a) or (b)
above, the officer shall notify the designated officer of the jurisdiction in which the action will be
taken, unless exigent circumstances prevent such prior notification, in which case notification
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shall be made as soon after the action as practicable, Furthermore, all arrests made pursuant to
subparagraph (a) above shall be processed and coded pursuant to directions of the Clerk of the
Court, in such manner as to insure that any revenues or surcharges generated as a result of said
arrests shall be directed to the jurisdiction in which the arrest was made,
Any municipal police agency electing to participate in concurrent jurisdiction pursuant to
this Addendum shall, before exercising concurrent jurisdiction, adopt as part of that agency's
Standard Operating Procedures, the following Standard Operating Procedure For Concurrent
Law Enforcement Jurisdiction:
ST ANDARD OPERATING PROCEDURE FOR
CONCURRENT LAW ENFORCEMENT JURISDICTION
I. PURPOSE:
To provide specific guidelines for the use of concurrent law enforcement jurisdiction,
II. POLICY:
It shall be the policy of the (name of participating police agency) that law enforcement
officers may make arrests for felonies, misdemeanors and arrestable traffic offenses in
unincorporated Miami-Dade County and within any municipality which participates in this
Mutual Aid Agreement when the offense takes place in the officers' presence while officers
are within their jurisdictions or while they are traveling from place to place on official
business outside his or her jurisdiction, i,e" to or from court, or as a result of an investigation
of any offense constituting a felony or act of Domestic Violence as defined in section
741.28, Florida Statutes, when the offense took place within the jurisdiction of the
investigating officer, Concurrent jurisdiction does not include authority to make forcible
entries into private residences or businesses which are not open to the public, i,e" authority
may only be exercised in places which are open to the public or with the consent of an
occupant entitled to give consent.
A. General Requirements:
1, Prior to taking any enforcement action the officer shall notify the designated officer
of the jurisdiction in which the action will be taken, unless exigent circumstances
prevent such prior notification, in which case notification shall be made as soon after
the action as possible,
2. All arrests made pursuant to this Mutual Aid Agreement shall be coded and processed
in such manner to insure that any revenues or surcharges generated shall be directed
to the jurisdiction in which the arrest was made,
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3, Officers shall not utilize unmarked vehicles to make traffic stops or to engage in
vehicle pursuits,
4, Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agreement does
not include preplanned operations, undercover investigations, stings, or sweeps,
5. Officers shall not conduct routine patrol activities outside of their jurisdiction,
6, Reports of any action taken pursuant to this Mutual Aid Agreement shall be faxed to
the agency head of the agency within whose jurisdiction the action was taken as soon
as possible after the action has taken place,
7, Any conflicts regarding jurisdiction will be resolved by allowing the agency within
whose jurisdiction the action took place to take custody of any arrestees and/or crime
scenes,
8, All concurrent jurisdiction stationary surveillance activities shall require notification
of the agency within whose jurisdiction the surveillance takes place, The notification
shall include the general location of the surveillance and a description of the vehicles
involved, Mobile surveillance shall not require notification unless concurrent
jurisdiction enforcement activities take place,
Any participant in this Addendum may withdraw from participation in the Addendum
only by providing each other participant with written notice of withdrawal 30 days prior to the
date of withdrawal, which date shall be specified in the notice, Furthermore, any participant
wishing to withdraw from participation with one or more other participants may terminate
voluntary cooperation with said participant(s) by providing written notice of termination 30 days
prior to the desired termination date, in which case voluntary cooperation shall remain in force
only with the remaining participants,
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