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CRESPOGRAM REPORT

Sec. 42-8. - Special off-duty police services; fees.

(a)

Evaluation of requests. The chief of police or his designee shall cause the requests for off-duty police officers to provide services to persons or businesses requesting the same to be evaluated on the basis of the reasonableness thereof, including in such evaluation the factors of existing laws, ordinances, rules and regulations, personnel scheduling availability, risk of harm to personnel, and police department efficiency.

(b)

Administrative fee. As a fee payable to the city to offset the administering of the herein off-duty police services program, the chief of police shall cause to be collected and shall establish procedures for the collection by the city of a fee of $3.00 per-hour, per-man, per-location. Said fee will require a three-hour $9.00 minimum per-man, per-location.

(1)

Notwithstanding the above, assignments for residential off-duty patrol will be subject to a $10.00 administrative fee.

Multiple police officers, days or locations shall be assessed on a per-man, per-job, per-hour basis for contractual employment of off-duty police officers by private persons or firms. (Each shall be subject to the three-hour minimum). This fee shall be in addition to any special assessments which may be required and shall also be in addition to the hourly compensation rate payable to the individual sworn police officer. Monies received hereunder by the city shall be placed in the general fund except that $5.00 of each administrative fee collected shall be placed in the city self-insurance and insurance trust fund.

(c)

Liability for claims. The city expressly recognizes its ongoing responsibility to provide self-insurance coverage, subject to the maximum amounts provided in F.S. § 768.28, for tort liability and workers' compensation claims arising out of and in the course and scope of assigned off-duty police officers performing law enforcement duties during the period of such assignment. Nothing contained herein shall be deemed to limit the tort liability or subrogation of parties for or on behalf of whom off-duty police services are rendered, or upon whose property these services are performed. Further, nothing contained herein shall be deemed a waiver of any defense or denial of coverage permitted by law.

Liability for all civil actions and judgments (excluding individual punitive damages) arising out of claims resulting from the performance of duties unrelated to law enforcement during the period of said assigned off-duty police services shall be borne by the party requesting such off-duty police services. The party for or on behalf of whom such duties unrelated to law enforcement have been rendered shall hold the city, its officers, agents and employees, harmless for any and all claims, demands, actions, causes of action, suits, damages, loss and expenses, judgments, and attorney's fees and costs expended in defense of same.

(d)

Compensation of officers limited. Parties receiving off-duty police services shall not offer, nor shall off-duty police officers accept, any compensation for such off-duty police services or other services above than specified by the chief of police.

(Ord. No. 8994, §§ 1—5, 9-27-79; Ord. No. 9059, § 1, 1-24-80; Ord. No. 10127, § 1, 7-10-96; Code 1980, § 42-8.1; Ord. No. 11423, § 2, 12-12-96)

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