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 FLHSMV contact your HSMV 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
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 an agency administrator or a TraCS team member.
UTC numbers are audited by FLHSMV and FDLE. If a citation was opened in error or was not issued and a UTC number was pulled, it must be voided, not deleted.
Officers have access to the Void/Unvoid button in TraCS. This is because, per HSMV, "Only the arresting officer may void the citation."
Once the officer voids a citation a supervisor should accept it.
Once it is accepted, the void should be reported to HSMV using the procedure outlined above.
Once the void is reported to HSMV, the person reporting it should mark the citation as Submitted as Voided.
If the citation has been issued and has gone to the clerk, it cannot be voided. Per state rules, "The agency CANNOT void citations once submitted to the COC. Once submitted to the COC, court action is required (Dismissal, Nolle Prosequi, etc.)." If the agency has received notification from the clerk of such a court action, an agency admin may mark the citation as Dismissed.
Officer Steps
With the citation closed, highlight it, right click, and press Void/Unvoid.
Answer Yes to the prompt asking if you wish to void the form. Enter a reason for the void in the box and press OK. The reason will show on the printed Court Copy of the UTC.
The button is a toggle. If you void a citation by mistake, click Void/Unvoid again and the Void status will be removed.
Supervisor Steps
Search for Voided citations by entering search parameters on the Form tab or by running the Voided UTC Analysis Report.
Do not Unvoid the citation.
Open the citation to view it. Do not press Edit; it will not work.
Once you have reviewed it, press Accept.
Once it has been accepted, the status will change to Accepted Void.
Records Steps
Search for Accepted Void citations by entering search parameters on the Form tab or by running the Voided UTC Analysis Report.
Accepted Void indicates that citation has been reviewed by a supervisor and the void may be reported to HSMV.
Once you have reported the void(s) to HSMV, select the citations(s) that you have reported. You may select up to 10 at a time.
Go to the Tools tab and press the Submitted as Voided button. The status will change to Submitted as Voided.