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Serving Flagler, Putnam, St. Johns, and Volusia Counties

CR-2019-003-SC

IN THE CIRCUIT COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER, PUTNAM, ST. JOHNS AND VOLUSIA COUNTIES

Re: Misdemeanor Payable Fish and Wildlife Offenses / Notices to Appear

Ref: CR-2019-003-SC (Rescinds CR-2017-003-SC and O-99-104)

WHEREAS, it has been made known to the undersigned that the prompt and efficient administration of justice requires revisions to the administrative order on this subject;

NOW THEREFORE, I, RAUL A. ZAMBRANO, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that violations of the Florida state statutes listed below do not require court appearances and are therefore deemed to be payable offenses. (Note: This Order applies to violations alleged to have been committed by adults in the counties of Flagler, Putnam, St. Johns and/or Volusia). Payable amounts are to be as reflected herein.

Offenses Statutory Citations Payable Amounts
Flagler / St. Johns / Volusia Putnam
Misdemeanor violations of fish and wildlife laws or administrative rules that constitute level two violations per §379.401, and which are punishable under §379.401(2)(b)1, but not violations which are punishable under §379.401(2)(b)2, 3 or 4 §379.401(2)(a)1-14, 20 or 21, F.S. $273 $270
Misdemeanor violations of fish and wildlife laws or administrative rules that constitute level three violations per §379.401(3)(a)1, 7 or 8, and which are punishable under §379.401(3)(b)1, but not violations which are punishable under §379.401(3)(b)2 or 3 §379.401(3)(a)1, 7 or 8, F.S. $273 $270
Misdemeanor violations of State Park laws which are punishable under §258.008(3) §258.008(3)(a)-(e), F.S. $273 $270

Included in each of these payable amounts are costs of prosecution in the amount of $50.00 (see § 938.27, F.S.).

IT IS FURTHER ORDERED that in accordance with Rule 3.125, Florida Rules of Criminal Procedure, alleged violators of the above-listed offenses are eligible for releases on Notices to Appear.  If the payable amount listed on a Notice to Appear differs from the payable amount listed above, the lesser amount controls.  Notices to Appear issued by law enforcement agencies are to be forwarded to the appropriate Clerk of Court’s office within 72 hours of issuance.

IT IS FURTHER ORDERED that alleged violators who fail to pay the monetary penalty or request a court date within 30 days of the date the notice/citation was issued, are to be set for arraignment before a County Court judge.

IT IS FURTHER ORDERED that upon receipt of payment(s), the Clerks of Court shall enter pleas of nolo contendre in cases affected by this Order and shall withhold adjudications of guilt, withdraw any capias issued, and close the cases.

IT IS FURTHER ORDERED that this Order does not apply to cases in which alleged violators are arrested and booked into jail.  If an alleged violator is arrested and booked into jail for violating one of the above-listed offenses, bond is to be set in accordance with the bond schedule in effect at the time of the arrest, and the alleged violator scheduled for a First Appearance.  If bond is posted prior to First Appearance, the alleged violator is to be set for an arraignment.

IT IS FURTHER ORDERED that administrative orders CR-2017-003-SC and O-99-104 are hereby rescinded.

TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 10th day of January 2019.

/s/ Raul A. Zambrano
Raul A. Zambrano
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties