i-03LegalAuthorityOfPoliceOfficers

Revisions or additions are highlighted 1 (12/07 /2020 ) ST. PETERSBURG POLICE DEPARTMENT GENERAL ORDER Subject: LEGAL AUTHORITY OF POLICE OFFICERS Index as: Arrest Authority Firearms, Authority to Carry Authority of Police Officers Legal Authority Accreditation Standards: 1.2.1 , 1.2.2 , 33.4.4 CFA 4.03 Cross Reference: St. Petersburg City Charter Article IV, Section 4.04 St. Petersburg City Code Sections 2 -49, 23 -26, 26 -31 §166.021(1) and (2), §790.051 and .052, Chapter 901, §943.1(1), §943.10(1), §943.12, §943.13 , §943.135, F.S.S. Replaces : G.O. I -3, Legal Authority of Police Officers ( March 12, 2019 ) All Law E nforcement Officers must meet certain general qualifications in order to exercise the legal authority with which they are vested. This Order sets forth those general qualifications and the development of the City's authority to create a Police Department and vest lega l authority in officers who qualify under state and local standards. This Order consists of the following sections: I. Legal Authority Vested in Police Officers of the City of St. Petersburg II. General Qualifications of Officers Established III. General Lawful Autho rity of City of St. Petersburg Police Officers to Carry Firearms and make Arrests I. LEGAL AUTHORITY VESTED IN POLICE OFF ICERS OF THE CITY OF ST. PETERSBURG A. Under Chapter 15505, Special Laws of Florida. 1931, the Legislature of the State of Florida established a City Charter for the City of St. Petersburg which, among other things, provided governmental and police powers to the City of St. Petersburg. Under Section 10 of the 1931 Charter, the City Manager (now Mayor) was given specific powers and duties, including the duty to see that all laws and ordinances of the City are enforced, and to create and control all departments of the City, including the Police Department. Under Section 3(m) of the 1931 Charter, the City of St. Petersburg was spe cifically granted the power "to exercise full police powers...and to establish and maintain a department or division of police, and to erect necessary buildings and purchase all implements and apparatus therefore, "The 1931 Charter became effective on May 30, 1931, and various portions of the 1931 Charter remain in effect today. B. In 1973, the Legislature of the State of Florida enacted the Municipal Home Rule Powers Act (Chapter 73 -129, Laws of Florida, 1973). Under the Municipal Home Rule Powers Act, Florida Municipalities were given broad governmental, corporate, and proprietary powers to enable them to exercise any power for municipal purposes, except when expressly prohibited by law, §166.021(2), F.S.S. "Municipal purpose" was defined as "any activity or power which may be exercised by the state or its poli tical subdivisions", §166.021(2), F.S.S. The Municipal Home Rule Powers Act of 1973 secured for Florida municipalities the broad home rule powers granted by the 1968 Florida Constitution. C. Section 1.01 of the City of St. Petersburg Charter grants unto the City the general power to "perform municipal functions and render municipal services" which would include police service. This is consistent with the authority granted to municipalities by §166.021(1), F.S.S. Section 4.04 of the City of St. Petersburg Char ter grants the Mayor authority to appoint city employees and appointive administrative officers, as well as create departments. DATE OF ISSUE EFFECTIVE DATE NUMBER October 2016 Immediately I-03 Distribution: All Employees General Order I -03 Revisions or additions are highlighted 2 (12/07 /2020 ) D. The City of St. Petersburg has created a Police Department. Section 2.01 of the City of St. Petersburg Administrative Regulatio ns, General Organization, places the Police Department under the supervision of the Mayor through a City Administrator. E. By Resolution #72 -343, the City Council of the City of St. Petersburg certified that all currently employed police officers meet the qu alifications established by the Police Standards Council of the State of Florida and further certified that police officers subsequently employed would meet those standards. F. Section 23-48 of the St. Petersburg Code, vests authority in the Chief of Police and the Police Department to enforce the appropriate provisions of the City Code. Section 2 -49 of the City Code authorizes the Chief of Police or police officers to serve subpoenas issued by the Mayor in conjunction with an investigation being conducted by the City. Further, Section 23-19 of the City Code vests authority in the Chief of Police to designate certain vehicles as "special use vehicles" which may be operated in or upon any city park or sidewalks by law enforcement officers. Chapter 26, Article I I of the Code addresses the traffic and vehicle enforcement duties of the Police Department. II. GENERAL QUALIFICATION OF OFFICERS ESTABLISHED BY LAW AND BY POLICY RESOLUTION A. For purposes of employment and training, §943.10(1), F.S.S. defines the term "law enforcement officer" as follows