Mutual Aid Policy & Procedures - Sheriff's Office

General Information

• Policy and Procedures document from the Osceola County Sheriff's Office
• Number is 248.0
• Effective Date: 08/23/24
• PRC Review: 10/31/23
• S.M.E. Review: 12/20/13
• Rescinds: 02/13/20
• Subject is Mutual Aid

Purpose of the Policy

• Describes the agency’s jurisdictional boundaries.
• Provides guidelines for the proper use of mutual aid.

Policy Statement

• Agency aims to work constructively with other law enforcement agencies.
• It does this by providing or receiving assistance in the form of services, personnel, and equipment for emergencies and other identified needs.

Definitions

• Assisting Agency: An agency providing assistance under a Mutual Aid Agreement.
• Jurisdiction/Jurisdictional: The geographical area within which a law enforcement agency has authority and maintains responsibility.
• Mutual Aid Agreement: A cooperative agreement among government agencies allowing for quick and efficient augmentation of resources, as authorized by Chapter 23, FSS.
• Requesting Agency: An agency requesting assistance under a Mutual Aid Agreement.

Jurisdictions

• The agency’s Jurisdiction is Osceola County, Florida. This is described in Chapter 7 FSS.
• The Sheriff is the chief law enforcement officer in Osceola County with full authority and responsibility to uphold the law and preserve the peace.
• The Sheriff’s authority extends throughout Osceola County, including incorporated areas.
• Federal and state law enforcement agencies have Jurisdiction within Osceola County, Florida.
• Agency members should know the agency’s Jurisdictional boundaries and the services available from other agencies.
• They must comply with applicable Mutual Aid Agreements and the proper procedures for requesting or providing mutual aid.
• The Osceola County Sheriff’s Office Communications Section maintains communication links with municipal police departments within Osceola County, Florida Highway Patrol, Fire Service stations (including fire and rescue vehicles), and surrounding Sheriff’s Offices.

Mutual Aid Agreements

• The agency is a party to the statewide Mutual Aid Agreement among all Florida Sheriffs. No sheriff or deputy is empowered under the Sheriff’s Statewide Mutual Aid Agreement to operate in another county without prior approval of the sheriff with Jurisdiction. Osceola County sworn members wishing to take law enforcement action in another county must obtain advance permission from that county’s Sheriff’s Office per policy section 4(C).
• The agency has Mutual Aid Agreements with the cities of Kissimmee, St. Cloud, and Orlando.
• If an officer from one of these agencies wishes to take law enforcement action in an area of Osceola County outside his/her regular Jurisdiction, the officer must obtain prior permission from this agency.
• This requirement has several exceptions:
  • When the officer is taking action in the other municipality pursuant to a Mutual Aid Agreement with that city.
  • When the officer is in fresh pursuit originating in his/her Jurisdiction.
  • The officer is providing backup to an Osceola County sworn member.
  • In an emergency situation requiring instant law enforcement action, the officer may take law enforcement action, and then notify this agency.
  • If the situation doesn't require immediate action, the officer must notify the agency before taking law enforcement action.
  • When a felony or misdemeanor is likely to cause immediate danger to persons or property occurring in the officer’s presence or the officer is immediately notified of such an event by a witness, the officer representing his/her agency, is empowered to take law enforcement action in accordance with Florida law.
• If the officer takes such law enforcement action and, while doing so, another misdemeanor or felony per Florida law occurs in his/her presence (e.g., resisting a law enforcement officer with violence), the officer, representing his/her agency, is empowered to take law enforcement action.
• In either situation, officers shall notify the on-duty Platoon Lieutenant for the Osceola County Sheriff’s Office before taking any action unless exigencies necessitate immediate action.
• If immediate action is necessary, the Platoon Lieutenant should be notified immediately thereafter.
• Officers from these agencies are prohibited from taking off-duty jobs in areas outside their usual Jurisdiction, unless there is a Mutual Aid Agreement.
• Sworn members are also prohibited from taking any action as a member of the Sheriff’s Office that would result in rent-free or reduced-rent apartments that are not in their Jurisdiction.

Mutual Aid Agreements - Provisions

Operational Assistance

• Each agency may request and render law enforcement assistance for law enforcement emergencies.
• Includes civil disturbances, aircraft disasters, fires, natural or manmade disasters, escapes from detention facilities, parades, hostage or barricaded suspect situations, specialized units, demonstrations, sporting events, concerts, conferences, and any other unusual occurrence.
• If other law enforcement personnel are assigned to the Osceola County Sheriff’s Office, they may work as an independent squad, led by a Sheriff’s Office Supervisor, if possible.
• If there are less than five individuals, they will be integrated into a Sheriff's Office squad.

Voluntary Cooperation

• Each agency may request and render voluntary cooperation and assistance of a routine law enforcement nature across Jurisdictional lines.
• Assistance may include investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, and drug offenses. Agencies may conduct joint investigations/operations and participate in inter-agency task forces.

Requesting Assistance

• An agency needing assistance contacts the other agency, who has sole discretion to decide what aid will be given.
• The resources and facilities committed by the Assisting Agency are under the command of their Supervisor, who is under the direct command of a person designated by the Requesting Agency.

Compensation and Liability

• Assisting Agencies are responsible for compensating their participating members, their conduct and equipment costs.

Officer Conduct

• Officers rendering aid under a Mutual Aid Agreement must abide by the rules, regulations, personnel policies, general orders, and standard operating procedures of their employing agencies, even if an officer receives a contradictory order from the Requesting Agency.

Powers and Immunities

• Officers rendering aid under a Mutual Aid Agreement in another Jurisdiction have the same powers, duties, rights, privileges, and immunities as if performing duties in their regular jurisdiction.
• A member’s privileges and immunities from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits apply when performing duties extraterritorially under a Mutual Aid Agreement.
• Applies equally to paid, volunteer, and reserve members.

Sheriff's Authority

• The Sheriff decides who is authorized to lend assistance in Osceola County, the nature/duration/purpose of the assistance. Other Sheriffs in the state retain similar discretion.

Radio Communications

• The Requesting Agency is responsible for recording radio communications (e.g., time en route, number of units responding, time of arrival, time of completion, etc.).

Prisoner Transport and Temporary Facilities

• The Assisting Agency helps to transport/process prisoners during mass arrest situations, upon request, and assists with operating temporary detention facilities, likewise, upon request.

Complaints

• If a complaint arises from actions taken under mutual aid, the Requesting Agency is responsible for documenting the complaint, getting required information, and providing the information and documentation to the Assisting Agency’s Internal Affairs Unit. The agency employing the subject of the complaint is responsible for conducting an appropriate review.

Forfeiture Action

• The Requesting Agency, in operational assistance, or the seizing agency, in the case of voluntary cooperation, is responsible for maintaining any applicable forfeiture action. Proceeds are to be divided to reflect resources committed by each party, with parties mutually agreeing upon appropriate formula.

Providing or Requesting Aid Protocol

• Osceola County sworn members conducting an investigation in another county must notify their respective Major via the chain of command.
• A Lieutenant or above may request mutual aid, but sworn members wishing to request it must put their requests in writing and direct them through an on-duty Lieutenant.
• Verbal requests are allowed in emergencies or when necessary, but must be followed with written confirmation as soon as possible.
• All requests shall specify:
  • The type of equipment needed, the number of personnel required, and the location where the equipment or personnel will be assigned.
• Confirmations or written requests may be delivered by hand, U.S. Mail, teletype, or email.
• The Mutual Aid Worksheet (SO-03-79) shall be completed via Laserfiche by the Lieutenant or above approving or requesting mutual aid other than voluntary cooperation within the Jurisdiction of Osceola County.
• The form shall be forwarded through the chain of command to the General Counsel and a copy forwarded to Research and Development.
• All requests shall be forwarded to their respective Major.
• A request to another county shall be directed to the Sheriff or designee of that county.
• A request to a Mutual Aid Agreement city, Kissimmee, St. Cloud, or Orlando, shall be directed to the Chief of Police or on-duty Watch Commander.
• A Lieutenant or above may grant authority to provide mutual aid.
• On-duty Platoon Lieutenants are responsible for the day-to-day administration of these requests.
• The Platoon Lieutenant, or other approving authority shall ensure the request meets the requirements of the Mutual Aid Agreement with that agency.
• If request for mutual aid is denied, the denying member shall advise the Requesting Agency’s Supervisor that the request was denied and the reasons for the denial.
• If an officer takes law enforcement action in another Jurisdiction pursuant to mutual aid, he/she shall notify the agency having Jurisdiction and take all necessary steps to lawfully complete the enforcement action (e.g., arrest and transport the suspect and complete appropriate reports, etc.).
• Upon request by the other party, the requesting or Assisting Agency shall complete a detailed report and forward a cop to the other agency.
• Sheriff’s Office members shall coordinate with agencies when jointly investigating crimes committed in another Jurisdiction, and they shall complete a report documenting their investigations.
• If a member suspects an officer from another agency is taking or did take, law enforcement action in unincorporated Osceola County without proper authority, he/she shall notify a Platoon Lieutenant through the chain of command.
• The Platoon Lieutenant shall investigate the incident and their respective Major shall be notified of any such incident.
• Members with Lieutenant’s or above approval are encouraged to contact the agency’s General Counsel with any questions about mutual aid before taking action.

Outlines jurisdictional boundaries. Provides guidelines for the proper use of mutual aid with other law enforcement agencies. Details assistance in the form of services, staffing, and equipment for emergencies and other needs.