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Wrecker Regulation

Version 8, transcribed verbatim from the source document. Hover a paragraph for a permanent link to it.

I. Functions of the Unit

The Wrecker Regulation Unit has the responsibility of ensuring vehicles (including aircraft and vessels) impounded by the Jacksonville Sheriff's Office (JSO) are accounted for, securely stored, and disposed of in compliance with applicable laws and chain of custody. Additionally, it ensures the components of this order are followed to the extent of managing Top of the List (TOL) wrecker firms, billing, impoundment hearings, disposal of vehicles, maintenance of records, and responding to citizen inquiries. #

II. Hours of Operation and Callout / Notification Criteria

A. The Wrecker Regulation Unit is operational Monday - Friday from 0730 - 1600 hours. B. The office number is (904) 630-2173. #

A. Policy

1. It shall be the policy of JSO that impoundment of motor vehicles, conveyances, or vessels occurs only when absolutely necessary. 2. Only TOL wrecker firms can be used to tow impounded vehicles. #

B. Definitions

For the purpose of this order, general terms and definitions are as follows: a. A hold placed on a vehicle requires the vehicle not be released to the owner/lien holder until the initiating officer/detective assigned the case has removed the hold. Holds are temporary, and as such are self-canceling in five days, excluding weekends and holidays; b. Extended holds are holds extended beyond five days for investigatory or evidentiary reasons; c. Seizure is the taking of a vehicle without consent for the purpose of satisfying a statutory requirement; [CFA 1.2.4] d. Forfeiture is the transfer of ownership of a vehicle, which has been used in violation of the Florida Contraband Forfeiture Act, Florida State Statutes (F.S.S.) 932.701-932.707 to the seizing agency; and [CFA 1.2.4] e. Impound is defined and applies to a vehicle or conveyance, subject to City of Jacksonville (COJ) Municipal Ordinance (MO) 804.1101, 804.633 or F.S.S. 323.001, that has been towed with or without the consent of the owner by a TOL wrecker firm at the direction of the Sheriff or designee. [CFA 1.2.4] #

C. General lmpoundment Procedures [CALEA 61.4.3]

1. MO 804 provides the authority to impound vehicles. 2. The Agency Records Management System (ARMS) shall be used to create a Notice of lmpoundment Report (NOIR) every time a vehicle, conveyance, or vessel is towed as a TOL request by JSO. NCIC personnel shall be responsible for managing the NOIR wrecker requests. Owners' Requests for wreckers do not require a NOIR. [CALEA 61.4.3] 3. The following information is captured electronically on the NOIR: [CFA 18.13] a. Date and time of occurrence; b. Location vehicle removed from; c. Requesting member or officer completing the NOIR; d. Reason vehicle towed; e. Towing service name or wrecker firm; f. Location of the vehicle; g. Notification (or attempts) to the registered owner. If not notified, why not? h. Inventory of vehicle contents shall be noted on the NOIR; and i. Placing and removal of holds. 4. Whenever a vehicle must be impounded, it shall be handled by a TOL wrecker firm. The exception to this involves emergency situations in which police officers are authorized to request the closest available wrecker. 5. In life-threatening situations, a Jacksonville Fire and Rescue Department (JFRD) supervisor may directly request a TOL wrecker through the JSO Communications Center to enhance rescue operations. The responding officer will be notified by National Crime Information Center (NCIC) or the district Police Dispatcher and will complete the NOIR upon arrival at the scene. 6. All impounded vehicles, including those marked Hold for Investigation, shall follow the procedures outlined in this order. 7. Whenever a TOL wrecker is needed, the officer shall submit the request using the ARMS (NOIR) application and make a voice announcement on the radio when he is ready for the wrecker to be called. 8. When it is not possible for the request to be sent on the computer, the officer can request the TOL wrecker via radio. The officer shall provide NCIC with the following information: a. The location of the vehicle, providing the street address or intersection, direction of travel, or, if in a parking lot, the name of the business or the apartment complex; b. The year, make, model, color, tag number with state if available, last six numbers of the Vehicle Identification Number (VIN), and condition of the vehicle; c. The Central Communication Report (CCR) number; and d. If any special equipment is needed, such as a dolly, flat-bed, etc. 9. NCIC will make the TOL assignment. The officer will see the status change from "Requested" to "Assigned" on the Tow Status page of the application. The NOIR is ready to be completed by the officer and submitted to NCIC for approval. NCIC may reject the submitted NOIR so corrections can be made by the officer. The officer shall make the corrections and resubmit the NOIR. Once all information is correct, NCIC will approve the NOIR and it will disappear from the Tow Status page, which notifies the officer the NOIR has been approved and is completed. 10. A registration check and a stolen or wanted check of the license plate and VIN shall be queried through the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and the Florida Crime Information Center (FCIC)/NCIC via Mobile Computer Aided Dispatch (MCAD) on all vehicles. 11. In all cases where the VIN is obtainable, it shall be used to determine the owner information, rather than a tag number. Tag numbers may be used after the officer verifies the VIN on the registration against the VIN on the vehicle. 12. Prior to impoundment, unless the vehicle is being towed for evidentiary processing, officers shall conduct a complete inventory of the vehicle. If the vehicle is being towed for evidentiary processing, an inventory of items visually observed without contaminating the vehicle shall be documented on the NOIR. A detailed list of articles of value shall be noted on the NOIR. All damage {current or prior) to the vehicle shall be listed on the NOIR. The inventory process shall include the opening of any closed container found within the vehicle and the listing of its contents. The wrecker driver will sign Form P-0214 {Signature Form) validating the inventory listed on the NOIR. All evidence shall be removed and placed in the Property & Evidence Facility in compliance with applicable laws and procedures. 13. No vehicle inventory shall be completed if the vehicle is released at the scene to the owner or the owner's representative. 14. After completing the NOIR, officers shall submit the NOIR for review by NCIC. Once submitted, a copy of the NOIR shall be provided to the TOL wrecker firm via email. If the officer encounters any problems with emailing the NOIR, NCIC shall be notified as soon as possible to email a copy to the TOL wrecker firm. a. When a vehicle is impounded, and the owner is present, officers shall complete the NOIR and have the owner sign Form P-0214 {Signature Form), which shall be utilized as the Notice of lmpoundment. The signing of this notice is acknowledgement that a copy has been received. The appropriate copy of Form P-0214 {Signature Form) shall be provided to the owner and the wrecker driver. b. When a vehicle is impounded {not for evidentiary value), and the owner is not present, the Notice of lmpoundment shall be served by the wrecker firm towing the vehicle as set forth in MO 804.1204. The owner's copy of Form P-0214 {Signature Form) will be retained by the wrecker driver for delivery to the owner. Within seven business days the wrecker firm shall notify the owner of the vehicle impoundment via certified mail. c. When a vehicle is impounded and the owner refuses to sign the notice, the officer shall note this fact in the comments field on the Form P-0214 {Signature Form) and the comments field on the NOIR, which constitutes prima facie evidence of delivery. The owner's copy shall be retained by the wrecker driver for delivery to the owner. d. When multiple vehicles are towed under the same CCR number, a Form P-0214 {Signature Form) shall be completed for each vehicle. Vehicle identification data {i.e., year, make, model, tag, etc.) shall be placed in the Property/Comments/Miscellaneous Information Section of the Form P-0214 {Signature Form) for quick reference. e. Pursuant to MO 804.1103{a), any time a vehicle is impounded and the owner wishes to contest the charges for the towing and storage, the vehicle will be released by the towing facility via the procedures below: {1) The owner may regain possession of the impounded vehicle from the wrecker firm without prepayment of towing and storage charges by presenting proof of ownership to the wrecker firm and posting a cash or surety bond in the amount of the accrued towing and storage charges; (2) The owner has five business days to contact the Wrecker Regulation Unit to request a hearing as to the propriety of the impoundment and the owner's liability for the towing and storage charges; and (3) Impounded vehicles with a hold for investigation designation shall not be released until the hold is removed. 15. For an owner's request, the officer shall provide NCIC with the name of the wrecker firm, dealership, or garage along with the requesting party's name, address, and phone number. The completion of the NOIR shall not be necessary. a. TOL wrecker calls shall not be changed to an owner's request because the owner wants the vehicle taken to a different location other than the wrecker address. The request shall remain as a TOL and the vehicle taken to the owner's requested location. b. Owner's requests are to be entered as a general tow on the ARMS (NOIR) application by NCIC. 16. When a TOL wrecker is requested, officers shall remain with the vehicle until the vehicle is loaded and/or the wrecker driver indicates the officer's presence is no longer necessary. 17. TOL wrecker drivers removing wrecked or damaged vehicles from the street or highway are also responsible for removing from the roadway any debris resulting from the crash. Officers handling traffic crash investigations shall ensure the debris from the crash is removed prior to leaving the scene. 18. TOL wrecker firms are expected to respond to the scene within 20 minutes of receipt of the call. a. If the TOL wrecker is attached to a vehicle, but the vehicle driver arrives before it can be moved, a partial fee of up to half of the current hookup fee may be charged by the towing firm; or b. If the driver/owner in lawful possession arrives before the TOL wrecker has been attached, and the vehicle can be released to this person, the TOL wrecker firm cannot charge a fee. However, a parking ticket shall be issued, and NCIC will be notified to place the TOL wrecker firm back on top of the list. c. The TOL wrecker firms have agreed to the above terms. 19. In cases involving a physical arrest with the impoundment of a vehicle, the arresting officer shall note on the Arrest & Booking Report the: a. Vehicle's year, make, model, and tag number; b. Wrecker firm's name and address and/or location where the vehicle is being impounded; and c. Officers should remind wrecker drivers to furnish the owner/operator with a business card and a rate schedule. 20. In lieu of impoundment, arrestees may have their vehicles handled according to their request, including leaving the vehicle unattended, legally parked and secured, if they so authorize. When the vehicle is not impounded, but handled according to the owner's choice, Form P-0214 (Signature Form) shall be used to obtain the authorization and location (Vehicle Verification section), description (Property/Comments/Miscellaneous Information section), and signature (Victim/Owner's Signature Section). 21. If a vehicle does not meet the criteria for impoundment as set forth in MO 804.1101 or F.S.S. 323.001, JSO shall not tow the vehicle. [CALEA 61.4.3] a. In lieu of impoundment, owners may request their vehicle be left unattended on a public street. JSO may honor the request for a period of time not exceeding 24 hours. After such time, if the vehicle has not been removed, it shall be impounded. Officers granting this request must advise the owner/operator JSO will not be responsible for any damage, loss, or destruction of the vehicle. b. However, this does not preclude an officer from assisting a motorist in obtaining a wrecker to tow his/her vehicle. The officer must inform the motorist that JSO is not acting as an agent of any particular wrecker firm and shall be immune from any liability of cost, damage, loss, or destruction to the vehicle or its contents. When an officer assists a motorist in this manner, it will be called an owner's request, and NCIC shall be advised of such. Owner's requests are handled entirely differently than TOL requests and are not subject to the same rules and regulations of a TOL tow, such as a 20-minute response time or rotation within a towing zone. An owner's request does not require the completion of an NOIR. c. Officers shall post a Form P-0172 (24 Hour Notice) on the vehicle, noting the original CCR number on the form. #

D. Procedures for Handling Unattended Vehicles [CALEA 61.4.3]

1. MO 804.633 defines unattended conveyances, provides the authority to impound and store them, and describes the steps required before doing so. 2. If an abandoned vehicle is being towed, officers shall log out on a Signal 54, including the vehicle tag number and vehicle description in the MCAD comments field, and must make an attempt to contact the vehicle owner if he is not present at the scene. Officers must check with NCIC to discern if the vehicle is a stolen vehicle prior to towing the vehicle. If contact with the owner cannot be made, the officer must list what actions were taken in an attempt to contact the owner. This shall be noted in the comments field of the NOIR. [CALEA 61.4.3] 3. An officer encountering a vehicle on the right-of-way, which appears to be unattended for more than 24 hours, but is not obstructing traffic or posing an immediate danger to public safety, shall: a. Affix a Form P-0172 {24 Hour Notice) to the outside of the windshield directly in the driver's view or another prominent place, noting the original CCR number; and b. Update the original call, listing the following information in the comments field: {1) Location of the vehicle; (2) Year, make, model, tag, and/or VIN and other pertinent information; and (3) If contact with the owner was made. 4. Monday- Friday between 0800 -1700 hours, return to the vehicle and log out on a follow-up call, ensuring more than 24 hours have passed. If the car is still on scene, initiate towing for an unattended conveyance and affix a parking ticket to the vehicle. If the vehicle has been moved, update the comments field on the follow-up call screen and check back in service. 5. If a midnight unit is assigned an unattended conveyance, the officer shall: a. Complete the appropriate steps in this order; and b. Forward all the details of the unattended conveyance to the district traffic sergeant and that sergeant shall assign a traffic officer to complete the follow-up. 6. Unattended posted vehicles should be towed by a junk/abandoned wrecker requested through NCIC. Requests for a junk/abandoned wrecker shall be made during normal business hours, 0800 - 1700, Monday- Friday, weekends and holidays excluded. 7. A NOIR shall be completed on all abandoned/unattended vehicles towed. The NOIR shall include all available vehicle/owner information, including a vehicle inventory, and shall be submitted to NCIC via the ARMS (NOIR) application. 8. Any officer may tow a vehicle that has a Form P-0172 {24 Hour Notice) affixed to it as long as the 24-hour period has elapsed and: a. The vehicle has not moved; and b. The vehicle is on public property. 9. An officer towing a vehicle where the Form P-0172 {24 Hour Notice) was affixed by another officer shall notify NCIC this vehicle is being towed due to a 24 Hour Notice Violation. In the remarks section of the report officers shall explain this is a vehicle displaying a Form P-0172 {24 Hour Notice), which was affixed by another officer. 10. Criteria for abandoned vehicles on public property may include, but are not limited to: a. No tag displayed; b. Unregistered vehicle; c. A vehicle that has one or more flat tires; d. A vehicle that was involved in a traffic crash, has been left on the side of the roadway, and is not impeding traffic for a period of 24-hours or more; or e. A vehicle with less than four tires and standing on concrete blocks or other items. 11. Officers shall attempt to contact the abandoned vehicle's registered owner prior to affixing a 24-hour impoundment notice Form P-0172 (24-Hour Notice). 12. An abandoned or derelict vehicle on private or commercial property shall be processed by one of the following methods: [CALEA 61.4.3] a. The Code Enforcement Unit of the Public Works Department, COJ cites vehicles on private residential property; b. When a JSO employee is informed of unattended vehicles on private property the caller is referred to City Link at (904) 630-CITY (2489) or COJ website at www.COJ.net; c. The property owner or manager removes vehicles on commercial property, in compliance with F.S.S. 715.07, (e.g., shopping centers, apartment complexes, public parking lots, etc.). 13. Information on all unattended vehicles, which are impounded (not for evidentiary value) by JSO, shall be entered in FCIC immediately. This information will serve to alert other agencies entering one of these vehicles as stolen that it has been impounded by JSO. The FCIC entry can be removed by a JSO officer contacting NCIC by phone or radio requesting removal. An outside agency shall be required to provide an administrative message to request a removal. [CFA 18.13] 14. The officer shall submit a TOL request using the ARMS (NOIR) application and place "vehicle has an expired 24 hour notice" or "Junk TOL" in the special instructions field on the request. The officer shall make a voice announcement on the NCIC radio "This is a Junk TOL" so the correct wrecker rotation will be used. 15. The officer shall select "Unattended Conveyance" in the "Reason Vehicle Towed" field of the NOIR. 16. Vehicles parked illegally in tow-away zones on public property must first be issued a parking ticket charging a specific parking violation. The ticket must be attached to the vehicle, and a NOIR must be completed before it is impounded (refer to MO 804.1101 [a]). [CALEA 61.4.3] a. Unattended vehicles obstructing traffic shall be treated the same as vehicles parked illegally in a tow-away zone (refer to MO 804.1101 [e]); and b. If the owner/operator arrives before the vehicle is towed, refer to procedures set forth in this order. #

E. Procedures for Impounding and Seizing Aircraft, Watercraft, and Large Equipment [CALEA 84.1.2, CFA 15.19]

1. All efforts should be exhausted to release recovered aircraft, watercraft, and large equipment to the owner or owner's representative at the scene. These items should only be towed under the following circumstances: [CFA 30.02] a. An owner or owner's representative cannot retrieve the item; b. The item must be processed for evidence and that processing cannot feasibly be completed at the scene; or c. The item is being seized for forfeiture. 2. When an aircraft, watercraft, or large equipment must be impounded or seized, the officer shall complete a NOIR and notify NCIC of the item's specifications. [CALEA 1.2.4] 3. Impounding or Seizing Aircraft [CALEA 1.2.4] a. NCIC shall notify the Lieutenant of Aviation Unit, who shall ensure that a pilot and mechanic respond to the scene to assess the condition of the aircraft. b. If the aircraft can be safely flown, the pilot will fly it to the Aviation Unit hangar. c. If the aircraft cannot be safely flown, the Lieutenant of Aviation Unit shall make arrangements for the ground transportation of the aircraft to the Aviation Unit hangar. d. When an aircraft is being seized for evidentiary processing, it shall be handled and stored in such a manner consistent with the principles of evidence protection outlined in Order 338 (Crime Scene). The Lieutenant of Aviation Unit shall ensure the aircraft seized for evidentiary processing shall be stored in a secured area or shall have constant observation by a law enforcement officer until the processing is completed. The craft must be kept in a secure location until released from JSO custody, which shall be documented on the appropriate NOIR and Supplemental Reports. 4. Impounding or Seizing Watercraft [CALEA 1.2.4] a. If a watercraft can be towed by a TOL wrecker firm, the same procedures used for the towing of a vehicle shall be followed. b. If a watercraft cannot be towed by a TOL wrecker firm, NCIC shall contact the Lieutenant of Marine Unit, who shall ensure that a Marine Unit officer responds to the scene to assess the condition of the watercraft. c. If the watercraft can be safely operated, the Marine Unit officer shall pilot the boat to the JSO Marine Facility for storage. If the boat is too large to be stored there, the Lieutenant of Marine Unit shall make arrangements for the watercraft to be stored at a dock owned or operated by COJ. d. When a watercraft is being seized for evidentiary processing, it shall be handled and stored in such a manner consistent with the principles of evidence protection outlined in Order 338 (Crime Scene). The Lieutenant of Marine Unit shall ensure the watercraft seized for evidentiary processing shall be stored in a secured area or shall have constant observation by a law enforcement officer until the processing is completed. The craft must be kept in a secure location until released from JSO custody, which shall be documented on the appropriate NOIR and Supplemental Reports. 5. Impounding or Seizing Large Equipment [CALEA 84.1.2, 1.2.4] a. When large equipment or miscellaneous vehicles (i.e., golf carts, ATV's, etc.) must be towed, NCIC shall contact a TOL wrecker firm that can accommodate the towing and storage of the equipment. b. Large equipment that is being seized for evidentiary processing shall be towed to the Property & Evidence Facility. If the Property & Evidence Facility cannot accommodate the item, the lieutenant of the investigative unit requesting the seizure shall make arrangements to have the equipment transported to a venue that can accommodate the item. That lieutenant shall also ensure the equipment is stored in a secured area or shall have constant observation by a law enforcement officer until the processing is completed. #

F. Procedures for Placing Holds for Investigation

1. The ARMS (NOIR) application shall be used to place a hold to extend the hold beyond five days, remove an extended hold, or change the hold status of a vehicle. 2. Officers shall have vehicles/vessels stored without holds when: a. The vehicle/vessel owner cannot respond to the scene within a reasonable time (approximately 30 minutes); b. The owner of the vehicle/vessel cannot be contacted; c. The driver of the vehicle/vessel flees the scene; or d. The vehicle/vessel is found occupied or abandoned under suspicious circumstances (i.e., car belongs to a dealership and is found after hours out of place, the vehicle has a stolen tag affixed to it, occupant(s) has an auto theft arrest history, etc.). {1) If the owner cannot be located to verify ownership when these circumstances exist, the vehicle should be stored without a hold and an information report shall be completed and routed to Auto Crimes Unit. (2) The report should include the suspicious circumstances, complete contact information, verified identity of those present in the vehicle, the efforts that were made to contact the registered owner, and the location where the vehicle is being stored. (3) The report shall be assigned to an Auto Crimes Unit detective for investigative follow-up. 3. A hold for investigation is self-canceling in five days excluding weekends and holidays. Therefore, the decision to hold a vehicle shall be made on well-founded facts to support the hold. The fact a hold is self-canceling in five days is not justification to hold a vehicle when facts do not support the hold. 4. JSO will be responsible for any storage charges exceeding five days if the vehicle is not transferred to a JSO storage facility. 5. Officers of JSO shall not place JSO holds on vehicles for local agencies with concurrent jurisdiction, (i.e., Naval Criminal Investigative Service [NCIS], Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF], Drug Enforcement Administration [DEA], Federal Bureau of Investigation [FBI], Atlantic Beach Police Department [ABPD], etc.). 6. Circumstances and procedures for storing vehicles with a hold for investigation designation are as follows: [CALEA 84.1.2] a. The procedures for requesting a TOL wrecker remain the same, except for adding the storage location in the special instruction box of the NOIR (i.e., Police Impound Facility, 1087 Haines Street); b. When vehicles are towed for investigative units for processing, the TOL wrecker driver will be instructed to tow the vehicle to the Crime Scene Unit (CSU) warehouse, located at 1089 Haines Street. A police officer shall follow the TOL wrecker to the facility tmaintain the chain of custody. The vehicle shall need to be placed inside the CSU warehouse. Vehicle storage should be coordinated with a CSU detective; c. If the tow takes place Monday - Friday from 0700 - 1700 hours, police officers shall coordinate the vehicle storage with the Police Impound Facility personnel; d. If the tow takes place after hours or on weekends or holidays, police officers shall inform the TOL wrecker driver to tow the vehicle to the Police Impound Facility, located at 1087 Haines Street. A police officer must follow the TOL wrecker driver to maintain the chain of custody; e. FSS 119.071(2)(d); FSS 119.071(3)(a) f. FSS 119.071(2)(d); FSS 119.071(3)(a) g. The TOL wrecker driver will be instructed to unload the vehicle near the sign that reads Vehicle Processing Area and as far back as possible ensuring the vehicle will not block the gate or lanes of travel; h. After the TOL wrecker driver unloads the vehicle and leaves, the police officer shall lock the gate, ensuring the chain goes around both gates and then arm the perimeter alarm. Officers shall return the keys to the lockbox and ensure that it is locked and secured before leaving; i. In situations where a large vehicle (e.g., tractor trailer semi-truck, etc.) needs to be secured as evidence and further processing is required, officers shall contact NCIC and request a Class CTOL and coordinate with a CSU supervisor; and j. The following are specific circumstances for which a hold shall be placed on the vehicle for investigation by the responsible unit: (1) The driver of a vehicle was involved in a criminal or suspicious act and flees the scene leaving the vehicle, and the driver is not known. However, if owner contact can be made then the vehicle will be released or stored without a hold. The fact the driver flees the scene is not sufficient to place a hold on a vehicle if no supporting criminal activity exists. (2) The vehicle was involved in a hit-and-run accident and has evidentiary value. However, if owner verification can be made, or a hit-and-run arrest is made and the investigating officer has completed the investigation, the officer shall not place a hold on the vehicle. (3) The vehicle was involved in a fatal traffic accident or there is a possibility death will occur and felony charges may be filed. Traffic Homicide investigators shall be called to the scene to determine whether to hold or release the involved vehicles. (4) The vehicle's VIN has been burned where it is no longer readable, altered, or tampered with and the ownership of the vehicle cannot be confirmed. The vehicle shall not be considered identified by license plate only; the VIN must be obtained to identify the vehicle. (5) A vehicle cannot be processed at the scene and has been: (a) Stolen; (b) Abandoned by a suspect wanted on criminal charges; or (c) Used in a serious felony and evidence may be obtained from it. (6) Holds from other law enforcement jurisdictions will require official confirmation to hold the vehicle and will be routed to the appropriate detective unit for follow-up. The assigned investigator shall coordinate the investigation with the requesting law enforcement agency. 7. Patrol officers must obtain the approval from a member of the investigating unit for which the hold will be placed and document the identification of the approving officer in the hold section of the NOIR, excluding forfeiture holds and holds regarding burned altered or tampered VINs. The responsibility to remove the hold or extend the hold rests with the investigating unit. 8. An officer placing a forfeiture hold on a vehicle must complete and submit a forfeiture packet within 24 hours of the vehicle being towed (refer to Order 395 [Forfeiture]). a. All forfeiture cases shall be stored at a TOL wrecker firm. b. The forfeiture officer shall review the paperwork and if the vehicle is to be seized, he shall extend the hold and the vehicle shall be moved to the Police Impound Facility. c. If a forfeiture packet is not received by the Forfeiture Unit within five business days of the original hold date, the hold will self-cancel. It shall be the submitting officer's responsibility to contact the owner and advise the hold has been removed. 9. DHSMV holds (refer to F.S.S. 322.34) shall be handled in the following manner: a. Before an officer can place a DHSMV hold on a vehicle he must verify the driver is the registered owner or co-owner of the vehicle. If the driver is the owner or co-owner the officer shall complete a NOIR and place the vehicle on hold for DHSMV; b. The officer must advise the driver the hold can be removed by satisfying the reason for the suspended license; c. The officer must advise the owner to report in person to the Wrecker Regulation Unit with a current tag registration, valid driver's license and proof of insurance. Upon satisfying these tasks, the hold will be removed, and the vehicle can be obtained from the TOL wrecker firm; and d. DHSMV holds can only be removed by the Wrecker Regulation Unit. 10. When a vehicle impounded with no hold needs to be placed on hold, the officer or detective shall locate the NOIR in ARMS and place a hold or an extended hold on the vehicle. NCIC will receive the changes on the Wrecker Notification Manager and email the information to the wrecker firm. #

G. Procedures for Extending Holds for Investigation

1. When an officer or detective responsible for the hold determines it is necessary to extend the hold beyond the initial five-day period, he will locate the NOIR in ARMS. The officer will select the Hold section and click the Extend button. The officer will be prompted to remove the initial hold first and then place the extended hold. Submitting the NOIR will save the changes. NCIC will receive the changes on the Wrecker Notification Manager and email the information to the wrecker firm. A comments box allows for detailed explanation of the reason(s) for the hold extension. a. Vehicles being stored at the JSO or CSU's facility must be placed on extended hold. Officers completing the NOIR must use the identification number of the detective responsible for the extended hold. b. A detailed explanation of the reason(s) a hold extension is required. c. If it is determined a hold will be extended at the time a vehicle is being impounded, an initial hold is not necessary, the extended hold can be placed immediately. (Exception: Forfeiture holds are extended only by Forfeiture officers). 2. To extend a hold beyond five days, the decision must be made within 72 hours from the date the hold was placed on the vehicle. Patrol officers must obtain approval from their supervisor before extending a hold. The supervisor's name and identification number shall be placed in the comments field. 3. The logistics involved in moving the vehicles to JSO storage facilities and the associated cost of storage charges to JSO make it imperative the extended hold procedures are as expeditious as possible. #

H. Procedures for Removing Holds and Extended Holds

1. Holds for investigation and extended holds shall be removed in the following manner: a. Patrol officers shall be responsible for removing holds placed for patrol; b. Each detective unit shall be responsible for holds placed for his respective unit; c. CSU detectives shall remove holds once the processing has been completed; d. All holds shall be removed using the ARMS (NOIR). Only under circumstances when a computer is not accessible will the officer/detective contact NCIC to remove the hold; e. Vehicles with holds or extended holds from multiple units (e.g., Homicide and Robbery & Violent Crimes) must have the hold or extended hold released by the lead investigator within each unit when the investigation is completed. Coordination by the units with the holds shall ensure all holds or extended holds have been removed prior to the vehicle's release; and f. When the decision not to extend the hold has been reached within the 72 hour period, the hold shall be released. (1) When an initial and/or extended hold has been removed, the officers/detectives shall locate the NOIR in ARMS and select the Hold section. Click the "Remove" button and complete the hold removal. The Comments box allows for detailed explanation of the reason(s) a hold has been removed. (2) Hold removals can only be processed from 0800 - 1700 hours, seven days a week. After hours, the NOIR will be held in the Wrecker Notification queue until 0800 the next day and the hold removal process will completed by NCIC. (3) All vehicles placed on extended hold shall be moved to the Police Impound Facility as soon as practical. Police Impound Facility personnel shall be responsible for the movement of vehicles once the hold is removed. (4) In general, NCIC shall make notification to wrecker firms of hold and extended hold removals during normal business hours, 0800 to 1700, seven days a week; however, after hours notification shall be made on a limited basis. 2. When an initial hold is not removed or extended, the Towed Vehicles application will automatically remove the hold. This occurs after five days, excluding weekends and holidays. The owner must be notified of the hold removal as set forth in this order. The officer who placed the vehicle on hold will receive a computer-generated email showing the system removed the hold and the responsibility for owner notification rests with the submitting officer. #

I. Procedures for Owner Notification for Vehicles on Hold and for Hold Removals

1. Assigned investigating officers or detectives shall make every effort to notify the vehicle owner when a hold or extended hold has been placed on an impounded vehicle, or notify the owner when the hold or extended hold has been removed. The owner notification shall include the following: a. A brief explanation of the reason for the hold or extended hold; or b. Information regarding the removal of the hold or extended hold, as follows: (1) The owner shall be advised of the storage location of the vehicle and be informed that storage charges will continue to accumulate on a daily basis until claimed; (2) If it is an extended hold the owner must satisfy all towing and storage charges of the TOL wrecker firm and present the paid wrecker receipt at the Police Impound Facility to receive his/her vehicle; and (3) Vehicle owner(s) can satisfy the towing and storage charges any time prior to the extended hold being removed. c. When the ARMS {NOIR) application automatically removes an initial hold that was not extended, the application will spawn an email to the submitting officer as a reminder to contact the owner. {1) The officer shall open the "Owner Notification" section of the ARMS (NOIR) application or use the Search page to locate the NOIR. The history of contact attempts can be added to the NOIR using this page. (2) When the owner is contacted, the officer shall select "Final Hold Removed - Contacted Owner" to clear the owner notification flag. {3) If the owner was sent a certified letter as form of notification, the officer/detective shall select "Final Hold Removed - Unable to Contact Owner" and use the comments field to indicate certified mail was the method of contact. (4) If after all attempts, owner notification cannot be completed, the officer shall use the "Final Hold Removed - Unable to Contact Owner" and show in the comments field the reason no contact can be made. This has to be done to clear the owner notification flag. #

J. Recovering Reported Stolen Vehicles from Wrecker and Repossession Storage Facilities

1. Responding officers are required to visually verify the VIN and confirm the stolen vehicle hit with NCIC. 2. Responding officers shall complete the necessary report (i.e., a Supplemental Report or an Incident Report if the vehicle was stolen out of another jurisdiction). 3. Officers shall attempt to contact the vehicle owner and document their efforts in the report narrative. This process shall be captured on body worn camera (BWC). 4. Responding officers shall provide the wrecker representative with the vehicle owner'saddress and phone number from the original Incident Report. 5. If the attempts to contact the vehicle owner are unsuccessful, the vehicle shall be left at the wrecker facility. 6. Officers shall inform the owner of the stolen vehicle there will be an associated cost pertaining to the towing and storage fees upon obtaining their vehicle from the wrecker firm. 7. When a stolen vehicle is recovered from a repossession facility, officers shall complete the recovery process, then leave the vehicle at the scene. 8. If it is determined the vehicle was involved in additional crimes, the vehicle shall be towed from the repossession facility to the Police Impound Facility or appropriate TOL location. #

K. Procedures for VIN Verification on Tow-Aways and Repossessions

1. VINs should be recorded for all vehicles/vessels unless burned, destroyed, or towed from private property. 2. Call takers will request and record all information provided into the ARMS (NOIR) application. 3. When a call taker receives information on a tow where the VIN cannot be verified, a Signal 96 (VIN verification) shall be dispatched to the location of the vehicle. All storage information shall be recorded in the ARMS (NOIR) application by the call taker. Additionally "Officer sent to verify VIN" and the CCR number shall be typed in the comments field. Once the officer has obtained the correct VIN, he shall inform NCIC who shall add it to the ARMS (NOIR) application. #