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E.P.P. 017 LONGWOOD POLICE DEPARTMENT ENFORCEMENT POLICY & PROCEDURE NUMBER: EPP – 17 SUBJECT: TRAFFIC ENFORCEMENT EFFECTIVE: JANUARY 22, 2001 REVISED: FEBRUARY 1, 2022 ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 1 of 35 I. PURPOSE The purpose of this directive is to establish procedural guidelines and standards for personnel charged with enforcement of traffic laws and assisting the public with related traffic matters. II. SCOPE Traffic law enforcement is the responsibility of all sworn officers. Activities should be directed to control violations of the traffic laws through preventative patrol and active enforcement. III. GENERAL A. It shall be the policy of the Police Department to enforce the traffic laws in a uniform and consistent manner without regard to race, religion, sex, age, or economic status. B. Citation management, accountability and issuance procedures will be in compliance with Florida State Statute 316.650 and the Uniform Traffic Citation Procedures Manual provided by the Florida Department of Highway Safety & Motor Vehicles. C. There shall be no "quota system" imposed or implied, nor any other procedure by which an employee is required to cite a specific or minimum number of motorists during a specified time period. D. Officers utilizing patrol vehicles with vehicle mobile camera systems are required to record their traffic enforcement activities at all times. These records, when evidence and non-evidence, will be managed as provided in EPP- 11 Evidence Collection. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 2 of 35 IV. CONDUCT Officers shall conduct themselves in a courteous manner and will not intentionally humiliate, embarrass or harass members of the community. Officers are reminded that the purpose of a traffic stop is to not only bring a violation to the attention of a driver, but to also have a positive influence on the driver's future driving habits. Officers will: A. Be certain that the vehicle they stopped has in fact committed the violation; B. Present a professional image by proper dress, grooming, language and bearing; C. Maintain a professional attitude throughout the stop; D. Greet the driver with appropriate title in a courteous manner; E. Request (and not demand) their driver’s license, registration, and proof of automobile insurance; F. Observe the driver for signs of physical impairment or emotional distress; G. Explain the reason for the stop to the driver; H. Explain the citation to the driver, including providing information relative to: 1. The nature of the violation; 2. Whether it is a criminal or moving/non-moving, non-criminal infraction, and whether the offense may be paid by mail or requires a court appearance; 3. Court appearance schedule, if appropriate; 4. The amount of the fine, if the fine may be paid by mail. If it is a "mail able" violation, the driver will be given the address and telephone number of the Traffic Violations Bureau; 5. The appeal process available through the Clerk of the Court's Traffic Violations Bureau; and, 6. The potential availability of Driver Improvement School (arranged through the Traffic Violations Bureau) and a list of Driver Improvement Schools. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 3 of 35 7. Any other application listed on the rear of defendant’s copy of the Florida Uniform Traffic Citation. I. Conduct the traffic stop as expeditiously as possible. V. ENFORCEMENT POLICIES It is impossible to foresee every conceivable situation involving traffic violations. Officers must decide what enforcement action is proper based on a combination of training, experience and common sense. The following represents general policies that are to be followed for specific offenses. A. Multiple Violations: Officers shall exercise discretion when handling a driver with multiple violations. Consideration will be given to issuing citations that would "combine" charges encompassing multiple lesser violations. B. Driving Under the Influence of Alcohol/Drug: Officers shall make a concerted effort to detect and apprehend those persons suspected of driving under the influence. Officers shall refer to the Enforcement Policy and Procedure Driving Under the Influence Countermeasures Program for procedural policies in handling D.U.I. arrests. C. Driving With a Suspended or Revoked License: 1. Knowingly driving with a suspended or revoked license is a criminal offense that authorizes the officer to physically arrest the driver (with the exception of a "financial responsibility suspension" - see below). 2. A driver with a suspended or revoked license, if released at the scene of the traffic stop, shall be informed of the consequences if further driving on a suspended or revoked license is observed, and will not be allowed to drive their vehicle away from the scene and should be physically arrested if they attempt to do so. 3. When a driver is not physically arrested, an officer will seize the license of a suspended or revoked driver and submit it to the Records Division; the Records Division will then forward them to the Clerk of the Court. If the driver is physically arrested, the license will be seized and attached to the Clerk of the Court's arrest case package along with all issued citations. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 4 of 35 4. Financial Responsibility Suspension: a. The driver should not be physically arrested unless other circumstances are present that merit such action. b. If the driver operating the vehicle is the owner or co-owner and if their driver's license or registration has been suspended for financial responsibility reasons for more than thirty days, or if D.M.V. and/or D.H.S.M.V. teletype indicates to seize the tag if driver is owner or co-owner of the vehicle, the officer will seize the tag. The officer shall also verify, through F.C.I.C., whether D.H.S.M.V. has ordered the tag seized. c. The officer will forward the tag to the property control and evidence section, along with a copy of the teletype ordering the seizure; the evidence section will submit the tag to D.H.S.M.V. 5. Mandatory Impoundment of a Vehicle: a. Upon the arrest of a vehicle's owner for driving with a suspended/revoked license, an officer is required by law to impound the vehicle if they find that (upon an F.C.I.C. check of the vehicle) that the Department of Highway Safety and Motor Vehicles has ordered it impounded. D.H.S.M.V. impoundment orders are issued when there is a specific license suspension or revocation history on the owner or co-owner. NOTE: The Department of Highway Safety and Motor Vehicles makes all determinations as to whether a vehicle will be impounded. Officers will not impound any vehicle unless D.H.S.M.V. has placed such an order into the F.C.I.C. system, and then only if the driver is the owner or co-owner. b. Impoundment of a vehicle is required whether the driver is arrested via a Uniform Traffic Citation and released at the scene or is physically arrested. c. Procedures for Impoundment: 1. Request a rotational wrecker through the Telecommunications Section; 2. Complete a Tow Sheet Form: ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 5 of 35 a. In the Reason(s) Towed Section of the form select "Other" and print "Vehicle Towed Pursuant to Chapter 322.34, Florida State Statutes" (see below). REASON(S) TOWED Vehicle towed pursuant to: Recovered/Stolen-Abandoned-Driver Arrested-Used in Crime-Other: Chapter 322.34, Florida State Statutes. b. Complete an inventory of the vehicle. c. In the Vehicle can be Released Section of the form select "NO" and print "Until proof of insurance on vehicle is provided" (see below). VEHICLE CAN BE RELEASED YES NO HOLD (REASON) Until proof of insurance on vehicle is provided. d. Disseminate copies of the form as indicated at the bottom of the form, ensuring that the arrested owner gets a copy. 3. The owner will be told that the vehicle is being impounded pursuant to state law, and that it cannot be released until proof of insurance is presented to the Police Department. 4. Inform the owner of the procedures (see below) that they need to follow in order to have the vehicle released. 5. Advise the wrecker driver that the vehicle is to be impounded (held) at their storage facility until they receive notification from the Police Department that it can be released. 6. Release of a Vehicle From Impoundment: a. A vehicle owner can obtain authorization for their vehicle's release only from the law enforcement agency that had it impounded; ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 6 of 35 b. In situations where a Longwood Police officer impounded a vehicle pursuant to this statute, the owner will need to bring proof of insurance to the Longwood Police Department Headquarters; c. To facilitate the vehicle's release, the owner will also need to bring the case number (or their copy of the Tow Sheet Form); d. An officer will inspect the insurance card to ensure its currency, and will telephone the wrecker service to verify that the card presented by the owner matches the Vehicle Identification Number of the impounded vehicle; e. If the V.I.N. matches, the officer will inform the wrecker service that the vehicle may be released and that the owner will bring them a copy of the Police Department report that authorizes the release; f. The officer will inform the owner that any costs arising from the lawfully mandated tow is a matter between them and the wrecker company, and not that of the Police Department, pursuant to Florida State Statutes; g. The officer will complete a Supplemental Report Form using the original case number; h. The officer will print on the Supplemental Report Form the following data: See Vehicle Tow / Impoundment Release Form at the end of this section, Page 36 i. The officer will sign the Supplemental Report Form where indicated and give the owner two copies, instructing the owner to give one of the copies to the wrecker service. The original (page one) will be forwarded to the Records Section. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 7 of 35 d. The law requires the wrecker service to provide notice within seven days to all co-registered owners (other than the person arrested) and lien holders that the wrecker service has the vehicle. The cost of impoundment is to be paid by the person who owns or leases the vehicle. e. An owner may also obtain release of their vehicle by posting a bond with the Clerk of the Court and obtaining a certificate of release from the clerk. Upon posting the bond, the wrecker service must release the vehicle. D. Speed Violations: 1. Officers utilizing radar to enforce speed violations shall comply with Chapter IX of this directive. 2. Officers not certified in radar operation may support certified operators by issuing citations, but are not allowed to operate the device in an enforcement capacity. The assisting officer who operated the radar unit must be listed as a witness. 3. Officers using speedometers to establish probable cause to issue speeding citations must: a. Pace the violator for an adequate distance (a minimum of one- quarter mile) to ensure an accurate reading prior to the stop. b. The vehicle the officer is using to pace the violator must have had its speedometer's calibration verified prior to use as a pace vehicle. Said verification must be documented, with copies of the verification form stored in the vehicle's glove box and with the Traffic Unit. E. Equipment Violations: 1. Traffic stops for equipment violations should be made to support the safe operation of motor vehicles. Stops should be made whether or not a warning or citation is to be issued. 2. If a citation for an equipment violation is to be issued to a driver, the issuing officer shall explain the following procedure to the violator: a. Mail in the fine amount to the Traffic Violations Bureau or, for a reduced fine, ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 8 of 35 b. Within thirty days: 1. Make all necessary corrections or repairs; 2. Pay surcharge to any local law enforcement agency; 3. Have an officer verify on the driver's copy of the citation that the correction or repair has been made; 4. Mail or present their copy of the citation the receipt from the surcharge payment, along with the remaining amount to the Traffic Violations Bureau. F. Other Moving and Non-Moving Violations: 1. Traffic stops for other moving and non-moving violations should be made to support and enhance the safety of the traveling public. Stops should be made whether or not a warning or citation is to be issued. 2. Traffic stops shall be based on lawful authority and probable cause which satisfies the elements of the specific violation being alleged and/or charged. 3. All applicable options available to the violator regarding the specific charge(s) shall be explained to the violator by the issuing officer. G. Nonresidents of the State Of Florida: Since the adoption of national traffic codes, United States citizens who are nonresidents of Florida are rarely confronted with unfamiliar traffic control devices. Nonresidents should not receive exceptional consideration unless the violation is unique to the State of Florida. H. Military Personnel: 1. On occasion it may be necessary to issue a traffic citation to military personnel or effect a physical arrest. Officers stopping military vehicles should use discretion based on the nature of the offense. In many cases, non-criminal, non-serious offenses can be handled by reporting it to the liaison officer of the nearest armed forces investigative division without issuing a citation. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 9 of 35 2. When said personnel are physically arrested, the liaison officer of the nearest armed forces investigative division shall be contacted and notified of the arrest by the arresting officer. I. Foreign and Domestic Government Officials: 1. Diplomatic and consular officers and certain representatives of the United States government shall be accorded their respective privileges, rights and immunities as directed by international law and federal statute. These officials shall be treated with the courtesy and respect that befit their positions. 2. Officers will refer to the Enforcement Policy and Procedure Arrest and Detention for policy in regard to handling traffic violations by foreign and domestic diplomatic officers. NOTE: The chief of police shall be notified through the chain of command of any incident involving a diplomatic or United States government official. J. Emergency Personnel: Certain emergency fire and medical personnel are exempt from particular traffic statutes: 1. The driver of an authorized emergency vehicle when responding to an emergency call or when responding to a fire alarm (but not when returning from a fire or alarm). 2. A medical staff physician or technician of a medical facility licensed by the State of Florida when responding to an emergency in the line of duty in his privately owned vehicle using red lights as authorized in statute 316.2398. K. Hazardous/Non-Hazardous Violations: 1. Hazardous violations expose persons and/or property to risk, loss or damage (e.g., running a red light/stop sign, careless driving, reckless driving). 2. Non-hazardous violations are violations which are not likely to involve or expose persons and/or property to risk, loss or damage. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 10 of 35 3. Officers will remain cognizant of the necessity and inherent danger of enforcing hazardous and non-hazardous violations. Discretion may be used by officers enforcing hazardous and non-hazardous violations when appropriate. L. Juvenile Operators: 1. Juvenile vehicle operators and pedestrians may be cited for violations of traffic laws. 2. If a citation is to be issued, an officer will complete the Uniform Traffic Citation the same as for any adult violator, with the exception of any court appearance information that may be different from that of adults. M. Public Carrier/Commercial Vehicle Violations: 1. Public carriers and commercial vehicles must comply with all applicable traffic laws, rules and regulations. 2. Officers may summon assistance from the Florida Highway Patrol or Department of Transportation for special equipment needs or enforcement support. 3. United States Post Office's vehicle drivers and public transit operators who commit a minor violation of the law will not be taken into custody, but issued a citation to appear in court. 4. If an arrest is necessary due to the nature of the offense, the officer will notify the arrestee's supervisor for approval to release the vehicle to competent authority at the scene. N. Newly Enacted Laws and/or Regulations: When appropriate, the benefit of a doubt should be extended to a driver by an officer in regard to the violation of any new law or regulation. An officer should take into account: 1. The actual or potential danger to persons and property when the violation occurred; 2. The seriousness of the violation; 3. The degree or excessiveness to which the motorist violated the law; and, ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 11 of 35 4. The attitude of the motorist. O. Pedestrian and Bicycle Violations: 1. Officers should promote pedestrian and bicycle safety by making the public aware of violations when they occur; either through use of verbal or written warnings as a means of promoting safety awareness, or through the actual citing of the more serious violations. 2. Traffic crashes involving bicycles and vehicles are handled the same as any crash that involves only vehicles. Crashes involving only bicycles may be handled the same as a vehicle traffic crash, depending upon the seriousness of the crash. 3. Enforcement personnel are encouraged to distribute literature (supplied by the Police Department) to pedestrians and bicyclists in regard to correct safety practices. If a particular problem can be localized within a specific neighborhood or school, the Traffic Unit should be given as much information as possible in order to address the situation in conjunction with enforcement personnel, residents and school authorities. P. Off - Road Vehicles: 1. Any time off-road recreational vehicles are operated on public roadways or bike paths they are subject to all state laws and local ordinances regarding traffic. Written warnings and citations should be issued to all off-road operators who violate traffic laws. 2. Traffic stops involving off-road vehicles will be handled as any other traffic stop. Q. Traffic Crashes: 1. If an officer is investigating (working) a traffic crash and the responsibility for causing said crash is clearly that of an involved driver, a Uniform Traffic Citation should be issued to the driver at fault. 2. Citations are to be submitted electronically. If citations are handwritten, the copies of the citation and witness sheets are to be submitted to the Records Section. Citation number will be listed on the crash report. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 12 of 35 VI. ENFORCEMENT PROCEDURES A. Enforcement action is necessary whenever an officer observes a serious or overt traffic violation, or a violation which places others in immediate or near danger. B. Officers responding to a previously dispatched call for service will balance the seriousness of the traffic violation and the actual or potential danger to persons and property against the urgency of the call for service to which they are responding. Officers will not disengage from a Priority or Urgent call to address a non-criminal traffic infraction. C. Traffic citations shall be based on lawful authority and probable cause which satisfies the elements of the specific violation being charged. D. Officers shall use sound judgment and discretion regarding the type of enforcement action to be taken for traffic violations. When deciding the level of enforcement action to take, the type and severity of the violation committed shall be considered. There are three general levels of enforcement action available to officers: 1. Warning: a. Warnings may be given for minor traffic infractions when the officer feels the warning is sufficient to correct the violation. b. Warnings may be either verbal or written when applicable. c. Officers may consider using verbal warnings for minor (non- hazardous) equipment violations in lieu of traffic citations. 2. Uniform Traffic Citation: a. Officers may issue Uniform Traffic Citations for violations of Florida Statutes. b. Criminal traffic violations must be evaluated with the utmost care as officers, in most cases, have the option to physically arrest the offender. c. If physical arrest is not possible or if it is deemed inappropriate, the defendant may be charged and released at the scene after being given appropriate mandatory court appearance dates and copies of Uniform Traffic Citations. d. Mandatory Issuance of Uniform Traffic Citations: ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 13 of 35 1. Officers will issue citations to drivers who are in actual physical control when specific criminal activity has been committed and when a motor vehicle was used in the process. 2. These citations are used by D.H.S.M.V. when considering the revocation of a driver's license. 3. A uniform traffic citation will be prepared when a driver commits any of the following offenses: a. Driving under the influence of alcoholic beverages or a controlled substance; b. Any violation of the law regarding lewdness, assignation, and prostitution where such violation has been effected through the use of a motor vehicle; or, c. Any felony during the commission of which a motor vehicle is used. 4. The mandatory hearing citation is prepared by an officer according to the following procedure: a. In the citation's Comments Section, the officer is to print only "Actual Physical Control of Motor Vehicle." b. In the statute section, the officer will print only the statute number of the main charge (e.g. one of the criminal charges listed above); c. The officer will leave all court information on the citation blank; d. The citation is to be attached to the Clerk of the Court's arrest package that is left at the correctional facility with the offender. Copy of the citation shall be submitted to the Records Section, which will forward the copy to D.H.S.M.V. 3. Physical Arrest: ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 14 of 35 a. Physical arrest may be made for most misdemeanor and all felony criminal violations of the traffic laws. b. Misdemeanor violations of traffic laws may be handled by: 1. The issuance of a citation with a mandatory court appearance; or, 2. Through a physical arrest followed by the issuance of a citation, completion of an Arrest Report Form, and booking into the correctional facility; or, 3. If the driver has been identified but cannot be located, by filing a Capias Request through the State Attorney's Office. A Capias Request shall be accompanied by a citation that has been completed as much as possible by the requesting officer. c. Felony violations of traffic laws may be handled by: 1. A physical arrest of the driver followed by the issuance of a citation, completion of an Arrest Report Form, and booking into the correctional facility; or, 2. If the driver has been identified but cannot be located, by filing a Capias Request through the State Attorney's Office. A Capias Request shall be accompanied by a citation that has been completed as much as possible by the requesting officer. NOTE: Physical arrest procedures are fully described in the Enforcement Policy and Procedure Arrest and Detention. VII. DEPLOYMENT OF PERSONNEL A. The deployment of officers by supervisors to address traffic problems is based on several factors: 1. Complaints received through the Telecommunications Section that may require an immediate response; 2. Complaints received directly from the community that request a resolution of a traffic problem; ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 15 of 35 3. A geographically specific identified traffic problem to be handled on an immediate, intermediate or continual basis; 4. An enforcement operation in conjunction with other law enforcement agencies that is intended to address a traffic problem; 5. Requests from the community to provide traffic direction or other said service to facilitate or resolve a temporary problem or to provide a public service demonstration or presentation. B. Officers will be deployed to areas having the greatest concentration of accidents and/or calls for traffic enforcement service, which are supported by experience or recorded data has shown these to occur. C. When several requests or complaints are received, supervisors will set priorities according to the type of violation in order to effectively apply available resources to anticipated calls for service. Prioritization may be based on past experiences and expertise of supervisors. D. The effectiveness (evaluation) of selective enforcement efforts may be judged by supervisors based upon: 1. A reduction or increase in the amount of traffic crashes reported; 2. Contact with the original complainant to determine if the reported problem has been resolved; 3. A reduction or increase in the amount of complaints received in regard to a particular problem or area experiencing a problem. E. A variety of tactics may be used to enforce compliance with the traffic laws. These tactics may include: 1. Visible Traffic Patrols: a. Area Patrol: Where officers are deployed to a specific geographical area to enforce the traffic laws. Officers may be assigned to particular areas to conduct highly visible preventative patrols. b. Line Patrol: ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 16 of 35 Where officers are stationed on particular roads or highways, either in stationary observation or moving patrol post. Line patrols should be conducted when specific roads or highways are identified as having unusually high accident or fatality rates. c. Directed Patrol: Where officers are deployed to address specific problems or complaints. 1. Officers assigned to directed patrols shall document all actions taken during the patrol in a report to be submitted to the assigning supervisor. The data contained in the report will be forwarded to the Traffic Unit and kept on file for future reference. 2. Supervisors taking or receiving traffic complaints that require a directed patrol effort will evaluate the complaint to determine the dates and times when enforcement action would be most effective. The supervisor will assign the complaint to an appropriate officer. A length of time to be tentatively allowed for the investigation of any complaint should also be evaluated and established before it is assigned to an officer. 2. Stationary Observation: Stationary observation may be overt (non-concealed) or covert (concealed). Stationary observation may be used for the operation of radar or laser, detection of defective equipment violations, surveys and the enforcement of other traffic violations by any means permitted by Florida State Statutes. a. Overt Stationary Observation: Highly visible stationary observation, used to slow traffic, remind citizens of their responsibility to obey the traffic laws, or observe, identify and target particular problems. 1. An officer should park their marked patrol vehicle in a conspicuous location, but avoiding a roadway or visibility obstruction. 2. Radar may be effectively used during overt observation. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 17 of 35 b. Covert Observation: 1. A covert observation is normally used to detect those violations of traffic laws which would not occur if the officer’s presence was known. Officers may use covert observation to detect and enforce any violation of the laws of the State of Florida. 2. Officers may, with their supervisor's permission, utilize an unmarked vehicle (if available) for the purpose of conducting a covert operation. 3. Under normal circumstances only uniformed officers will be utilized to conduct traffic stops during covert observation details. 3. Unmarked/Unconventional Vehicles: a. All unmarked or unconventional vehicles used for traffic enforcement shall be equipped with emergency lighting equipment and a siren. b. Plain-clothes officers may conduct traffic stops but shall be aware of a violator's possible concern about being stopped by an unmarked vehicle and non-uniformed officer. 1. Officers in plain-clothes shall clearly identify themselves to the violator. 2. Should a violator display any reservations as to the officer’s identity, the plain-clothes officer will immediately summon a marked patrol vehicle and uniformed officer for assistance. VIII. TRAFFIC CITATION ACCOUNTABILITY A. It is the policy of the Police Department to maintain strict accountability for all Uniform Traffic Citations. This chapter addresses the procedures that are to be followed for the standard traffic citation and the citation that is used for driving under the influence cases. B. Chapter 316.650, Florida State Statutes, requires that all issued citations be delivered to the Clerk of the Court (Traffic Violations Bureau) within five days of ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 18 of 35 issuance. Officers and reviewing supervisors will ensure that all issued citations are submitted as soon as possible to fulfill this requirement. C. Citations are received from the Florida State Department of Highway Safety and Motor Vehicles (D.H.S.M.V.) by the traffic supervisor and distributed to officers. The traffic supervisor maintains records of citations that are: 1. Issued to officers; 2. Returned and/or voided by officers; (See section XVII Procedures for Voiding Citations) D. The Police Department Records Section will maintain records of citations that are: 1. Transferred to the Clerk of the Court; and, 2. Transferred to D.H.S.M.V. E. Issuance of Citations to Officers: 1. Citations are issued either in paper booklet form or electronically for those officers assigned electronic citation devices. 2. Citations are issued to officers by the traffic supervisor or assigned designee. 3. Officers assigned paper citation booklets will comply with the following accountability procedures: a. It is the responsibility of the receiving officer to personally examine each pre-numbered citation form to ensure that each form is present and complete. If any form is found to be missing, damaged or incomplete, the entire book shall be returned to the traffic supervisor for replacement. b. Upon verifying that all citations are accounted for, receiving officers will complete the first two pages of the citation book marked Officers Receipt Forms (accountability records) and return them to the traffic supervisor. c. The officers Receipt Forms shall be completed by the receiving officer upon issuance and immediately returned to the traffic supervisor. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 19 of 35 d. A citation book may be picked up for an officer by a supervisor. The supervisor will ensure that the receiving officer completes the officers Receipt Forms and that said receipts are immediately returned to the traffic supervisor. e. Once all citations from a booklet have been used, the receiving officer will submit a Traffic Citation Accountability Log to the traffic supervisor. This form is completed for each citation booklet and lists all issued or voided citations from the booklet. f. No new citation booklet will be issued to an officer if said officer has failed to submit the Officers Receipt Form and Traffic Citation Accountability Log for a previously issued citation book. In this case a new citation booklet will only be issued: 1. Upon the approval of the chief of police; and, 2. The officer must submit a written statement to the traffic supervisor explaining the loss. Said statement will be filed with the traffic supervisor’s accountability record files. 4. Officers assigned citation number sequences for electronic citation devices will comply with the following accountability procedures: a. Citation numbers for electronic citation devices are provided to each officer by the traffic supervisor. 5. All unused citations and/ or citations numbers (electronic version) will be returned to the traffic supervisor when no longer needed by the receiving officer. F. Return of Paper Citations: 1. Upon issuance of a citation to a traffic violator and after giving the violator the yellow copy of the citation, an officer will keep the pink copy of the citation for their own records and submit all remaining copies of the citation to a supervisor for review before going off-duty. 2. Receiving supervisors will review all citations to ensure that the information is correct. Supervisors will forward completed citations to the Records Section as soon as possible. 3. The Records Section will disseminate each citation as follows: ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 20 of 35 a. Electronic citations are transmitted electronically to the clerk of court. b. DUI citations and handwritten citations are manually entered into café program and are then added to the Uniform Traffic Citation transmittal form, which is collected by a Seminole County Clerk courier. c. Citations with a mandatory court appearance must be forwarded to Records Section to be added to the Uniform Traffic Citation transmittal form. d. A copy of the transmittal form will be retained by the Records Section. G. A file is maintained on each series of citations by the traffic supervisor. Each file contains: 1. A log indicating citation numbers in sequential order; 2. A record of when (date) citations were issued to an officer; and, 3. Signed officers Receipt Forms (accountability records) from officers that coincide with the issued citation numbers. 4. The traffic supervisor will audit the list of issued citations recorded in the CAFÉ program each month with the citation assignment log and account for each citation assigned to the department. H. Driving Under the Influence Uniform Traffic Citation: 1. D.U.I. Uniform Traffic Citations are issued to drivers by officers in conjunction with D.U.I. offenses, and in accordance with the Enforcement Policy and Procedure "D.U.I. Countermeasures Program." 2. Upon receipt of the arrest package designated by the submitting officer for the Bureau of Administrative Reviews, the Records Section will record all submitted citations as follows: a. Examine each package to ensure that all required paperwork has been included by the arresting officer; b. Enter DUI citation into café and add the case number and defendant name to a Records Electronic Transmittal Form. E-mail ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 21 of 35 the form and DUI case package to the Bureau of Administrative Reviews. c. If a driver’s license is included, mail the license to the Bureau of Administrative Reviews. I. Un-issued paper traffic citations shall be securely stored by the traffic supervisor. Access to the citation storage cabinet is restricted to the traffic supervisor or their designee. Extra citation books will not be issued to squads to stockpile as general supplies. IX. RADAR OPERATIONS A. All radar devices including carrying cases, agency logs, tuning forks and other equipment are regulated to the custody of the traffic supervisor. The traffic supervisor will make radar units available for normal patrol or other operations, depending upon maintenance scheduling or other established priorities. B. All radar equipment used by the Police Department shall comply with Chapter 316.1905, Florida State Statutes and D.H.S.M.V. Rule 15-B-2. Only radar units authorized by the chief of police shall be used by officers. Such units must have: 1. A hold button that eliminates all microwave transmission; 2. A visual readout that displays patrol speed (if the unit is a mobile unit) and target vehicle speed; 3. A Doppler Audio which will correspond to the speed of the target vehicle; 4. The capability of operating from the moving (if the unit is a mobile unit) and stationary positions; 5. Tuning fork(s) used for testing the accuracy of the unit; and, 6. Have internal and lamp test capabilities. C. Officers must have received certification from the Criminal Justice Standards and Training Commission before operating a radar unit in the line of duty. Officers may be issued a radar unit for the sole purpose of conducting non-enforcement field-testing as required by the Commission as part of the radar training certification process. D. Radar Maintenance and Testing: ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 22 of 35 1. Officers assigned radar units shall: a. Comply with Chapters 316.1905 and 316.1906, Florida State Statutes; b. Comply with Department of Highway Safety and Motor Vehicles (D.H.S.M.V.) Rules, Chapter 15-B-2; c. Field test the radar unit in the moving (if the unit is a mobile unit) and stationary modes at the beginning and end of the enforcement duty; and, d. Maintain an accurate written radar log. 2. No radar unit shall be used if the operator has reason to believe that it is not working properly and shall be forwarded to the traffic supervisor for service and repair. E. Proper Care and Upkeep: 1. Each supervisor assigned a radar unit(s) for their squad’s usage, will be responsible for the proper care and upkeep of the unit. This will be accomplished by: a. Ensuring the unit is turned off when not in use; b. Using a waterproof cover(s) to protect the unit if exposed to inclement weather; c. Removing the unit from a vehicle that will be left unattended for an extended period of time; d. Turning the unit in for service upon observation of a malfunction; and, e. Turning the unit in to the traffic supervisor for required servicing/recertification. 2. Each radar unit shall be serviced and calibrated every six months (programmed scheduled maintenance) by qualified service technicians designated by the chief of police. 3. Written records of all radar maintenance and radar calibration shall be kept by the traffic supervisor. Maintenance records shall be kept for at least six months past the working life of the unit. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 23 of 35 F. Operational Procedures: 1. Radar units will be tested by the using officer before and immediately after an enforcement duty. This test consists of checking the: a. Moving (if the unit is a mobile unit) and stationary modes; b. Power; c. Light; d. Internal frequency test; and e. Tuning fork(s) (using a tuning fork certified for the unit being tested). 2. A traffic citation shall not be issued for any violation tracked on a radar unit that does not pass all validation checks. 3. Officers shall have a clear target of the vehicle being clocked. Other vehicles in close proximity to the target vehicle may confuse the radar and give speed measurements for the wrong vehicle. Officers will not issue traffic citations to drivers of vehicles that have not been clearly targeted and segregated from other vehicles. 4. Officers shall notify their supervisor of any apparent defects with the unit and will immediately cease using the unit and return it to the traffic supervisor so that repair may be affected. 5. Logs: a. Officers shall maintain a written log of each citation issued, including other data such as records of tests conducted before and after the enforcement duty. The written log shall contain: 1. Date and time of the tests; 2. Mode tested (stationary or moving); 3. Mode tracked (stationary or moving); and 4. Shift worked by the officer; ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 24 of 35 5. Citation number of the observed offense; 6. Identification number of the officer; 7. Speed of the violator versus speed applicable. b. An officer shall retain their logs for at least two years. c. Operators shall have the appropriate radar's certification documentation, their log and their copy of their training certification in their possession when appearing for any court case related to the use of the radar unit. X. DRIVER REEXAMINATION PROCEDURES A. An officer may have reason to suspect that a driver may be incompetent or be afflicted with a physical or mental disability, disease or other condition that would prevent them from exercising reasonable and ordinary care of a motor vehicle. B. If an officer has reason to believe that a driver should be re-tested by the Department of Highway Safety and Motor Vehicles, the officer will: 1. Select yes on re-exam box of citation or crash report; 2. List the reasons for the request, noting observations of the driver in detail, on a citation or crash report and submit citation and/or crash report electronically. XI. TRAFFIC ESCORTS A. The benefits and risks of providing traffic escort services vary with the nature and purpose of the escort. The risks are often so severe that the service must be denied under all but the direst of circumstances. B. Emergency escorts will not be provided for other emergency vehicles or for privately owned vehicles. Emergency medical situations should be handled by: 1. Requesting fire/rescue assistance and remaining with the distressed person until help arrives, rendering first aid consistent with training and experience if appropriate; and/or, 2. Placing the distressed person in the patrol (or other assigned) vehicle and transporting them to the hospital. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 25 of 35 NOTE: Officers shall not transport a critically injured person in a Police Department vehicle unless it is in conjunction with an arrest situation and the arrestee becomes sick or injured during transport. C. Officers are permitted to lead a civilian vehicle to the closest medical facility if it is the most expedient method at the officer’s disposal; however, officers will not use emergency equipment while doing so. D. A supervisor may authorize the escort of equipment necessary to preserve life or property to the scene of an emergency (e.g., bulldozers to a fire scene, etc.) or the escort of a hazardous or unusual cargo. Such a response does not authorize the use of emergency equipment to expedite the arrival. Exception: Hazardous or unusual cargo escorts may require an officer to use their vehicle’s emergency equipment. If said equipment is to be used, it is to be used strictly to: 1. Warn other drivers that an escort is underway; 2. Assist in stopping traffic at intersections and other locations to allow escorts to safely cross. XII. NON-EMERGENCY ESCORTS A. Members will only conduct non-emergency escorts with supervisor approval. Supervisors will authorize non-emergency escorts to ensure public safety, facilitate smooth traffic flow, and/or further the mission of the police department. Non-emergency escorts include: 1. Funeral escorts; 2. Parades; 3. Providing security escorts for businesses making bank deposits; 4. Providing escorts to visiting dignitaries or public officials. 5. Providing escorts to oversized vehicles and loads that have valid permits from the Florida Department of Transportation. B. At no time during a non-emergency escort will emergency equipment be authorized or utilized. Traffic laws are to be obeyed at all times. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 26 of 35 Exception: Funeral escorts, dignitary or public official escorts, oversized vehicle/load escorts and parades may require an officer to use their vehicle's emergency equipment. If said equipment is to be used, it is to be used strictly to: 1. Warn other drivers that a procession is underway; 2. Assist in stopping traffic at intersections and other locations to allow processions to safely cross; or, 3. If a part of an actual parade, to be used as the officer feels necessary. C. Escorts for businesses making bank runs or deposits may be approved by a supervisor on an as-needed basis. However, said calls for service should be contingent upon escorts not being provided on a continual basis in order for a business to avoid hiring private security to provide said escort service. D. Non-emergency escorts must be approved by a supervisor. Requests for escorts may be received from: 1. The Telecommunications Section; 2. The Records Section; 3. Directly from the community, or other source. XIII. ASSISTANCE TO HIGHWAY USERS A. It is the policy of the Police Department to offer assistance to motorists in need of aid. Officers will assist or provide for the assistance of motorists appearing to be stranded or in need of aid. B. Officers shall be alert for highway users in need of assistance, and will respond to provide general assistance as follows: 1. Officers will remain alert to the possibility that law enforcement activity may be required, such as unattended disabled vehicles creating hazardous conditions. 2. Officers will respond to requests for information. 3. Officers will assist, as practical, in obtaining fuel or arranging for mechanical assistance. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 27 of 35 4. Officers shall not use Police Department vehicles to push or pull any vehicle from the roadway. 5. Whenever a driver requires a wrecker, if the driver has no preference as to a wrecker service the Police Department "rotational" wrecker service will be requested through the Telecommunications Section. 6. Officers may, upon approval by a supervisor, transport stranded motorists to the nearest location where assistance may be obtained. 7. Officers will take all reasonable steps to ensure the safety of the occupants of disabled vehicles. 8. An officer may use their agency vehicle to give battery assistance (jump) to any private person's vehicle. An officer may attempt to gain entry to any vehicle where a driver has locked themselves out. However, before using an agency vehicle to give battery assistance the officer must ensure that all electronic equipment is turned off before assistance begins. A verbal liability waiver must be obtained from the private person prior to battery or lockout assistance being given by an officer. C. Officers shall render emergency assistance to motorists. 1. Officers will respond to vehicle fires: a. Officers will immediately inform the Telecommunications Section of the location, vehicle description and the extent of involvement. b. The officer will request the Telecommunications Section to notify the Seminole County Department of Public Safety. c. Upon arrival of rescue and fire personnel, the officer will relinquish control of the situation to Fire Rescue personnel. d. The officer will assist in traffic control until the hazardous situation has been resolved. 2. Medical emergencies: a. Officers will respond to roadside medical emergencies and notify the Telecommunications Section of the location, the type of medical emergency, the number of injured parties, and the apparent condition of any sick or injured persons. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 28 of 35 b. Officers will render as much assistance as possible, based on individual training and experience. c. Officers will request emergency medical personnel as needed. In cases of serious injury, officers may request that responding fire and rescue personnel place an aviation unit on standby alert. D. Hazardous Highway Conditions: 1. Roadway and highway hazards are contributing factors in many traffic crashes. Hazards may include: a. Debris or defects in the roadway; b. Damaged and/or missing traffic signs, or inoperable traffic signals; c. Weather or smoke conditions; d. Lack of, or defective roadway lighting; and, e. Vehicles parked or abandoned on or near the roadway. 2. When confronted with a roadway or highway hazard, officers should strive to protect the public from injury and property damage by: a. Activating their vehicle's emergency lighting equipment, including flares, to warn approaching drivers; b. Requesting additional marked unit(s) to assist; and, c. Directing the Telecommunications Section to summon aid from the appropriate city, county or private agency (Longwood Department of Public Works, Seminole County Department of Public Safety, Seminole County Department of Traffic Engineering, or C.S.X. Transportation/Railroad, etc.). 3. Enforcement personnel shall immediately report all missing, damaged or disabled traffic control devices (including lights, signs and railroad lights and arms) to the Telecommunications Section, who shall relay said information to the appropriate agency. XIV. TRAFFIC RECORDS SYSTEM ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 29 of 35 A. The Police Department participates in and has access to a traffic records system capable of providing information rapidly and accurately to field personnel performing traffic functions. B. Personnel may retrieve specific information from the following sources: 1. Traffic Crash and Enforcement Data (records of area patrols and arrests, computerized summaries, copies of crash reports and investigations, records of citations, etc.): a. Longwood Police Department: 1. Traffic Supervisor: a. Citation distribution records per officer; b. Statistical data regarding past enforcement requests or complaints in reference to traffic violations and enforcement activity taken in response to said requests or complaints. c. Summaries of number of crash reports; d. Summaries of number of citations issued to traffic violators; e. Summaries of number of warnings issued to traffic violators; f. Summaries of traffic complaints assigned to enforcement units; 2. Records Section: a. Copies of crash reports written by Police Department personnel; b. Reports related to traffic complaints or traffic hazards. c. Summaries of number of crash reports; d. Summaries of number of citations issued to traffic violators; ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 30 of 35 e. Summaries of number of warnings issued to traffic violators; f. Summaries of traffic complaints assigned to enforcement units; 3. Telecommunications Section: a. Drivers license and vehicle registration inquires, including current status information and history. b. Seminole County Traffic Violations Bureau (Clerk of the Court): 1. Copies of citations issued by officers are electronically (computer) recorded by the bureau for reference and may be accessed when pertinent information such as citation locations and temporal factors relating to citations is needed for research or application to traffic analysis. 2. Traffic Engineering may access Traffic Violations Bureau records to obtain enforcement data. c. Florida State Department of Highway Safety and Motor Vehicles (D.H.S.M.V.): 1. Crash facts - geographic, temporal, and causative analysis of traffic crashes occurring within the City of Longwood; 2. Copies of crash reports; 3. State-wide crash analyses; 4. Citation statistics. d. Florida Department of Community Affairs (Bureau of Public Safety): ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 31 of 35 Compilation (in three year matrixes) of identifiable traffic problems within the City of Longwood. e. Florida Highway Patrol: Records/summaries of crash reports and citations issued by F.H.P. within the geographical boundaries of the City of Longwood; such information may include geographical and temporal factors. 2. Seminole County Department of Traffic Engineering (roadway hazard reports, etc.): Traffic Engineering provides statistical summaries of recorded hazards and corrective actions, crash locations and causative data, and traffic volume data and distribution reports (locations, number and speed of vehicles using roadway, time of day, etc.). XV. TRAFFIC ENGINEERING A. The Seminole County Department of Traffic Engineering conducts studies and surveys to identify engineering problems at high crash locations, reacts to changing traffic patterns, and participates in local and regional transportation management system planning. B. It is the policy of the Police Department to refer all complaints or suggestions concerning traffic deficiencies or hazards directly to the traffic supervisor who will evaluate and forward to the appropriate person and or agency. C. Complaints that advise of potential traffic hazards will be cause for enforcement personnel to be dispatched to provide immediate and temporary relief until proper authorities respond to assume control of the situation. D. Complaints received by the Police Department that do not require a law enforcement response will be forwarded to the appropriate agency by the receiving employee or by the Telecommunications Section. E. Crash Reports: 1. A crash report written by an officer, including a record of any enforcement action taken relative to the crash, is submitted electronically to DHSMV. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 32 of 35 2. Traffic Engineering may access these crash reports electronically using Signal Four program. F. Liaison: The traffic supervisor serves as the police chief’s representative to traffic engineering. The representative’s duties will include, but are not limited to: 1. Maintaining communication between the Police Department and Traffic Engineering, including attending traffic management meetings and planning sessions as necessary in order to provide effective liaison service; 2. Ensuring that crash data or other relevant information derived from studies conducted by Traffic Engineering is received by the Police Department and disseminated throughout the agency as necessary; and, 3. Ensuring that any provided information affecting the daily operation of Police Department operations is acted upon as necessary. G. Traffic Safety and Management Meetings: 1. The traffic supervisor will attend regularly scheduled, countywide participatory safety meetings conducted under the auspices of Traffic Engineering. 2. These meetings are designed to promote communication and mutual support between the various traffic safety and law enforcement personnel of Seminole County and the State of Florida. Through periodic meetings, enforcement and safety personnel can objectively, intelligently, and analytically provide a unified approach to traffic safety and efficient highway use. 3. Information, traffic safety notifications (road closures, etc.), or plans for action regarding traffic problems produced as an outgrowth of these meetings should be disseminated throughout affected Police Department divisions as soon as practicable by the traffic supervisor. 4. Minutes, or written notes of safety meetings, will be kept on file by the traffic supervisor. XVI. TRAFFIC ANALYSIS - REPORTS AND SUMMARIES A. Traffic analyses are conducted on an annual basis by the Florida State Department of Highway Safety and Motor Vehicles. Said analyses are furnished to the ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 33 of 35 Longwood Police Department to facilitate the application of preventive patrols to deal with unlawful driving behavior. B. When requested by the chief of police an analysis of traffic crash reports and traffic enforcement activities shall be compiled by the traffic supervisor. Analyses may also be initiated by the traffic supervisor when an obvious problem or concern needs to be brought to the attention of Police Department command staff. C. The Seminole County Department of Traffic Engineering and/or other sources should be used by the traffic supervisor in drafting crash reports, analyses or summaries. The traffic supervisor should address the following topics when compiling said reports, analyses or summaries: 1. Crash data, including geographical, temporal and causative factors; 2. D.U.I. arrest reports; 3. Enforcement activity records, including requests from the public for area patrols; 4. Traffic volume and traffic conditions; 5. The efficiency of manpower levels; 6. The development of countermeasures to address current patterns and trends; 7. Summaries of activities; and, 8. An evaluation of the effectiveness of any specific program or operation. D. Traffic summaries issued to the chief of police or his designee may also include recommendations, if any, for changes in Police Department traffic enforcement procedures. E. Patterns and/or trends documented by the traffic supervisor, traffic engineering or D.H.S.M.V. will be shared with supervisors through memorandums or other reports where deemed necessary. Supervisors, when requested, shall address crash and enforcement issues within their command. F. Traffic crash reports and D.U.I. arrest reports are reviewed Monday - Friday by the traffic supervisor, and descriptive data relative to said reports is collected and documented for the purpose of addressing identified trends and problems. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 34 of 35 G. Supervisors will report enforcement activity to the traffic supervisor when requested by the traffic supervisor. Reports may consist of written memoranda and/or official logs to show activity levels. XVII. PROCEDURES FOR VOIDING CITATIONS A. Pursuant to FS 316.650 All copies of paper citations that have been spoiled or upon which any entry has been made and not issued to an alleged violator must be returned to the agency. Voided citations will clearly be marked “VOID” with a brief explanation and the officer’s initials across the front of the citation. B. Officers wishing to dismiss a citation through the clerk of the court, once the citation has been issued must obtain prior approval from their division lieutenant. C. The white copies of voided paper citations will be turned over to the traffic supervisor who will record the citation in the citation log. Blue copies of voided citations are submitted to the Records Section while the pink copy is retained by the individual officer. ENFORCEMENT POLICY AND PROCEDURE TRAFFIC ENFORCEMENT EPP – 17 Page 35 of 35 LONGWOOD POLICE DEPARTMENT VEHICLE TOW / IMPOUND RELEASE FORM On the _____ Day of ____________, 20__, this officer made contact with _________________________, the registered owner of a _____________, (name of owner) (year of vehicle) ________________, _______________, VIN # _________________________. (make of vehicle) (model of vehicle) The owner provided proof that they were the lawful owner of the vehicle / or provided proof that they have current insurance on the vehicle. I therefore contacted _______________________, and spoke with _____________________________ . (name of wrecker service) (name of person at wrecker service) I confirmed the vehicle's V.I.N. and then verbally authorized the wrecker service to release the vehicle. I instructed the owner that any costs arising from the lawfully mandated and/or executed tow/impound is a matter between the owner of the vehicle and the wrecker service, pursuant to Florida State Statutes. _________________________________ _________________________________ Releasing Officer / I.D. # Attesting Law Enforcement Officer / I.D. # _________________________________ _________________________________ Case Number Original Report Date