4th Cir. Admin. Order 1997-13 — Second Amended Administrative Order No. 97-13 Violation of Open Container Ordinances · BenchPath

Florida›Fourth Judicial Circuit

4th Cir. Admin. Order 1997-13 — Second Amended Administrative Order No. 97-13 Violation of Open Container Ordinances

High confidence· verified July 26, 2026Administrative Orders4th Jud. Cir. Admin. Order 1997-13 (Duval Clerk repository)

Summary

12 verbatim requirements from Fourth Circuit administrative order 1997-13 (a further document filed under the same order number).

Applies to

Fourth Judicial Circuit (Duval). Procedural information only; not legal advice.

Requirement

Verbatim from Fourth Circuit administrative order 1997-13 as published by the Duval County Clerk, harvested 2026-07-26; whitespace normalised only. • WHEREAS, it has been the practice in some communities to arrest all persons who violate any such City Ordinances in furtherance of a zero-tolerance approach; |, the commrmity’s benevolent zero-tolerance policy for open containers must be balanced against the competing factor of limited jail space to house inmates arrested and jailed for all types of crimes; • Jacksonville Beach, Neptune Beach and Atlantic Beach, Florida shall be issued a Notice to Appear with the following four exceptions. hmmm: • (1) A Notice to Appear may not be issued to any person who is being charged with a second violation of an open container ordinance in Jacksonville, Jacksonville Beach, • Neptune Beach and Atlantic Beach, Florida within six (6) months after having been charged, arrested or issued a prior citation for violating an open container ordinance, and, instead, such person shall be released from custody upon posting a $500 bond which shall not be forfeitable, and shall appear in Court in person; • (2) ANotice to Appear shall not be issued to any person who is not eligible for one as provided by the criteria listed in the Third Amended Administrative Order No. 86- 14, which are as follows; • Persons who have no local address, with the exception that persons cited for violating an open container law shall be eligible for a • Driving Under the Influence or Habitual Offender Suspension, 2 -- 2 of 4 -- scent 9166 vg 1028 (3) A Notice to Appear may not be issued ifthe arresting officer has reason to refuse issuance based on the criteria set forth in Florida Rules of Criminal Procedure • 6. it appears that the accused has previously failed to respond to a notice or a surmnons or has violated the conditions of any pretrial release program; and (4) A Notice to Appear may not be issued if the booking officer also determines that there is no likelihood that the accused will appear as directed, based on a reasonable investigation ofthe criteria set forth in Fla. • Jacksonville, Jacksonville Beach, Neptune Beach and Atlantic Beach, Florida shall be notified of their choice to either: • Division, in person within ten (10) days of the date of the citation in order to get a court date, but in the event they fail to appear, a capias shall be issued for their arrest forthwith, or (2) post a $50.00 cash bond and either (a) appear in Court in person in accordance with the Notice to Appear to contest the citation, or (b) waive appearance and forfeit the $50.00 cash bond, (D) That the Clerk of the County Court for Duval County shall issue a capias with a bond of $153.00 for all persons who fail to comply with paragraph (C) above. • (E) That this Order shall be in effect immediately and prospectively and will remain in effect until further Order of the Court, and all terms and conditions set forth in this Administrative Order shall apply unless otherwise ordered by the Court, (F) That the Amended Administrative Order No. 97-13, entered on July 17, 1997, dealing with the same subject matter is hereby vacated and superseded. • (G) That this Order shall be recorded in the Official Records of Duval County in the State of Florida, and copies furnished by the Clerk of the Court to the Jacksonville Bar Association.

Source of truth

WHEREAS, it has been the practice in some communities to arrest all persons who violate any such City Ordinances in furtherance of a zero-tolerance approach; |, the commrmity’s benevolent zero-tolerance policy for open containers must be balanced against the competing factor of limited jail space to house inmates arrested and jailed for all types of crimes;

Official source: Duval County Clerk of Courts — Fourth Circuit administrative orders
Source health: Healthy · checked July 26, 2026
Effective date: —
Last verified: July 26, 2026benchpath-duval-variants-2026-07-26

Reviewer note: Order PDF sha256: 438da1e4225674d389ba76796477c02c80c65d36ab167631a2338557f065f6f1. Extracted from the order's own text layer. One of several documents the Clerk publishes under order number 1997-13.