Voiding Citations

Overview

Sections 3.2.4 and 3.2.5 of the Florida UTC Procedures Manual outline the FLHSMV rules and procedures regarding voiding citations.

If you have questions or need guidance regarding voiding citations or reporting voids to FLSHMV contact your Senior Liaison Officer.

Section 3.2.4

If an officer needs to void a citation, all copies must be in the officer’s possession and marked VOID with a brief explanation and the officer’s initials. Only the arresting officer may void the citation.   Forward a copy to FLHSMV (Mail Stop 89)for accountability.   The agency CANNOT void citations once submitted to the COC.   Once submitted to the COC, court action is required (Dismissal, Nolle Prosequi, etc.).   Remember, it is unlawful and official misconduct for an officer to dispose of a citation other than as required by section 316.650, Florida Statutes.

The Bureau of Records’ Senior Liaison Officers will periodically audit agencies’ citation inventory for accountability purposes pursuant to section 316.650,Florida Statutes. SLOs conduct audits more frequently at the agency’s requestor if FLHSMV believes additional audits are necessary.

Section 3.2.5

Pursuant to Florida Statutes, citations submitted to the COC require court action.   It is unlawful and official misconduct for any officer or public employee to dispose of a traffic citation in a manner other than what is required by section, Florida Statutes.  All spoiled, mutilated, or otherwise unusable citations that have not been submitted to the COC must be voided by FLHSMV.

When reporting citations for voids the agency must submit a letter on agency letterhead.  The letter must include the list of the citations to void and reasons for the voiding.   The chief administrative officer or a designated official must sign and date the letter.   The agency should report the voids using one of the following options:

Mail To:

Florida Department of Highway Safety and Motor Vehicles

Bureau of Records

2900 Apalachee Parkway, Room A213, MS 89

Tallahassee, Florida 32399-0500

NOTE: The agency must return all copies of the citation(s) and the letter.

Or

Email To: CourtAssist@flhsmv.gov

NOTE: Email must include the letter and an excel spreadsheet listing all the citations in alphanumeric order in the Consolas font.   Once FLHSMV approves the voids the agency can destroy the citations by crosscut shredding or incineration.

Void Procedure for TraCS

Officers have access to the Void/Unvoid button in TraCS. This is because, per HSMV, "Only the arresting officer may void the citation."

If a citation was opened in error and a UTC number was not pulled, it does not need to be voided.   It may be deleted by an a