Osceola County Sheriff=S Office

Osceola County Sheriff’s Office Policy and Procedure

Number: 246.0 Subject: Traffic Records Effective Date: 06/06/11 P.R.C. Review: 05/16/11 Rescinds: 10/01/09 Amends:

This order consists of the following: 1. Purpose 2. Policy 3. Procedures

1. Purpose The purpose of this policy is to ensure the proper issuance and accountability of all Uniform Traffic Citations for the Osceola County Sheriff’s Office.

2. Policy The Osceola County Sheriff’s Office adheres to F.S.S. 316.650 which mandates procedures for storing, issuing, accounting for, and cross referencing Uniform Traffic Citations. The control of issuance and accountability of traffic citations shall be the responsibility of the Records Section.

3. Procedures A. Storing Uniform Traffic Citations The State of Florida issues Uniform Traffic Citations and Electronic Traffic Citation numbers to the agency. Designated Clerks assigned to the Records Section shall maintain a supply of citations and a list of available electronic citation numbers. The citations and available electronic citation numbers are kept securely stored in the Records Section and other approved locations with access limited to the designated Clerks approved by the Records Manager. {CFA 34.08}

B. Issuing Uniform Citations and Electronic Citation Numbers Only the designated Clerk or designee will issue Uniform Traffic Citations and/or electronic citation numbers to each sworn employee as needed. The designated Clerk shall maintain a log and a receipt file for each book of Uniform Traffic Citations, Boating Citations, and DUI Uniform Traffic Citations. In addition, the designated Clerk maintains and issues Faulty Equipment/Warning Notices and Parking Violation Notices. 1. Citation books shall be issued as follows: {CFA 34.08} a. Record the numbers of each citation book in a log. b. Record the printed full name of the deputy receiving the citation book on the log sheet. c. On the citation book “Officer’s Receipt”, the clerk shall record the deputy's name, identification number, the agency name, the date of issuance, the issuing clerk’s name as the issuing authority, and shall witness the deputy's signature.

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d. The designated Clerk shall remove the top copy (original) of the "Officer's Receipt" and place it into Sheriff's Office records. e. The second copy of the "Officer's Receipt" shall remain in the citation book and be kept by the receiving deputy.

2. Electronic Citation Numbers will be issued as follows: {CFA 34.08} a. The designated clerk will contact a representative of the Department of Highway Safety and Motor Vehicles (DHSMV) who is authorized to issue blocks of electronic citation numbers. b. The designated clerk will maintain a list of all citation numbers currently issued to the agency by DHSMV in a dissemination log. c. Prior to issuing electronic citation numbers to a sworn employee, the designated clerk will check the list to ensure that the numbers have not previously been issued to another employee. d. As electronic citation numbers are issued from the list. The name and agency identification number of the sworn member who is responsible for that block of numbers shall be typed into the agency dissemination log to the right of the issued block of numbers e. Once a block of numbers is assigned to a sworn employee, both the receiving member and the issuing clerk shall sign the officer receipt with the block of numbers being assigned.

3. For auditing purposes, the log and receipt files shall be maintained in the Records Section or other approved areas for a period of not less than three years. {CFA 34.08}

C. Accountability of Uniform Traffic Citations 1. Each Traffic/Boating/DUI Citation is assigned an individual number and each citation must be accounted for. Accountability for issued citations and/or electronic citation numbers is the responsibility of the receiving deputy. The issuing deputy shall forward White and Blue copies of each citation to the Records Section within one (1) working day after issuance to a violator. The designated Clerk shall transmit the blue copy of each citation for voided citations to DHSMV-Tallahassee within 30 days of receipt. The blue copy of issued citations shall be shredded by the designated Clerk. {CFA 34.08}

2. Upon receipt of completed citations, the designated Clerk will complete a Department of Highway Safety and Motor Vehicle (DHSMV) citation transmittal form. The transmittal form and copies of citations will be distributed in compliance with the agency’s Report Writing Guide and DHSMV Uniform Traffic Citation Procedures Manual guidelines. {CFA 34.08}

3. The Records Section shall ensure delivery of all written citations (non-arrest) to the Clerk of the Court within five (5) days of being issued to a violator.

4. Citations received by the Records Section over three (3) working days past the date of issuance will be processed and the Records Section Manager shall notify the member’s Division Captain.

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D. Members will issue citations: 1. According to procedures outlined in policy 480.0, Traffic Law Enforcement.

2. In consecutive order, except in unusual occurrences.

E. Unused Citations Upon retirement, resignation, or termination, each member’s citation book(s) will be surrendered to the designated Clerk. Citations that are unusable will be handled as in Section J, below. Usable citations may be re-issued.

F. All members are reminded that: “It is unlawful and official misconduct for any member of this agency to dispose of a traffic/boating/DUI citations or copies thereof or of the record of the issuance of same in a manner other than as required herein,” F.S.S. 316.650 (8).

G. Transfer of Citations to Another Member Only in emergency situations shall citations be transferred to another member. In the event a citation is transferred to another member the following procedures shall be followed: 1. The members shall complete the required citation transfer form.

2. The citation transfer form shall be forwarded to the Records Section for proper processing.

3. The Records Section Manager shall notify the involved member’s Division Captain of members determined to be in violation of this section.

H. Amended Citations 1. When a member must amend or correct a citation that has been turned into the Records Section, but not forwarded to the Clerk of the Court, the member must immediately contact the Records Manager and appear in person in the Records Section the next business day to complete the correction or amendment. a. Under no circumstances will corrections be made by Records Section staff. b. Division Captains shall be provided the list of citations needing correction on a daily basis by Record’s Staff.

2. When a member must amend a citation that has already been received by the Clerk of the Court, the member must appear in person at the Clerk’s office and make the changes.

I. Citation Dismissal If the issuing member wants to have a citation dismissed, the member must submit a memorandum detailing the justification for the dismissal and all remaining copies of the citation to the appropriate Division Captain. If the Captain agrees with the request, a copy of the member’s memorandum and copies of the citation will be forwarded to the presiding judge. The Issuing member is responsible to verify with the appropriate court that the citation was dismissed. If the citation is not dismissed, the copies will be returned to the issuing member with instructions that the citation be routed through the criminal justice system. Once a citation is issued, personnel will not advise the recipient

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that the citation will be voided, but can advise that an effort will be made to have it voided by the court.

J. Voided Citations {CFA 34.08} Voided Traffic/DUI/Boating and Parking Citations shall be returned to the Records Section with all copies attached. The member must: sign the signature line on the citation and write the word “void” or “spoiled” on the face of the citation along with the appropriate reason. If another citation is issued to a violator to replace the voided or spoiled citation, the replacement citation number must be noted. Voided citations shall be returned to the Records Section within three (3) working days of being voided. Voided citations without an explanation shall be returned to the member for completion.

The disposition of voided citations shall be the responsibility of the designated Clerk as follows: 1. Uniform Traffic and DUI Citations shall be returned to the State of Florida, DHSMV. The designated Clerk will list voided citation(s) on a transmittal form according to DHSMV guidelines.

2. Osceola County Ordinance Citations shall be returned to the Osceola County Code Enforcement Office.

3. Osceola County Sheriff’s Office Faulty Equipment/Warning Notices shall be retained for one year by the designated Clerk.

K. Lost, Damaged or Stolen Citations {CFA 34.08} All lost or damaged Uniform Traffic Citations, DUI citations, Boating citations, or Osceola County Parking citations shall be documented on an Accident/Loss Report, a copy of which shall be forwarded to the designated Clerk. A case number shall be obtained from Communications. Stolen citations shall be documented in an Incident Report. The report will be sent to the member’s Division Captain via the chain of command. After review, the Captain will forward the report to the designated Clerk. The designated Clerk will report the missing citation(s) to the DHSMV Bureau of Uniform Traffic Citations.

L. The officer’s copy of the Uniform Traffic and DUI citation shall be retained by the issuing deputy for a minimum of six (6) months or until the case is disposed of by the court.

M. Traffic Records 1. The Traffic Unit Supervisor or designee shall be responsible for compiling traffic crash and traffic enforcement statistics. The Special Operations Section Lieutenant or designee shall be responsible for periodically completing the Traffic Crash and Enforcement Analysis Report. {CFA 34.11}

2. The designated Clerk shall compile data for the race and ethnicity of drivers and passengers issued traffic seat belt citations in a quarterly report that shall be sent to FDLE and a copy forwarded to the Quality Assurance and Accreditation Unit.

3. The designated Clerk(s) shall maintain all traffic citation records and is/are responsible for the following:

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a. Maintaining a minimum one (1) month supply of UTCs. b. Issuance of UTCs to each sworn agency member. c. Maintenance of UTC issuance log and receipts signed by each sworn member. d. Receipt and storage of all voided UTCs in their entirety with the explanation attached. e. Maintenance of a cross reference filing system of citations by number and agency employee's name. Cross referencing may also be accomplished by reference to the log sheet and/or receipts. f. Ensure that all UTCs issued are entered into Spillman. g. Transmittal of UTCs to the Clerk of the Traffic Court within 5 days after issuance to the violator. h. Log and transmit county parking citations to the Clerk of the Court Parking Ticket Office. i. Proper transmission of DUI Uniform Traffic Citations. j. Upon receiving Uniform Traffic Citations from DHSMV, the designated clerk will maintain all receipts indicating citation book numbers in a secure location.

N. Internal Audit of Citations The Quality Assurance and Accreditation Unit or designee of the Sheriff and the designated Clerk shall conduct periodic audits of traffic records to ensure the accountability of Uniform Traffic Citations, DUI Citations and Osceola County Ordinance Citations. The audit shall consist of a reasonable random sampling of citation books issued. The Quality Assurance and Accreditation Unit or designee of the Sheriff will complete, and retain on file, an audit report accounting for all citations within the random sampling. DHSMV also conducts periodic audits to ensure adherence to these procedures. {CFA 34.08}

Approved by: Sheriff Robert E. Hansell