Recently the Florida Sixth District Court of Appeals decided State vs. Repple, which held that a law enforcement officer has no jurisdiction or authority to take “police action” or collect evidence outside of their jurisdiction, even when the crime occurred within their jurisdiction. The “Repple” decision conflicts with the Florida Fifth District Court of Appeals ruling in State vs. Torres, and the legal conflict has been certified to the Florida Supreme Court. At this time, it is uncertain if the Florida Supreme Court will exercise jurisdiction and resolve the conflict.
Pasco County resides in the Florida Second District Court of Appeals jurisdiction, which has not weighed in on “Repple.” To be proactive, many government entities in the Tampa Bay area are amending current law enforcement MAA’s to avoid potential legal conflicts with the “Repple” decision.
The addendum before you to the City’s existing MAA with the City of Tarpon Springs legally enhances and strengthens law enforcement’s ability “in light of” the "Repple" decision to investigate crimes in each other’s jurisdiction until the expiration of the MAA on January 31, 2025.
City Attorney Tim Driscoll reviewed the MAA before you and approved it as to form.