Questions and Answers
Injunction for Protection Against Dating Violence: Is an injunction to protect a victim against violence perpetrated by someone with whom the victim had a dating relationship within the past 6 months as defined in F.S. §784.046(1)(d).
True
Upon being served with a temporary (ex parte) injunction for protection against domestic violence, dating violence, repeat violence or notice of hearing, an employee shall notify his supervisor on the next work day and provide a copy of court papers.
True
The supervisor shall notify the Professional Standards Bureau and send them a copy of the temporary injunction.
True
After the court hearing, if an injunction is not issued, the employee will notify his supervisor and the Professional Standards Bureau, a copy of the dismissal may be required.
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If an injunction for protection against domestic violence, dating violence, or repeat violence is issued: The employee shall immediately notify his supervisor or shift commander and present a copy of the court ordered injunction for protection. A copy of the injunction shall be forwarded by the supervisor or shift commander to the Professional Standards Bureau and the Police Legal Advisor.
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The employee must submit a letter to his supervisor attesting to the removal of all firearms and ammunition and their location. A copy of the letter will be routed to the Professional Standards Bureau.
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Officers subject to a final injunction for protection against domestic violence may possess a firearm and ammunition only while on duty or working an approved extra-duty assignment, unless the injunction specifically provides otherwise.
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Arrangements can be made with the approval of the affected Division Commander to store the firearm and ammunition in the Division Commander’s safe. The Division Commander or designee shall check out the firearm and ammunition prior to the officer’s shift and secure same at the end of the officer’s shift.
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For safety reasons, officers will not wear the police uniform while unarmed.
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Because officers subject to a final injunction may not possess firearms or ammunition, they also may not operate a department vehicle while off duty.
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Prior to transporting a juvenile who appears to meet all Baker Act criteria, officers will make every reasonable effort to contact the juvenile’s parent or guardian. If the parent or guardian agrees to promptly take custody of the juvenile and arrange for examination and appears capable of doing so, the juvenile should be released to the parent or guardian. Exceptions require the approval of a supervisor. In any case, full reporting is required.
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Any subject needing medical clearance shall be transported to the nearest hospital emergency room. Tampa Fire Rescue, EMS or other basic life support vehicles will be used to transport voluntary Baker Act patients with medical concerns.
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Persons arrested on felony charges shall be transported to Central Booking at the Orient Road Jail. The arresting officer shall notify the Hillsborough County Crisis Center, advising of the arrest and Baker Act of the person, and that the individual is being transported to the Orient Road Jail. The examination will be conducted at the Orient Road Jail.
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Juveniles meeting Baker Act criteria will not be accepted by the Juvenile Assessment Center (JAC). The juvenile will be taken to the Children’s Crisis Center and the Criminal Report Affidavit is to be left with the Children’s Crisis Center in the event the child is Baker Acted. The Children’s Crisis Center will then contact the originating agency for transport to the J.A.C. when the evaluation is completed.
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Additionally, public and private hospitals, that maintain emergency rooms, are mandated under law to accept extremely intoxicated persons and treat that intoxication as a medical problem until such time as the danger to their health has passed.
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The RPO Act under s. 790.401, F.S., and involuntary examination s. 394.463, F.S. allows Tampa Police Department (“TPD”) to seek a Temporary Risk Protection Order (“TRPO”) and a Risk Protection Order (“RPO”) prohibiting an individual from having in his or her custody or control, or purchasing, possessing, or receiving, a firearm or ammunition for an initial period of up to 12 months and extended thereafter. RPOs are civil and heard in Mental Health Division, but violations of a RPO are criminal.
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Officers shall identify any situation in which the officer has reason to believe a person poses a significant danger of harming himself or herself or others by possessing a firearm or ammunition. Those cases shall be referred to the Legal Unit who will evaluate the case and petition the court if appropriate.
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All incidents involving the threat of mass violence, whether or not the mechanism of violence is a firearm will be referred to the Legal Unit.
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Officers who are taking custody of an individual based on involuntary examination under s. 394.463, F.S. (Baker Act), may seize and hold a firearm or any ammunition the person possesses at the time of taking him or her into custody if the person poses a potential danger to himself or herself or others and has made a credible threat of violence against another person.
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Firearms or ammunition not voluntarily surrendered or seized during an involuntary examination custodial detention, may still be seized after a RPO is obtained as provided for herein and, when necessary, a search warrant.
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Sergeants will ensure that all reports are reviewed for RPO eligibility. Reports involving a subject who may meet the RPO criteria will be routed to the “HRISK” handle for review by Legal Unit. They will ensure that the Risk Protection Affidavits are completed for appropriate cases to begin the initiation of RPO review procedures.
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The process for filing and obtaining RPOs will be handled by the Legal Unit as provided for under IDP 102.10 (Risk Protection Order Process).
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At the time of the service of the TRPO or RPO, the respondent shall immediately surrender all firearms or ammunition as required by the order. If the respondent is unable to provide them on scene the respondent is authorized to immediately turn them in to TPD District 3 at 3808 N. 22nd St.
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The Risk Protection Order Act allows officers to obtain a search warrant for a location or private dwelling even though the grounds for a search warrant under s. 933.02 or 933.18, F.S., may not exist.
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Under F.S. 713.68, a hotel, apartment house, rooming house, boarding house, or tenement house where rooms are rented on a transient basis may place a lien on all personal property including baggage, jewelry, clothes, guns, and property which is brought into or placed in any room or apartment when occupancy is on a transient basis and money is owed.
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Under F.S. 713.69, it is unlawful for any person to remove any property upon which a lien has accrued under 713.68 without first making full payment and having written consent to remove the property. It is a second-degree misdemeanor if the property removed is less than $50 and a third-degree felony if the property removed is more than $50.
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Similar to repair, towing, or storage liens, liens against personal property for unpaid transient housing services should first tried to be resolved between the parties. If the parties are unable to resolve the dispute, an officer will direct a transient tenant to the Clerk of the Court to obtain a certificate of bond for presentation to the establishment claiming a lien on the personal property for unpaid services.
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As with other liens discussed herein, if an establishment refuses to release the property, the responsible person would be liable under F.S. 713.76(3) for failing to release the or return the property, punishable as a second-degree misdemeanor.
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The term “rotation impound” will be used for vehicles that are transported to a rotation wrecker company storage lot. Rotation impounds are used for vehicles when there is no continuing law enforcement interest.
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The term “police impound” will be used for vehicles that are transported to the Police Impound Lot, 110 South 34th Street. Police impounds are vehicles for which there is a present and continuing law enforcement interest and vehicles of deceased persons when necessarily impounded for safe keeping.
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Absent compelling exigent circumstances, officers are not authorized to operate private vehicles and not authorized to leave private vehicles on private property without express permission of the property owner.
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Officers will not authorize or facilitate the parking of vehicles on private property without the express consent of the owner or manager of the property and the written consent of the vehicle owner.
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In DUI arrest cases and in all cases where the mental capacity of the vehicle owner is questionable due to alcohol or drug consumption or any other reason, the owner will be presumed to be incapable of making a legally competent decision concerning the disposition of the vehicle and all such vehicles will be impounded.
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Whenever a vehicle driver is arrested or otherwise incapacitated, if there is no reason for continuing law enforcement interest in the vehicle and the vehicle is otherwise fully in compliance with Florida Law, with the competent consent of the owner, the vehicle may be released to a licensed and legal driver who is on scene. Officers will not call or await the arrival of remote persons as an alternative to impounding the vehicle.
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No evidence shall be stored inside of any “police impound”, including vehicles, trailers and/or conveyances, unless approved in advance by the Evidence Control supervisor. If approved, it would be in exigent circumstances ONLY.
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When a vehicle must be removed from a crash scene, it is the responsibility of the driver (if available) to cause the removal (unless seized as a "police impound") F.S. §316.027, §316.061(2) and §316.063.
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If the investigating officer is not impounding the vehicle, the driver has the option of requesting a wrecker of choice (private request) or using the TPD wrecker rotation system. In these circumstances, the officer is only providing assistance in obtaining a wrecker. The impoundment, transport and disposition of the vehicle are to be negotiated between the driver and the wrecker operator.
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In crash cases where the vehicle driver/owner consents to the tow, no impound report is necessary. However, if the rotation wrecker is used, the investigating officer should ensure that the driver has a record of the name and address of the wrecker company.
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Officers are strictly prohibited from recommending the services of a particular wrecker company. If a citizen has a preference for the services of a particular company, officers will make a reasonable effort to honor the request.
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Investigating officers at crash scenes have supervisory control over wrecker operators. Officers will require wrecker operators to move damaged vehicles out of the flow of traffic and clean all crash debris from the streets as required by F.S. §316.2044(2).
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If the owner of a vehicle arrives at the scene while their vehicle is in the process of being impounded, the officer will release the vehicle to the owner unless subject to any hold or unusual circumstances dictate otherwise. If the wrecker has hooked up to the vehicle, the owner will be required to pay a negotiable fee (amounting to no more than half the standard fee), or the wrecker operator, at their option, may elect to go back on top of the rotation list and thereby waive any fee. Communications must be notified if the operator elects to remain at the top of the list.
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Officers will obtain supervisory approval prior to placing a "hold" on the Digital Impounded Vehicle Report. When supervisory approval is granted, the officer will enter the reason for the "hold" in the appropriate section. When Communications is contacted for a wrecker on a police impound, the communications technician will be advised of the type of hold(s) on the vehicle and the name of the approving supervisor. (Also see SOP 337 for "holds" placed on contraband vehicles.)
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When the commander of the concerned division determines that, due to mitigating circumstances or, that it would be in the best interest of the city, wrecker and storage fees should be waived, the commander will initiate the request for waiver (TPD 700) and route the request through the chain of command to the respective assistant chief or legal advisor for final approval.
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If a question of fees must be resolved during other than normal duty hours, the concerned shift or bureau commander will contact the appropriate division commander or, if contact cannot be made, the legal advisor.
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Officers will not impound vehicles from private property at the request of the property owner.
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