Agenda

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County Attorney's Report 16. 2.

BCC Regular Meeting

Action

Meeting Date:	04/06/2017
Issue: Request for an Attorney General's Opinion
From:	Alison Rogers
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Request for an Attorney General's Opinion Concerning the Operation of a Correctional Facility Located Within the Jurisdictional Boundaries of an Adjoining County

That the Board authorize the County Attorney's Office to request an Attorney General's Opinion concerning the following questions:

1. May Escambia County operate a correctional facility on property that is located in an adjoining county with Escambia County Correctional Officers having the same limited authority to perform their duties, as defined in §943.10(2), Florida Statutes?

2. If no, may Escambia County enter into an Interlocal Agreement with the county and the designated chief correctional officer where the facility is located to authorize the County to operate a correctional facility in the adjoining county and grant Escambia County Correctional Officers the limited authority to perform their duties, as defined in §943.10(2), Florida Statutes?

BACKGROUND:

The County is considering the feasibility of leasing certain real property located in Santa Rosa County known as the Berrydale Forestry Camp from the Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, for the purpose of temporarily housing displaced Escambia County inmates until such time as the new jail facility is completed. In the absence of any direct legal authority, the County Attorney’s Office is requesting an opinion from the Office of the Attorney General as to whether Escambia County may operate a correctional facility within the jurisdictional boundaries of an adjoining county and whether Escambia County Correctional Officers would have the same authority to perform their duties within the facility if located in another jurisdiction.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Draft Letter to AGO