EQUIPPING 10 POLICE VEHICLES WITH IN-CAR VIDEO SYSTEMS TO ENHANCE THE DUI EFFORTS
.~
,
Florida Department of Transportation
JEB BUSH
GOVERNOR
605 Suwannee Street
Tallahassee, Florida 32399-0450
THOMAS F. BARRY, JR.
SECRETARY
January 7,2003
:fED
Mr. William B. Harne, II
City Manager
City af Clearwater
100 S. Osceala Avenue
Clearwater, Florida 33756
. :. c.~' I. 'l..tu~03"
~.'~;"'. E ")
CITY ivlANAGER'S OFfICE
RE: Clearwater DUI Enforcement Praject
Project Na,: AL-03-05-05
D.O.T. Cantract Na.: AM668
Dear Mr. Harne:
Yaur applicatian to. the Flarida Department afTranspartatian far highway safety funds has been approved. We are
pleased to. make this award in the amaunt af $36,000 to. yaur agency for the purpase af equipping 10 palice vehicles
with in-car videa systems to. enhance the Clearwater Palice Department's DUI effarts. A capy afthe approved
project agreement with the referenced praject number and title is enclased for yaur file. All carrespandence with the
Department shauld always refer to. the p~oject number and title.
Please direct yaur attentian to. Part V af the subgrant entitled "Acceptance and Agreement". These canditians
shauld be reviewed carefully by thase persans respansible far praject administratian to. avaid delays in project
campletian and cast reimbursements, The effective date afthe agreement is January 6,2003 and anly thase casts
incurred an or after that date and before Octaber 1,2003 are eligible for reimbursement. As a reminder, Part V
requires that all reimbursement claims must be submitted manthly, as casts are incurred. Claims nat submitted as
required may be grounds far terminatian af yaur subgrant.
If yaur sub grant cantains persannel, yau must pravide this affice with the name af the individual whase salary is
cavered under the grant. If natification is nat provided to. this affice, salary will nat be reimbursed. In additian, if
personnel changes accurduring the grant periad, this affice must be natified immediately.
We laok forward to. working with yau an this project. If you have any questions or need assistance, please cantact
Jim Spires at (850) 488-5455, who. will be caardinating this activity.
Sincerely,
~~~
George E. Rice, Jr.
State Safety Engineer
GER: njl
Enclasures
cc: Chief Sid Klein
Lt. Steven Burch
Clrristine Keenan
Jasephine Janes
Cannie Hand
Troy Ayers
www.dot.state.fl.us
* RECYCLED PAPER
.1.
Prework Conference Checklist
Project Number:
Project Title: neAr WMP.1' 01 IT F.nfnr~p.mp.nt ~A 17Al'M";M Prnjp.~t
Subgrantee Agency:. . C '"7 ,-f- c~ .. tv~-<
Implementing Agency: (' k4A. ........,Ic,( f?'/I<<- ~"&#t' r
03
Date: OR!l i\/O?
1,. The effective date of this Subgrant Agreement is
This Subgrant Agreement ends on September 30. 20m
2. Jim Spires has been assigned to monitor this highway safety project
He/she can be reached at (850) 488-5455. Correspondence should be sentto one of the
addresses below:
Mail (U.S. Postal Service)
Florida Department of Transportation
605 Suwannee Street
Mail Station 17
Tallahassee. FL 32399-0450
" ...
Overnight (U.P.S.. Federal Express. etc..)
State Safetv ~S~ .< . /) \
I ~ I 7 c, b ....,..c..... 6/'-" If:!S ~ ..., v
Magnolia Centre II Building
Room 300
Tallahassee. Florida 32301
The Project Number listed above must appear on all correspondence related to this Subgrant Agreement
3. Copies of the approved Subgrant Agreement for Highway Safety Funds for the above referenced
project were mailed to the Project Director and the Authorized Representatives of the Subgrantee and
Implementing Agencies. The following parts of the Subgrant Agreement were reviewed during the
Prework Conference as indicated by the Project Director's initials
6116 Part I: General Administrative Information ~ Part IV: Reports
€5'f6 Part II: Project Planand Supporting Data ~ Part V: Acceptance and Agreement
f:J1f6 Part III: Project Detail Budget
4; Federal and state documents related to subgrant activities were discussed with the Project Director or
the. Representative of the Chief Financial Officer during this meeting. Copies of the following documents
relevant to the subgrant were received by the person who has initialed below:
~ Uniform Administrative Requirements.. . Local Governments -- 49 CFR. Part 18
fY,<-. Uniform Administrative Requirements.. . Non-profit Organizations -- 49 CFR. Part 19
~Cost Principles for Educational Institutions -- Circular A-21
()L. Cost Principles for State and Local Governments -- Circular A-87
J.l!::..... Cost Principles for Non-Profit Organizations -- Circular A-122
C$-, Audits of State. Local Governments and Non-Profit Organizations -- Circular A-133
B- Highway Traffic Safety Program .-' Chapter 14-98. FAC.
JlL Disbursement Operations Manual: Chapter 3: Travel-- Topic 350-030-400
~PerDiem and Travel Expenses... - Chapter 112.061 F.S.
~
1
STATE OF FLORIDA DEPARTMENT OF lRANSPORTATION
SUBGRANT APPUCATlON FOR HIGHWAY SAFETY FUNDS
500.065-01
SAFETY
05102
ForD.O.T. Use Only
Project Number:
AL-03-05-05
DOT Contract Number: AM668
Subgrant Period: January 6 , 2003 to September 30, 2003
Date Revised:
Federal Funds Allocated:
$36,000.00
Date Approved: 01/06/03
Suilgrant History: (1) (2)
Partl: GENERAL ADMINISTRATIVE INFORMATION
(See Instructions for Highway Safety Subgrant Applications)
(3)
1. Project Title:
Clearwater DUl Enforcement Project
Type of Application: () Initial
o Continuation
Requested Subgrant Period:
lO/Ol/02
to 9/30Q01lljBx 2 0 0 3 :
4. Support I. Matching
Sought: $ 36 , 000 . 00 Share:
5. Applicant Agency (Subgrantee):
City of Clearwater
100 S. Osceola Avenue
Clearwater, FL 33756
Bill Horne
City "Manager
Total
$ 4, 00 0 Budget: ~ 40 rOO 0
6. Implementing Agency:
Clearwater Police Department
645 pierce Street
Clearwater, FL 33756
Sid Klein
Chief of Police
Telephone: ( 7 2 7 ) 56 2 - 4 0 4 0
7. FederallD Number:
_ o3'f
I,Chlef Financial Officer:
Christine Keenan
Administrative Support Manager
Planning and Fiscal unit
Clearwater Police Department
645 Pierce Street
Clearwater, FL 33756
Telephone: (727) 562~4343
8. State SAMAS Number (State Agencies)
10. Project Director:
Lt. Steven Burch
Traffic Section Commander
Clearwater Police Department
645 Pierce Street
Clearwater,FL 33756
(7 , 7 ) - E;~ ? - 4 1 QR
Telephone Number: (7 ., 7) 562 41il
Fax Number: ( 727 ) 56 2 - 415 6
Telephone Number:
Fax Number:
(727) 562-4192
E-Mail Address: ckeenan@clearwateroolice ~IIAddress: ghllr~'h(a('" ~;:!rw;:l+~rrn' ; ("'co n g
Subgrant funds provided by the U.S.. Department of Transportation, National Highway Traffic Safety Administration,
Catalog of Federal Domestic Assistance Number - 20.60 f) ,State and Community Highway Safety Program, throug
the Florida Department of Transporatation. -
1
500-065-01
SAFETY
05/02
Part n: PROJECT PLAN AND SUPPORTING DATA
State clearly and in detail the aims of the project. precisely what will be done, who will be involved, and what is expected
to result. Use the following major headings:
1. Statement of the Problem
2. Proposed Solution
3. Objectives
4. Evaluation
5. Milemones (Use form provided)
Start below and use continuation pages as necessary.
Statement of the Problem:
Since our firstDUI grant in 1996, DUI arrests in Clearwater have steadily increased. Despite these increases we realized a significant
increase in alcohol-related fatalities and crashes. In the year 2000 our alcohol-related crash rate hit a ~n-year high of 13.38 percent with
an alcohol-related fatality rate of 40.4 percent. In addition. in the year 2002, we have noticed that oW' DUIarrest rate has not increased
over 2001. This is first time in the last five years when the arrest rate bas remained constant. While our DUI Team's arrests have been
steadily climbing the number of arrests made by our patrol officers has failed to increase.
1'.
For the past seven years the Department has established the practice of patrol officers calling for a DUll Traffic officer to take over the
investigation of a suspected DUI driver. The primary reasons for this policy were these officers had specialized training and equipment to
processDUI offenders more efficiently then patrol officers. Asa result patrol officers became dependent on DUIfI'raftic officers to handle
these cases.' This became a problem when a DUIfI'raffic officer was not available. While many patrol officers would continue with the
investigation some would not, and even those who did were taking longer then a DUIlfraffic officer would, due to the lack of equipment.
Proposed Solution:
The Clearwater Police Department is proposing to increase the number DUI drivers arrested by patrol officers by adopting four courses of
action.
1. The Departmentis seeking ftmdstoequip ten assigned and take home croisers with in-car video systems.
2. The DePartment will conduct an 8-hour DUI refresher training for all patrol officers and supervisors.
3. The ten officers receiving the in-car video systems will, (if they haven't already) attend the:full three-day IPTM. SFST course.
4. The Department will host one:full size DUI checkpoint and three other DUI wolfpacks and/or DUI mini or hybrid checkpoints.
5. The Department will pay the cost of installation and supply the required video tapes.
ObjectiveS:
1. To installl 0 in car video units in assigned patrol vehicles
2. To train all patrol officers and supervisors in DUI detection and arrest (either 8-hour refresher or 24-hour full course).
3. Conduct four DUI enforcement operations
4. Increase DUI arrests made by patrol officers by 3 percent over the 2002 total.
S. Increase overall DUI arrests by 5 percent over 2002 totals.
Evaluation:
The Department will use its automated reporting system to track and monitor DUI arrests by non-traffic section patrol officers. We will
compare DUI arrests for each quarter in 2003 with those in the same time period in 2002.
2
500.065-01
SAFETY
05/02
MILESTONES
Timetable for Milestones
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
OCT NOV DEe JAN FEB MA APR MAY JUN JUL AUG SI
R
x x
x
x
Purchaseeguipment
x
x
x
Install equipment
Train officers
x x
x
x
Conduct DUl operations
/.
x
x
x
x
Evaluation
x
x
x
3
Part III: PROJECT DETAIL BUDGET
Project Title: Clearwater Dm Enforcement Project
Project Number: AL -03-05-05 Contract Number: AM668
FEDERAL
BUDGET CATEGORY
TOTAL
A. Personal Senrices $00.00 $00.00
None $00.00 $00.00
$00.00 500.00
Sub-total
B. Contractual Services $00.00 $00.00
None /. $00.00 $00.00
Sub-total $00.00 $00.00
C. Expenses
Installation of video units ($250.00 per unit) $2,500.00 $00.00
60. videotapes per officer . (600x2.50per 1ape) $ 1,500.00 $00.00
Sub-total 54,000.00 $00.00
D. Opera~g Capital Outlay
".
10 In-car video systems $3,600 a unit $36,000.00 $36,000.00
Sub-total $36,000.00 536,000.00
$00.00 $00.00
None $00.00 $00.00
Sub-total
$00.00 $00.00
$40,000.00 $36,000.00
Total Cost of Project
A
500-065-01
SAFETY
05/02
NON-FEDERAL
STATE LOCAL
$00.00 $00.00
$00.00 $00.00
$00.00 $00.00
$00.00 $00.00
$00.00 $00.00
500.00 $00.00
$00.00 $2,500.00
$00.00 $ 1,500.00
$00.00 54,000.00
$00.00 $00.00
500.00 500.00
$00.00 $00.00
$00.00 $00.00
$00.00 $00.00
500.00 500.00
54,000.00
Budget Modification Number:
Effective Date:
500-065-01
SAFETY
05/02 .
BUDGET NARRATIVE
Project Title: Clearwater Dill Enforcement Project
Project Number: AL-03-05-05 Contract Number: AM668
The following is a narrative description of the project budget by line item by category, detailing the item and anticipated
cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed
Federal
Local
Personal Services:
None
Contractual Services:
None
Expenses:
Installati()n of ten in-car video systems in existing assigned and
take-home patrol vehicles. Estimated cost $250.00 per vehicle.
$00.00
$2,500.00
Purchase of 2-hour videotapes for each of the' identified officers.
Estimated cost of $2.50 each for 60 tapes.
$00.00
$1,500.00
Operating Capital Outlay:
PurchaseoflO in-car video systems with a service life of5 years or greater. $36,000.00
To be installed ten permanently assigned or take-home Patrol Division vehicles.
$00.000
"
'.
Budget Modification Number:
Effective Date: -
5
500-065-01
SAFETY
05/02.
Part IV: REPORTS
Quarterly Progress Report Narrative for the
quarter.
Project Title:. Clearwater Dill Enforcement Project
Project Number:
Implementing Agency: Clearwater Police Department
Project Director: Lieutenant Steven Burch
AL-03-05-05
Desmbe thesubgrant activities that took place during the quarter. Attaeh newspaper clippings, press releases, photos and other
items that document activities. Use additional sheets, if necessary. The Qruu1er1y Progress Report of Perfornumce Indicators should
be sent to the DOT Safety Office along with this narrative within in 30 days of the end of each quarter.
t',
6
Quarterly Progress Report of Performance Indicators
for the quarter
Project Title: Clearwater DUI Enforcement Project
Project Number: AL-03-05-05
Implementing Agency: Clearwater Police Department
Project Director Lieutenant Steven Burch
Performance
Indicaton
EDIIIag
31
Video systems ordered
Video systems purchased
DUISpecial Enforcement Operations
Number ofDUI arrests made during
Clearwaterbosted DUI
Checkpoint$
\
'.
Number afDUI arrests made by
selected (lO)video officers
NumberofDUI arrests made by other
non traffic patrol officers
Number afDUI arrests made by Traffic
Section Officers
Number of seat belt citations issued
Number of child restraint violations.
Milestones Accomplished
EmIIDc
31
500-065-01
SAFETY
as/oz.
undine Projed
Totals
7
500-065-01
SAFETY
05/02 .
Final Narrative Report
Project Title: Clearwater Dill Enforcement Project
Project Number: AL-03-05-05
Implementing .Agency: Clearwater Police Department
Project Director: Lieutenant Steven Burch
The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance
and Agreement, . Conditions of Agreement, 1. ReporJs. It is an accurate accounting of the project
performance and accomplishments. ..Attach additional sheets as needed.
r.
8
Part V: Acceptance And Agreement
5OO-Q85.C1
SAFETY
05102
Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following
terms and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of
costs as set forth herein.
1. Reports. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly
Progress Report of Performance Indicators forms to the State Safety Office by January 31, April 30, July 31,
and October 31 if there was subgrant activity during the quarter prior to the deadline. The implementing agency
shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems
~ encountered, and major accomplishments by October 31. Requests for reimbursement will be returned to the
subgrantee or implementing agency unpaid if the required reports are past due, following notification.
2. Responsibility of Subgrantee. The subgrantee and its Implementing agency shall establish fiscal control and
fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required
non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the
Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds
shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations; OMB Circular A-102, Grants and Cooperative Agreements with State and Local
Governments; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Ho~pltals, and Other Non.proflt Organizations; OMB Circular A-21 , Cost
Principles for Educational Institutions; OMB Circular A-87, Cost Principles for State, Local, and Indian
Tribal Governments; and/or OMB Circular A-122, Cost Principles for Non-Profit Organizations, hereby
Incorporated by reference, (hereinafter referred to as Applicable Federal Law).
3. Compliance with Chapter 287, Florida Statutes. The subgrantee and Implementing agency agree to comply
with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated In this
agreement pursuant to sections 287.133(3)(a) and 287.134(3)(b), Florida Statutes.
(a) Section 287.133 (2}(a), F.S.
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity In excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list
(b) Section 287.134 (2}(a), F.S.
An entity or affiliate who has been placed on the dlsalmlnatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity.
4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in
writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor
by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant
or contractor agreement.
5. Allowable Costs. The allowabillty of costs Incurred under any subgrant shall be determined in accordance
with the general principles of allowabDity and standards for selected cost items set forth In the Applicable Federal
Law and state law, to be eligible for reimbursement All funds not spent In accordance with the Applicable Federal
Law will be subject to repayment by the subgrantee.
.
I.
9
5QG.065.01
SAFETY
05102
6. Travel. Travel costs for approved travel shall be reimbursed in accordance the State of Florida, Department
of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, hereby incorporated by
reference, but not In excess of provisions in Section 112.061, Florida Statutes. All travel for out-of-state or
out-of-grant-specified work area shall require written approval of the State Safety Office prior to the
commencement of actual travel as being within the travel budget of the project and relevant to the project.
Out-of-state travel shall not be approved unless the specific trip Is In the approved subgrant budget or the head of
the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to the
outcome of the subgrant activities. In addition, prior written approval shall be obtained from the State Safety
_ Office for hotel rooms with rates exceeding $100 per day that are to be reimbursed. Rates exceeding $100 per
day shall not be approved unless the hotel is the host facility for an approved conference or the average rate for
all hotels in the area exceeds $100.
7. Written Approval of Changes. The subgrantee or Implementing agency shall obtain prior written approval
from the State Safety Office for changes to the agreement. Changes to the agreement will be allowed which
achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the subgrantee
require the change. For example:
(a) Changes In project activities, milestones, or performance Indicators set fortl1ln the approved application.
(b) Changes in budget Items and amounts set forth In the approved application.
8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse thesubgrantee
shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature.
As detailed in 49 CFR, Part 29, Governmentwlde Debarment and Suspension (Non procurement} and
Governmentwlde Requirements for Drug-Free Workplace (Grants), hereby Incorporated by reference, the
subgrantee shall not be reimbursed for the cost of goods or selVlces received from contractors, consultants,
vendors. or Individuals suspended, debarred, or otherwise excluded from doing business with the Federal
government. The subgranteeor its Implementing agency shall submit the required certification by consultants
with awards in excess of the small purchase threshold fIXed at 1DU.S.C. 2304(g} and 41U.S.C. 253(g}
(currently $25,000).
9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the
subgrant award, the subgrantee or Its Implementing agency shall report by letter the steps taken to Initiate the
project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award,
project activity as described herein has not begun, a further statement of implementation delay will be submitted
by the subgrantee or Its Implementing agency to the State Safety Office. The subgrantee agrees that if the letter
is not received in the 60 days, the State Safety OffIce will cancel the project and reobllgate the funds to other
program areas. The State Safety Office, where warranted by excusable delay, will extend the implementation
date of the project past the 60-day period, but only by fonnal written approval from the State Safety Office.
.10. Excusable Delays.
(a) Except with respect to the defaults of subgrantee's or Implementing agency's consultants and contractors
which shall be atbibuted to the subgrantee, the subgrantee and Its Implementing agency shall not be In default
by reason of any failure in performance of this agreement In accordance with Its terms If such failure arises out
of causes beyond the control and without the fault or negligence of the subgrantee or Its implementing agency.
Such causes are acts of God or of the public enemy, acts of the Government In either Its sovereign or
contractual capacity, fires, floods, epidemics, quarantine restrictions, sbikes, freight embargoes, and unusually
severe weather, but In every case the failure to perform must be beyond the control and without the fault or
negligence of the subgrantee.1f the failure to perfonn Is caused by the failure of the subgrantee's or Its
Implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of
causes beyond the control of the subgrantee, Its Implementing agency and Its consultant or contractor, and
without the fault or negligence of allY of them, the subgrantee shall not be deemed to be In default, unless (1)
the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2)
the State Safety Office shall have ordered the subgrantee or Its Implementing agency In writing to procure such
supplies or selVices from other sources, and (3) the subgrantee or Its implementing agency shall have failed to
comply reasonably with such order.
1n
~ll5-O1
SAFETY
05102
(b) Upon request of the subgrantee or Its Implementing agency, the State Safety Office shall ascertain the
facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by
anyone or more of the said causes, the delivery schedule shall be revised accordingly.
11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs Incurred on or after the effective
date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is
Incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant
_~ performs the service required or when goods are received by the subgrantee or its implementing agency,
notwithstanding the date of order.
12. Perfonnance. In the event of default, noncompliance, or violation of any provision of this agreement by the
subgrantee, the Implementing agency,the subgrantee'sconsultant(s) or contractor(s) and supplier(s), the
subgrantee agrees that the Department will impose sanctions. Such sanctions Include withholding of payments,
cancellation, termination, or suspension of the agreement In whole or In part. In such an event, the Department
shall notify the subgrantee and Its implementing agency of such decision 30 days In advance of the effective date
of such sanction. The sanctions Imposed by the Department will be based upon the severity of the violation. the
ability to remedy, and the effect on the project The subgrantee shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
13. Access to Records and Mo~.ltorlng. . The Department, NHTSA, Federal Highway Administration (FHWA),
and the Comptroller and Auditor GerJ~ral of the State of Florida, or any of their duly authorized representatives,
shall have access for the purpose of au'dit and examination of books, documents, papers, and records of the
subgrantee and Its implementing agency, and to relevant books and records of the subgrantee, Its implementing
agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law.
In addition to review of audits conducted In accordance with OMB Circular A-133, as revised, hereby incorporated
by reference, monitoring procedures will Include, on-site visits by Department staff, limited scope audits as
defined by OMB Circular A-133, as revised, and status checks of subgrant activity via telephone calls from Safety
Office staff to subgrantees. By entering into this agreement, the subgrantee and its Implementing agency agree
to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subgrantee or
its implementing agency is performed, the subgrantee agrees to bring the project into compliance with the
subgrant agreement. The subgrantee further agrees to comply and cooperate with any inspections, reviews,
Investigations, or audits deemed necessary by the Comptroller or Auditor General.
'\ The Department shall unilaterally cancel this subgrant if the subgrantee or its Implementing agency refuses to
allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119,
F .5., and made or received by the subgrantee or Its implementing agency In conjunction with the subgrant.
14. Audit. ... This part is applicable if the subgrantee is a State or local government or a non-profit organization as
defined in OMB Circular A-133, as revised.
In the event that the subgrantee expends $300,000 or more In Federal awards In Its fiscal year, the $ubgrantee
must have a single or program-specific audit conducted In accordance with the provisions of OMB Circular A-133,
as revised. Page 1 of this agreement Indicates the source of Federal funds awarded through the Florida
Department of Transportation by this agreement In determining the Federal awards expended in its fiscal year,
the subgrantee shall consider all sources of Federal awards, Including Federal funds received from the
Department of Transportation. The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the subgrantee
conducted by the Auditor Generalln accordance with the provisions OMB CircularA-133, as revised, wlU meet the
requirements of this part.
In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to
audltee responsibilities as provided In Subpart C of OMB Circular A-133, as revised.
11
5Q0.065.01
SAFETY
05/02
If the subgrantee expends less than $300,000 In Federal awards In Its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
subgrantee expends less than $300,000 in Federal awards In its fiscal year and elects to have an audit conducted
In accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from
non-Federal funds.
Copies of audit reports for audits conducted In accordance with OMB Circular A-133, as revised, and.requlred by
this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised. by or on
- behalf of the subgrantee directly to each of the following:
(a) Florida Department of Transportation
605 Suwannee Street, M5-17
Tallahassee, FL 32399-0450
(b) Federal Audit Clearinghouse
Bureau of the Census
1201 East 10 Street
Jeffersonville, IN 47132
(c) Other Federal agencies and pas.through entities In accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.,
"
15. Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the
Department or Its designee access to such records upon request.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or
the dispute Is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section
18.42 or 49 CFR, Section 19.53.
16..Procedures for Reimbursement All requests for reimbursement of subgrant costs must be submitted on
forms provided by the Department (FOOT Fonn Numbers SOO..Q65-Q4 through 07). Appropriate documentation
supportive of the reported costs must accompany each claim.
The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at
least once each quarter as costs are Incurred and payment is made. The only exception is when no costs are
Incurred during.a quarter. Reimbursement for subgrants with personnel costs should be made after every two pay
periods. Failure to submit reimbursement requests In a timely manner shall result in the subgrant being
terminated.
All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a
useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record
(FOOT Form No. 500-065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of
this form.
A final financial request for reimbursement shall be submitted to the State Safety Office within 30 days after the
end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the Invoice in a
timely manner shall result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount
incurred If the final request Is not received within 30 days of the end of the subgrant period.
17. Ownership of Data and Creative Material. The ownership of material, discoveries, Inventions and results
developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49
CFR, Section 19.36, or OMB Circular A-11 0, hereby incorporated by reference.
12
':
500-065-01
SAFETY
05102
In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a
royalty-free, nonexclusive, and irrevocable license to reproduce, publish or othelWise use, and to authorize others
to use:
(a) The copyright In any work developed under a subgrant or contract under a subgrant; and
(b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant
support.
18. Property Accountability. The subgrantee or its Implementing agency shall establish and administer a
- system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department,
or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth
in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34. or OMB Circular A-11 0, incorporated herein by reference.
This obligation continues as long as the property is retained by the subgrantee or Its Implementing agency,
notwithstanding the expiration of this agreement.
19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the
State Safety Office In writing and shall be distributed to parties concerned. A written appeal may be made within
30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation,
605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision Is final. The subgrantee and its
implementing agency shall proceed diligently with the performance of the agreement and in accordance with
Department's decision.
,
20. Conferences, Inspection of Work~ Conferences may be held at the request of any party to this agreement.
Representatives of the Department or the U.S. Deparbnent of Transportation (USDOT), or both,shall be
privileged to visit the site for the purpose of inspection and assessment of work being performed at any time.
21. Publication and Printing of Observational Surveys and Other Reports.
(a) Before publication or printing, the final draft of any report or reports required under the agreement or
pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence.
(b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following
statement on the cover page:
'\
'.
(1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida,
in cooperation with the National Highway Traffic Safety Administration, U.S. Department of
Transportation and/or Federal Highway Administration, U.S. Department of Transportation,
(2) The conclusions and opinions expressed in these reports are those of thesubgrantee and do not
necessarily represent those of the State of Florida, Department of Transportation, State Safety
Office, the U.S. Department of Transportation, or any other agency of the State or Federal
Government.
22. Equal Employment Opportunity. No person shaU, on the grounds of race, color, religion, sex, handicap, or
national origin, be excluded from participation In, be refused the benefits of, or be otherwise subjected to
discrimination under thissubgrant, or any project, program, or activity that receives or benefits from this subgrant
award. The subgrantee and Its Implementing agency agree to comply with Executive Order (E.O.) 11246, as
amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, Incorporated. herein by reference.
23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the
subgrantee and its Implementing agency shall be required to defend, hold harmless and Indemnify the
Department, NHTSA, FHWA, and USDOT,from all claims and liability, or both, due to negligence, recklessness,
or intentional wrongful misconduct of subgrantee, Implementing agency, and Its contractor, consultant, agents and
employees. The subgrantee and Its Implementing agency shall be liable for any loss of, or damage to, any
material purchased or developed under this subgrant agreement which Is caused by the subgrantee's or Its
Implementing agency's faDure to exercise such care in regard to said material as a reasonable careful owner of
similar materials would exercise.
13
500-065-01
SAFETY
0S'02
The parties executing this agreement specifically agree that no provision in this agreement is intended to create in
the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreementto
maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement.
24. Disadvantaged Business Enterprises (DB E).
(a) The subgrantee and its implementing agency agree to the following assurance:
The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any USDOT -assisted contract or in the administration of its
DBE program required by 49 CFR. Part 26, incorporated herein by reference. The subgrantee shall take
all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and
administration of USDOT -assisted contracts. implementation of this program is a legal obligation and
failure to carry out its terms shall be treated as a violation of this agreement Upon notification to the
subgrantee of Its failure to carry out Its approved program, the USDOT may impose sanctions as provided
for under Part 26 and may, in appropriate cases, referthe matter for enforcement under18 U.S.C. 1001
and/or the Program Fraud CIvD Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by
reference.
(b) The subgrantee and its implementing agency agree to include the following assurance in each contract
with a consultant or contractor and to require the consultant or contractor to Include this assurance In all
subcontract agreements: ' .
The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract The consultant or contractor shall
carry out applicable requirements of 49 CFR. Part 26 In the award and administration of USDOT -assisted
contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy, as thesubgrantee,
its Implementing agency, or the Department deems appropriate.
25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require
consultants and contractors to comply with 49 CFR. Part 20, New Restrictions on Lobbying, herein Incorporated
by reference, for flling of certification. and disclosure forms.
No funds granted hereunder shaH be used for the purpose of lobbying the legislature, the judicial branch, or state
agencies. Section 216.347, Florida Statutes.
26. How Agreement Is Affected by Provisions Being Held Invalid. If any provision of this agreement Is held
invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
27. Federal Requirement for Public Service Announcements. All public service announcements produced
with Federal Highway Safety funds shaH be closed captioned for the hearing Impaired.
28. Public Awareness Materials and Promotional Items. The name of the subgrantee or implementing agency
and Its logo can appear on printed materials and promotional items. The names of individuals connected with the
subgrantee shall not appear on printed materials and promotional Items paid for with Federal highway safety
funds. Before printing public awareness materials or ordering promotional Items. a final draft or drawing ofthe
Items shall be submitted to the State Safety Office for review. The Office shall provide written approval for
reimbursement If the Items are appropriate for purchase under this agreement. Copies of all public awareness
materials purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement
for the items.
29. Term of Agreement. Each subgrant shaY begin on the date of the last party to sign the agreement and shall
end on September 30, following, unless otherwise stipulated by the State Safety OffIce on the first page of the
respective agreement. The subgrant period shall not exceed 12 months.
14
fiOO.ll6lHl1
SAFETY
05102
30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards In excess of $100,000 the
subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), herein incorporated by reference. The subgrantee shall include this provision in all
subcontract awards in excess of $100,000.
31. Personnel Hired Under Agreement The head of any Implementing agency receiving fIrSt year funding for a
new poslt/on(s) -through a subgrant shaD provide written notification within 30 days of the agreement being
awarded to the State Safety Office that a new positlon(s) has been created in the agency as a result of the
~ subgrant being awarded.
Any and all employees olthe subgrantee or Implementing agency whose positions are funded, in whole or In part
through a subgrant, shall be the employee of the subgrantee or Implementing agency only, and any and all daims
that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee
or its implementing agency.
32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds
rests with the subgranteeand its Implementing agency; however, the USDOT maintains an interest in the
equipment for three fiscal years following the end of the subgrant period. Any equipment purchased with Federal
highway safety funds that is not being used by the subgrantee or Its Implementing agency for the purposes
described in the subgrant shall be repossessed by the State Safety Office, on behalf of the USDOT. Items that
are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this
subgrant. ",
33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at
their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds thatis
damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment
replacement.
34. Ineligibility for Future Funding. The subgrantee and Its implementing agency agree that the Department
shall find the subgrantee or Its implementing agency Ineligible for future funding for any of the foUowing reasons:
.
"
(a) Failure to provide the required audits,
(b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle
ends,
(c) Failure to provide required quarterly and final reports in the required time frame,
(d) Failure to perform work described in Part II of the subgrant agreement,
(e) Providing fraudulent quarterly reports or reimbursement requests,
(f) Misuse of equipment purchased with Federal highway safety funds.
35. Safety Belt Policy. Each subgrantee and Implementing agency shall have a written safety belt policy, which
Is enforced for all employees. A copy of the policy shaD be attached to the subgrant application.
36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard
operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the
procedure shall be attached to the subgrant application.
37. Certification for Equipment Costing More than $500 per Item. The head of any Implementing agency
purchasing equipmentcosting more than $500 per Item shall send a letter to the Safety Office upon award of the
subgrant certifying that none of the items being purchased with federal highway safety funds Is replacing
previously purchased equipment, whether the equipment was purchased with federal, state, or local funds.
38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of
the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress
Report of Performance Indicators.
15
,\
500-06~1
SAFElY
05lIl2
39.Chlld Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have
at least one staff member certified by the American Automobile Association (AM) as a CertifledChild Passenger
Safety Technician. Failure to comply with this provision shall result In the termination of this agreement.
40. Special Conditions.
a. The subgrantee will use the following standard language
in all press materials:
"Funding for this program was provided by a grant from
the Florida Department of Transportation. II
b. The subgranteewill submit print clips to the FDOT State
Safety Office via e-mail or fax at 850-487-4224. All
clips will include publication name and date the article
was published.
c. The subgrantee will fax a short description of any new
traffic safety event or program to FDOT at 850-487-4224
at least two weeks in advance.
1'.
16
,.J
PROJECT NUMBER:
AL-03-05-05
500-065-01
SAFETY
05102
IN WITNESS WHEREOF. the parties affirm that they have each read and agree to the conditions set forth in Part V of
this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore. in consideration of
the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials
on the day, month, and year set out below.
(For DO T Use Only)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
~~x7-
Title:
State Safety Engineer
~/&/o3
~-12/..,~~
Date:
"
FEDERAL FUNDS ALLOCATED
$36,000.00
Reviewed for the Department of Transportation:
By:
~ -- _-4'/
Attory - DfJ"
/2- -I') --I.~
,
-.
SUBGRANTEE
City of Clearwater
, Name of Applicant Agency Typed
By: ~~6- ~>-U
Signature of Authorized Representative
william B. Horne, II
Authorized Representative's Name Typed
Title:
City Manaqer
Date:
q 14MoL
/ I
Attest:
fJJYlMV(}lt )JmiJ
- Signature of Witness
ADMINISTRATOR OF IMPLEMENTING AGENCY
By:
~//Cb':
Signature of Administrator
sid Klein
Administrator's Name Typed
Title: Chief of Police
NOTE: No whlteout or erasures accepted on this signature page.
17
224.001
224.10
224.20
February 9, 1998
CROSS REFERENCE:
224.001 Policy -The Clearwater Police Department
recognizes the value of safety belts in avoiding
and mitigating injury to department personnel
and others as a result of service-connected
automobile accidents. Therefore, it is the
policy of the Clearwater.Police Department
that all department employees wear safety
belts, whenever available, while operating or
riding as a passenger in any city-owned or
leased vehicle, or any vehicle used by a
department employee while the employee is on
department business. Supervisors may grant
exceptions to this policy for specific situations
in which they deem efficiency of operations
outweighs the safety benefit.
224.10 Procedure - All department employees, while
operating or occupying a city-owned or leased
vehicle, or any other vehicle while conducting
department or official business, will wear the
safety belts provided in such vehicle.
224.11'; Civilian and other non-employee passengers,
while in.a vehicle operated by a member of the
department, shall also wear the safety belts
provided. Although the driver of the vehicle
has a responsibility under the law to ensure
compliance, for the purposes of this policy the
senior.ranking department member operating
or occupying the vehicle shall be responsible
to ensure compliance by all occupants.
224.12 Officers transporting prisoners in a department
vehicle shall ensure that the prisoner(s) being
transported is secured in the safety belt
provided, in addition to complying with other
department procedures concerning the restraint
of prisoners.
224.13 Children three (3) years of age or younger
who require special child restraint devices
should not be transported in department
TITLE: SAFETY BELTS
vehicles unless they are in a car seat. Each
district has a car seat available and there is an
additional car seat in the Criminal
Investigations Division. Children four (4)
years of age or older should be secured in
safety belts.
224.20 Safety Belt Equipment - It is. the
responsibility of each member of the
department operating a motor vehicle to
inspect the safety belt assemblies prior to
operating the vehicle. Inoperable safety belts
will be reported to a supervisor as soon as
possible.
224.21 Departmental vehicles with inoperable safety
belt assemblies will not be used if other
vehicles with properly working safety belts are
available.
224.22 Safety belt assemblies in departmental vehicles
shall not be modified or altered in any manner.
END.
1
~ i" ..
453.001
453.20
453.30
45~.40
453.001
453.002
July 27, 2000
CROSS REFERENCE:
Policy
Written Warning
Citation
Physical Arrest
Policy - The enforcement of traffic laws is a
basic responsibility of the police department.
Uniform enforcement policies and
procedures support the ultimate goal of
traffic law enforcement, which is to achieve
voluntary compliance with the laws by all
motorists and pedestrians, consequently
reducing accidents. The responsibility for
;"
enforcing traffic laws and regulations is
shared by all uniformed patrol personnel.
The role of the patrol officer is to observe,
detect, and prevent violations of traffic laws
and to take appropriate enforcement action
when violations are observed. Patrol zone
and sector officers are responsible for
responding to traffic complaints within their
zone or sectors, in addition to enforcing
violations which they may observe.
Enforcement policies cannotand should not
supplant the individual officer's discretion.
Enforcement actions should be based upon a
combination of professional judgment,
training, and experience in addition to
written policy and procedure.
All on-duty patrol officers shall take the
appropriate enforcement action for each
violation of traffic law witnessed or reported
to them. All enforcement actions shall be
accomplished in a firm, fair, impartial, and
courteous. manner using one of the following
three methods:
(1) Written Warning (" Computer
Warning II or hand written)
(2) Citation
(3) Physical Arrest
#453 TRAFFIC LAw ENFORCEMENT
453.50
453.60
453.70
453.80
453.90
453.20
453.21
453.30
1
TITLE: TRAFFIC LAW ENFORCEMENT
Traffic Enforcement Tolerance and Latitude
Special Cases
Driver License Re-Examination Referral
Off-Road Recreational Vehicles
Seat Belt and Child Restraint
The Clearwater Police Department does not
recognize traffic quotas as a traffic
enforcement incentive. The goal of traffic
enforcement activities should be the
reduction of accident and hazardous
violators. All patrol officers are held to a
standard to be proactive. in traffic
enforcement activities.
Written Warning - A Computer generated
or hand written warning is an appropriate
alternative in response to minor infractions
committed in those areas where traffic
accident experience is minimal. Written
warnings are also appropriate for those
violations which occur within the tolerances
generally allowed by the department. An
example would be speeding in excess of the
legal limit, but less than that for which a
citation would be appropriate.
Written warnings may be computer
generated or hand written as governed by
Patrol Standard Operating Procedure 458,
Citation - The traffic citation should be
issued to those violators who jeopardize the
safe and efficient flow of vehicular and
pedestrian traffic, including hazardous
moving violations, parking violations, and
operating unsafe and/or improperly equipped
vehicles. Work sheets must be completed
and attached to the citation on all accident
citations, citations requiring a mandatory
court appearance, in cases where another
officer witnessed the violation or cases with
witnesses other than the issuing officer.
453.40
-. f"': ,
Physical Arrest - Persons charged with
criminal traffic offenses should generally be
released on a citation, as opposed to being
taken into custody, unless one or more of the
following conditions exist, in which case the
violator may be taken into custody:
(1) The offense charged is D.U.!.;
(2) The violator's license is suspended
or revoked for a D.U.I. conviction,
failure to submit to chemical test for
intoxication, or as a habitual traffic
violator.
(3) The violator refuses to sign the
citation;
(4) The violator refuses or fails to
sufficiently identify himself or supply
required information; "',
(5) The violator has no community ties
to reasonably insure a court
appearance, or there is a substantial
belief that the violator will fail to
respond to the citation;
(6) There is a reasonable suspicion that
the violator is wanted in another
jurisdiction;
(7) The.violator has previously failed to
respond to a citation., Discretion
should be used when dealing with a
violator who has failed to pay a
single civil infraction penalty or for
suspension for financial
responsibility .
453.50 Traffic Enforcement Tolerance and
Latitude - Unifonn enforcement is a critical
element of an effective traffic law
enforcement program. Strict enforcement
should be impartially administered and
guidelines are provided to encourage all
officers to enforce the same laws in the same
manner.
453.51 D.U.!. -All persons for which probable
cause. exists to charge with driving while
#453 TRAFFIC LAw ENFORCEMENT
under the influence should be arrested and
charged according to the procedures of
general order 146, "D.UJ. Arrest
Procedures. "
453.511 Speed Violations - Per state statute, warnings
must be issued for speed violations up to and
including 5 miles per hour over the posted
speed limit. However, this does not preclude
an officer from stopping such a violator for
the purpose of issuing a warning due to
special circumstances which may exist (i.e.
traffic or environmental conditions, school
zones, unsecured vehicle occupants, etc.)
and justify a traffic stop. Speed violations 7
or more miles per hour over the posted limit
in.a residential neighborhoods and 10 miles
per hour or more over in non residential
areas should be stopped and warned or cited
at the discretion of the officer. When
deciding to issue citation/warnings for
speeding violations, officers should consider
the conditions listed below. These
conditions, while not all inclusive, are
designed to give some guidance. to officers
when determining what type of enforcement
action should be taken.
(1) Weather Conditions;
(2) Traffic Conditions.;.
(3) Traffic Accident Data.;.
(4) Traffic Volume Reports;
(5) Roadway Conditions.;.
(6) Citizen or Other Types of
Complaints.
453.512 Officers using radar, Laser, or VASCAR
must be certified operators by the Florida
Criminal Justice Standards and Training
Commission.
453.513 Officers using the speedometer to establish
probable cause to issue speed violation
citations must pace the violator for a
sufficient distance (minimum of 2/1Oths of a
mile) to insure an accurate speed
detennination. The cruiser speedometer
2
.. l ~ ,.
must have been calibrated within the past six
months.
453.52 Other Hazardous/Non-Hazardous Violations
- Traffic citations shall be issued based upon
probable cause, which satisfies the elements
of the specific violation. Discretion should
be used by officers in enforcing hazardous
versus non-hazardous violations. Hazardous
violations may justify a citation in many
cases while a warning may be more
appropriate for many non-hazardous
violations.
453.521 Hazardous violations. are violations that
expose a person or property to risk, loss or
damage. Examples could include running a
red light or stop sign, careless driving,
speeding violations, child restraint violations,
seat belt violations, and reckless driving.
453.522 Non-hazardous violations are violations that
are not likely to involve or expose persons or
property to risk, loss, or damage.
453.523 Equipment Violations - Officers may cite or
warn for equipment violations. inoperative
lamps, etc.). In most cases violators should
be cited under Florida Statute 316.610 which
requires the defect to be repaired and carries
a reduced fme.
453.53 Public . Carriers and Commercial Vehicles -
\ Public carriers and commercial vehicles,
"
including buses, taxis, limos, commercial
trucks, etc., are subject to various laws and
regulations not applicable to private vehicles.
Officers. should maintain a working
knowledge of these specific laws and
regulations. No special considerations
should be given to public carriers and
commercial vehicles in the enforcement of
traffic laws.
453.54 Multiple Violations - Officers should exercise
discretion when dealing with multiple
violations, generally "ticket stacking" is not
appropriate. However, officers should be
aware of the need to take proactive
enforcement action for certain secondary
citations. Citations issued for seat belt,
driver's license, and insurance violations are
3
#453 TRAFFIC LAw ENFORCEMENT
not considered excessive and do not
constitute "ticket stacking." Officers are
encouraged to take the time to issue these
"secondary" citations.
453.55 Newly Enacted Laws and Regulations-
Officers should consider issuing warnings for
violations for any newly created statute or
regulation when the violator appears unaware
of the law or regulation. Generally,
warnings should be issued during the first 30
days after the enactment of a new traffic
statute or regulation.
453.56 Suspended or Revoked Drivers License-
Current Florida law requires prior
knowledge of a suspension to constitute a
criminal charge. IT the driver has prior
knowledge (admission, prior arrest/citations
for current suspension, or the suspension was
court ordered) then the appropriate criminal
charge should be made.
453.561 Officers should consider that infonnation on
suspended or revoked driver's licenses is
obtained from automated computer files and
may be subject to entry or cancellation
errors. In circumstances where there is a
question as to the actual status of the
motorist's driving privilege, the violator
should be released on a citation. . Officers
should compare the date of the suspension to
the date of issue on the license to insure that
the suspension date is after the issue date. A
suspension date which is before the issue
date of the license may indicate that the
suspension has been cleared, but not
removed from the computer.
453.60 Special Cases - Non-residents, legislators,
and military personnel committing violations
of Florida traffic laws shall not be afforded
special consideration and shall be warned,
cited, or arrested as any other violator.
Military personnel on active duty may be
exempt from certain driver license
regulations according to Florida law.
453.61 The arrest andlor citing of foreign diplomats
and consular officials shall be in accordance
with the procedures established in general
order 105.55.
....., ;... ~
453.62 Juveniles. charged with any violation of
traffic laws except felonies are handled by
county traffic court as any other traffic case.
Juveniles charged with a felony traffic
offense will be under the jurisdiction of the
circuit court. Specific juvenile traffic
procedures are contained in general order
106, "Juvenile Procedures. "
453.10 Driver License Re-bamination Referral -
Routine enforcement, accident reporting, and
investigating activities may lead to the
discovery of drivers who have suspected
incompetence, physical or mental disability,
disease, or other conditions that might
prevent the person from exercising
reasonable and ordinary care over a motor
vehicle. A recommendation for
re-examination must be based on an
observed, obvious physical ormentaI
condition. A person I s age or lack .of
knowledge of traffic laws alone is insufficient
grounds to justify re-examination. An officer
who comes into contact with a person who
should be re-examined should:
(1)
In accident cases, mark the
appropriate block on the face of the
accident report and provide a
sufficiently detailed explanation in
the narrative citing those factors
which indicate the necessity for
re-examination.
'.
,
(2)
When a traffic citation requiring a
mandatory court appearance is
issued, the request for
re-examination should be made on
the citation work sheet, citing the
reasons for the recommendation.
(3)
In other cases (including payable
citations), the request may be made
by completing a "Reexamination
Investigation" form (HSMV 72419)
which is forwarded to the
Department of Highway Safety and
Motor Vehicles.
453.80 Off-Road Recreational Vehicles - As
off-road recreational vehicles (i.e. dirt bikes,
#453 TRAFFIC LAw ENFORCEMENT
minibikes, A.T.V.'s, go-carts, and go-peds)
have become more popular, an increasingly
large number of them are being used
unlawfully on the traffic ways. Officers
should be aware of all applicable.laws and
take the necessary enforcement action. The
following options should be considered when
dealing with off-road recreational vehicles:
(1)
Removal of unlicensed vehicles from
the traffic way;
(2)
Using the least coercive among'
reasonable alternatives when dealing
with juvenile offenders;
(3)
Preventing the misuse of public
areas, parks, and trails;
(4)
Preventing the improper use of street
and highway crossings;
(5)
Dealing attentively with citizen
complaints of excessive noise,
trespassing, andlorproperty damage.
453.90 Seat Belt and Child Restraint Violations _
Recognizing the important role seat belts and
child restraint devices play in saving lives
and reducing injuries, the Clearwater Police
Department has a preferred citation policy
for these types of violations. Further,
citations for this offense are not considered
as stacking.
453.91 Seat Belts - The current Florida seat belt
statute, is a secondary violation.. An Officer
must have stopped the violator for a
suspected violation other then the nonuse of
seat belts, to cite for this offense.
Enforcement action for the primary violation
may result in either a warning or citation at
the discretion of the officer.
453.92 Child Restraint - A violation of the Child
Restraint statute is a primary violation, thus
. an officer may stop a vehicle for the
observed violation of this statute.
END.
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