IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

 

ADMINISTRATIVE ORDER NO. 2007-055 PA-CIR

 

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IN RE:            COURT MONITORING OF JAIL OVERCROWDING

PASCO COUNTY

 

The Sheriff of Pasco County is responsible pursuant to section 951.061, Florida Statutes, for operation of the county jail. 

 

The Chief Judge requested information from the Pasco County Sheriff regarding the number and types of inmates in the county jail and the Sheriff has provided the information requested.  The rated capacity of the facility at Land O’ Lakes and the facility at New Port Richey is 893 inmates.  The information provided by the Sheriff reflects that the population of the jail has exceeded capacity by a significant margin with an average of 1341 inmates in January 2007,  1171 inmates in February 2007, 1250 inmates in March 2007, and 1432 in April 2007.  Because of the overcrowding, the Sheriff found it necessary to transport inmates to other counties.  A Minimum Security Annex has been opened by the Sheriff at the Land O’ Lakes location, increasing the capacity by an additional 118 beds and allowing the inmates held out of county to be returned to Pasco County.

 

The Legislature has passed Chapter 2007-2, Laws of Florida, the Anti-Murder Act, which requires persons on felony probation for enumerated felony offenses to be retained pending resolution of the violation of probation.  This new law is likely to significantly increase the population in the jail even further.  In addition, the Legislature has gradually increased the penalties for various crimes resulting in an impact upon the courts and the jail.    

 

Due to overcrowding, the Sheriff has requested that the Court authorize the release of certain inmates.  The Court has determined that all means of addressing overcrowding should be exhausted prior to releasing sentenced inmates.  When release is necessary, certain persons who have not been convicted of a crime should be released before those who have been convicted of a crime and misdemeanants should be released prior to releasing felons.  Mechanisms need to be in place so that crime victims are notified prior to inmate release and are afforded the right to be heard.

 

The Court has a significant concern for public safety and wants to ensure that those who are released from jail pending trial and those who must be released early from their sentence because of jail overcrowding do not pose a significant risk to the public or to crime victims.

 

Because of overcrowded conditions, the Court is concerned for the safety and security of persons who work in the jail, lawyers who visit their clients at the jail, and other persons who perform services at the jail.  The court is also concerned for the safety of the inmates due to overcrowded conditions.

 

In order to detain those persons who are required by law to be detained, who pose a significant risk to the public, or who are unlikely to appear at subsequent proceedings, and in order to provide additional measures to the Sheriff to address potentially unsafe conditions in the County jail,

 

IT IS ORDERED:   

 

1.  All law enforcement agencies in Pasco County are urged to use a Notice to Appear, pursuant to Rule of Criminal Procedure 3.125, where permitted by law.

 

2.  The Sheriff is hereby authorized to release any person on his or her own recognizance (ROR) who is in pre-trial status on a warrant from another jurisdiction and charged with an ordinance violation, misdemeanor, or an offense specified in Attachment A provided:

 

a.  the Sheriff has sent written notice to the other jurisdiction that the inmate

will be released pursuant to this Administrative Order if the inmate is not picked

up within 72 hours from notification, excluding weekends and holidays,

 

b.  the other jurisdiction has not picked up the inmate in accordance with the notification, and

 

c.  the inmate is not subject to the provisions of Chapter 2007-2, Laws of Florida

or is not otherwise required by law to be held.   

 

3.  The Sheriff is hereby authorized to release any person on pre-trial status who is a member of the United States Armed Forces to the custody of MacDill Air Force Base unless the inmate is subject to the provisions of Chapter 2007-2, Laws of Florida or unless the inmate is otherwise required by law to be held.

4.  The following procedures are implemented for setting bond for defendants at those Pasco Counties receiving facilities housing defendants.

A. ARRESTING OFFICER - FUNCTION AT BOOKING DESK

     1. The arresting officer shall complete all information on the booking advisory sheet, setting forth the statute number and the degree of the crime for which the defendant is charged, together with a short statement of the facts involved in the alleged crime.

     2. The arresting officer shall specifically ask the defendant for his or her current residence address. The arresting officer shall not rely upon any identification furnished by the defendant, unless the defendant is unable to verbally advise the officer of the address. The name and address of the defendant shall be listed on the booking advisory sheet.

     3. The arresting officer shall leave the bond portion of the booking advisory sheet blank, unless the defendant was arrested upon a warrant, in which case the bond set on the warrant shall be entered.

 

     4. For any arrest which has been made based upon probable cause with no warrant involved and where the arresting officer possesses specific reason(s) to believe that a bond, in an amount higher or lower than the amount established pursuant to this Administrative Order should be set, the arresting officer may personally contact a judge and said judge may set a bond outside of the provisions of this Administrative Order. The arresting officer shall enter the amount of bond, as set by the judge, upon the booking advisory sheet specifically annotating which judge approved the bond amount.

            B.  BOOKING OFFICER - FUNCTION

1. For the purposes of this Administrative Order, the term "booking officer" shall mean the employee of the receiving facility who receives the prisoner from the arresting officer.

     2. For persons charged with an ordinance violation or a first or second degree misdemeanor, the booking officer may issue a Notice to Appear (NTA) in accordance with Rule of Criminal Procedure 3.125 if the booking officer determines that there is a likelihood that the accused will appear as directed and the defendant is not otherwise required to be held.

 

3.  The booking officer shall specifically ask the defendant to verify his or her current residence address. The booking officer shall not rely on any address listed on any identification in the possession of the defendant, unless the defendant is unable to verbalize his or her address.


     4. If the arrest is based upon a warrant, the booking officer shall confirm that the bond on the warrant has been correctly placed on the booking advisory sheet, and, if not, enter the bond amount set out in the warrant.


     5. If the defendant is being booked by virtue of an arrest based on probable cause, the booking officer shall enter the bond amount on the booking advisory sheet, in the space provided for that purpose.

 

6. With every defendant, the booking officer shall follow the recommended bond set forth by this Administrative Order for the particular degree of crime charged unless the booking officer determines:

 

a. that a lower bond or ROR is more appropriate than the recommended                      bond in which case the booking officer may set the bond down to the lower          end of the bond schedule, or

b. that a higher bond is more appropriate than the recommended bond based         on the guidelines set forth in this Administrative Order in which case the        booking officer may set a higher bond up to the maximum allowable              pursuant to this Administrative Order. In order to increase the bond the          booking officer must specifically set out, in writing on the booking advisory  sheet one or more of the aggravating factors enumerated below; or

c. that the arresting officer has contacted a judge pursuant to A.4. above and a judge has authorized a bond different from this Order.

7. Aggravating factors which the booking officer is permitted to consider when an increase in the bond amount is contemplated are:

 

a. At the time of arrest, the defendant had committed more than one offense.

b. The defendant cannot provide a local address or a permanent place of

residence in the Tampa Bay area.

c. The defendant has a prior criminal record.

d. The defendant is on probation, parole, community control or any other

form of supervision.

e. There are outstanding warrants or holds for the defendant from this or

any other jurisdiction.

f. The arresting officer or booking officer has reason to believe that should

the defendant be released, bodily injury may be inflicted upon the alleged

victim or another by the defendant.

g. The arresting officer or booking officer has reason to believe that should

the defendant be released from custody, the defendant would not return to

court when summoned.

 

            If the booking officer finds aggravating factors f or g, the basis for those aggravating factors should be stated in writing on the complaint advisory affidavit.


C.  RANGE OF BOND - RECOMMENDED AMOUNT

For offenses added to the statutes subsequent to the date of this Order, these ranges of bonds will be used for the new offenses, unless otherwise provided in a subsequent administrative order.

 

 

Bond Range Schedule for Felonies, Misdemeanors, Criminal Traffic, and Arrested Municipal Ordinance Violations

 

 Category of Crime

 Low Bond

High Bond 

Recommended Bond

 1.

 Capital Felony

None

None

None

 2.

 Life Felony
*Exception -  See below

$100,000

None

None

 3.

 1st Degree Felony (P. B. Life)

$50,000

None

$150,000

 

 Other Exception
2nd Degree Murder §782.04(2), (3), Fla. Stat.

$100,000

None

None

 4.

 1st Degree Felony (other than P. B. Life)
*Exception - See Below

$10,000

$100,000

$50,000

 5.

 2nd Degree Felony

*Exception - See Below

$5,000

 

$20,000

 

$10,000

 

 

2nd Degree Felony

Eligible if specified on

Attachment A

ROR –SUPERVISED

$10,000

 

$5,000

 

 6.

 3rd Degree Felony
*Exception - See Below

ROR – SUPERVISED

$10,000

 

$5,000

 

 

3rd Degree Felony

Eligible if specified on

Attachment A

ROR – SUPERVISED

$5,000

 

$2,000

 

 7.

 1st Degree Misdemeanor
*Exception - See Below

ROR – UNSUPERVISED

 

$500

 

$150

 

 Other Exceptions **

 

 

 

 

DUI or BUI- Property Damage

1st or 2nd offense
§316.193(3)(c)1, or §327.35(3)(c)1, Fla. Stat.

 $250

$1,000

$500

 

DUI or BUI- Property Damage

3rd offense

§316.193(3)(c)1, or

§327.35(3)(c)1, Fla. Stat.

$500

$1,000

$1,000

 

  Failure to Appear (FTA)  

  §843.15(1)(b), Fla. Stat.

$250

$1,500

$500


 

   Prostitution offenses, 2nd and

   subsequent offense §796.07,

   Fla. Stat.

ROR – UNSUPERVISED

$500

 

$250

 

 8.

 2nd Degree Misdemeanor
*Exception - See Below

ROR - UNSUPERVISED

$250

 

ROR – UNSUPERVISED

 

 Other Exceptions

 

 

 

 

Disorderly Intoxication §856.011, Fla. Stat.

ROR –

UNSUPERVISED

$250

$100

 9.

 Criminal Traffic

ROR – UNSUPERVISED

 

$250

 

ROR –

UNSUPERVISED

 

 

 Exceptions **

 

 

 

 

 DUI or BUI- No Property Damage

 1st or 2nd offense
 §316.193(2)(a) or  §327.35(2)(a),

 Fla. Stat.

ROR –

UNSUPERVISED

$500

ROR –

UNSUPERVISED

 

           DUI or BUI- No Property Damage

3rd offense

§316.193(2)(a) or

§327.35(2)(a), Fla. Stat.

ROR – SUPERVISED

 

$1,000

ROR –

SUPERVISED

 10.

 Municipal Ordinance 

 Violations

 

ROR –

UNSUPERVISED

$250

ROR –

UNSUPERVISED

 

* Exception - For all categories except capital crimes where the bond is automatically "none"; for all crimes of domestic violence as defined by §741.28, Florida Statutes; non-domestic stalking (§784.048(2), Florida Statutes), any violation of a domestic violence injunction (§741.30(9)(b), Florida Statutes), any violation of an injunction for dating, repeat or sexual violence (§784.046, Florida Statutes), or for violation of pretrial release where the original arrest was for an act of domestic violence (§741.29(6), Florida Statutes), the defendant is to be held with no bond until his or her first appearance hearing before the judge who can then set bond for the defendant.

 

** Exceptions:  For DUI and BUI, pursuant to section 316.193(9) and 327.35(8), Florida Statutes, the defendant is to be held until the person’s blood-alcohol level or breath is 0.05 or 8 hours have elapsed from the time the person was arrested. 

 

***  Attachment A is a list of eligible second and third degree felonies.

 


5.  The judges who preside over first appearances pursuant to Rule of Criminal Procedure 3.130, (advisories) or bond calendars are encouraged to ROR persons with or without electronic monitoring when the offender is charged with a misdemeanor or an eligible second or third degree felony and the judge has determined the defendant is likely to appear for further proceedings before the court, unless prohibited by Chapter 2007-2, Laws of Florida or other provisions of law.

 

6.  For misdemeanor offenses which will be charged by an information, the Sheriff is authorized to issue a Notice to Appear to any pre-trial defendant who is charged with a misdemeanor and does not have a felony charge when the State Attorney has not filed an information within seven (7) days following first appearance excluding weekends and holidays.  The Sheriff shall not release persons pursuant to this paragraph who are charged with crimes of domestic violence as defined by §741.28, Florida Statutes; non-domestic stalking (§784.048(2), Florida Statutes), any violation of a domestic violence injunction (§741.30(9)(b), Florida Statutes), any violation of an injunction for dating, repeat or sexual repeat violence (§784.046, Florida Statutes), or for violation of pretrial release where the original arrest was for an act of domestic violence (§741.29(6), Florida Statutes).

 

7.  The Public Defender is encouraged to meet with his clients as soon as possible after appointment so that cases can be expedited where appropriate.  When the Public Defender and the State Attorney have agreed to a bond reduction or agreed to a plea, and the Public Defender is unable to get that case on a calendar for the change of plea or bond reduction hearing within three (3) business days, the Public Defender shall forthwith provide the case number to the Pasco Administrative Judge.   

 

8.  The Sheriff is encouraged to explore all legal means to house pre-trial and sentenced offenders including but not limited to:

 

a.  contracting with other jurisdictions that have bed space to house persons sentenced to county jail time. 

 

b.  establishing a reduced custody housing area pursuant to section 951.23(7), Florida Statutes.

 

c.  seeking assistance from the Department of Corrections pursuant to section 951.23, Florida Statutes. 

 

d.  expanding the ROR program to include defendants who are not appropriate for the current supervised ROR program but who would be appropriate for ROR with electronic monitoring.

 

9. The Sheriff is encouraged to transport inmates sentenced to the Department of Corrections or other jurisdictions as soon as possible after sentencing.

 

10.  Structured release of pre-trial detainees. 

 

When the population of the jail exceeds 1,418, the Sheriff is hereby authorized to

release all inmates who fall within category (a) below.  Should this fail to reduce the population to 1,418 or fewer, the Sheriff is hereby authorized to release all inmates in each successive category, one category at a time, until the population is reduced to 1,418 or fewer.  Persons who are held on a charge of Failure to Appear or held on a capias for Failure to Appear, or who are required by Chapter 2007-2, Laws of Florida or other provisions of law to be held shall not be released.  Persons who are held for crimes of domestic violence as defined by §741.28, Florida Statutes; non-domestic stalking (§784.048(2), Florida Statutes), any violation of a domestic violence injunction (§741.30(9)(b), Florida Statutes), any violation of an injunction for dating, repeat or sexual violence (§784.046, Florida Statutes), or for violation of pretrial release where the original arrest was for an act of domestic violence (§741.29(6), Florida Statutes) and persons held on a violation of probation shall not be released through structured release but may be released through structured review provided in paragraph 11. Persons who are being held on a warrant from another jurisdiction shall not be released pursuant to this paragraph but may be released pursuant to paragraph two or three.  

 

a.  all inmates whose highest charge is a local ordinance violation may be released on unsupervised ROR.

                                                                

b.  all inmates whose highest charge is a misdemeanor who have been held in excess of 30 days may be released on unsupervised ROR.

 

c.  all inmates whose highest charge is a misdemeanor who have been held in excess of 10 days may be released on unsupervised ROR.

 

d.  all inmates who highest charge is a misdemeanor may be released on unsupervised ROR.

 

11.    Structured review of pre-trial detainees

 

            If the structured release of pre-trial detainees specified in paragraph 10 has been fully implemented but the population of the jail exceeds 1,418, the Sheriff shall notify the Pasco Administrative Judge, the State Attorney, and the Public Defender.  The Sheriff shall provide the Public Defender with the information needed to set inmates, one category at a time, on a bond calendar.  If the defendant is pro se or is represented by private counsel, the Sheriff shall provide Court Administration with the information needed for a representative of the court to set the defendant on a bond calendar.  The Public Defender and the representative of the court shall set such defendants in category (a) and those in each successive category, one category at a time, on a bond calendar until the population is reduced to 1,418 or fewer.  The defendants shall be set for further review of bond status on a bond calendar that will allow for adequate notice to the victim, if any.  Persons who are held on a violation of probation shall only be set on such calendars pursuant to subparagraph (a) or subparagraph (j).  Persons who are held on a charge of Failure to Appear or held on a capias for Failure to Appear, or who are required by Chapter 2007-2, Laws of Florida or other provisions of law to be held shall not be included on such bond calendars.

 

a.  all inmates whose highest charge is domestic violence as defined by

§741.28, Florida Statutes; non-domestic stalking (§784.048(2), Florida

Statutes), any violation of a domestic violence injunction (§741.30(9)(b),

Florida Statutes), any violation of an injunction for dating, repeat or sexual

violence (§784.046, Florida Statutes), or for violation of pretrial

release where the original arrest was for an act of domestic violence

(§741.29(6), Florida Statutes), or inmates who are held on a misdemeanor violation of probation.

 

b.  all inmates whose are charged with no more than one offense listed in Attachment A who have been held over 90 days.

 

c.  all inmates who are charged with no more than one offense listed in Attachment A who have been held for over 30 days.

 

d.  all inmates who are charged with no more than one offense listed in Attachment A who have been held for over 10 days.

 

e.  all inmates who are charged with no more than one offense listed in Attachment A. 

 

f.  all inmates who are charged with no more than two offenses listed in Attachment A who have been held over 90 days.

 

g.  all inmates who are charged with no more than two offenses listed in Attachment A who have been held for over 30 days.

 

h.  all inmates who are charged with no more than two offenses listed in Attachment A who have been held for over 10 days.

 

i.  all inmates who are charged with no more than two offenses listed in Attachment A .

 

j.  all inmates who are charged with felony violation of probation.

 

12.  Structured release of sentenced offenders

 

                        If the structured release and structured review of pre-trial detainees specified in paragraphs 10 and 11 has been fully implemented but the population of the jail exceeds 1,418 the Sheriff is hereby authorized to release all inmates who fall within category (a), below.  Should this fail to reduce the population to 1,418 or fewer, the Sheriff is hereby authorized to release all inmates in each successive category, one category at a time, until the population is reduced to 1,418 or fewer.  

 

a.  any sentenced misdemeanant with less than 10 days remaining on his or

her sentence may be released by the Sheriff on electronic monitoring or other alternative sentence unless the sentencing court specifically prohibited such release or unless otherwise prohibited by law. 

                 

b.  any sentenced misdemeanant with less than 30 days remaining on his or

her sentence may be released by the Sheriff on electronic monitoring or other alternative unless the sentencing court specifically prohibited such release or unless otherwise prohibited by law. 

 

c.  any sentenced misdemeanant may be released by the Sheriff on electronic monitoring or other alternative sentence unless the sentencing court specifically prohibited such release or unless otherwise prohibited by law. 

 

d.  any person serving a county jail sentence for the offenses specified in Attachment A with less than 10 days remaining on his or her sentence may be released by the Sheriff on electronic monitoring or other alternative sentence unless the sentencing court specifically prohibited such release or unless otherwise prohibited by law.    

 

e.  any person serving a county jail sentence for the offenses specified in Attachment A with less than 30 days remaining on his or her sentence may be released by the Sheriff on electronic monitoring or other alternative sentence unless the sentencing court specifically prohibited such release or unless otherwise prohibited by law.   

 

f.  any person serving a county jail sentence for the offenses specified in Attachment A with less than 60 days remaining on his or her sentence may be released by the Sheriff on electronic monitoring or other alternative sentence unless the sentencing court specifically prohibited such release or unless otherwise prohibited by law.   

 

g.  any person serving a county jail sentence for the offenses specified in Attachment A may be released by the Sheriff on electronic monitoring or other alternative sentence unless the sentencing court specifically prohibited such release or unless otherwise prohibited by law.

   

13. Notwithstanding the structured release and structured review provided for in paragraphs 10, 11, and 12 for misdemeanants and felons sentenced to time in the county jail, the Sheriff has and continues to have the authority to place an inmate on electronic monitoring or other alternative sentencing program at any time if specifically authorized to do so in the Judgment and Sentence or other specific order of the court.   

 

14.  For purposes of this Administrative Order, alternative sentence programs include but are not limited to electronic monitoring, work release, and any other alternative sentencing program operated by the Sheriff pursuant to law.

 

15.  Judges are encouraged to:

 

a.  authorize inmates to be transported for post-conviction hearings only

where required by law. 

               

b.  schedule an additional pre-trial calendar every three to four weeks.

 

c. hear violation of probation or community control hearings as soon as

possible. 

 

16. The State Attorney shall schedule violation of probation or community control hearings on an incarcerated defendant no later than fourteen (14) calendar days after the arrest of the defendant.  The Public Defender shall notify the Pasco Administrative Judge and the Chief Judge if a VOP hearing on an incarcerated defendant is not scheduled within this time period. 

 

17.  Interim measures have been implemented to address the immediate overcrowding concerns.  Because this Administrative Order addresses such issues in a more comprehensive fashion, Administrative Orders 2007-026 PA-CTY, and 2007-027 PA-CTY are hereby rescinded. 

 

18.  Administrative Order 2006-109 PA/PI-CIR and Administrative Order                PA/PI-CIR-98-46 are hereby rescinded in Pasco County.

 

DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida this ______ day of June 2007. 

 

                                                                                 ___________________________

                                                                                 David A. Demers, Chief Judge

 

                                                                                     

         ___________________________

                                                                                             Robert J. Morris, Jr., Chief Judge-elect

 

cc:        All Pasco Judges

            The Honorable Bernie McCabe, State Attorney

The Honorable Bob Dillinger, Public Defender

The Honorable Bob White, Sheriff, Pasco County

The Honorable Jed Pittman, Clerk of the Circuit Court, Pasco County

John Gallagher, Pasco County Administrator

            Debbie Gay, Assistant Court Services Director, Pasco County Clerk’s Office                     Carol Heath, Executive Director, Pinellas County Clerk’s Office

            Gay Inskeep, Trial Courts Administrator

            Kerry L. Rice, Deputy Courts Administrator, Pasco County

            Bar Associations, Pasco and Pinellas Counties

Law Libraries, Pasco and Pinellas Counties

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT ‘A’

 

Eligible Third Degree Felonies

 

24.118(3)(a)                      Counterfeit or altered lottery ticket

 

212.054(2)(b)                    Discretionary sales surtax

 

212.15(2)(b)                      Failure to remit sales taxes

 

316.066(6)(b)-(d)              Unlawfully obtaining or using confidential crash reports

 

319.30(4)                           Possession by junkyard of vehicle with plate removed

 

319.30(5)                           Sell, exchange, or give certificate of title or plate

 

319.33(1)(a)                      Alter or forge certificate of title to motor vehicle

 

319.33(1)(c)                      Procure or pass title to stolen vehicle

 

319.33(4)                           Possess or sell unlawfully obtained title

 

319.35(1)(a)                      Tamper or adjust odometer

 

320.26(1)(a)                      Counterfeit, manufacture, or sell license plates

 

322.212(1)(a)-(c)               Possession of forged, stolen, counterfeit driver’s license

 

322.212(4)                         Supply unauthorized driver’s license

 

322.212(5)(a)                    False application for driver’s license

 

322.34(6)                           Careless driving with suspended license

 

328.05(2)                           Possess, sell, etc. counterfeit title to vessels

 

328.07(4)                           Manufacture or sell vessel with wrong ID number

 

370.12(1)(e)3, 4                Possession of marine turtle eggs

 

370.12(1)(e)5                    Molesting marine turtles or eggs

 

370.12(1)(e)6                    Soliciting or conspiring to commit violation of Marine Turtle

                                          Protection Act

 

376.302(5)                         Fraud re: Inland Protection Trust Fund

 

400.905(1)                         Operating clinic without license

 

403.413(5)(c)                    Dumping waste litter – more than 500 lbs

 

409.920(2)                         Medicaid provider fraud

 

414.39(2)                           Unauthorized use, forgery, alteration of food stamps or Medicaid ID

 

414.39(3)(a)                      Fraudulent misappropriation of public assistance funds

 

443.071(1)                         False statement to obtain unemployment benefits

 

440.1051(3)                       False report of workers compensation fraud or retaliation

 

456.065(2)(d)1                  Practicing a health care profession without license

458.327(1)                         Practicing medicine without a license

 

459.013(1)                         Practicing osteopathic medicine without license

 

460.411(1)                         Practicing chiropractic medicine without license
                                        
461.012(1)                         Practicing podiatric medicine without license
                                        
462.17                               Practicing naturopathy without a license


463.015(1)                         Practicing optometry without a license


464.016(1)                         Practicing nursing without a license


465.015(2)                         Practicing pharmacy without a license


466.026(1)                         Practicing dentistry without license

467.201                             Practicing midwifery without a license


468.366                             Delivering respiratory care services without license

483.828(1)                         Practicing as clinical laboratory personnel without license


483.901(9)                         Practicing medical physics without a license

484.013(1)(c)                    Preparing or dispensing optical devices without prescription
                                        
484.053                             Dispensing hearing aids without a license

 

499.0051(1)                       Failure to maintain or deliver pedigree papers


499.0051(2)                       Failure to authenticate pedigree papers

                                
509.151(1)                         Defraud an innkeeper

 

517.07                               Registration of securities and furnishing prospectus

 

517.302(1)                         Violation of Florida Securities and Investor Protection Act

 

560.123(8)(b)1                  Failure to report currency or payment instruments

560.125(5)(a)                    Money transmitter business by unauthorized person

 

562.27(1)                           Possess still or apparatus

 

624.401(4)                         Transacting insurance without certificate

 

626.902(1)(a),(b)               Representing unauthorized insurer

 

655.50(10)(b)1                  Failure to report financial transactions

713.69                               Tenant removes property on which lien has accrued

 

806.13(1)(b)3                    Criminal mischief

 

810.061(2)                         Impairing power to dwelling

 

810.09(2)(e)                      Trespassing – commercial horticulture property

 

812.014(2)                         Grand theft – repeat – should be deleted

 

812.014(2)(c)1                  Grand theft

 

812.014(2)(c)2                  Grand theft

 

812.014(3)(c)                    Petit theft – 3rd conviction

 

812.015(7)                         Possession of use of anti-shoplifting device countermeasure

 

812.015(8)                         Retail theft

 

812.081(2)                         Unlawfully make reproduction of trade secret

 

815.04(4)(a)                      Offense against intellectual property

 

817.234(1)(a)2                  False statement in support of insurance claim

 

817.234(8)(b),(c)               Unlawful solicitation of persons involved in motor vehicle accidents

 

817.234(11)(a)                  Insurance fraud

 

817.2341(1), (2)(a), (3)(a) Filing false financial statements

 

817.236                             Filing false motor vehicle insurance application

 

817.2361                           Creating false insurance card

 

817.413(2)                         Sale of used goods as new

 

817.481(3)(a)                    Obtain credit or purchase with false or expired credit card

 

817.505(4)                         Patient brokering

 

817.52(2)                           Hiring with intent to defraud

 

817.52(3)                           Failure to redeliver hired vehicle 

 

817.54                               Obtain mortgage by false representation

 

817.568(2)(a)                    Fraudulent use of personal identification information

 

817.60(5), (6)(a)                Dealing in credit cards of another; purchase goods with false card

 

817.61                               Fraudulent use of credit cards

 

817.625(2)(a)                    Fraudulent use of scanning device or reencoder

 

825.102(3)(c)                    Neglect of an elderly person or disabled adult

826.01                               Bigamy

 

826.04                               Knowingly marries or has sex with person to whom related

 

827.03(3)(c)                      Neglect of a child

831.01                               Forgery

 

831.02                               Uttering forged instrument

 

831.04(1)                           Erasure or alteration of deed, map, plat

 

831.07                               Forging bank bills, drafts, checks, etc.

 

831.09                               Uttering forged notes, bills, checks, drafts

 

831.11                               Bringing into state forged bills, etc.

 

831.28(2)(a)                      Counterfeiting payment instrument

 

832.041(1)                         Stopping payment with intent to defraud

 

832.05(2)(b), (4)(c)           Issuing worthless check or obtaining property in exchange - $150 or

                                          more

 

832.05(3)(a)                      Cashing or depositing with intent to defraud

 

837.02(1)                           Perjury in official proceedings


837.021(1)                         Make contradictory statements in official proceedings


838.022                             Official misconduct


838.15(2)                           Commercial bribe receiving

 

838.16                               Commercial bribery

 

839.13(2)(a)                      Falsifying records of an individual in custody of state agency
                                        
839.13(2)(c)                      Falsifying records of the Department of Children and Family Services

 

849.01                               Keeping gambling house

 

849.09(1)(a)-(d)                Set up or promote lottery

 

849.23                               Gambling related machines

 

849.25(2)                           Engaging in bookmaking

 

860.15(3)                           Overcharging for repairs or parts

 

893.13(2)(a)2                    Purchase of drugs other than cannabis

 

893.13(2)(a)2, (6)(a)          Purchase or possession of cannabis

 

893.13(6)(a)                      Possession of controlled substance other than felony cannabis

 

893.13(7)(a)8                    Withholding information from practitioner regarding receipt of

                                          prescription

 

893.13(7)(a)9                    Obtaining controlled substance by fraud

 

893.13(7)(a)10                  Affix false or forged label to package of controlled substance

 

893.13(7)(a)11                  Furnish false information on document or record per chpt. 893

 

893.147(2)                         Manufacture or delivery of drug paraphernalia

                                

896.101(5)(a)                    Money laundering

 

896.104(4)(a)1                  Structuring transactions to evade reporting or registration

 

914.14(2)                           Witnesses accepting bribes

 

918.13(1)(a)                      Alter, destroy, or conceal investigation evidence

 

934.03(1)(a)                      Intercepts wire or oral communication

                                   
934.215                             Use of two-way communications device to commit crime

 


Eligible Second Degree Felonies

 

 

440.10(1)(g)                      Failure to obtain workers' compensation coverage

 

440.105(5)                         Unlawful solicitation for the purpose of worker’s comp. claim

440.381(2)                         Submission of false information for workers’ comp. claim

 

456.065(2)(d)2                  Practicing a health care profession without license

 

499.0051(3)                       Forgery of pedigree papers


499.0051(4)                       Purchase or receipt of legend drug from unauthorized person

560.123(8)(b)2                  Failure to report currency or payment instruments
                                        

560.125(5)(b)                    Money transmitter business by unauthorized person 
                                        

624.401(4)(b)2                  Transacting insurance without a certificate

 

626.902(1)(c)                    Representing an unauthorized insurer; repeat offender

 

655.50(10)(b)2                  Failure to report financial transactions

                

812.014(2)(b)1                  Grand theft

 

812.015(9)                         Retail theft                           

812.014(2)(b)2, 3              Grand theft 

      

817.034(4)(a)2                  Communications fraud

 

817.234(11)(b)                  Insurance fraud

 

817.234(8)(a)                    Solicitation of motor vehicle accident victims, intent to defraud

 

817.4821(5)                       Possess cloning paraphernalia 

 

817.625(2)(b)                    Second or subsequent fraudulent use of scanning device or reencoder
                                                                           

831.29                               Possession of instruments for counterfeiting driver’s licenses

                                                                                                    
837.02(2)                           Perjury in official proceedings relating to capital felony 
                                        
837.021(2)                         Making contradictory statements in proceedings relating to capital

                                          felony

 

838.015                             Bribery


838.016                             Unlawful compensation or reward for official behavior

838.22                               Bid tampering

 

893.13(2)(a)1                    Purchase of cocaine 

 

896.104(4)(a)2                  Structuring transactions to evade reporting or registration