IN THE CIRCUIT
COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO AND PINELLAS COUNTIES , FLORIDA
ADMINISTRATIVE ORDER NO. 2007-024 PI-CTY
RE: LOCAL ORDINANCE VIOLATIONS
FISH AND WILDLIFE CONSERVATION
COMMISSION VIOLATIONS
UNIFORM FINE SCHEDULE
In order to provide for the orderly and uniform prosecution of county and municipal ordinance violations in Pinellas County, Florida; to consolidate various administrative orders regarding ordinance violations; and in accordance with the provisions of sections 34.01, 125.69, 370.021, and 372.07, Florida Statutes, Florida Rules of Criminal Procedure 3.125(j), and Florida Rules of Judicial Administration 2.215 and 2.265; it is
ORDERED:
1.
a. An Indictment or Information
b. Parking Tickets
2. The Citation/Notice to Appear shall be printed on NCR paper, which shall be coded and distributed to the Clerk of the Circuit Court, State Attorney, the issuing Agency, the County or Municipal Attorney and Defendant.
3. The Fish and Wildlife Conservation Commission shall issue citations on the required state forms issued to the agency.
4. With the exception of legislatively dictated fine amounts set by the legislative body of a municipality, the County, or the State, the Pinellas County Court Uniform Fine Schedule, including court costs, in Attachment A shall be the sole and exclusive schedule of penalties, including penalties for the uncontested disposition of local ordinance violations, and violations cited by the Fish and Wildlife Conservation Commission without the necessity of court appearance. The Court may authorize a greater or lesser penalty in any individual case.
5. Any person or entity cited for violation of the Fish and Wildlife Conservation Commission may:
a. Elect not to contest the citation. The defendant who elects not to contest the citation may pay the civil penalty, either by mail or in person at the Clerk within thirty (30) calendar days of the date of receiving the citation; or if he or she has posted a bond, forfeit bond by not appearing at the designated time or location.
b. Elect to contest the citation. The defendant electing to contest the citation shall either (1) enter a written plea of not guilty in writing in person or by mail; or (2) appear in Court for the purpose of entering a plea of not guilty and scheduling a trial on the merits of the alleged violation.
6. Any person or entity cited for violation of a local code or ordinance may:
a. Elect not to contest the citation. The defendant who elects not to contest the citation may plead guilty or no contest by signing the plea waiver form on the citation, and paying the applicable fine in full to the Clerk of Court by mail or in person within thirty (30) calendar days after issuance of the citation, unless the violation requires a mandatory court appearance; or
b. Elect to contest the citation. The defendant electing to contest the citation shall either (1) enter a written plea of not guilty in person or by mail; or (2) appear in Court for the purpose of entering a plea of not guilty and scheduling a trial on the merits of the alleged violation.
7. If the defendant electing to contest the citation fails to enter a written plea of not guilty or fails to appear for the court appearance date, the presiding judge shall at that time issue a capias for the arrest of the defendant for noncompliance with instructions on the citation, dismiss the case, or take any other action that the court deems appropriate. A capias will not be issued in those cases where the defendant has refused to sign the Notice to Appear acknowledging the receipt of a copy or when the Notice to Appear has been posted at the property of the defendant. In such cases, if the defendant does not appear the Court will direct the Clerk to issue a Summons for a subsequent date and the Clerk shall arrange for service of the Summons on the defendant in accordance with law. The Clerk may assess a fee for the issuance of the summons in accordance with section 28.24, Florida Statutes. The fee for issuance by the Clerk and the cost of service assessed by the Sheriff shall be added to the costs assessed to the defendant.
8. Consistent with applicable state
statutes and rules, which shall prevail in the event of a conflict, the
attached Instructions for Prosecuting Local Ordinance Violations and Flow Chart
(Attachment B) shall govern the issuance and prosecution of local ordinance
violations in the Pinellas County Court.
In addition,
a. May elect to establish by appropriate ordinance, resolution or rule its own internal policies and procedures governing the issuance and processing of violation citations insofar as the same do not conflict with the provisions of this order; and
b.
Shall authorize and designate an official prosecutor
who shall be a member of The Florida Bar in good standing and file the name and
signature of such person or persons with the Clerk of the Circuit Court for
c. Pursuant to the provisions of Article V, sections 17 and 20 of the Florida Constitution and section 34.13, Florida Statutes, the registered prosecutor shall be responsible for the prosecution of local ordinance violations of the governmental entity that he or she represents from on and after the date upon which he or she has been notified that the case has been placed on the Court’s calendar for disposition. The prosecutor shall respond to requests for discovery, summon necessary witnesses for trial, present the case before the Court and perform any other duties necessary for prosecution of the case.
9. The Clerk shall be responsible for calendaring all local ordinance violations. The Clerk shall:
a. Cause municipal ordinance violations to be placed on the Court’s calendar for arraignment and trial, and effective May 3, 2007, calendar such matters on Thursdays.
b. Cause county ordinance violations to be placed on the Court’s calendar for arraignment and trial on Fridays.
c. Provide notification of the trial date to the designated prosecutor.
If circumstances require it, the Clerk may set an individual county ordinance case on Thursday or an individual municipal ordinance case on Friday.
10. All summons and notices of trial shall be issued not less than twenty-one (21) days prior to such trial date.
11.
a. Reproduce and distribute in booklet form the Instructions for prosecuting Local Ordinance Violations and Uniform Fine Schedule for Pinellas County; and
b. Print the Citation.
The court costs and fines schedule in this
Administrative Order are effective as of the date this Administrative Order. The provision in the “Instructions for
Prosecuting Local Ordinance Violations in Pinellas County” requiring court dates
for municipal ordinance violations to be set on the calendar five Thursdays in
the future, shall take effect March 29, 2007.
The provision in the Instructions requiring county ordinance violations
to be set on the calendar five Fridays in the future shall take effect as soon
as possible, but in no event not more than 30 days after the date of this
order.
Administrative Orders 2005-022
PI-CTY and 2005-056 PI-CTY are hereby rescinded.
DONE AND ORDERED in Chambers at
_____________________________
David A. Demers, Chief Judge
cc: All Pinellas Judges
The
Honorable
The
Honorable
The
Honorable
James V.
Antista,
Pinellas County Municipalities
Gay Inskeep, Trial Courts Administrator
Tim Burns,
Justice and Consumer Services,
Bar
Associations,
Law
Library,
ATTACHMENT A
UNIFORM FINE SCHEDULE
Please note that the Roman numerals after each entry
indicate the class (I-V) in which the violation falls for purposes of assessing
the appropriate fine.
ADVERTISING & SIGNS:
n
HANDBILLS:
Unlawful distribution on private
property (IV)
Unlawful distribution in a public place (IV)
Unlawful placing in or upon vehicles (IV)
n SIGNS:
Erecting or maintaining a
prohibited sign (III)
Erecting or maintaining unsafe signs (IV)
Erecting or maintaining misleading, false or fraudulent signs (IV)
Failure to procure required permit (IV)
AIRPORTS & AIRCRAFT:
Accidents on airport property; failure to report (IV)
Engines; operation during loading or unloading prohibited (II)
Engines; starting engines at prohibited times or places (III)
Flammable liquids; improper storage or protection (III)
Motor vehicles; parking and operation violations (IV)
Obstruction of gates or entrances prohibited (III)
Taxing operations; required and prohibited procedures (II)
ALCOHOLIC BEVERAGES:
Beer and wine; unlawful sale of (I)
Closing hours; doing business in violation (I)
Unlawful consumption on premises (I)
Minors; employment of, sale to, presence on premises prohibited (I)
Packaged liquor; unlawful sale of (I)
Sales near churches or schools prohibited (I)
Sales to habitual drunkards or intoxicated persons prohibited (I)
Nudity in commercial establishment serving a
Open container violation (IV)
AMBULANCES:
Operation without certificate of need (I)
Emergency and non-emergency failure to comply with rules and regulations (I)
AMUSEMENTS:
Circuses, carnivals, etc.; failure to obtain permits and post bonds (IV)
Failure to obtain required permits (IV)
Hours of operation; conducting business in excess of (IV)
ANIMAL CONTROL & FOWL:
Cruelty to animals and fowl
prohibited (II)
Dangerous dog attacking an animal or person (I)
Failure to comply with dangerous dog requirements (II)
Dead animals; improper disposal of (IV)
Public nuisance (III)
Improper confinement of animal in estrus (III)
Interference with animal control officers prohibited (II)
Prohibited animals; unlawful keeping of (IV)
Rabies; improper handling of suspect animals (IV)
Rabies and quarantine violations prohibited (I)
Animal at large (V)
Licensing violation (IV)
Pet dealer violation (IV)
Abandonment (II)
Animal left in unattended vehicle (II)
BICYCLES:
Brakes; failure to have minimum required brakes (V)
Carrying articles prohibited (V)
License plates; failure to display (V)
License plates; removing, changing or mutilating prohibited (IV)
Lights; failure to have required lights (V)
Parents' and guardians' responsibility; failure to exercise (IV)
Registration; failure to register bicycle (V)
Registration; unlawful change of (IV)
Sales of bicycles; failure to report (IV)
Serial numbers or identification numbers; offenses involving (IV)
Sidewalks; violation of riding restrictions (V)
BOATS, DOCKS, BEACHES & WATERWAYS:
n BEACHES:
Anchoring so as to obstruct beaches and channels prohibited (IV)
Docking watercraft with living facilities; restrictions on (IV)
Glass prohibited on beaches (IV)
Littering prohibited
(V)
Watercraft; use of within bathing area prohibited (IV)
n
MARINAS & YACHT BASINS:
Equipment; improper keeping of (IV)
Nets; unlawful use of (IV)
Permit required for sale and soliciting sale of bait (IV)
Reckless operation of watercraft prohibited (II)
Signs on docks, ships and grounds; improper posting of (IV)
Spears or harpoons; unlawful use of (IV)
Trespass on docks or slips prohibited (IV)
Trespass on watercraft prohibited (IV)
n
SEAWALLS:
Failure to maintain and repair seawall and bulkheads (III)
Failure to comply with minimum standard requirements for the construction of
seawalls and bulkheads (III)
n
WATERWAYS:
Abandoned vessels or watercraft prohibited (IV)
Bathing in boat channels prohibited (IV)
Blocking channels prohibited (II)
Bow riding prohibited (IV)
Careless operation of vessels prohibited (V)
Debris; unlawful depositing of in waterways (IV)
Diving or jumping from bridges or piers prohibited (II)
Dredging operations, prohibited during certain hours (IV)
Fishing prohibited in specified areas (II)
Fishing; unlawful use of prohibited tackle (V)
Gasoline; improper transportation of (IV)
Hazardous vessels or watercraft prohibited (II)
Piers; unlawful operation of watercraft around (III)
Pumping; unlawful pumping of bilges or disposal of petroleum products (III)
Safety equipment; failure to have proper equipment (V)
Searchlights, horns and whistles; improper use of (V)
Speeds; excessive speed by watercraft prohibited (V)
Swimming and throwing trash; unlawful (V)
Water-ski regulations; violations of (V)
Wharves; improper use of public wharves (IV)
Water and Navigator Control Authority Ordinance (I)
BUILDINGS:
Glass doors; decals or other marking required (IV)
Mailboxes required (IV)
n
MOVING
BUILDINGS:
Designation of moving routes
required (III)
Failure to obtain required permit (III)
Failure to satisfy safety requirements (III)
Hours of moving; violation (III)
License; occupational license required all movers (III)
Size of building which may be moved; exceeding maximum (III)
Time within which move is to be made; exceeding allowed time (III)
Numbering doors of non-residential structures required (IV)
Numbering houses required (IV)
n
POOLS:
Enclosure of swimming pools and
fish ponds required (I)
Maintenance of pool equipment and water quality (II)
Prohibited use of property (III)
Salvaged materials; utilization of prohibited (IV)
Water preservation in connection with new developments required (IV)
BUILDING AND CONSTRUCTION SAFETY:
Failure to comply with the requirements for:
Standard Plumbing Code (II)
Standard Mechanical Code (II)
Standard Gas Code (II)
National Electric Code (II)
Life Safety 101 (II)
Other local Codes pertaining to repair, construction, improvement, removal,
maintenance, or demolition of buildings and property (II)
Failure to comply with any of the above when noncompliance is hazardous to the public (I)
BUSINESS REGULATIONS:
n
GENERAL:
Failure to obtain all necessary certificates, licenses and permits (II)
Fortune-telling for compensation and similar practices prohibited (III)
Grading and labeling of perishable meats required (III)
Impersonating the consumer division director or an inspector prohibited (III)
Labeling of packages; violations of regulations (III)
Landlords required to disclose profits made from furnishing utilities (III)
Misleading packaging prohibited (III)
Oil; furnace and stove oil to be sold by liquid measure only (III)
Scales for check weighing prepackaged commodities required (III)
Selling, offering for sale or keeping any commodity that has been ordered
off sale,
marked or tagged prohibited (III)
Operating without a retail tobacco products dealer permit (III)
n ADVERTISING STANDARDS:
Advertising where additional purchases are required; violation of
regulations (III)
Complete purchase price required to be represented (III)
Misrepresentation of merchandise, services and facilities prohibited (III)
Misrepresentation as to nature of commodity or service prohibited (III)
Misrepresentation of price prohibited (III)
Wholesale; unlawful use of the term (III)
n
AUCTIONS AND AUCTIONEERS:
Descriptive tags required to be affixed to articles (III)
False bidders and cappers prohibited (II)
False representations as to origin of goods prohibited (III)
Misrepresentation of used articles prohibited (II)
n SALES:
Improper conducting of (III)
Prohibited at certain hours and on specified days (III)
Prohibited in public ways (III)
Substitution of articles prohibited (II)
n
BARBER SHOPS & BEAUTY PARLORS:
Failure to post inspections forms (III)
Reuse or common use of soap, cosmetics and related substances prohibited (III)
Violation of regulations pertaining to cleanliness (III)
n
CLOSING OUT SALES:
Goods sold required to have been on inventory; replenishment of stock
prohibited (III)
Inventory required to be filed (III)
Record of articles sold; failure to file (III)
n
EMPLOYMENT AGENTS OR AGENCIES:
Accepting fees for specified positions already filled prohibited (II)
Applicants; sending out without bona fide order prohibited (III)
Fees; failure to file and post schedule of fees (III)
Registration fees; violation of restrictions (III)
Fraudulent advertisements prohibited (III)
Records; failure to properly maintain (III)
Refund of expenditures to applicants required (III)
Soliciting termination of employment relationships prohibited (III)
Splitting or sharing fees prohibited (III)
n
PAWNBROKERS, JUNK & SECONDHAND DEALERS:
Arrangement of stock to facilitate inspection required (III)
Dealing with minors prohibited (III)
Junkyards required to be enclosed (III)
Register of transactions; failure to furnish copies to police (II)
n
PROMOTERS:
Co-mingling of funds prohibited (I)
Employment of unqualified solicitors prohibited (III)
n
SOLICITORS:
Character; solicitor required to be of good moral character (III)
Notice of change of address or employment required (III)
Registration required (III)
n MISCELLANEOUS OFFENSES NOT ENUMERATED UNDER BUSINESS REGULATION ABOVE: CLASS IV
CONSUMER PROTECTION:
n ADULT USE
Unlicensed activity (II)
Failure to display license (II)
Failure to maintain required records (II)
Failure to provide records upon request (II)
Unauthorized name change (II)
n BINGO:
Unlicensed activity (II)
Failure to display license (II)
Failure to establish a separate bank account for the proceeds of bingo (II)
Failure to maintain required records (II)
Failure to provide records upon request (II)
n
CHARITABLE SOLICITATIONS:
Failure to obtain the required permit (II)
False statement in connection with a solicitation (II)
Implying county endorsement (II)
Commingling of contributions (II)
Soliciting during pending suspension or revocation (II)
Transfer or assignment of permit (II)
Solicitation to a private residence between 9:00 p.m. and 8:00 a.m. (II)
Failure to possess and exhibit permit and authorization (II)
Concealing identity of organization (II)
Misrepresenting donations as tax deductible (II)
Failure to maintain required records (II)
Failure to surrender permit when required (II)
Failure to provide required records upon request (II)
Unauthorized representation of a charity (II)
Soliciting for individual without depository account (II)
Failure to honor timely request for refund (II)
Improper use of contributions (II)
Use of misleading name (II)
False representation by solicitor (II)
Withholding proceeds from sponsor (II)
Failure to display required information on contribution receptacle (II)
n
LIBRARY MATERIALS:
Overdue library materials (V)
Unreturned library materials (III)
n MOVING ORDINANCE:
Failure to provide information required in estimate (II)
Failure to provide estimate (I)
Failure to provide information required in service contract (II)
Failure to provide service contract (I)
Charges in excess of written estimate (I)
Refusal to relinquish household goods (I)
Failure to provide written inventory (II)
Failure to disclose liability coverage (I)
CONTRACTORS:
Advertising; unlawful advertising prohibited (II)
Certificates of competency required (II)
Insurance; contractors required to maintain liability insurance (II)
License; occupational license required (III)
License; display of occupational license required (III)
Signs of vehicles; standards and requirements (III)
Unlawful acts or omissions by contractors (II)
If hazardous to the public (I)
DRUGS & TOXIC SUBSTANCES:
Adulterated or misbranded drugs; sale of prohibited (I)
Advertising drugs; regulations and requirements (I)
Cannabis; possession of preparations containing cannabis prohibited (I)
Handling drugs under unsanitary conditions prohibited (I)
Prescriptions; failure to keep proper files and allow inspection (I)
Sales; unlawful sales of certain drugs and chemicals (I)
Sales; unlawful sales without prescriptions (I)
Use or sale of certain hazardous chemicals prohibited (I)
Withholding from sale articles believed to be in violation required (I)
ENVIRONMENTAL MANAGEMENT:
Inoperative vehicles (III)
Burning; open burning prohibited (IV)
Noise violation (I)
Smoke; emission of dense smoke prohibited (III)
Prohibited vehicles (III)
Improper outdoor storage (III)
EXPLOSIVES AND INFLAMMABLES:
Location; gasoline delivery devices not to be on sidewalks (II)
Storage: installation requirements for aboveground storage tanks (II)
Permit required for bulk storage (II)
Permit required for the storage of explosives (II)
Type, construction and design of storage tanks (II)
FIRE PREVENTION:
Alarms; false alarm reports prohibited (II)
Certificate of occupancy required (II)
Code; violations of Fire Prevention Code prohibited (II)
Heaters; portable oil heaters prohibited (II)
Interference with members of the fire department prohibited (II)
Orders; refusing to obey orders of fire officers (II)
Smoking or carrying of lighted objects in specified places prohibited (II)
FOOD & FOOD HANDLERS:
n
GENERAL:
Failure to obtain all necessary certificates, licenses and permits (I)
Failure to withhold from sale food believed to be in violation of food
regulations (I)
Handling of food under unsanitary conditions prohibited (I)
Ice; sale or distribution when unfit for human consumption prohibited (I)
Impersonating an officer of the health department prohibited (I)
Sale, manufacturing or possessing adulterated or misbranded food prohibited (I)
Sale of meats to which sulphurous acid has been added prohibited (I)
Cleanliness; machinery and fixtures required to be kept clean (I)
Garbage and waste; required to be kept in containers (I)
Peddling of fruits, vegetables, meats and fish; proper protection of food when
conveyed through streets required (I)
Refrigeration; sufficient working facilities required; regulations (I)
Re-service of food prohibited (I)
Ventilation; proper ventilation required for all ranges, stoves and ovens (I)
n
PREMISES:
Construction, maintenance and
cleanliness regulation regarding walls, ceilings and floors;
violation of regulation (I)
Grease traps and interceptors required and must be properly maintained (I)
Toilet and lavatory facilities, regulations and requirements; violation of (I)
Ventilation, lighting and cleanliness regulations and requirements; violation
of (I)
Vermin; premises required to be protected against vermin (I)
Water; ample hot and cold running water required (I)
Failure to submit grease trap and interceptor cleaning or pumping reports (I)
GARBAGE AND REFUSE:
n
GENERAL:
Burning of garbage or rubbish;
incinerators; regulations and requirements (IV)
Permits required for garbage or rubbish burial (IV)
Unlawful accumulations of refuse prohibited (III)
Unlawful disposal of garbage, refuse or
rubbish prohibited (III)
n
COLLECTORS
(PRIVATE):
Area between property lines and curbs to remain clean (IV)
Departures from allowed methods of making collections and routes
to travel prohibited (IV)
Insurance; private collectors required to obtain liability insurance (IV)
Permits; failure to obtain required permits (IV)
Time of container placement; violation of (IV)
n
CONTAINERS:
Adequate containers required;
violations of approved specifications (III)
Covers; containers required to be kept tightly covered (IV)
Locations of containers; violation of regulations (IV)
Underground installations prohibited (IV)
Garbage and other refuse required to be stored in containers (III)
HEALTH & SANITATION:
Burials; other than in authorized
cemetery prohibited (II)
Mosquitoes; permitting premises to become a breeding place prohibited (II)
n RATS:
Affording food or harborage for
rats prohibited (II)
Buildings required to be freed of rat harborage (II)
Poultry and stock feed required to be kept in ratproof containers or
in ratproof buildings (II)
Removal ratproofing prohibited (II)
HOUSING:
n GENERAL:
Abatement of substandard or unsafe buildings required (I)
Placarding dangerous building against habitation required; removal of
placards prohibited (I)
Violations of restrictions on furnishing utilities services to substandard
dwellings (I)
n
MINIMUM STANDARDS:
Failure to meet minimum standard requirements for:
Air and water heating (II)
Cleanliness of dwelling units (III)
Cleanliness of plumbing fixtures (III)
Cleanliness of public area of multiple dwellings (III)
Electric service (I)
Gas service (I)
Light and ventilation (II)
Maintenance (III)
Plumbing systems and equipment (I)
Space, use and location (III)
Storage of junk (III)
HOTELS, MOTELS & ROOMING HOUSES:
Failure to meet minimum standard requirements for:
Egress (III)
Light and ventilation (III)
Space, use and occupancy (III)
Toilet and bathing facilities (III)
JUVENILES:
Curfew violations (III)
LAND DEVELOPMENT REGULATIONS:
Drainage regulations violation (I)
Flood damage prevention regulations violation (I)
Floodplain management regulations violation (I)
Site plan regulation; failure to obtain a permit (I)
Site plan regulation; failure to comply with a site plan permit (I)
Stormwater regulations violation (I)
Subdivision regulations violation (I)
Wellfield protection regulations violation (I)
MOBILE HOMES:
Failure to meet minimum standard requirements for:
Air and water heating (II)
Cleanliness of premises (IV)
Construction and maintenance (IV)
Electrical installations (I)
Garbage disposal facilities (IV)
Gas service (I)
Light and ventilation (II)
Plumbing fixtures (I)
Toilet and bathing facilities (III)
Screens required on windows and doors (IV)
MOBILE HOMES & MOBILE HOME PARKS:
Diagram or plat of mobile home park required (IV)
Health and sanitation; minimum requirements must be satisfied (II)
Mobile homes; anchoring and securing of mobile homes required (I)
Mobile homes; blocking of mobile homes required (II)
Location; mobile homes used for dwelling purposes to be located
only in mobile home parks (IV)
Parked or stored mobile homes or travel trailers to comply with
setback requirements (IV)
Permit required for anchoring and blocking of mobile homes (II)
Permit required for mobile home park operation (IV)
Registration of changes in mobile home park management required (IV)
Registration of mobile home park occupants and keeping of proper records
required (IV)
PARKS, RECREATION AND PRESERVES:
Littering prohibited (V)
Performing prohibited acts in parks and preserves (IV)
Performing acts which require special permission without first obtaining
such permission (IV)
RAILROADS:
Obstruction of public ways prohibited (I)
Unlawful speed prohibited (I)
SEWERS & SEWAGE DISPOSAL:
Connection to sanitary sewer and
abandonment of private sewage disposal
facilities required (I)
n
DISCHARGE:
Harmful, dangerous or nuisance wastes to sewer system prohibited (I)
Untreated sewage or polluted waters to surface or groundwater, or in unsanitary
manner prohibited (I)
Unauthorized discharge of waste or septic tank waste to sewer system prohibited
(I)
Routing of surface runoff sources or groundwater to sewer system prohibited (I)
n
PERMITS
AND INSPECTIONS:
Permits prior to connection or alteration to sewer system required (I)
Industrial user permit, pretreatment, payment of industrial surcharge, and/or
industrial sampling points required (I)
Periodic reports from all federal categorical industrial users required (III)
Inspection before construction or alteration of facilities required (III)
Access for Sewer Department/DER/EPA to property authorized (II)
Septic tanks abandoned and declared hazardous to be rendered inoperative (II)
SHERIFF:
Discharge of Firearms within
SOLID WASTE:
Flow control ordinance violation
(I)
Removal of recyclable material from collection centers (III)
Solid waste disposal facility ordinance violation (I)
Unacceptable disposal and removal of hypodermic needles and/or syringes (I)
Unlawful disposal (I)
STREETS & SIDEWALKS:
Debris; leaving building
construction debris in public ways prohibited (III)
Illumination; objects in streets required to be illuminated (III)
Mailboxes; maintenance of mailboxes in rights-of-way prohibited (III)
Obstruction of public ways or buildings prohibited (III)
Permit required for building, repairing or removing structures in or on street
(III)
Permit required for doing business on streets or sidewalks (III)
Permit required for changing surface area of street (III)
Roadway solicitation ordinance violations (III)
Violations of standards, regulations and requirements pertaining to curbs,
sidewalks
and public benches (IV)
n PARADES:
Parking on parade routes;
regulation of required (III)
Permit required for parades (III)
Possession of parade permit required (III)
Public conduct during parades; regulation of (III)
TOURIST DEVELOPMENT:
Tourist development tax ordinance violations (I)
UTILITIES:
Access to premises supplied with
water required (IV)
Connections to city water system; violation of regulations (III)
Lines; overhead utility lines within the rights-of-way of interstate highway
and other
freeways prohibited (IV)
Metering of city gas required (IV)
Meter required prior to connection with city water (IV)
Meter; use of city water without a meter prohibited (III)
Meter; devices preventing the full metering of water prohibited (III)
Sprinkling with city water during
daylight hours prohibited under certain
circumstances (II)
VEGETATION:
Adhering to upland buffer
requirements (I)
Adhering to upland preservation area requirements (I)
Failure to remove trees or branches in danger of falling upon a public way or
property
of another (IV)
Maintaining trees and shrubs in utility easements prohibited (IV)
Maintaining minimum landscape requirements (I)
Minimum height of branches overhanging public ways; failure to comply (IV)
n TREES:
Protection of trees during construction activities required (I)
Protection of trees while filling land required (I)
Removal of trees without a permit prohibited (I)
VEHICLES FOR HIRE:
Appearance of taxicabs; required
information, color scheme and signs (III)
Failure to obtain and display all required certificates, badges, emblems,
permits
and licenses (III)
Meters required on all taxicabs (III)
Rates; posting of rates required (III)
Rates; charges to be in accordance with posted tariffs (II)
MISCELLANEOUS ORDINANCE, MARINE PATROL, FISH AND WILDLIFE CONSERVATION
COMMISSION AND NATURAL RESOURCES VIOLATIONS:
All zoning violations not herein specifically provided shall be deemed to be Class III offenses.
All other violations not herein specifically provided shall be deemed to be Class V offenses except that failure to comply with licensure and permit requirements in section 372.57, Florida Statutes, shall be assessed a $50 fine pursuant to section 372.711, Florida Statutes.
Fines may be doubled for a second offense and for each subsequent offense thereafter.
LOCAL COUNTY/CITY ORDINANCE VIOLATIONS
|
|
FINE |
COSTS* |
TOTAL |
|
CLASS I |
$200.00 |
$13.00 |
$213.00 |
|
CLASS II |
$175.00 |
$13.00 |
$188.00 |
|
CLASS III |
$125.00 |
$13.00 |
$138.00 |
|
CLASS IV |
$100.00 |
$13.00 |
$113.00 |
|
CLASS V |
$ 75.00 |
$13.00 |
$ 88.00 |
CONTESTED UNCONTESTED
|
|
FINE |
COSTS* |
TOTAL |
|
CLASS I |
$200.00 |
$58.00 |
$258.00 |
|
CLASS II |
$175.00 |
$58.00 |
$233.00 |
|
CLASS III |
$125.00 |
$58.00 |
$183.00 |
|
CLASS IV |
$100.00 |
$58.00 |
$158.00 |
|
CLASS V |
$ 75.00
|
$58.00 |
$133.00 |
*COSTS
INCLUDE:
$3.00 ADDITIONAL COURT COST CLEARING TRUST FUND, 938.01,
(Not
assessed in uncontested cases)
$2.00 CRIMINAL JUSTICE EDUCATION FOR LOCAL GOVERNMENT, 938.15,
(Costs
shall not be assessed if no court appearance or for cases where adjudication of
guilt is withheld.)
$40.00
COST RECOVERY, § 34.045 (1)(b),
$10.00
FILING FEE RECOVERY, § 34.045 (1)(c) Fla. Stat.
$3
ORDINANCE VIOLATIONS WITH CORRESPONDING
WRITTEN BY:
CO
|
|
FINE |
COSTS** |
TOTAL |
|
CLASS I |
$200.00 |
$273.00 |
$473.00 |
|
CLASS II |
$175.00 |
$271.75 |
$446.75 |
|
CLASS III |
$125.00 |
$269.25 |
$394.25 |
|
CLASS IV |
$100.00 |
$268.00 |
$368.00 |
|
CLASS V |
$ 75.00 |
$266.75 |
$341.75 |
|
Licensure and permit violations |
$ 50.00 |
$265.50 |
$315.50 |
**COSTS
INCLUDE:
$3.00 ADDITIONAL COURT COSTS CLEARING TRUST FUND, 938.01, Fla. Stat.
$2.00 CRIMINAL JUSTICE EDUCATION FOR LOCAL GOVERNMENT, 938.15, Fla. Stat.
(Costs
shall not be assessed if no court appearance or for cases where adjudication of
guilt is withheld.)
$50.00 CRIMES COMPENSATION TRUST FUND,
938.03(1), Fla. Stat.
5% OF FINE SURCHARGE, 938.04, Fla. Stat.
$50
FINE AND FORFEITURE, 938.05,
$20
CRIME PREVENTION, 775.083(2), Fla. Stat. (Costs
not assessed for cases when adjudication of guilt is withheld).
$20
CRIME STOPPERS, 938.06,
$65
COURT AND JUVENILE PROGRAMS, 939.185,
$40
COST RECOVERY, § 34.045 (1)(b),
$10.00
FILING FEE RECOVERY, § 34.045 (1)(c) Fla. Stat.
$3
EXCEPTION: VIOLATIONS OF CHAPTERS 327 OR 328 ARE CLASSIFIED AS
NON-CRI
IN CASES WHERE THE ISSUANCE OF A SUMMONS IS REQUIRED, ADDITIONAL COSTS FOR THE SUMMONS AND SERVICE OF THE SUMMONS SHALL ALSO BE ASSESSED.
ATTACHMENT B
INSTRUCTIONS FOR PROSECUTING LOCAL ORDINANCE
VIOLATIONS IN
CITATION/NOTICE TO APPEAR
Although the
Citation/Notice to Appear serves many purposes, these instructions address only
the usage of the form for non-criminal violations. These include ordinance violations and
misdemeanors where there is no arrest and the Notice to Appear section is used
to cite the civil penalty owed or notify the alleged offender of a required
court date and time.
Once a Citation/Notice to Appear is issued, it may not be dismissed simply because the cited party complies with the applicable ordinance or corrects a violation. Therefore, if you would be satisfied with compliance or correction, use all proper means short of issuance of a Citation/Notice to Appear to accomplish your purpose.
n
COMPLETING THE CITATION/NOTICE TO APPEAR:
The Citation/Notice to Appear is on NCR paper. However, in filling in the blanks you must type or print firmly enough to show on all copies.
Fill in every blank on the form. If it is not applicable to the
particular charge, write “N/A” in the blank.
An officer issuing a Citation/Notice to Appear shall inform the defendant that he or she may plead guilty or no contest by signing the plea and waiver on the back of his or her copy of the Citation/Notice to Appear and forwarding it to the Clerk of the Circuit Court at the address indicated, with a check or money order in the amount of the fine. Otherwise, he or she must either file a written plea of not guilty in person or by mail or appear in court on the day and time specified. If a defendant is charged with a violation that requires a mandatory court appearance, the officer shall explain that the defendant must appear in court on the day and time specified.
In the event the defendant refuses to accept a copy of the
Citation/Notice to Appear or to acknowledge it by signing where defendant's
signature is specified, the issuing officer shall note such occurrence on the
face of the Citation/Notice to Appear and leave the defendant's copy in his/her
presence or post it in a conspicuous location on the premises. The
issuing officer shall also note on the face that a copy of the Citation/Notice
to Appear was left with the defendant.
When the issuing officer returns an unsigned Citation/Notice to Appear
to the appropriate agency, the officer shall sign a certification that he or
she left a copy with the defendant or conspicuously posted it. The
leaving/posting of the Citation/Notice to Appear constitutes sufficient notice
to a defendant and the defendant is required to comply. However, failure to comply will result in the
issuance of a summons rather than a capias.
n FILING THE CITATION/NOTICE TO APPEAR (PLEASE
REFER TO FLOW CHART):
Within 48 hours after a copy of the Citation/Notice to Appear is given
to the defendant, copies of the Notice to Appear for the Clerk and the State
Attorney must be sent to the Clerk of the Circuit Court, County Criminal Court
Records, 14250 49th St. N., Clearwater, FL 33762, or placed in your
agency’s pick-up location for the Clerk’s courier.
If the citation has not been issued by a police officer, the County or
Municipal Prosecutor may decline to endorse it.
In such a situation, he or she must write “void” across the original
Citation/Notice to Appear; and if a copy of the Citation/Notice to Appear has
been provided to the defendant, the Clerk of the Circuit Court must be advised
that the charge has been voided. This can be accomplished by forwarding a
copy of the voided Citation/Notice to Appear to the Clerk.
Note, however, that if the citation has been issued by a police
officer, then it may not be voided by the County or Municipal Prosecutor but is
instead forwarded to the State Attorney for prosecution.
The additional copy of the Citation/Notice to Appear may be retained by the agency. It is recommended that the issuing officer’s department and the authorized prosecutor keep a copy of the Citation/Notice to Appear.
n PROSECUTING WHERE CITATION/NOTICE TO APPEAR HAS NOT BEEN ISSUED BY A POLICE OFFICER (PLEASE REFER TO FLOW CHART):
When the Citation/Notice to Appear is received in the Clerk's office, it is entered in the computer and assigned a case number. If it is not voided by the County or Municipal Prosecutor, the Clerk then calendars the case for appearance on the date you have listed on the Notice. If the defendant has not paid the fine prior to the hearing date and does not appear in Court or enter a written plea of not guilty, a capias may be issued for the arrest of the defendant. However, a capias will not be issued in those cases where the defendant has refused to sign the Notice to Appear acknowledging the receipt of a copy or when the Notice to Appear has been posted at the property of the defendant. In such cases, if the defendant does not appear the Court will direct the Clerk to issue a Summons for a subsequent date and the Clerk shall arrange for service of the Summons on the defendant in accordance with law. The Clerk may assess a fee for the issuance of the summons in accordance with section 28.24, Florida Statutes. The fee for issuance by the Clerk and the cost of service assessed by the Sheriff shall be added to the costs assessed to the defendant.
The County or Municipal Prosecutor is responsible for adequately preparing any case that is set for trial, including issuing witness subpoenas and responding to all demands for discovery.
All pre-trial motions shall be heard on the day of trial unless the
defendant and the Prosecutor stipulate to the contrary.
The original court files will be kept in the Clerk's office in the County Criminal Court Records at the Criminal Justice Center, 2nd floor.
Pursuant to Fla. R. Crim. P. 3.111, this Administrative Order shall serve as a written order of no incarceration for all cases governed by it. However, if the Prosecutor requests incarceration as a possible penalty and the court grants this request, such grant must be stated in the record and the court must appoint counsel for the defendant.
Each city or other governmental unit must advise the Clerk’s office in County Criminal Court Records of the name of its current authorized prosecutor or prosecutors.
FISH AND WILDLIFE CONSERVATION COMMISSION CASES:
All minor violations Class (V)
The Florida Fish and Wildlife Conservation Commission will issue citations on the required state form issued to the agency. Upon issuance, the form must be completed and defendant's signature must be obtained. In addition, the Instructions to Violator Form (sample below) must be completed and a copy attached to the citation given to the defendant if the information is not available on the reverse side of the defendant's copy. The original is to be forwarded to the Clerk of Court, County Criminal Court Records. Insert amount of fine (See approved Uniform Fine Schedule) on the Instructions to Violator Form and on upper right corner of Court copy of citation.
Any person cited for a violation by the Florida Fish and Wildlife
Conservation Commission may elect to enter a written plea of guilty or no contest
and pay a civil penalty, to satisfy a Class V offense without the necessity of
a court appearance.
********************************************************************************************************
SAMPLE
INSTRUCTIONS TO VIOLATOR FORM—FISH AND WILDLIFE
___________________________________ ____________________
VIOLATOR’S
NAME
DATE
INSTRUCTIONS TO VIOLATOR
YOU MUST, WITHIN THIRTY (30) CALENDAR DAYS OF TODAY'S DATE, DO ONE OF THE
FOLLOWING:
1.
If you desire to plead guilty or no contest and not appear in Court, you
must pay a fine of $_______ including court costs, either in person or by mail
at the address listed below. If you pay the fine you will be deemed to
have admitted the civil infraction and you will be adjudicated guilty of the
violation. If you desire to pay the fine by mail, you must sign the Plea &
Waiver below and enclose it with your citation and payment. Checks or
money orders are to be made payable to Clerk of Circuit Court.
2.
If you wish to plead not guilty and appear in court, you must enter a
written plea of not guilty either in person or by mail at the
3. Violations of law under the jurisdiction
of the Fish and Wildlife Conservation Commission may be considered misdemeanors. All convictions will be on record.
I HEREBY CERTIFY that I received a copy of
these instructions on the above listed date.
VIOLATOR/DEFENDANT’S SIGNATURE
PLEA & WAIVER
I understand the nature of the charge against me; I understand I am waiving my rights to be represented by an attorney, to request a continuance of my hearing and my right to a trial before a judge or a jury.
I plead ______ Guilty ______ No Contest
Defendant______________________________________________________________
Date
Address
*******************************************************************************************************************
***MOST IMPORTANT--DATE FOR
COURT APPEARANCE***
At the time a municipal ordinance Citation/Notice
to Appear is written, count five Thursdays forward, and in accordance with the
calendar, set the court appearance date for Thursday returnable to the 3rd
floor, Courtroom 15, of the Pinellas County Criminal Justice Center, 14250 49th
St.,
At the time a county ordinance Citation/Notice to Appear is written, count five Fridays forward, and in accordance with the calendar, set the court appearance date for Friday returnable to the 3rd floor, Courtroom 15, of the Pinellas County Criminal Justice Center, 14250 49th St., Clearwater, Florida.
All Thursdays are available for municipal ordinance violations and all Fridays are available for county ordinance violations unless advised to the contrary or the Thursday or Friday coincides with a court holiday.
Ordinance Violations
