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Faulty Equipment Notices are to be issued in cases of minor faulty equipment violations outlined in Section 316.610(2), Florida Statutes. In addition, Faulty Equipment Notices may be utilized to require individuals to renew registration or driver licenses that may have recently expired, or to affect a change of address on a registration or driver license.
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Written Warnings may be issued in cases where minor traffic violations are observed
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Written Warnings are not to be issued in the following situations:
a. For driver license violations.
b. For faulty equipment violations.
c. In traffic crash cases.
d. In concentrated efforts without supervisor authorization.
e. Any criminal offense.
f. For child restraint violations.
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The DUI citation is to be issued only for a DUI arrest when the driver's blood alcohol level is 0.08 or higher or when the driver refuses to take a blood, breath or urine test.
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The UTC is to be issued for a DUI arrest when the driver's blood alcohol level is less than 0.08. The UTC may be issued when a capias is being sought to charge a person with DUI regardless of the blood alcohol level.
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A court appearance is required on
all criminal charges.
In addition, any infraction including, but not limited to those which result
in a crash causing death or serious bodily injury to another person;
any violation of Sections 316.183(2)/316.187/316.189 (Exceeding the Speed Limit by 30 mph or more),
403.413(6)(a) (Florida Litter Law),
316.172(1)(b) (Failure to Stop for Stopped School Bus), and
316.520(1) or (2) (Loads on Vehicles), Florida Statutes.
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The following provisions apply only to violations of Section 316.614, Florida Statutes.
a. The driver of a motor vehicle involved in a traffic crash may be issued a UTC for a safety belt violation. Passengers of a motor vehicle involved in a traffic crash may be cited for failure to utilize a safety belt. Written Warnings are not allowed in traffic crash cases.
b. Drivers and passengers of motor vehicles may be cited for safety belt violations at a driver license or vehicle safety inspection checkpoint.
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NO charges are to be made unless the traffic crash is investigated and a report is completed in accordance with Florida Highway Patrol Policy 17.04.
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PBT operators will maintain a personal log of all breath tests conducted on a PBT that would include at least the date, time and results of the tests, and the name of the subject submitting to the tests. This log must be maintained for a minimum of two years after the last entry.
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United States Senators and Congressmen.
a. Article 1, Section 6, of the United States Constitution provides members of the United States Congress and Senate privilege from arrest during the session of their respective houses, and in going to and returning from the same.
b. During the period specified by the United States Constitution, members may issue a Written Warning, a UTC or a Notice to Appear but will not subject a United States congressional representative or senator to custodial arrest, except in cases of treason, felony or breaches of the peace; e.g., assault or DUI.
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Violations committed by military personnel not in the performance of their official duties or as a consequence of responding to an emergency situation should be handled in a manner consistent with the enforcement guidelines of this policy.
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Members are authorized to pursue suspects whom they reasonably believe have committed:
a felony offense;
a violation of section 316.192 (reckless driving);
a violation of section 316.193 (DUI).
Each decision must be based upon the conditions and circumstances existing at the time and by the training and guidelines set forth by the agency.
ALL OTHER PURSUITS ARE PROHIBITED.
NOTE:
Pursuit of motorcycles is restricted to forcible felonies.
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BOXING IN – A deliberate offensive tactic by two or more patrol vehicles to force a vehicle in a specific direction, or to force the vehicle to stop or reduce speed accomplished by the maneuvering into place, of patrol vehicles in front of, behind, or beside the vehicle.
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CARAVANNING – In the course of a pursuit, the following and direct participation in a pursuit by unauthorized patrol vehicles.
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CONTACT – In the course of a pursuit, a deliberate offensive tactic by one or more patrol vehicles to make deliberate contact anywhere against the pursued vehicle in an attempt to force the pursued vehicle to stop or reduce speed.
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EMERGENCY RESPONSE SITUATION – Incidents in which an actual emergency exists or is believed to exist. For example: traffic crashes involving serious injury, police officer needing assistance, armed robbery in progress, or other such events.
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EMERGENCY ROADBLOCK – A restriction, obstruction, device or procedure used or intended for the purpose of preventing free passage or observation of motor vehicles on a roadway in order to effect the apprehension of a suspect. Driver License and Vehicle Safety Inspection Checkpoints, and Comprehensive Roadside Safety Checkpoints are not contained in this definition.
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FAILURE TO STOP – A situation in which a violator fails to stop but does not actively attempt to flee or elude from the stopping member.
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FELONY – Any criminal offense that is punishable under the laws of this State, by death or imprisonment in a state penitentiary (Section 775.08(1), Florida Statutes).
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FORCIBLE FELONY – (Florida Statute 776.08) Treason, murder, manslaughter, sexual battery, carjacking, home/invasion robbery, robbery, burglary, arson, kidnapping, aggravated assault, aggravated battery, aggravated stalking, aircraft piracy, unlawful throwing/placing or discharging of a destructive device or bomb, and any other felony which involves the use or threat of physical force or violence against any individual. Violations of Section 316.1935, Florida Statutes, fleeing or attempting to elude a law enforcement officer or aggravated fleeing and attempting to elude are not forcible felonies.
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IMMEDIATE THREAT – The reasonable belief that a threat of death or serious physical harm to law enforcement or the public exists.
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PRECISION IMMOBILIZATION TECHNIQUE (PIT) – The intentional contact between a patrol unit and a vehicle in an attempt to force the vehicle to stop.
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PRIMARY PURSUING MEMBER – The patrol member who initiates a pursuit or a member who assumes control of the pursuit as the lead vehicle (the first police vehicle immediately behind the fleeing suspect).
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PURSUIT – An active attempt by one or more members to apprehend a suspect operating a motor vehicle while the suspect is trying to avoid capture by using high speed driving or other evasive tactics.
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PURSUIT POLICY COMPLIANCE REVIEW – A review by the Troop Commander of pursuit policy compliance by all affected members and communications personnel within his/her troop.
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PURSUIT TERMINATION DEVICE (PTD) – A device that, when driven over, is designed to puncture and deflate a vehicle’s tires at a controlled rate.
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ROLLING ROADBLOCK – A patrol vehicle or vehicles moving in the same direction in front of and deliberately slowing or attempting to slow the target vehicle by use of the patrol vehicle(s). Members should consider the size of the vehicle, speed and other attendant circumstances involved prior to utilizing a rolling roadblock.
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When another agency requests Florida Highway Patrol assistance in a pursuit situation, a supervisor may authorize such assistance only when the pursuit meets the criteria established by Florida Highway Patrol policy concerning pursuits.
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CARAVANNING – Caravanning by patrol vehicles is prohibited.
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PASSING – Members shall not attempt to pass other patrol vehicles involved in the pursuit unless the passing officer receives specific permission from the primary pursuing unit or the supervisor.
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NUMBER OF POLICE VEHICLES –
No more than three FHP patrol vehicles will become actively involved in a pursuit, unless specifically directed otherwise by the supervisor. Other members should be alert to the pursuit progress and location.
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UNMARKED POLICE VEHICLES –
Members operating unmarked police vehicles may engage in a pursuit. However, when a marked vehicle becomes available to take over the pursuit, the unmarked vehicle will assume the role of back-up unit.
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MOTORCYCLES –
Motorcycle officers will not participate in pursuits due to the extreme hazards to the officers
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NON-PURSUIT RATED PICK-UP TRUCKS AND SUVs –
Members operating non-pursuit rated pick-up trucks and SUVs shall not participate in pursuits, unless he/she reasonably believes the suspect poses an immediate threat. However, when a marked vehicle becomes available to take over the pursuit, the member operating the pick-up truck or SUV shall terminate their participation in the pursuit.
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LIMITED ACCESS, MULTI-LANE, AND ONE-WAY ROADWAYS –
Members shall not drive on the wrong side of the roadway or in the wrong direction to overtake or pursue a violator
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EMERGENCY ROADBLOCKS –
The use of a partial or complete roadblock must be authorized by a supervisor and can be used only as a last resort when deadly force is justified.
The roadblock must be clearly visible and provide adequate warning to allow vehicles to come to a safe stop.
An Offense Report and administrative review of all emergency roadblocks shall be completed and forwarded through the chain of command to the Deputy Director of Patrol Operations and the FHP Training Academy.
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ROLLING ROADBLOCKS –
The use of a rolling roadblock is authorized. However, whenever practicable, members should obtain supervisory approval prior to initiating a rolling roadblock.
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Shooting from or at a moving vehicle during pursuits:
Members shall not shoot from or at a moving vehicle, except as a last resort to prevent imminent death or serious physical injury to the officer or another person.
Firearms may be used only under circumstances that provide a high probability of striking the intended objective and without causing harm to innocent persons.
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Emergency lights and siren shall be engaged at all times during a pursuit situation. Four-way flashers may interfere with brake lights and turn signals and shall not be used while the vehicle is in motion during a pursuit.
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UNDER NO CIRCUMSTANCES WILL PTDs BE USED AGAINST MOTORCYCLES OR THREE-WHEELED VEHICLES, UNLESS THE USE OF DEADLY FORCE IS JUSTIFIED.
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Unless substantial risk to the public is imminent and apparent by not terminating a pursuit, PTDs will not be used against:
(1) School buses transporting passengers.
(2) Buses transporting passengers.
(3) Trucks transporting explosives or other hazardous materials.
(4) Vans transporting passengers.
(5) Any other vehicle, which could reasonably be expected to be above normal risk of causing serious damage or injury.
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Troop Commanders are to conduct a pursuit policy compliance review of all fleeing violators and pursuits and forward the findings to the appropriate Regional Commander
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