11.1-combined.pdf

SHERIFF’S POLICY MANUAL 11.1 ESCAPED PRISONERS: 11.1.1 General: The apprehension of escaped prisoners is of utmost importance and requires the coordinated efforts of many employees and BSO components. 11.1.2 Escape From Custody of Law Enforcement Deputy: A. If a...

SHERIFF’S POLICY MANUAL 11.1 ESCAPED PRISONERS: 11.1.1 General: The apprehension of escaped prisoners is of utmost importance and requires the coordinated efforts of many employees and BSO components. 11.1.2 Escape From Custody of Law Enforcement Deputy: A. If a suspect is arrested and escapes the custody of law enforcement deputies before the Department of Detention and Community Control takes custody of the prisoner, deputies will: 1. Immediately notify Communications and give them all available information (physical and clothing description, direction, method of travel, etc.) and advise them to broadcast a BOLO to affected jurisdictions. 2. Notify their shift supervisor immediately after notifying Communications. B. If a law enforcement supervisor is advised of an escaped prisoner, the supervisor will: 1. Establish and maintain a perimeter. 2. Request assistance from specialized areas (Canine, Aviation, etc.) as needed. 11.1.3 Escape From Custody of Department of Detention and Community Control or Court: A. A prisoner will be considered in the Department of Detention and Community Control's custody if the prisoner: 1. Was accepted for processing at a BSO jail facility or processed and not released from custody 2. Is being transported (on foot or by vehicle) by detention deputies 3. Is on a road crew under the supervision of detention deputies B. Prisoners must be supervised by a law enforcement, detention, or court bailiff while in court. This procedure is to prevent the possible escape of the prisoner. 11.1 07/18/2013  SHERIFF’S POLICY MANUAL C. If an escape occurs from a transportation vehicle, road crew, or courthouse, employees responsible for the escaped prisoner will immediately: 1. Notify Communications and provide them with all available information (physical and clothing description, direction or method of travel, etc.). 2. Request Communications to broadcast a BOLO to affected jurisdictions. 3. Notify the BSO jail facility director where the escapee was assigned. D. If the escape occurs from a BSO jail facility, the first employee realizing the escape occurred will notify the jail chain of command. E. When facility commanders are notified of an escape, they will: 1. Unless already notified, immediately notify and provide Communications with all available information (physical and clothing description, direction or method of travel, etc.) and request them to broadcast a BOLO to affected jurisdictions. 2. Institute maximum security procedures throughout the affected BSO jail facility if applicable. 3. Secure the escape scene. 4. Establish and maintain a perimeter. 5. Request assistance from specialized areas (Prisoner Recovery Team, Canine, Aviation, etc.) as needed. 6. Secure the escapee's personal property for the Prisoner Recovery Team. 7. Provide the Prisoner Recovery Team with photographs and known information about the escapee (relatives, friends, visitors, health problems, etc.). 11.1.4 Communications Responsibilities: A. Upon receiving notification that an escape occurred, Communications will notify: 1. The Department of Law Enforcement Executive Director or designee 11.1 07/18/2013  SHERIFF’S POLICY MANUAL 2. Aggravated Felonies supervisor 3. Department of Detention and Community Control/Master Control, if the prisoner escaped from the Department of Detention and Community Control's custody Note: Master Control will notify the Department of Detention and Community Control Executive Director and the Department Director. B. A BOLO will be broadcasted to affected agencies with subsequent updates as needed. 11.1.5 Prisoner Recovery Team: A. If the prisoner is not recaptured during the initial recovery effort, the Regional Investigations Commander will assume responsibility for the continuing recovery effort. B. The Regional Investigations Commander will monitor the initial recovery effort and activate the Prisoner Recovery Team when needed. C. The Prisoner Recovery Team will consist of the following members: 1. Regional Investigations Commander or designee - team leader 2. Aggravated Felonies supervisor - team field supervisor 3. One Aggravated Felonies Detective selected by the Aggravated Felonies supervisor 4. Two law enforcement deputies from Fugitive selected by the Regional Investigations Commander D. The Prisoner Recovery Team will be responsible for the entire recovery operation including: 1. Initiating field recovery efforts 2. Obtaining warrants, charging the prisoner with escape, and entering the data into the computer system as soon as possible 11.1 07/18/2013  SHERIFF’S POLICY MANUAL 3. Preparing an Investigative Action Report 4. Filing applicable charges against the escapee and other involved suspects E. Members of the Prisoner Recovery Team will work exclusively on prisoner recovery operations until the escapee is recaptured or the operation is terminated by the Regional Investigations Commander. F. If the Prisoner Recovery Team ceases its efforts before recapture of the escapee, the Regional Investigations Commander will assign a detective with the continuing responsibility for the escapee investigation. 11.1 07/18/2013  SHERIFF’S POLICY MANUAL 11.2 EVIDENCE AND PROPERTY: 11.2.1 General: A. When deputies seize evidence or find or confiscate property, they will complete a written report detailing the seizure. Items must be properly safeguarded and preserved for: 1. Possible submission to court 2. Return to the legal owner 3. Disposal per Florida Statutes 4. Asset forfeiture B. All non-drug evidence or property must be delivered to the Evidence Unit, sealed with the exception of larger items, i.e. bicycles, appliances, furniture, etc. All drugs (illegal and prescribed medications) and other items requiring forensic services must be delivered to the Crime Lab. All in-custody and evidentiary property must be listed on a Property Receipt and must be logged into agency records before completion of a deputy’s shift. Logging the property into a secure evidence locker shall suffice to meet this requirement. Exceptions must be approved by a supervisor. C. Evidence or property containing sharp objects must be properly labeled and handled in accordance with the procedures outlined in the Exposure Control Plan in the Sheriff’s Policy Manual and the Evidence Submission Manual. 11.2.2 Evidence: A. The Evidence Unit is located at 880 NW 5th Ave, Fort Lauderdale. Hours of operations are as follows: 1. Public Access: Tuesday, Wednesday and Thursday 8:30am - 3:30pm 2. Law Enforcement: Monday through Friday 7am - 4pm Reviewed: 07/17/2019 Revised: 11/22/2019 Rescinds: 12/06/2018 Effective: 12/07/2019 11.2 Page 1 of 10  SHERIFF’S POLICY MANUAL Note: Law Enforcement must use 840 NW 5th Ave, Ft Lauderdale to submit evidence. B. The Crime Lab is located at the Broward Courthouse, 201 SE 6 Street, Fort Lauderdale, Room 1799, and is open 8:00am - 4:00pm, Monday through Friday. C. Deputies seizing evidence or property for submission to the Evidence Unit or the Crime Lab during regular office hours will submit the items before completion of their shift. D. If the Evidence Unit and/or the Crime Lab is closed, evidence or property will be temporarily placed in secure lockers within each District/Command before completion of the deputy's shift. It will be the responsibility of each District/Command to ensure that all evidence and property has been secured in their respective Evidence/Property Room lockers or transported to the Evidence Unit and/or the Crime Lab as soon as possible. All safety precautions along with measures to preserve the items evidentiary values must be met. E. Evidence employees will be available on a call-out basis after normal duty hours for money seizures of $5000 or more and for miscellaneous call-outs, (e.g. search warrants, large or bulky items, etc.) at the discretion of the Evidence Unit supervisor. F. Consult the Department of Law Enforcement SOP or Department of Detention SOP as applicable for detailed procedures for the use of District/Command evidence lockers for the temporary storage of narcotics, money and firearms. 11.2.3 Property Receipt: In addition to completing all Property Receipt (BSO RP#54) areas, deputies seizing evidence or property will pay particular attention to: A. Listing all evidence or property (e.g., serial numbers, model numbers, brand names, etc.) B. Running property serial numbers via NCIC/FCIC and indicating the results on the Property Receipt. C. See the BSO Evidence Submission Handbook for packaging instructions. [CALEA 84.1.1C, CALEA 84.1.1 D] Reviewed: 07/17/2019 Revised: 11/22/2019 Rescinds: 12/06/2018 Effective: 12/07/2019 11.2 Page 2 of 10  SHERIFF’S POLICY MANUAL D. Evidence source (who the item was taken from and/or where collected) E. Deputy's name and CCN (who collected the property) 11.2.4 Recovery of Stolen Property: Deputies recovering property which was reported stolen will: A. Request Teletype to purge the entry from the computer. B. Request Teletype to notify the reporting jurisdiction. C. Record the name and case number of the reporting jurisdiction on the Property Receipt. D. Process the property for evidence when appropriate. E. Prepare the applicable Incident Report. F. Notify Communications/Teletype to request the initiating agency to process the property for evidence when appropriate. This will include the recovery of stolen vehicles. 11.2.5 Firearms: A. Firearms taken into custody will be itemized on a Property Receipt and checked through NCIC/FCIC. B. All firearms collected will be properly packaged in an approved firearms evidence box prior to submitting the evidence to the Crime Lab. C. Firearms will be submitted in an unloaded condition. D. Firearms that cannot be unloaded (i.e., jammed firearm) will be submitted to the Crime Scene technician if on the scene or the Crime Lab. Crime Lab will make the firearm safe and submit the firearm to the Evidence Unit. E. Employees submitting a loaded firearm will clearly write “Danger – Loaded Firearm” on the Property Receipt and any evidence container. Employees will Reviewed: 07/17/2019 Revised: 11/22/2019 Rescinds: 12/06/2018 Effective: 12/07/2019 11.2 Page 3 of 10  SHERIFF’S POLICY MANUAL also advise the Crime Lab and the Crime Scene technician that the firearm is loaded. F. When unloading revolvers, if the revolver is suspected of being used in a crime, deputies will: 1. Mark the cylinder on both sides of the frame using a black permanent marker to show which round is under the hammer. 2. Draw a diagram on the Property Receipt, numbering each chamber. 3. Identify each cartridge, chamber it was removed from, and package separately. G. When unloading semi-automatic pistols, deputies will: 1. Remove the magazine (leaving all cartridges in the magazine) and package it separately. 2. Remove the cartridge in the chamber and package it separately. 3. Leave the slide in the open position if possible. H. Ammunition and loading devices, if applicable, will be submitted in separate packages with the applicable firearm. I. All firearms taken into custody by a BSO Employee for any reason and all spent shell casings taken from a crime scene will be submitted to the BSO Crime Lab Firearms Unit for processing. The employee will submit the unloaded firearm(s), and casing(s) with a completed BSO CL-15 “Request for Services: form as follows: ‘FOR NIBIN PROCESSING/ENTRY’; in addition to any other forensic examination that may be necessary. Ammunition taken into custody by BSO personnel will be submitted to Evidence Control for storage. 1. Employees will not mark or inscribe anything on the firearm. 2. Employees will log the firearm on a Property Receipt per the Department of Law Enforcement SOP. Reviewed: 07/17/2019 Revised: 11/22/2019 Rescinds: 12/06/2018 Effective: 12/07/2019 11.2 Page 4 of 10  SHERIFF’S POLICY MANUAL 3. For temporary identification purposes, deputies may tag the firearm with their name, CCN, initials, date, or relevant data provided the firearm is not defaced or altered in any way. J. Firearms Suspected of Use in a Crime: These firearms will require a lab exam. Deputies will submit suspected firearms to the Crime Lab. When the lab analysis is completed, firearms will be picked up by the Evidence Unit for storage. K. All fired cartridge cases and projectiles where a firearm is not recovered will be submitted to the Crime Lab for examination. L. Employees taking possession of a firearm for safe keeping will: 1. Give a Procedure for Return of Firearms form (BSO RP#24) and copy of the Property Receipt to the firearm's owner or custodian when appropriate and when practical. 2. Explain to the owner or custodian that they may be required to secure a court order prior to the firearm being returned by requesting a demand for hearing packet from the Clerk of the Court. Note: A firearm may be returned to the lawful owner when it is not required for investigation or prosecution via the Evidence Unit, only when the return of the property is in accordance with applicable policies, procedures, and laws and approved by Office of the General Counsel. M. Employees may refer the firearm's owner or custodian to the Evidence Unit for additional information on the firearm's return. N. The Evidence Unit will contact the Office of the General Counsel for a written determination if an owner or custodian seeks the return of the firearm without a signed court order. O. Firearms will be submitted to the Evidence Unit in an unloaded condition. Deputies who are unable to safely unload the firearm (i.e., firearm malfunction, unfamiliarity, etc.) will deliver the firearm to Crime Lab. Any firearms left loaded will be properly marked or labeled “Loaded Firearm”. Reviewed: 07/17/2019 Revised: 11/22/2019 Rescinds: 12/06/2018 Effective: 12/07/2019 11.2 Page 5 of 10  SHERIFF’S POLICY MANUAL P. If the firearm is part of a crime scene to be processed by a Crime Scene technician, the firearm will be preserved, undisturbed as evidence. If the firearm must be moved due to emergency circumstances before the technician’s arrival, it will be carefully secured in a BSO vehicle at the scene. The technician will assume custody of the firearm in a way consistent with the collection of evidence. Q. If a Crime Scene technician is not needed, deputies will take standard precautions to preserve the firearm's evidentiary value and safety of deputies and the public. Deputies will be responsible for delivering the firearm to the Crime Lab. 11.2.6 Drugs/Narcotics: A. Suspected drugs, controlled substances, and other evidence or property items requiring forensic services will be submitted to the Crime Lab. B. When the Crime Lab is open, drugs and other items requiring the services of forensic analysts will be submitted to the Crime Lab before completion of the deputy's shift. C. When the Crime Lab is closed: Drugs may be temporarily placed in secured lockers within each District/Command or in secure evidence lockers at the Court Services District Office located at 201 SE 6th Street, Fort Lauderdale before completion of the deputy's shift. D. Evidence or property submitted to the Crime Lab or placed in secure lockers will be placed in sealed containers with the submitting employee's signature or initials across the seal. 11.2.7 Money: A. Money up to and including $500 will be counted by the seizing deputy in the presence of another deputy, who will co-sign the receipt. B. Money over $500 will be counted by the seizing deputy in the presence of a supervisor, who will co-sign the receipt. C. Money will be counted by Evidence Unit employees in the presence of the submitting employee. Reviewed: 07/17/2019 Revised: 11/22/2019 Rescinds: 12/06/2018 Effective: 12/07/2019 11.2 Page 6 of 10  SHERIFF’S POLICY MANUAL D. It will not be required to record the serial numbers of confiscated currency. 11.2.8 Evidence Collection: A. Property Security and Receipts: 1. Evidence and property collected will be listed on a Property Receipt. 2. Firearms, money, and drugs will be secured in secure lockers within the District/Command until the property is given to: a. Crime Scene technician. b. Evidence technician. c. Crime Lab evidence intake. d. Court Services located at 201 SE 6th Street, for narcotics and controlled substances only. 3. Knives collected will be properly packaged in an approved knife evidence box prior to submitting the evidence to the Crime Lab or the Evidence Unit. 4. Separate Property Receipts will be used if the evidence or property involving the same case number must be sent to different locations (i.e., firearms to the Crime Lab and wallets to the Evidence Unit). 5. Property with serial numbers will be checked by impounding employees via NCIC/FCIC. Results will be indicated on the Property Receipt. If an item is reported stolen, the jurisdiction and case number will be indicated. Ensure proper notification is made and purge the information from the system. 6. Except as provided in the Department of Law Enforcement SOP, evidence and property will be turned into the Evidence Unit or placed in secure evidence lockers before the end of the deputy's shift. Exceptions must be approved by a supervisor. Reviewed: 07/17/2019 Revised: 11/22/2019 Rescinds: 12/06/2018 Effective: 12/07/2019 11.2 Page 7 of 10  SHERIFF’S POLICY MANUAL 7. If evidence and property are submitted to an authorized district evidence locker or Evidence Custodian, the white, original Property Receipt must accompany the item. B. Reporting Lost or Abandoned Property: 1. Employees responding to found property calls will ask reportees if they want to make a claim for the property if the owner is not located. 2. Employees will complete a Notice of Claim/Declination form (BSO A#24) available in Central Supply. Original forms will be attached to the Incident Report with one copy given to the reportee and one copy attached to the Property Receipt. 3. Reportees will be advised to read the form's instructions. If the reportee does not make a claim for the property, the Incident Report will show that decision. 11.2.9 Property of Deceased Person: Deputies taking custody of a deceased person's property for safe keeping will submit the property to the Evidence Unit the same way as other evidence or property. 11.2.10 Evidence/Property Disposition: Evidence or property will be secured and maintained by Evidence until released by one of the following ways: A. If evidence is delivered to the custody of the court, the following will apply: 1. Deputies transporting evidence to court will sign it out from the Evidence Unit (printed name, signature, and CCN). The Evidence Unit will provide a Property Withdrawal Receipt to accompany the property to court. 2. If property is accepted into evidence by the court, submitting deputies will obtain the applicable signature on the Property Withdrawal Receipt and return the receipt to the Evidence Unit. 3. Property not entered into evidence by the court will be returned to the Evidence Unit by the deputy. Reviewed: 07/17/2019 Revised: 11/22/2019 Rescinds: 12/06/2018 Effective: 12/07/2019 11.2 Page 8 of 10  SHERIFF’S POLICY MANUAL B. Evidence or Property Returned to Lawful Owner: 1. Evidence or property (except firearms) which is not illegal contraband may be returned to the lawful owner when it is not required for investigation, forfeiture or prosecution via the Evidence Unit, only when the return of the property is in accordance with applicable policies, procedures, and laws. 2. Employees taking possession of a firearm will explain to the owner or custodian that they may be required to secure a court order prior to the firearm being returned by requesting a demand for hearing packet from the Clerk of the Court. 3. A firearm may be returned to the lawful owner when it is not required for investigation or prosecution via the Evidence Unit, only when the return of the property is in accordance with applicable policies, procedures, and laws and approved by Office of the General Counsel. 4. Owners requesting their property will be informed to contact the Evidence Unit. C. Evidence or Property Returned to All Others from the Evidence Unit: If evidence/property is delivered to the custody of another person for any other reason, the deputy will properly document the return of the property and obtain the recipient’s signature and printed name on the Property Withdrawal Receipt and return the receipt to the Evidence Unit. D. Evidence or Property Returned to All Others on scene: If evidence/property is delivered to the custody of another person while on a crime scene for any other reason, the deputy will properly document the return of the property and obtain the recipient’s signature and printed name on the Property Receipt (BSO RP#54). The original property receipt will be submitted with the Incident Report. E. Property Disposed of Per Florida Statutes: Contraband or unclaimed property will be disposed of per Florida Statutes. F. The disposition of property will be specified in the court order, if applicable. G. Property not released will be returned to the Evidence Unit by the deputy. Reviewed: 07/17/2019 Revised: 11/22/2019 Rescinds: 12/06/2018 Effective: 12/07/2019 11.2 Page 9 of 10  SHERIFF’S POLICY MANUAL 11.2.11 Damage to or Loss of Evidence/Property: Persons claiming damage to or loss of evidence/property as a result of BSO action will be referred to Internal Affairs. Reviewed: 07/17/2019 Revised: 11/22/2019 Rescinds: 12/06/2018 Effective: 12/07/2019 11.2 Page 10 of 10  SHERIFF’S POLICY MANUAL 11.3 CONFISCATIONS/FORFEITURES: 11.3.1 General: Florida Statutes authorize BSO to seize and forfeit any vessel, motor vehicle, aircraft, money, personal or real property, or contraband article used, intended or attempted for use, or acquired with proceeds in violation of the Florida Contraband Forfeiture Act (Forfeiture Act). It is BSO's policy to use forfeiture provisions to prevent the continued use of contraband items for criminal purposes and protect proprietary interests of the innocent owner or lien holder. 11.3.2 Procedure: The following provides the conditions and procedures for seizing, maintaining, and forfeiting items pursuant to the Forfeiture Act: A. Personal Property: 1. Personal property includes, but is not limited to: a. Vessels, vehicles, and aircraft b. Books, records, and research c. Negotiable instruments, securities, and money d. Tools, machines, and equipment e. Items, devices, objects, and substances f. Weapons 2. BSO may seize personal property for forfeiture if there is probable cause to believe the property was: a. Used, attempted, or intended to be used to transport, carry, convey, purchase, sell, barter, conceal, possess, receive, exchange, or give away any contraband article b. Used or attempted to be used as an instrumentality in the commission of or in the aiding or abetting in the commission of any felony or violation of the Forfeiture Act c. Acquired by proceeds obtained as a result of a violation of the Forfeiture Act or a felony 11.3 10/01/2008  SHERIFF’S POLICY MANUAL 3. Personal property may be seized at the time of the violation or subsequent to the violation with a warrant or other prior judicial approval. 4. If property is seized, a completed Confiscation Report Form (BSO OCD#6) must be sent to the Office of the General Counsel' confiscation coordinator within 24 hours of the seizure. 5. The confiscations coordinator will: a. Make a diligent effort to identify all persons claiming interest in the seized property. b. Notify all claimants within five working days of the seizure that there is a right to an adversarial preliminary hearing after seizure to decide if probable cause exists. 6. All documents relating to the seizure must be sent to Office of the General Counsel within three days of the seizure. Documents include: a. Reports, supplements, tow sheets, and Property Receipts b. Applications for search warrants and search warrants c. Statements and other information 7. Office of the General Counsel will review all documents and decide whether to proceed with the forfeiture. Notification of forfeiture decisions will be sent to: a. Seizing deputy b. Department of Law Enforcement Executive Director c. Confiscations coordinator d. Evidence or Confiscation Warehouse e. State Attorney if the decision is to proceed with the forfeiture 11.3 10/01/2008  SHERIFF’S POLICY MANUAL 8. Office of the General Counsel will advise the seizing deputy to release the forfeiture hold if they decide not to proceed with the forfeiture. 9. If Office of the General Counsel does not proceed with the forfeiture based on an innocent owner or lien holder consideration, the innocent owner or lien holder will be notified of the decision. 10. Property excluding vehicles, vessels, and airplanes will be turned into Evidence with "Forfeiture Hold" noted on the Property Receipt. 11. Money will be turned into Evidence within 24 hours of the seizure or Monday if the seizure was made on a weekend. 12. Vehicles will be towed by a towing service authorized by the Sheriff or designee. 13. The seizing deputy will place a forfeiture hold on vehicles at the time of towing. 14. If a decision is made to proceed with the forfeiture of a vehicle, the confiscation coordinator will notify the Confiscation Warehouse that the vehicle must be moved from the tow yard to the Confiscation Warehouse. 15. Seized property that cannot be stored at Evidence, Confiscation Warehouse, or by an authorized towing service will be stored as instructed by Office of the General Counsel. 16. The confiscations coordinator will contact the Division of Motor Vehicles or Department of Natural Resources as applicable, to confirm formal title holds on seized property. 17. BSO will not use any seized property until the right, interest, and title is perfected pursuant to law, except for needed maintenance operations. 18. Reasonable attempts will be made to maintain property in the time-of- seizure condition. 19. If seized property requires special maintenance, BSO will ensure maintenance is given within a reasonable time after seizure and continues until forfeiture action ends. 11.3 10/01/2008  SHERIFF’S POLICY MANUAL B. Real Property: 1. Real property includes any right, title, leasehold, or other interest which was: a. Used or attempted to be used as an instrumentality in the commission of any felony b. Used or attempted to be used as an instrumentality in aiding or abetting in the commission of any felony, or c. Obtained with proceeds acquired as a result of a violation of the act 2. Real property which constitutes the homestead of the owner may not be forfeited. 3. Subsequent to a forfeiture act violation, real property may only be restrained by lis pendens (a notice of pending suit). 4. A preseizure adversarial hearing will be held: a. With all persons entitled to notice having the opportunity to attend b. Within 10 days of the filing of the lis pendens or as soon as practicable C. Equitable Sharing: 1. BSO participates in the Federal Equitable Sharing Program and will follow the guidelines set forth by the US Department of Justice and Department of Treasury. 2. Information on equitable sharing with other agencies (whether state, local, or federal) will be directed to the confiscations coordinator. 3. The confiscations coordinator will process all equitable sharing requests and forms including federal DAG forms. D. Forfeiture Proceedings Conclusions: 11.3 10/01/2008  SHERIFF’S POLICY MANUAL 1. All cash proceeds from forfeited property will be directed to the Finance Director, who will promptly deposit the funds in the appropriate Law Enforcement Trust Fund. 2. Properties other than cash will be distributed to the Evidence Director. 3. If a claimant prevails in the judicial process, seized property will immediately be given to the lawful owner. No fees for towing, storage, administrative, or maintenance costs will be assessed against the claimant unless by court order. 4. In all other circumstances, if a seized vessel, aircraft, vehicle, or other item is released to a lawful owner, there may be assessed against the owner actual costs of towing, storage, and maintenance of seized property. Absent a settlement, administrative costs reflecting actual expenses will not be assessed. E. With respect to federal forfeitures, any currency, personal property, or real estate intended to be seized pursuant to federal forfeiture law must first be cleared through the Countywide Operations Director. F. Questions on the Forfeiture Act will be directed to Office of the General Counsel. 11.3 10/01/2008  SHERIFF’S POLICY MANUAL 11.4 EXPOSURE CONTROL PLAN: The Exposure Control Plan is written pursuant to relevant federal and state law, and Florida Administrative Code. A documented annual review of the Exposure Control Plan will be conducted by the Department of Fire Rescue. A. General: Employees must be alert to the possibility that in the course of their duties they may be exposed to persons with contagious or communicable diseases. Since exposure can occur by many ways, employees must take all reasonable steps to prevent contamination to include using personal protective equipment and following universal health precaution philosophy. If exposure occurs, employees will follow the “Exposure Incident Procedure” outlined in this chapter. B. Information and Training: All Department of Law Enforcement, Department of Detention, and Department of Fire Rescue and Emergency Services employees have some potential for exposure to various types of pathogens. Therefore, all employees will receive annual training on exposure control. [FCAC 8.03, CFA 29.02I] 1. Employees will be given adequate training and information, including: a. General explanations on methods of transmission, symptoms, epidemiology, and warning signals relating to possible exposure. b. Procedures to follow if exposure occurs. c. Appropriate methods for identifying tasks that may involve exposure to blood or potentially infectious materials. d. Use and limitations of practices to reduce exposure. e. Engineering controls, work practices, and personal protective equipment. f. Use, location, and decontamination or disposal of personal protective equipment and clothing. g. What to do in an emergency. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 1 of 20  SHERIFF’S POLICY MANUAL 2. Training will be given for all employees at the time of new hire orientation. 3. Retraining for all employees will be provided by ICJS and will be available on a continuous basis as needed. 4. Training sessions will: a. Be comprehensive. b. Include information on blood borne pathogens and applicable OSHA regulations. c. Include information on the BSO Exposure Control Plan. 5. Instructors conducting training must: a. Be knowledgeable on the subject matter relating to the attending class's job functions. b. Give an opportunity for a question-and-answer period for each class. c. Use materials, appropriate in content and vocabulary with the educational level, literacy, and language of the class. 6. Training classes will include at least the following elements: a. Accessible copy and explanation of regulatory text along with procedures on incidents involving potentially infectious materials and biohazardous waste disposal. b. Explanation of Exposure Control Plan and how to obtain a copy. c. General explanation of epidemiology, modes of transmission, and symptoms of blood borne diseases. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 2 of 20  SHERIFF’S POLICY MANUAL d. Explanation of the use and limitations of methods preventing and reducing exposure including work practices, engineering controls, and personal protective equipment. e. Information on the hepatitis B vaccination program, BSO policy, and availability at no cost to employees. f. Explanation of procedures to follow at any incident involving blood or other potentially infectious materials. g. Explanation of procedures to follow if exposure occurs including method of reporting and available medical follow up. h. Explanation of information on warning signs, labels, and color coding. i. Familiarization with BSO's biohazardous waste disposal procedure. j. Training classes must allow employees a chance to ask questions and receive answers from instructors. k. Explanation on how to recognize events that may involve exposure to blood or other potentially infectious materials l. Explanation of the basis for selecting personal protective equipment including information on types, selection, proper use, location, removal, handling, decontamination, and disposal of personal protective equipment m. Information on post-exposure evaluation and follow up required if exposure occurs. n. Information on emergencies relating to blood or potentially infectious materials, follow-up procedures, and medical counseling. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 3 of 20  SHERIFF’S POLICY MANUAL 7. Employees receiving blood borne pathogens training will only require training on provisions of the standard not included during the earlier training. 8. Training Records: a. The Institute for Criminal Justice Studies (ICJS) will establish and maintain training records for all employees. Records must include the following: i. Training dates. ii. Contents and summary of training sessions. iii. Instructors' names and qualifications. iv. Trainees' names and job titles. b. Training records will be made available upon request. c. All employee training records will be kept accurate and maintained for at least three years or in accordance with General Schedule for State Government Agencies (GSI-S), whichever is longer. 9. Employee Benefits will provide a handbook to each district/division, accessible to all employees containing the following information: a. OSHA Guidelines. b. Exposure Control Plan. c, Listing of relevant job descriptions and job duties. d. Decontamination procedures. C. Definitions: Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 4 of 20  SHERIFF’S POLICY MANUAL 1. Affected Employees: On-duty employees coming in contact (directly or indirectly) with body fluids, respiratory droplets, or intermediate carriers. 2. Source Patient: Patient from which bodily fluids originated. 3. Body Fluids: Fluids secreted by the body including, but not limited to blood, semen, saliva, urine, and feces. 4. Decontamination: A physical or chemical means to remove, inactivate, or destroy blood borne pathogens on a surface or item to the point where it no longer is able to transmit infectious particles and the surface or item is rendered safe for handling, use, or disposal. 5. Deputy: For this policy's purpose, "Deputy" refers to law enforcement or detention deputy sheriffs only. 6. Direct Exposure: The direct contact with body fluids on open cuts, breaks in skin, or mucous membranes such as the mouth or eyes. 7. Exposure Incident: Specific eye, mouth, other mucous membrane, non-intact skin, or puncture contact with blood or other potentially infectious materials resulting from the performance of an employee's duties. 8. Fresh Bleach Solution: Used for disinfection purposes. The solution is made of one-part fresh bleach to 10 parts water. When mixed, the solution is good for 24 hours or less. 9. Infectious Disease: A disease identified in the Florida Health and Safety Code as communicable and/or reportable including, but not limited to HBV and HIV/AIDS. 10. Manual Breathing Device (Pocket Mask or Bag Mask Resuscitator): A device with a one-way valve used to administer cardio-pulmonary resuscitation (CPR). 11. Mechanical Device: A tool used to remove contaminated sharps such as tongs, brush and dustpan, forceps, etc. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 5 of 20  SHERIFF’S POLICY MANUAL 12. Occupational Exposure: A reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials which may result from the performance of an employee's duties. 13. Personal Protective Equipment: Equipment used to protect employees from exposure to communicable or infectious diseases. 14. Sharps: Items that can puncture the skin such as glass, needles, knives, etc. D. Infectious (Communicable) Disease Control Policy: BSO recognizes the need for specific safety precautions for the prevention of infectious diseases. This policy's purpose will be to provide employees with needed information to increase their on-the-job safety. Employees will adhere to universal precautions' philosophy and the following procedure if there is the possibility they will be exposed to or handle body fluids: 1. Law enforcement deputies will keep a complete infectious disease kit in their vehicles. Replacements will be kept at the district/division. Fire rescue will maintain infectious disease supplies as specified in their bargaining unit agreement and/or fire rescue SOP. If districts/divisions run low of infectious disease kits, they will reorder via Central Supply. 2. Eating, drinking, smoking, applying cosmetics or lip balm, and handling contact lenses will be prohibited in work areas where there is a reasonable likelihood of exposure. 3. For protection from indirect exposure to an infectious disease, employees will: a. Observe if a person is coughing heavily, wheezing, and/or expelling lung secretions. b. Ask if the person has any known history of infectious disease. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 6 of 20  SHERIFF’S POLICY MANUAL c. Be aware of indirect methods of possible exposure to infectious diseases. d. If possible, keep at a distance or at the discretion of the employee, wear a disposable eye, nose, and/or mouth shield. 4. Eye/Nose/Mouth Shield: A disposable eye, nose, and/or mouth shield will be worn if splashes, spray, spatter, blood droplets, or other potentially infectious materials may be generated and/or eye, nose, or mouth contamination can be reasonably anticipated. Instructions for proper wearing of shields will be as follows: a. Place each elastic band over the applicable ear. If a tie-type shield will be used, tie the center string around the head. b. Hold the shield's nose piece with one hand and pull the bottom of shield over the chin. If a tie-type shield is used, tie the lower string around the neck. c. Reach up gently under the eye shield and conform the nose bridge to the nose shape. This is important to minimize breath flow upward to assist in anti-fogging in hot or cold conditions. d. Used shields will be disposed of using the BSO-issued red Dangerous Infectious Waste bag and disposed of at an authorized facility. 5. On-duty employees having open cuts or breaks in the skin on exposed extremities should: a. Cover wounds with a protective bandage to keep the wound dry. b. Rebandage wounds as soon as possible if the protective covering gets wet or soiled. 6. Items contaminated or possibly contaminated with body fluids will be treated with extreme caution and assumed infectious. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 7 of 20  SHERIFF’S POLICY MANUAL 7. Disposable Gloves: a. Employees will wear disposable gloves if they are or can anticipate handling persons, equipment, or materials contaminated with blood or other body fluids, as is practical. Disposable gloves will only be worn once and should be changed between exposure risks. b. On-duty employees in positions where they may be exposed to or come in contact with body fluids will have gloves on their person and available to them at their work place. c. Employees will examine gloves for tears or holes before use. Employees will not use torn gloves. If any visible tears or holes are found, gloves will be immediately discarded and replaced. d. If a tear or hole in a glove should occur while a glove is worn, the glove will be immediately removed following the procedures in outlined in this section. Hands will be washed as indicated in this section. e. Used gloves will be removed starting at the wrist, pulling from the inside out (avoiding contact with the mouth). Gloves that are used, torn, or punctured will be disposed of using the BSO-issued red Dangerous Infectious Waste bag and disposed of at an authorized facility. Hands will be washed as indicated in this section. This minimizes the possibility of contaminated fluids in contact with the skin. 8. Employees coming in contact with blood or other body fluids, whether wearing gloves or not, as soon as possible will use an alcohol-based antimicrobial towelette or chemical cleanser for initial cleansing of their hands if water is not readily available. As soon as possible, they will wash their hands with warm water and soap for at least 30 seconds, rinsing their hands with lots of warm water. Each district/division will have a hand washing facility made accessible to employees. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 8 of 20  SHERIFF’S POLICY MANUAL 9. If employees' clothing gets contaminated with blood or body fluids, employees will: a. Remove their clothing as soon as practical. b. Place contaminated clothing in a Biohazardous red bag until properly decontaminated. c. Soak clothing in cold water to dissolve blood. After soaking, wash clothes with hot soapy water in a washing machine, separate from other washable items. d. Shower as soon as practical. Note: Employees should have an extra set of clothing at work. 10. If items or equipment get contaminated with blood or body fluids, employees will follow the decontamination procedures for cleaning equipment. If a spill consisting of blood or body fluids occurs, the following cleanup procedure will be used: a. Pour directly in the spill a fresh bleach solution or BSO- issued disinfectant and mop up the spill. b. Never pour undiluted household bleach on any spill. c. Clean all mops in a fresh bleach solution or BSO-issued disinfectant after each use. 11. Contaminated needles or other contaminated sharps will not be recapped or removed unless there is no other feasible choice. If recapping or needle removal must be accomplished, employees will use a mechanical device (gripping tool or tongs). If sharps require removal, sharps will: a. Immediately or as soon as possible be placed in a BSO- issued puncture resistant container. The container must: i. Be leak proof on the sides and bottom for proper disposal or evidence purposes. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 9 of 20  SHERIFF’S POLICY MANUAL ii. Be properly labeled with a fluorescent orange/orange- red biohazard symbol and lettering. iii. Remain upright during use. Note: When moving used containers from an area of use, close the container immediately before removal or replacement to prevent spillage or protrusion of contents during handling, storage, transport, or shipping. b. Never be bent, broken, or tampered with by employees. Note: If outside contamination of the container occurs, the primary container will be placed in a red Dangerous Infectious Waste disease bag to prevent leakage during handling, processing, storage, transport, or shipping and labeled as containing sharps and biohazardous waste. 12. Broken glassware which may be contaminated will not be picked up with the hands. It will be picked up using a mechanical device (brush and dustpan, tongs, or forceps). 13. Reusable sharps contaminated with blood or potentially infectious materials will not be stored or processed in a way requiring employees to reach by hand into the containers where these sharps were placed. 14. All contaminated materials, except needles and sharp objects, will be disposed of using a BSO-issued red Dangerous Infectious Waste bag and disposed of at an authorized facility. 15. Deputies will carry on their person or have in their immediate access a manual breathing device for administering CPR. After each use, deputies will follow the manufacturer's instructions for disposal or cleaning. 16. While conducting searches, deputies should be extremely careful to reduce the chance of being stuck by hidden sharp objects. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 10 of 20  SHERIFF’S POLICY MANUAL 17. Deputies doing property searches will never put their hands directly in an arrested person's possessions (purses, bags, suitcases, etc.). Instead, they will empty out the contents of the possessions before searching. 18. While doing any type of post arrest search of a person, deputies will: a. First visually inspect persons to be searched for noticeable bumps in their clothing that would indicate hidden objects. b. Avoid using rapid sweeping movements with their hands, down the person's arms, legs, and torso. c. Assume all pockets contain contaminated items; therefore, very carefully, turn the person's pockets inside out. d. Carefully pat areas instead of using groping search techniques to reduce the chance of being stuck by hidden sharp objects. 19. While conducting cell searches, deputies will use: a. Extreme care by not putting their hands in areas they cannot visually inspect. b. Flashlights and mirrors to assist in visual inspections if possible. c. Extreme care in handling bedding or clothing by gently shaking them instead of patting or groping. This reduces the chance of being stuck by hidden sharp objects. d. Gloves. 20. While conducting strip searches, deputies will exercise extreme caution to reduce the potential for being stuck by hidden sharp objects in clothing. Clothing should be removed from a person before the search. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 11 of 20  SHERIFF’S POLICY MANUAL 21. Extraordinary Circumstances: a. Employees will use appropriate personal protective equipment unless they temporarily and briefly decline to use the equipment due to extraordinary circumstances. b. Extraordinary circumstances will be when in the employee's professional judgment; a specific instance would prevent the use of personal protective equipment, prevent delivery of public safety services, or pose increased hazards to the employee's safety or a co-worker. c. If employees make this judgment, the circumstances will be documented on the BSO AP#24 Workers' Compensation form and Exposure Incident Report and given to their supervisor. Supervisors will thoroughly investigate the incident and decide if changes can be made to prevent future occurrences. d. The supervisor's report will be sent to Employee Benefits to decide if a policy change should be made. 22. Warning labels are fluorescent orange or an orange red color with a biohazardous symbol and lettering. Biohazard infectious labels will be affixed to: a. Containers of regulated waste. b. Refrigerators and freezers containing blood and other potentially infectious material. c. Other containers used to transport, ship, or store blood or other potentially infectious materials. 23. Food and drinks will not be kept in refrigerators, freezers, shelves, cabinets, counter tops, or bench tops where blood or other potentially infectious materials are present. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 12 of 20  SHERIFF’S POLICY MANUAL 24. Individual containers of blood or potentially infectious materials placed in labeled containers during storage, transport, or shipment for disposal will be exempt from labeling requirements. E. Exposure Incident Procedure: 1. When employees are the victim of an exposure Incident (i.e., exposure to blood or bodily fluids of another person), they will: a. Obtain first-aid immediately/clean exposed area. b. Notify their immediate supervisor at the earliest possible opportunity following the exposure incident. c. Determine the level of exposure. 2. Determining Level of Exposure: The employee and employee's immediate supervisor will determine the level of exposure significant as "Significant" or "Not Significant" as follows: a. Significant exposure means any one of the following: i. Exposure of employee to blood or bodily fluids through needle stick, instruments, or sharps. ii. Exposure of employee's mucous membranes to visible blood or bodily fluids including without limitations the following body fluids: (1) Blood. (2) Semen. (3) Vaginal secretions. (4) Cerebro-spinal fluid (CSF). (5) Synovial fluid. (6) Pleural fluid. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 13 of 20  SHERIFF’S POLICY MANUAL (7) Peritoneal fluid. (8) Pericardial fluid. (9) Amniotic fluid. (10) Laboratory specimens containing HIV (e.g., suspensions of concentrated virus). iii. Exposure of the employee's skin to visible blood or bodily fluids, especially when exposed skin is chapped, abraded, or afflicted with dermatitis or contact is prolonged or involving an extensive area. b. Not Significant Exposure: An exposure that does not meet the definition of "Significant Exposure" as stated in this section. c. If it is unclear whether a significant exposure has occurred or if there is any disagreement between the exposed employee and employee's supervisor as to whether an exposure is or significant, the exposure will be treated as though it is a significant exposure. 3. Procedure When Exposure is Not Significant: a. The employee will complete a First Notice of Injury form and Exposure Incident Report within 24 hours of the exposure incident. b. The supervisor will provide the original First Notice of Injury form and Exposure Incident Report to Human Resources immediately upon completion. c. At employee's option, the employee may request screening for infectious diseases at the employee's personal health care provider. 4. Procedure When Exposure is Significant: Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 14 of 20  SHERIFF’S POLICY MANUAL a. When an employee has suffered a significant exposure, the employee must undergo screening for infectious diseases as directed by the Workers' Compensation provider as follows: i. Screening must be obtained within one hour of exposure. ii. A supervisor must accompany the employee to the screening location and ensure that infectious disease screening is conducted. b. The employee's immediate supervisor must notify the employee's Workers' Compensation provider immediately along with: i. The employee will complete a First Notice of Injury form and Exposure Incident Report within 24 hours of the exposure incident. ii. The supervisor will provide the original First Notice of Injury form and Exposure Incident Report to Human Resources immediately upon completion. c. The employee must complete follow-up care with an infectious disease specialist as required by the initial treating physician. The Workers' Compensation carrier will ensure follow up care management. 4. Source Screening: a. Voluntary Screening: Regardless of whether an exposure is significant or not significant, the employee suffering the exposure may request the source voluntarily submit to screening for infectious disease as follows: i. If the source is on scene where the exposure incident occurred, the employee's immediate supervisor will make contact with the source to request the source voluntarily submit to infectious disease screening. The Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 15 of 20  SHERIFF’S POLICY MANUAL supervisor will inform the source that there will be no charge to the source for the screening. ii. If the source consents to screening, a signed “Release of Information” will be obtained from the current jail medical vendor if in custody, or from the hospital where the screening is going to be conducted if out of custody. This form authorizes the screening to be conducted and the results of the screening to be released to the exposed employee and BSO. Upon obtaining a signed “Release of Information” form, the source will be screened for infectious diseases. iii. The exposed employee and the source patient should be evaluated at the same facility, if possible. This will expedite infectious disease screening, communication of results and care of the exposed employee. b. Compelled Screening: Source screening for infectious disease may be compelled by court order only when all of the following are present: i. There was a significant exposure found by a physician licensed under FS Chapters 458 or 459. ii. The employee was exposed during the course and scope of employment. iii. The source will not submit to screening voluntarily or cannot physically indicate whether the source would submit to screening voluntarily and the employee is either a: (1) Law enforcement officer. (2) Corrections officer. (3) Firefighter. (4) Ambulance driver, paramedic, or EMT. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 16 of 20  SHERIFF’S POLICY MANUAL c. Procedure for Compelled Source Screening: i. The employee's immediate supervisor will contact Office of the General Counsel to request compelled screening of the source when all the criteria are met and provide all of the following information: (1) Event Report of incident or other narrative document describing in detail how the exposure occurred. (2) Documentation indicating that the source refused to voluntarily submit to screening, or the source could not physically indicate whether the source would submit to screening. (3) Physician's affidavit attesting to the fact that a significant exposure occurred. (4) Current address where the source is residing if known. (5) Identity of medical provider that will conduct the source screening. ii. If the source is in custody, the screening will be conducted by the jail's medical provider. iii. If source is out of custody, the screening will be conducted by the nearest public hospital to the source's residence. iv. Office of the General Counsel will prepare the appropriate motion and seek a court order to compel screening. v. When a court order is obtained, Office of the General Counsel will provide a copy of the order as follows: (1) If the source is in custody, Office of the General Counsel will forward a copy of the Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 17 of 20  SHERIFF’S POLICY MANUAL order to the Department of Detention's health services administrator to coordinate with the jail's medical provider to conduct screening of the source. (2) If the source is out of custody, Office of the General Counsel will provide a copy of the order to the medical provider conducting the screening. (3) The provider performing the testing will disclose the test results in accordance with the court's order and provide any statutorily required counseling for the employee. 6. Employees with access to exposure incidents and records will maintain the confidentiality of the information, unless consent is obtained from the affected employee, resident, or as required by law or court order. F. Hepatitis B Vaccination, Post-Exposure Evaluation, and Follow up: 1. All employees will receive initial training during their new hire orientation. Employees will be informed that the Hepatitis B vaccination is a BSO paid benefit. 2. Hepatitis B Vaccination: a. Employee Benefits will, free of charge and within 10 working days after completion of the initial training class, offer the Hepatitis B vaccination series at a reasonable time and place to each attending employee unless: i. Employee already received a completed Hepatitis B vaccination series. ii. Antibody testing reveals the employee is immune. iii. Medical reasons prevent the employee from receiving the vaccination. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 18 of 20  SHERIFF’S POLICY MANUAL b. BSO will not make participation in a pre-screening program a prerequisite for receiving Hepatitis B vaccinations. c. Employees choosing not to accept vaccinations must (by law) sign a Declination Statement by checking ”Refuse” on the BSO A#154 Employee Record of Hepatitis “B” Vaccination Form. The statement can only be signed by the employee after receiving applicable training. Note, the statement is not a waiver; employees can request and receive a vaccination at a later date. d. If an employee initially declines a vaccination, but at a later date, decides to accept the vaccination, Employee Benefits will notify the employee of the next scheduled vaccination date. e. Vaccinations will be provided by or under the supervision of a licensed physician or licensed healthcare professional. d. Employee Benefits will notify applicable employees if a routine vaccine booster is recommended by the US Public Health Service. Boosters will be offered at no cost to the employee. G. Record Keeping (Medical Records): There are two types of employee- related records required by the Exposure Control Plan; medical and training. The following pertains to maintenance of these records: 1. Medical Records: a. Employee Benefits will maintain all employees’ relevant medical records to include: i. Names and Social Security numbers of affected employees. ii. Copy of affected employees' hepatitis B vaccination status including dates of all hepatitis B vaccinations and medical records relative to their ability to receive vaccinations. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 19 of 20  SHERIFF’S POLICY MANUAL iii. Copy of all results of examinations, medical testing, and follow-up procedures. b. Confidentiality: Employees with access to medical records will maintain confidentiality of the information and not disclose or report information without the affected employee's express written consent to any person, in or outside BSO, except as required by law. c. All employee medical records will be kept accurate and maintained for at least the duration of employment plus 30 years or in accordance with General Schedule for State Government Agencies (GSI-S), whichever is longer. 2. Upon request, medical and training records must be made available to the Director of the National Institute for Occupational Safety and Health and Assistant Secretary of Labor for Occupational Safety and Health. Reviewed: 08/29/2023 Revised: 12/22/2023 Rescinds: 04/26/2018 Effective: 01/20/2024 11.4 Page 20 of 20  SHERIFF’S POLICY MANUAL 11.5 LABOR AND CIVIL DISPUTES: 11.5.1 Labor Disputes: A. Negotiations or collective bargaining are traditional methods for peaceful settlements of labor disputes. It is not BSO's function to resolve issues, but to protect the rights of the public and disputants by enforcing the law and maintaining order. B. Strikes or picketing are not necessarily violations of the law. BSO will remain impartial and take appropriate action if criminal violations are observed or reported. C. Use of public sidewalks and roadways, free access to public places, and rights of persons to enter or leave private property will be preserved. D. Violations of court orders and injunctions do not ordinarily constitute criminal offenses requiring law enforcement action. 11.5.2 Civil Disputes: A. Deputies will avoid becoming involved in civil disputes where no crime was committed. B. Deputies will not provide legal advice, but may advise parties to consult legal counsel. 11.5 10/01/2008  SHERIFF’S POLICY MANUAL 11.6 RADIO OPERATION AND PROCEDURES 11.6.1 General: A. Portable radio transceivers enable employees to maintain 24-hour communications with Communications for exchanging information, requesting assistance, transmitting orders and instructions, and responding to calls for service. All radio operations will be conducted in accordance with FCC procedures and requirements. [CALEA 81.3.3, CALEA-C 6.6.1, CFA 25.17] B. Operations will be more efficient and employee safety is enhanced if Communications, supervisors, and other employees know the status of employees, their locations, nature of cases, and developments in their investigation. C. All law enforcement deputies and firefighters will have access to radio communications while assigned to active duty. Deputies and firefighters will be assigned a portable radio transceiver and appropriate charging device. [CALEA 81.2.2] D. Employees assigned a radio will maintain their assigned radio in good working order. It is each employee's responsibility to bring the radio or charger to the radio repair facility for needed repairs, adjustments, and modifications. E. Repairs or modifications of radios and components will only be made by authorized radio shop employees. F. Uniformed patrol deputies and sergeants along with those deputies/sergeants working any special details shall utilize a shoulder-worn speaker microphone with their radio at all times. This requirement is discretionary for the rank of Lieutenant and above. DOD deputies assigned the internal (in house) MotoTrbo UHF radios will be excluded from the shoulder microphone mandate. However, all DOD personnel assigned an agency issued 800 MHz radio will receive and be required to use the shoulder microphone. G. On or off-duty deputies operating a BSO vehicle will have an operable radio. Deputies will monitor their assigned talk group while on duty and a talk group applicable for the area in which they are operating while off duty. Reviewed: 06/21/2018 Revised: 10/04/2018 Rescinds: 05/17/2017 Effective: 10/18/2018 11.6 Page 1 of 4  SHERIFF’S POLICY MANUAL H. All non-emergency requests for radio equipment (pagers, chargers, radios, etc.) will be submitted to the Mobile Technology Support Center (MTSC) via requestor's chain of command. DOD deputies’ requests for radio equipment or repairs will contact the DOD administrative sergeant. I. Equipment will only be transferred from one employee to another by the MTSC through the radio repair shop. DOD deputies will return their radio equipment to the DOD administrative sergeant upon separation or transfer to DLE. J. BSO radios are programmed with proprietary software and electronic identifiers. To minimize the risk to the radio system's operation, at no time will any employee: 1. Allow any person not legitimately affiliated with BSO access to a BSO radio. 2. Allow repairs to be done to a BSO radio by any person other than BSO radio shop employees. 3. Allow any person to connect any computer or electronic device to any portable radio. 4. Allow a BSO radio to be unsecured or unattended where it can be compromised. 11.6.2 Radio Communications Procedure: A. BSO, with the exception of Fire Rescue, uses a 10-signal code system and phonetic alphabet identifiers. Fire Rescue uses the plain talk system, not a 10- signal code system. B. Accuracy and clarity of speech will be needed when communicating by radio. Accuracy depends not only on good equipment, but experienced operators using good radio discipline under proper supervision and training. C. During emergency situations, brevity will be needed due to radio traffic. D. Courtesy will result in efficient and rapid transmissions. Interrupting a transmission before a talk group is cleared is not only discourteous, but might Reviewed: 06/21/2018 Revised: 10/04/2018 Rescinds: 05/17/2017 Effective: 10/18/2018 11.6 Page 2 of 4  SHERIFF’S POLICY MANUAL occur while an emergency is in progress. The result may be loss of life or property. E. Operators should key the microphone before talking, avoiding broken or partial transmissions. F. Radio transmissions will be brief and restricted to official business. G. Emergency situations requiring the air to remain in 10-3 (Stop Transmitting) status may be taken to a tactical channel with a dispatcher, when available. H. Dispatchers will not override the field unit's decision for the air to be placed or remain in 10-03 status unless exigent circumstances exist. Dispatchers will only transmit 10-04 to respond to arrivals and/or location changes. Normal radio traffic will stop until the dispatcher is instructed to "Clear and/or 10-08 the air" when the emergency situation is under control. Dispatchers will keep a log of all activities occurring during 10-03 status. I. Employees will advise the dispatcher of their initial status and any changes in their status. J. Employees will not request, via radio, a dispatcher to make a telephone call to a third party that can be made by employees. Requests will be made via Headquarters channel to have Communications make these phone calls. Being away from a telephone is not an exception to this policy unless: 1. Call is an emergency and a delay hinders the investigation or emergency response. 2. Call must be made promptly and the employee is unable to proceed to a telephone (i.e., arrest situation, injury, emergencies, or fixed posts). 3. Call is needed in a tactical situation such as a barricaded or despondent subject refusing to come to the door. 4. Call is requested by a field commander or supervisor. Reviewed: 06/21/2018 Revised: 10/04/2018 Rescinds: 05/17/2017 Effective: 10/18/2018 11.6 Page 3 of 4  SHERIFF’S POLICY MANUAL K. Employees will direct their radio communications, via dispatcher, except when operating a tactical talk group or given permission by a dispatcher to communicate car to car (10-55). L. Employees will use tactical talk groups for tactical communications or authorized BSO business only. M. Teletype talk group will be used for NCIC/FCIC computer checks and warrant confirmations. Entries into automated files and cancellations from systems such as removing a stolen tag or automobile will be done by telephone. 11.6.3 Radio Identifiers: A. Radio identifiers are radio call signs assigned to BSO members used when transmitting or receiving radio communications on the Regional Communications system in an official capacity. B. Supervisors requiring radio identifiers for their employees must submit a written request to the Administrative Support Bureau via email listing the employee's name, CCN, and assignment. C. The Administrative Support Bureau will review all requests for radio identifiers and notify the requesting supervisor of the radio designator if the request is approved. Disapproved requests will be returned to the requesting supervisor. D. The Administrative Support Bureau will maintain a list of all assigned radio designators for agencies, specialized assignments, and employees and periodically contact commands to ensure the list is current. Reviewed: 06/21/2018 Revised: 10/04/2018 Rescinds: 05/17/2017 Effective: 10/18/2018 11.6 Page 4 of 4  SHERIFF’S POLICY MANUAL 11.7 PSYCHOLOGICAL EVALUATION: Deputies assigned to the Special Weapons and Tactics Team, undercover surveillance/stakeout, or decoy operations may be evaluated by an external psychologist or psychotherapist. Deputies could be referred to the Employee Assistance Program for situations requiring a fitness for duty evaluation. 11.7 10/01/2008  SHERIFF’S POLICY MANUAL 11.8 TRAFFIC CITATION CONTROL: 11.8.1 General: Department of Highway Safety and Motor Vehicles (DHSMV) will provide paper Uniform Traffic Citations (UTCs) and electronic Uniform Traffic Citation (UTC) numbers to BSO. BSO will be responsible for these citations from the time they are received until sent to the Clerk of the Court. 11.8.2 Receipt of Citations: A. Only the Information Technology Division (I.T.D.) Records Management System (R.M.S.) Administrator or designee will accept and sign for delivery of paper UTCs or electronic UTC numbers. B. I.T.D. will maintain a serial number record of paper citations received from DHSMV and citations distributed to each district/division. I.T.D. will enter the electronic citation number ranges into R.M.S. 11.8.3 Paper Citation Distribution: A. Districts/divisions needing paper citations will request them from I.T.D. via the I.T.D. ticketing system (Uniform Traffic Citation service request). B. I.T.D. will record: 1. The number of citation books issued. 2. Serial numbers of books. 3. Date of issue. 4. District/division receiving books. 5. The I.T.D. R.M.S. Administrator or designee's name and CCN filling the order C. District/Division Responsibility: 1. District/division commanders will ensure a response is sent to the ticket by the designee receiving the order Reviewed: 03/30/2021 Revised: 07/22/2021 Rescinds: 11/09/2010 Effective: 08/14/2021 11.8 Page 1 of 5  SHERIFF’S POLICY MANUAL 2. District/division commanders or designees will ensure citation books are kept in a secure location. 3. Citation books will be issued to deputies by their immediate supervisor. Upon removing a citation book from the designated storage area, supervisors will: a. Submit a ticket to I.T.D. (Uniform Traffic Citation service request), including the deputy's name and CCN, date issued, serial number of books, and supervisor's name and CCN. b. A scanned copy of the completed original receipts from the citation books will be attached to the ticket submitted to I.T.D. 11.8.4 Individual Citation Control: A. Deputies' Responsibility: 1. Issued citations will be given to the deputy's supervisor at the end of each shift. B. Supervisors' Responsibility: Supervisors will review citations issued by their deputies for accuracy and neatness. C. District/Division Commanders’ Responsibility: Commanders will ensure a Florida Uniform Traffic Transmittal Form (HSMV 75954) is completed, indicating all serial numbers of citations are sent to the Clerk of the Court. D. District/Division Responsibility: District/divisions will prepare and send Florida Uniform Traffic Transmittal Forms to the Clerk of the Court (addressed to "Courthouse/Batching, Room 130") within five days of issuance in accordance with Florida Statutes. E. DHSMV Record copies of citations with violation dates after July 15, 2002 (with the exception of voided citations) will be retained pursuant to records retention laws. Reviewed: 03/30/2021 Revised: 07/22/2021 Rescinds: 11/09/2010 Effective: 08/14/2021 11.8 Page 2 of 5  SHERIFF’S POLICY MANUAL F. All other copies of citations will be distributed as indicated on the citation and retained pursuant to records retention laws. 11.8.5 Voiding Citation: Deputies who void citations will: A. For hand-written citations, write "Void" across the front of the citation and sign their name/CCN. For R.M.S. generated citations, void the citation within R.M.S. B. Complete the I.T.D. ticketing system’s Uniform Traffic Citation service request to include: 1. The citation's serial number 2. Reason for voiding the citation 3. The deputy's immediate supervisor (approval will be completed through the ticket). 4. All information required by DHSMV. 5. Attach a scanned copy of the voided citation. C. The I.T.D. R.M.S. Administrator will ensure the citation is voided in R.M.S. and will forward the information to DHSMV. Note: All other citation copies can be destroyed by the district/division. D. Retain the completed electronic citation voiding data in the I.T.D. ticketing system to document citation destruction. 11.8.6 Dismissing Citation: Citations to be voided with the defendant's copy not in the deputy's possession must be dismissed by a judge only. Deputies requesting citations be dismissed will: A. Complete the Request for Order of Dismissal Form provided by the Clerk of the Court to include: 1. The citation's serial number Reviewed: 03/30/2021 Revised: 07/22/2021 Rescinds: 11/09/2010 Effective: 08/14/2021 11.8 Page 3 of 5  SHERIFF’S POLICY MANUAL 2. Reason for requesting the dismissal 3. The deputy's immediate supervisor's signature B. Attach all available copies of the citation to the dismissal form as follows: 1. Place the dismissal form on top of the citations. 2. Do not fold the dismissal form. C. Send citation copies and the dismissal form to the Clerk of the Court. 11.8.7 Damaged/Unissued Paper Citation: A. Under no circumstances will citations be disposed of except as outlined in the procedures for voiding or dismissing citations. B. Districts/divisions will process damaged citations the same as voided citations. C. Unissued citations may be re-issued to another deputy. I.T.D. will be