RECORDS 20.1C
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: AGENCY RECORDS
GENERAL ORDER: 20.1D
EFFECTIVE: October 19, 2012
RESCINDS: 20.1C
PAGES: 9
CONTENTS:
This order consists of the following numbered sections:
I. DUTIES AND RESPONSIBILITIES
II. FILING METHODS
III. RETENTION PERIODS
IV. STORAGE
V. EXAMINATION AND COPYING
VI. EXPUNGEMENT
VII. DESTRUCTION
VIII. INCIDENT REPORTS
IX. ARREST NUMBER ASSIGNMENT
X. ARREST RECORD FILES
XI. WARRANTS
XII. TRAFFIC RECORD SYSTEM
XIII. TRAFFIC CITATIONS
XIV. GLOSSARY
PURPOSE:
To establish guidelines for managing agency records.
SCOPE:
This order applies to all members.
DISCUSSION:
Many Police Department documents are public records and subject to the Florida Public
Records Law. F.S. 119.01 (1) dictates that state, county, and municipal records shall be open for inspection by
any person at all times. Although there are statutory exceptions to this rule, agency documents that are subject to
the Public Records law must be inventoried and packaged so that they can be readily retrieved from storage.
Records may have different retention periods, but none may be destroyed or disposed of without permission of
the Department of State, Division of Archives, History, and Records Management. (A willful violation of the
public records provision is a misdemeanor.)
Public records will not be altered, damaged, or destroyed unless authorized by law.
POLICY:
Members will follow agency administrative and management control procedures, the Florida Admin-
istrative Code, the Florida Public Records Law, the Florida Archives, History, and Records Management Act,
and the General Records Schedule for Law Enforcement Agencies for the orderly retention and disposition of
documents considered public records.
G.O. 20.1C
PROCEDURE:
I. DUTIES AND RESPONSIBILITIES:
A. Records Management Liaison Officer:
The Village Clerk is designated as the records management
liaison officer (RMLO) for the Village. The RMLO is responsible for managing the agency central records
function to include: assisting and guiding the agency in establishing records management procedures; and
ensuring the proper disposal of records following approved retention and disposition schedules.
B. Records Section:
The Records section is the central component for all of the department’s offense/
incident reports, training files and FDLE required personnel files. The records section is also responsible for
the control of mail and proper routing of records requests.These duties are assigned to the records clerk and
include:
1.
Serving as a support function in the maintenance of all offense/incident and supplementary reports.
2
. Provide services to include providing citizen information and the handling of general information
assigned by the Chief.
3.
Maintain and provide or make available to police officers, other organizational components, organizations
outside the agency, and authorized personnel, offense reports, supplementary reports, traffic crash reports,
arrest reports, property reports, miscellaneous reports, and traffic citation reports. The general public may
also obtain these reports, with the content restricted in accordance with state statute, through the Village
Clerk’s Office by completing a records request.
4.
Handling of departmental mail.
C. All Members:
Every member of the Police Department is responsible for the security and maintenance of
public records in their possession.
II. FILING METHODS:
All reports and records shall be maintained in accordance with departmental
standards and state law, and in alphabetical or numerical filing systems. All files will be orderly and maintained
in cabinets, storage containers, or suitable shelving.
III. RETENTION PERIODS:
All public records will be maintained according to GRSLEA. No member will
mutilate, destroy, sell, lend, or otherwise dispose of any public record without the consent of the Department of
State, Division of Library and Information Services Bureau of Records and Information Management. Records
disposition includes the identification and preservation of permanently valuable materials, the transfer of inactive
records to the records storage center, and the destruction of records that have met their retention deadline.
A.
Files that contain different types of records must be kept for a period equal to the latest retention period
for any record in the file.
IV. STORAGE:
The security of public records will be achieved by restricting access to files and filing areas.
Special precautions will be taken to limit access to files containing administrative investigations, personnel
records, juvenile records, intelligence records, etc.
A. Temporary Storage:
Records that are active or to be used as reference material should be maintained in
temporary storage in office spaces and not transferred to permanent storage.
B. Permanent Storage:
The Records Retention Facility is designated for the permanent storage of records.
Records will be housed in these facilities according to the retention periods and guidelines in GRSLEA.
1.
All documents sent for permanent storage must be inventoried and packed for easy identification and
retrieval. The records must be placed in archive boxes that are properly labeled before being sent to storage.
Records stored in a box must be of similar size, type, and nature, and be grouped in alphabetical, numerical,
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G.O. 20.1C
or monthly chronological order.
2.
The Records Clerk or his designee is responsible for arranging the pickup of storage boxes and delivery to
the records storage center.
3.
The Records Clerk or his designee will list all documents removed from storage on the records access log.
When the records are returned, the Records Clerk will initial the log and list the return date.
V. EXAMINATION AND COPYING:
A. Examination:
The law requires every person who has custody of public records to permit the records to
be inspected and examined at reasonable times, under reasonable conditions, and under the supervision of the
custodian of the records. Records containing exempt information will have only that portion deleted that
cannot be released, and the remainder of such record must be produced for inspection or copying. (Members
should refer to F.S. 119.07, 112.533) Access to information will be provided by copying and certifying
records rather than by providing the original. The Public Records Guide for Law Enforcement Agencies
published by the Attorney General’s Office, provides a concise and readily available reference to public access
issues facing law enforcement personnel in Florida. This guide is available to the Records Section and will be
used as a quick reference guide when faced with questions regarding public record.
1.
Authorized members may access central records information 24 hours per day via the agency’s computer
system. In the event a hard copy of a record, such as a hand written witness statement, a Miranda Card, etc.,
is required in other than normal business hours, contact will be made with the Support Services Commander
who will see to it that a hard copy be made available as soon as possible. During normal business hours
contact the Records Clerk for the copy.
2.
Media requests for central records information will be directed to the Office of the Village Clerk.
3.
Public requests for central records information will be directed to the Office of the Village Clerk.
4.
A copy of all Offense/Incident Reports that result in an arrest may be forwarded to the State Attorney’s
Office, upon request.
B. Direct Access:
The following will serve as guidelines for direct access to Police Department records and
files:
1.
Only members assigned to records will have access to record files. All other members will request records
through the Records Clerk unless direct access is authorized by the Chief or his designee.
2.
Members will not use the files of any Police Department component without the permission of a
supervisor of that component.
3.
Personnel will not use the files or enter the desk of another member without permission from that member
or from the immediate supervisor of that member.
4.
Receipts: Direct access, meaning the ability to access NCIC/FCIC II computerized files will be permitted
only to criminal justice agencies. Agencies that will be permitted direct access to data include:
a.
Law enforcement agencies and departments of all governmental levels that are responsible for
enforcement of general criminal laws. This should be understood to include highway patrols and similar
agencies.
b.
Courts at all governmental levels with a criminal or equivalent jurisdiction.
c.
Corrections departments at all government levels, including corrective institutions and probation
departments.
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G.O. 20.1C
d.
Proof of law enforcement and criminal justice may be required to obtain information. This proof should
be either by badge or confirmation of ORI (FBI assigned agency identifier).
C. Copying Records:
1. Official Use Copies:
Police Department members may copy office records only for official purposes.
These copies will be subsequently destroyed, placed on file, or returned to the Records Section.
a. Official records or copies thereof will not be retained for personal use or retained outside the agency
unless required in the performance of duty, with appropriate approval. (This does not apply to personnel
records affecting the member.)
b. Official records will not be used in conjunction with educational study projects, surveys, or a thesis
unless approved by the Chief.
2. Public Request Copies:
a. All public record requests will be directed to the Office of the Village Clerk.
D.Dissemination:
1.
A dissemination log is required for all criminal histories that are released by the agency to any law
enforcement officer or criminal justice agency. Logging is required for the support of the annual audit
process.
2.
The dissemination log must be kept for four (4) years (Federal Privacy Act of 1974) and must be
available for NCIC/FCIC II audit purposes.
3.
The dissemination log will contain at a minimum:
a.
To whom the information relates;
b.
To whom the information was released;
c.
Who released the information;
d.
The date released;
e.
The purpose for which the information was released; and
f. Numeric (SID/FBI) identifier.
VI. EXPUNGEMENT:
All court orders to seal or expunge arrest records will be directed to and coordinated
by the RMLO in compliance with state and federal law.
VII. DESTRUCTION:
A.
The RMLO is responsible for coordinating the destruction of agency records and for maintaining records
of destruction requests and retention schedules. All destructions will be completed in accordance with the
rules and procedures established by the Florida Department of State, Bureau of Archives and Records
Management. When agency records are eligible for destruction, the Records Clerk will submit a records
destruction inventory to the RMLO who will submit the proper documentation to the State Division of Library
and Information Services.
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G.O. 20.1C
B.
NCIC/FCIC II Terminal hard copy materials must be shredded (or otherwise physically obliterated) prior
to recycling. Simply recycling without shredding (or otherwise obliterating) the terminal messages would
violate the physical security of the information obtained through the NCIC/FCIC II system.
VIII. INCIDENT REPORTS:
A. Event and Case Number Assignment:
Complaint information will be initiated and sequential event
numbers, generated by the computer system, will be assigned to each incident as it is reported to the com-
munications center. Sequential, unique case numbers will be assigned to each incident that requires a case
report. Offense numbers will be generated by the computer system. (No numbers will be omitted or
duplicated.) Communications Division personnel are responsible for entering complaint information into the
computer system. A written report should be generated for any incident where documentation or recording of
information might prove beneficial to law enforcement or crime prevention operations. Complaint information
will be initiated for the following incident categories at a minimum:
1.
All crimes.
2.
Motor vehicle crashes.
3.
Incidents that result in a member being dispatched or assigned.
4.
Criminal and non-criminal cases initiated by law enforcement officers.
5.
Incidents involving arrests.
6.
Domestic violence.
7.
Attended or unattended deaths.
B. Report Forms:
Report forms are available in the computerized form as in the USA Software program and
agency approved hard copy forms for those forms are and are not computerized. When necessary to complete
reports by hand, these reports will be completed in BLACK ballpoint ink. All data and narratives must be
printed legibly. Reports will then be forwarded to the on-duty supervisor for approval and then forwarded to
the Records Clerk for entry and filing. The Offense/Incident report form will be used for all reporting
requirements. Reports that are not computerized, such as the Death Investigation Report and the Tequesta
Police Department Inventory and Vehicle Storage Receipt, are available in their respective boxes which are
located in the Patrol Room. The following forms are the most commonly utilized and are approved for agency
use:
1. Offense/Incident Report: will be used as the original report.
2. Narrative Continuation: used when more room is required to complete the narrative; it may also be used
as a supplemental report to the original report.
3. Person Report: use when a person needs to be entered into the report.
4. Property report: Use to list property in a report.
5. Statements (witness or suspect): use to take written statements from individuals involved in the case.
6. Miranda Rights Card: is used when Miranda Warnings are read and explained to the person being
interviewed. The card contains an acknowledgement by signature section.
7. Property/Evidence Receipt: is used to document property or evidence collected or impounded for later
prosecution of the case and for safekeeping of property.
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G.O. 20.1C
8. Waiver and Affidavits Forms: these forms consist of Stolen Vehicle Affidavit, Consent to Search, False
Information Affidavit, Missing Person or Juvenile, Vehicle Damage Release, and Refusal to Prosecute.
9. Arrest and Probable Cause: these forms will initiate the criminal justice procedure and provide initial data
for the FDLE system.
10. Miscellaneous forms: other report forms used by the agency.
C.Report Content:
All fields required to complete and exit a computerized report system form are required
in any hand written report as well. The offense/incident report must answer the following questions to the
greatest extent possible:
1.
Who – who did what to whom; who was involved in the case? The names, phone numbers, and
addresses of the victims, suspects, and witnesses.
2.
What – what happened; what crime was committed; what was taken; what was used to commit the
crime?
3.
When – time of day, day of week, month, and year of the incident and the call times.
4.
Where – where was the crime committed; where was the weapon found; where was the victim taken?
5.
Why – what was the motive of the crime?
6.
How – how was the call received, how was the crime committed and the Modus Operandi?
D. Report Review and Routing:
1.
All reports must be completed and submitted prior to the completed of the assigned member’s shift unless
otherwise approved by a shift supervisor. Completed reports will be forwarded to the shift supervisor for
review.
2.
Supervisors will review reports for accuracy and completeness, and once approved upload the
electronically signed data to the secure computerized records system. If the report requires corrections, it
will be returned electronically to the member, the corrections made, and then re-submitted for approval.
3.
Records personnel will:
a. Confirm that the case number on the report matches the number assigned by the Communications
Division. Case number conflicts and missing report problems will be resolved by contacting the
originating officer in writing or by telephone.
b. Confirm that the appropriate incident/ Uniform Crime Reporting (UCR) code is assigned to the case.
c. Submit a semiannual compilation of UCR data to the Florida Department of Law Enforcement.
d. File and store original reports according to policy. Incident reports will be filed by case number in
sequential order.
4.
The Records SECTION will make two copies of each traffic crash report. The original report will be sent
to the Department of Highway Safety and Motor Vehicles, in Tallahassee. One photocopy will be sent to
the Traffic Operations Division of the Palm Beach County Engineering Services Department. The
remaining copy will be maintained in the Records Section as the copy of record.
E. Report Master Index:
The records management system and the communication system are programmed
to serve as a master index. On-line information searches may be conducted using fields designed as primary
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G.O. 20.1C
and secondary parameters to include: an alphabetical name index of all victims, witnesses, complainants,
suspects and defendants listed in the report; the type of incident and UCR code; the location of the incident;
the type and serial number listing of property found, recovered, stolen, or is considered evidentiary property;
and a criminal history on each arrested person.
IX. ARREST NUMBER ASSIGNMENT:
A.
The Florida Department of Law Enforcement administers a statewide fingerprint records system (AFIS), a
statewide-computerized criminal information system (FCIC), and a statewide crime reporting system (UCR).
The Tequesta Police Department participates in these systems and will follow all rules and procedures
included in the FDLE Identification Manual, the FCIC Operations Manual, and the Florida Uniform Crime
Reports Guide Manual.
X. ARREST RECORD FILES:
A.
Arrest record files will be maintained in compliance with state and federal law. These records are
available to authorized persons upon request.
1. Fingerprint Cards:
Arrestees will be fingerprinted at the Palm Beach County Sheriff’s Office. The
Tequesta Police Department will not house arrest fingerprint cards on file.
2. Arrest Photographs:
Arrestees will be photographed at the Palm Beach County Sheriff’s Office. The
Tequesta Police Department does not maintain photographs of arrestees.
B.
Agency members will strictly control access to juvenile records information. All reports, supplements,
documents, fingerprints, and photographs pertaining to juvenile offenders will be appropriately notated as
pertaining to juvenile(s) and maintained separately from adult records in conformance with F.S. 39. These
records are confidential and not for dissemination unless specific criteria are met. These documents will not be
available for public disclosure and inspection, but are available to other law enforcement agencies, state
attorneys, and the courts. The juvenile, the parents or legal custodians of the juvenile, attorneys representing
the juvenile or the juvenile’s parent or legal custodian, or any other person authorized by the court to have
access to such records shall request them through the Office of the Village Clerk.
XI. WARRANTS:
A. Warrant Confirmations:
1. Warrants From Other Jurisdictions:
An arrest will not be made based on a warrant from another
jurisdiction until confirmation is received that the warrant is still active. A teletype requesting confirmation
will be sent to the originating agency. Confirmation will be via teletype. The officer must confirm that the
subject to be arrested is the same person named in the warrant.
2.Local Warrants:
Access to the Palm Beach County Warrants Unit for warrant confirmations will be
maintained 24 hours per day via the PALMS computer. All local warrants will be verified using this system
before making the arrest.
XII. TRAFFIC RECORD SYSTEM:
The agency maintains records on traffic accidents including reports,
investigations, and locations. The agency also maintains records on traffic enforcement including citations,
arrests, dispositions, and locations. All traffic related reports are processed, maintained, and distributed as
described in section VIII of this procedure. Analysis reports are available to the public upon request to the
Records Section, subject to the provisions of this procedure.
XIII. TRAFFIC CITATIONS:
All members are reminded that: “ It is unlawful and official misconduct for
any traffic officer or other officer or public employee to dispose of a traffic citation or copies thereof or of the
record of the issuance of same in a manner other than as required herein,” F.S. 316.650 (8).
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G.O. 20.1C
A.
The administrative division is responsible for the receipt, distribution, reconciliation, and secure storage of
Uniform Traffic Citations and DUI Uniform Traffic Citations. Only the Chief, or designee, is authorized to
order and receive citations. He or she will distribute a sufficient supply of citations to the patrol division. The
Chief or his designee will ensure that accurate records are maintained for all traffic and DUI citation books
through periodic audits. As books are issued, the following apply:
1.
The receiving officer will ensure that all citations are present and sign the accountability receipts at the
front of the book.
2.
The officer will forward the first copy of the accountability receipt to the administrative division.
B. Issuing Citations:
When an officer issues a citation to a person, the person shall be given the yellow
copy and the remaining three (3) copies shall be turned in daily.
1.
A supervisor shall check the citation to ensure that it was completed correctly and then forward all
copies to the records section.
2.
The records clerk shall separate the copies and distribute them as follows:
a. The first copy, which is white, shall be forwarded to the clerk of courts office.
b. The second copy, which is blue, shall be filed chronologically and maintained by the records section.
c. The third copy, which is pink, shall be maintained by the issuing officer.
C.
Upon receipt of completed citations, the records clerk will also complete a Florida Uniform Citation
transmittal form. The transmittal form and copies of citations will be distributed in compliance with DHSMV
Uniform Traffic Citation Procedures Manual guidelines.
Electronic Citation:
When an officer issues a citation to a person, the person shall be given a printed copy
and the citation transmittal is to be turned in daily.
The violator’s and the officer’s copy of the printed citation does not need to be signed. By simply checking the
box at the bottom of the citation that reads, “ I certify this citation was delivered to the person cited above”
meet the State of Florida’s requirements.
D. Unused Citations:
Upon retirement, resignation, or termination, the officer’s citation book(s) will be
surrendered to the administrative division. The Chief or his designee will reassign all unused citations.
Citations that are unusable will be handled as in Section F. 1 below.
E. Lost or Stolen Citations:
If a citation is lost or stolen, the member will immediately notify a supervisor
and complete a memorandum detailing the circumstances surrounding the lost citation. The memorandum will
be sent to the Support Services Commander via the chain of command. After review, the commander will
forward the completed memorandum to the records clerk. The records clerk will report the missing citation(s)
to the DHSMV Bureau of Uniform Traffic Citations
.
F. Voiding Citations:
Officers are authorized to void citations that they have issued. Justification for
voiding a citation may include: the violator locates his or her driver license, registration, or proof of insurance
during the initial contact; the citation identifies the wrong person or wrong charge; or incorrect information is
entered on the citation.
1.
Any citation that is being voided or declared spoiled must consist of the original and all copies. The
officer must sign the signature line on the citation and write the word “Void” or “Spoiled” on the face of the
citation. A “Voided Uniform Traffic Citation Affidavit of Justification” form must accompany the citation;
the yellow copy may be retained by the officer for his records. The citation and form must be turned into the
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G.O. 20.1C
member’s immediate supervisor.
2.
The supervisor will verify that the invalidation of the citation was appropriate and forward the citation and
form to the Support Services Commander. After review, the Support Services Commander will forward the
documents to the records clerk.
3.
The records clerk will list voided citation(s) on a transmittal form according to DHSMV guidelines.
G. Amended Citations:
When an officer must amend a citation that has already been received by the Clerk
of the Court, the officer must submit to the Clerk of Court a memorandum on department letterhead detailing
the revision. A copy of the memorandum will be retained with the record copy of the citation or in the case
file should one exist.
H. Citation Dismissal:
If the issuing officer wants to have a citation dismissed, the officer must submit a
memorandum detailing the circumstances or justification for the dismissal and all remaining copies of the
citation to the chief. If the chief agrees with the request, a dismissal request form will be completed by the
requesting officer and forwarded to the Clerk of Court. If the citation is to remain valid, the copies will be
returned to the issuing officer with instructions that the citation be routed through the criminal justice system.
(Once a citation is issued, personnel will not advise the recipient that the citation will be voided, but should
express that an effort will be made to have it voided by the court.)
XIV. GLOSSARY:
ALTERATION - Any addition or deletion that materially changes the substantive content of a public record
subject to access under F.S. 119.
GENERAL RECORDS SCHEDULE FOR LAW ENFORCEMENT AGENCIES (GRSLEA) - A listing of
documents that is common to and maintained by law enforcement agencies with recommended and approved
retention periods for each. The schedule, which is issued by the Florida Department of State, Division of Library
and Information Services, describes the records and shows the minimum length of time that a record series or
individual record must be retained to meet administrative, legal, fiscal, and historical needs. Each record series
or individual record listed in the general schedule is numbered in alphabetical order. A copy of the schedule can
be obtained from the Records Management Liaison Officer (RMLO).
PUBLIC RECORDS - All papers, letters, maps, books, tapes, disks, photographs, films, sound recordings, or
other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in
connection with the transaction of official business by any agency. Public records are intended to perpetuate,
communicate or formalize knowledge of some type.
INDEXING:
AGENCY RECORDS
EXPUNGED/SEALED RECORDS
JUVENILE ARREST RECORDS
POLICE REPORTS
RECORDS
TRAFFIC RECORD SYSTEM
UCR RECORDS
WARRANTS RECORDS
DRAFTED:
DJR/October 2006 Filed Record 20.1
APPROVED:
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G.O. 20.1C
Pete Pitocchelli, Chief DATE: October 19, 2012
Tequesta, Florida
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