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 amended and restated Pasco County Law Enforcement MAA accomplishes the following:
- There is language to address and enhance the powers of participating law enforcement agencies due to the “Repple” decision in Section VII – Extraterritorial Power by Municipalities.
- The Pasco County Sheriff’s Office is offering the New Port Richey Police Department (as stated in the MAA) access to their prisoner transportation service at no cost.
- The amended and restated MAA will replace the current Pasco County Law Enforcement MAA once signed by all the participating municipalities and Sheriff Nocco.
City Attorney Tim Driscoll reviewed the MAA before you and approved its substantive content.