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\n\n--- Page 1 ---\n\nFORT MYERS POLICE DEPARTMENT GENERAL ORDER 1.4 TITLE: Agency Jurisdiction & Mutual Aid INDEXING: Mutual Aid Agreements, Memorandums of Understanding (MOU), Memorandums of Agreement (MOA), Jurisdiction, Task Forces ISSUED: 09/01/95 REVISED: 05/08/2024 RESCINDS: 02/22/2019 C.A.L.E.A. STANDARDS: 2, 42 C.F.A. STANDARDS: PAGES: 4 CONTENTS This general order contains the following numbered sections: I. Definitions III. General Procedures II. Boundaries & Jurisdiction IV. List of Mutual Aid Agreements PURPOSE The purpose of this order is to define the concurrent jurisdictional authority and boundaries of the department and to establish guidelines for providing mutual aid assistance to other law enforcement agencies. SCOPE These procedures shall apply to all Fort Myers Police Department personnel. SECTION I: DEFINITIONS A. Concurrent Jurisdiction: The sharing of, or having equal authority, within the same jurisdictional boundaries by two or more governmental entities. B. Law Enforcement Emergency: Any situation that exceeds the capability of the local agency to counteract effectively. C. Mutual Aid: An agreement by which a law enforcement agency may render assistance to another agency in law enforcement emergencies. SECTION II: BOUNDARIES & JURISDICTION A. Boundaries: The geographical boundaries of the Fort Myers Police Department's jurisdiction are defined by the City of Fort Myers Charter. The general description shall be depicted on the official city map, adopted by the Fort Myers Police Department, and displayed throughout the department. (C.A.L.E.A. 2.1.1) B. Jurisdiction: Within the incorporated limits of the City of Fort Myers, the Fort Myers Police Department shall be responsible for continuously enforcing Florida State Statutes and municipal ordinances, responding to emergencies, and conducting general law enforcement duties. (C.A.L.E.A. 2.1.1) (C.A.L.E.A. 2.1.2) 1. The Fort Myers Police Department shall have concurrent jurisdiction primarily with the Lee County Sheriff's Office. G.O. 1.4 Agency Jurisdiction & Mutual Aid 1 of 4 05/08/2024\n\n--- Page 2 ---\n\n2. Concurrent jurisdiction shall exist with all state and federal law enforcement agencies. 3. In any situation where a question arises concerning jurisdiction with another agency, the responding Fort Myers officer shall make every effort to resolve the matter in the most professional manner possible. 4. If this matter cannot be resolved by the responding officer, he shall notify his immediate supervisor. SECTION III: PROCEDURES A. The Fort Myers Police Department has entered into numerous local Mutual Aid Agreements with various law enforcement agencies to assist with personnel and equipment in times of law enforcement emergencies, as well as with other unique agreements, assignments and / or task forces. Only the Chief of Police and / or the Chief Executive Officer of the agreeing agency, or their designees, shall be authorized to activate a Mutual Aid Agreement, a Memorandum of Agreement, or a Memorandum of Understanding. (C.A.L.E.A. 2.1.3a,c,d) B. Copies of all local Mutual Aid Agreements, Memorandums of Understanding (MOU), and Memorandums of Agreement (MOA) shall be maintained in Administration. Any agreements that are relevant to General Orders will be attached as Annexes, and be placed into and updated on the Intranet’s Power DMS Software program, as needed. (Some examples of agreements are outlined in Section IV). The following procedures shall apply, unless otherwise directed by an individual agreement or understanding: 1. In situations where federal law enforcement assistance is necessary for an emergency, the Chief of Police or designee shall notify the appropriate federal agencies. Requests for the National Guard will be made to the City Manager who is responsible for contacting the appropriate authorities with the said request. (C.A.L.E.A. 2.1.4) 2. Response: Any request for assistance made under a Mutual Aid Agreement, an MOA, or MOU shall specify exactly what resources are requested, what the agreement or task force is for, how long the agreement is for, the identity of persons to whom outside personnel are to report to, and any restrictions associated with the assignment or task force, etc. (Refer to each document). (C.A.L.E.A. 2.1.3c,d,e) a. The type and amount of personnel that are furnished shall be determined by the agency to which the request is made. C. Power & Duties: The Fort Myers Police Officer rendering assistance under the Mutual Aid Agreement, the MOA, or MOU shall have the same privileges and immunities as if they were performing their duties in the jurisdiction in which they are normally employed. (C.A.L.E.A. 2.1.3a,b) 1. No officer rendering assistance shall be required to perform any act which would violate any General Order or Standard Operating Procedure in the jurisdiction in which they are normally employed. D. Release From Duty: The responding agency's personnel and equipment shall be released by the requesting agency when such personnel and equipment are needed in the jurisdiction in which they normally furnish police protection. Should the need arise, the Chief of Police, the G.O. 1.4 Agency Jurisdiction & Mutual Aid 2 of 4 05/08/2024\n\n--- Page 3 ---\n\nrequesting or aiding agency, or their designees, may at any time recall personnel and equipment to the jurisdiction in which they are normally employed. E. Communications: The supervisor of the local agency rendering assistance shall be equipped with a portable radio capable of communicating with this department. When possible, additional portable radios will be furnished to officers rendering assistance. The Communications Section shall be capable of maintaining contact with assisting officers and their respective agencies. (C.A.L.E.A. 2.1.3f) F. Operational Costs and Expenses: The agency or jurisdiction that furnishes any equipment pursuant to the Mutual Aid Agreement, MOA, or MOU shall bear the loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof. The agency or jurisdiction furnishing aid pursuant to this part shall compensate its employees during the time of the rendering of such aid pursuant to State Statutes and the Mutual Aid agreement. (C.A.L.E.A. 2.1.3g) G. Liability: Each agency shall bear the liability arising from acts undertaken by its own personnel pursuant to each document. All privileges, immunities from liability, exemptions from law, ordinances and rules, and all benefits that apply to the activity of employees while acting within their own jurisdiction, shall apply to them to the same extent, while engaged in the performance of their duties in another jurisdiction, pursuant to the document. It shall not be necessary for officers of the Fort Myers Police Department to be sworn or deputized by the requesting agency. (C.A.L.E.A. 2.1.3b) H. Filing, Reviewing, and Canceling Mutual Aid Agreements: Florida State Statute 23.12, known as "The Florida Mutual Aid Act" governs the ability of law enforcement agencies to enter in inter- local agreements or mutual aid pacts. One stipulation of this act is that each agreement has a fixed period of duration. Therefore, each agreement shall have a fixed starting and ending date, a cancellation provision, and shall be subject to annual review. Each mutual aid agreement shall be filed with the Florida Department of Law Enforcement within (14) fourteen days. (C.A.L.E.A. 2.1.3h) I. Task Forces: All investigative and/or operational task forces, either intra or inter agency, shall have a written plan consisting of the following: (CALEA 42.2.4) 1. Identification of the purpose for the task force. 2. Definition of authority, responsibility and task force supervision. 3. Staffing, Equipment and available resources. 4. Officer Safety information. 5. An evaluation of results and /or the need for continuation of the task force. 6. Identification procedures for task force participants.