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14 verbatim requirements from Fourth Circuit administrative order 1988-21 (a further document filed under the same order number).
Fourth Judicial Circuit (Duval). Procedural information only; not legal advice.
• Administrative Order 88-21, entered December 9, 1988, created Division CR-F, the Repeat Offender Court (ROC), to handle and dispose of career criminal cases. That Order set forth the criteria for assigning cases to Division CR-F (ROC) and cases pending before that Judge to the other five (5) felony divisions. This Order was amended March 20, 1989, May 12, 1989 and December 12, 1989. These amendments changed the criteria for assignment of cases. On April 27, 1990 and May 22, 1990, the Order was amended to designate and establish Division CR-D as a second Repeat Offender Court. • It now appears appropriate, in the interest of clarity and judicial economy, to enter an Order consolidating the previous Orders into one document. This Order supersedes all previous Orders regarding the Repeat Offender Courts, except where indicated herein. • It is thereupon, ORDERED that for all cases in which the crime charged was committed on or after January 1, 1989: • HABITUAL VIOLENT FELONY OFFENDERS 1. A. When a defendant is charged with a felony of the second degree or higher, excluding homicide of any degree or manslaughter or any other capital felony, and B. The defendant is an habitual violent felony offender within the meaning of Section 775.084(1)(b), Florida Statutes, to-wit: 1. The defendant has previously been convicted of a felony or felony attempt or felony conspiracy and one or more of such convictions was for: Arson; Sexual Battery; Robbery; Kidnapping; Aggravated Child Abuse; Aggravated Assault; Aggravated Battery; Murder; Manslaughter; Unlawful Throwing, Placing or Discharging of a Destructive Device or Bomb; Armed Burglary; and 2. The felony for which the Defendant is to be sentenced was committed within five (5) years of the date of the conviction of the last prior enumerated felony or within 5 years of the Defendant's release, on parole or otherwise, from a prison sentence or other commitment imposed as a result of a prior conviction for an enumerated felony, whichever is later; -OR- • HABITUAL FELONY OFFENDERS — DRUG CASES 2. A. The defendant is charged with a Second Degree Felony or higher involving a completed or attempted trafficking, sale, manufacture, delivery or distribution of any controlled substance described in Chapter 893, Florida Statutes, and B. The defendant is an habitual felony offender within the meaning of Section 775.084(1)(a), to-wit: 1. The defendant has previously been convicted of two or more felonies in this State and at least one of those felonies was Trafficking, Sale, Manufacture, Delivery or Distribution of any Controlled Substance as described in Chapter 893, Florida Statutes; and 2. The felony for which the Defendant is to be sentenced was committed within five (5) years of the date of the conviction of the last prior felony or other qualified offense of which he was convicted, or within five (5) years of the defendant's release, on parole or otherwise, from a prison sentence or other commitment imposed as a result of a prior conviction for a felony, or other qualified offense, whichever is later; -OR- • BURGLARIES 3. A. The defendant is charged with any Second Degree Felony Burglary or higher as described in Chapter 810, Florida Statutes; and B. The defendant is an habitual felony offender within the meaning of Section 775.084(1)(a), to-wit: 1. The defendant has previously been convicted of two or more felonies in this State and at least one of those felonies was a Burglary as described in Chapter 810, Florida Statutes; and 2. The felony for which the Defendant is to be sentenced was committed within five (5) years of the date of the conviction of the last prior felony or other qualified offense of which he was convicted, or within five (5) years of the defendant's release, on parole or otherwise, from a prison sentence or other commitment imposed as a result of a prior conviction for a felony, or other qualified offense whichever is later; -OR- • ROBBERIES 4. A. The defendant is charged with any completed Robbery as described in Chapter 812, Florida Statutes; and B. The defendant is an habitual felony offender within the meaning of Section 775.084(1)(a), to-wit: 1. The defendant has previously been convicted of two or more felonies in this State; and 2. The felony for which the Defendant is to be sentenced was committed within five (5) years of the date of the conviction of the last prior felony or other qualified offense of which he was convicted, or within five (5) years of the defendant's release, on parole or otherwise, from a prison sentence or other commitment imposed as a result of a prior conviction for a felony, or other qualified offense whichever is later; • said defendant shall be assigned to a ROC division upon filing of an Information or Indictment and certification by the State Attorney's Office that the Defendant meets the aforementioned criteria. • MULTIPLE DEFENDANTS OR CASES 5. In any case involving multiple defendants, if any one defendant meets the criteria set forth in paragraphs one, two, three or four, the defendant and all co-defendants shall be assigned to a ROC division. 6. If any defendant or co-defendant has a case meeting the criteria set forth in paragraphs one, two, three or four and has a separate pending felony case, that pending case and the case meeting the criteria in paragraphs one, two, three or four, shall be assigned to a ROC division. • VIOLATIONS OF PROBATION 7. All violation of probation cases, and the cases of any co-defendants, arising out of non-ROC divisions shall be heard and determined by the non-ROC divisions assigned unless the probationer is arrested after June 11, 1990 on a new charge which meets the criteria of a ROC division. In that event, the violation of probation case, the new substantive case, and the cases of any co-defendants shall be assigned to a ROC division, through a random computer selection. 8. All violation of probation cases in which the probationer was placed on probation by a ROC division shall be assigned, together with any new charges against the probationer, and the cases of any co-defendants, to the ROC division that placed the probationer on probation. For purposes of this paragraph, CR-D became a ROC division on May 1, 1990. All violation of probation cases in which the probationer was placed on probation by Division CR-D prior to May 1, 1990, shall be governed by the rule set forth in paragraph seven (7) hereinabove except that the case(s) shall be equally assigned through a random computer selection to one of the non-ROC divisions if the case(s) are not ROC eligible as defined in paragraph seven (7). • PRE-MAY 1, 1990 - CR-D CASES 9. All Division CR-D cases in which a capias was issued prior to May 1, 1990, shall, in the event the defendant is arrested on such a capias, be equally assigned through a random computer selection to a non-ROC division, unless the case meets the ROC criteria hereinabove, in which event it will remain in CR-D. 10. All Division CR-D cases which have been sentenced and are followed by 3.850 or other post-judgment matters shall be heard and determined by the judge of Division CR-D. 11. All Division CR-D cases which have been sentenced and reversed on appeal shall be retried or resentenced in accordance with the appellate mandate by Division CR-D. • ASSIGNMENT BETWEEN ROC DIVISIONS 12. All cases for which State Attorney numbers are assigned on or between May 1, 1990 and June 11, 1990, inclusive, and which meet the ROC criteria set forth hereinabove, shall be assigned to Division CR-D. 13. All cases for which the State Attorney numbers are assigned on or after June 12, 1990, and which meet the ROC criteria set forth hereinabove, shall be assigned or transferred to either CR-D or CR-F, through a random computer selection. 14. All ROC-eligible non-probation cases in which State Attorney numbers were assigned before May 1, 1990, and which are pending in error in a non-ROC division notwithstanding that they meet ROC criteria, shall be assigned by a random computer selection to either CR-D or CR-F, upon the transfer of any of said cases from the non-ROC divisions. • This Order shall take effect immediately.
The felony for which the Defendant ls to be " sentenced was committed withzln five (5) years of |_` ,1 |rl . the date of the conviction of the last prior |_, " ` -. enumerated felony or within 5 years of ‘ the |-· _`
Reviewer note: Order PDF sha256: c5ff8fe2881dffdae280ebee7870208ae8d865dd0f99ab2e38805e36b21af70d. Extracted from the order's own text layer. One of several documents the Clerk publishes under order number 1988-21. Text recomposed 2026-09-09 (fix program 2026-09-09, Phase 4 — Duval lane): read page by page against the row's own edition in the Duval Clerk administrative-order catalogue (vision lane); wording unchanged; captions, recording stamps, signature blocks and distribution lists are not carried. Print: catalogue id 690 (1988-21__690.pdf (VOL 6921 PG 0928-0933, FILED JUN 27 1990; DONE AND ORDERED June 1990, Chief Judge Santora), 6 pp). The harvest carried fourteen noise bullets; the whole Sixth Amendment (the consolidating order) read from the print; section headings are carried at the head of their paragraphs. Verbatim from Fourth Circuit administrative order 1988-21 as published by the Duval County Clerk, harvested 2026-07-26; whitespace normalised only. [moved from the text 2026-09-14]
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.