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Date: 06/22/92 Revision: 11/15/21 Reviewed: 01/02/25 HILLSBOROUGH COUNTY SHERIFF 'S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCEDURE Number: GEN 531.00 Page: 1 of 3 SUBJECT: MISDEMEANOR ARRESTS AND NOTICE TO APPEAR I. PURPOSE : The purpose of this standard operating procedure is to define the guidelines for making a physical arrest or issuing a Notice to Appear for misdemeanor offenses committed by adults . II. SCOPE : This procedure shall apply to all sworn Sheriff's Office personnel . III. DISCUSSION : The Sheriff's Office conforms with the legislative intent in the issuance of the "Notice to Appear" (NTA) summons in lieu of arrest, as set forth in the Florid a Rules of Criminal Procedure. The Sheriff's Office also complies w ith the policy of the Thirteenth Judicial Circuit for Hillsborough County in that persons arrested for misdemeanors of the first or second degree, county ordinance violations , or criminal traffic offenses are to be released at the scene of arrest upon exec ution of a promise to appear in court rather than be booke d into the county jail, unless the arresting deputy has specific grounds to justify physical arrest and booking. Prior to the issuance of a n NTA, the arresting deputy must first identify if the arr estee qualifies for the Adult Pre-Arrest Diversion Program (APAD). If the arrestee does not qualify for the APAD, then the arresting deputy will follow the guidelines for issuing a n NTA. IV. PROCEDURE : The following procedures shall be followed in makin g a physical arrest and booking for a misdemeanor offense: A. Persons who have been properly identified and refuse to sign a n NTA or fail to provide sufficient information for a n NTA shall be arrested, transported , and booked in the county jail. B. Perso ns arrested for misdemeanor offenses are eligible for a n NTA citation , unless: 1. The subject is a known habitual offender. 2. The offense committed is of a violent nature. 3. The deputy has reason to believe that the accused will repeat the offense if continued at liberty. 4. The accused exhibits violent or dis orderly behavior. 5. The accused resides in a non -adjoining county or out of state. 6. The accused has no valid address. 7. The liberty of the accused person presents an unreasonable risk of bodily injury to himself/herself or others. 8. The accused person has no ties to the jurisdiction reasonably sufficient to ensure appearance in court , or there is a substantial risk the accused person will refuse to respond to the notice. 9. The arresting deputy has reason to suspect that the accused person may be wante d in another jurisdiction. 10. It appears that the accused person has previously failed to respond to a notice or summons, or has violated the conditions of a pre -trial release program . a. If a dep uty encounters an individual with an active capias for an unserved summons, the deputy shall take the individual into custody and transport the person to Central Booking. GEN 531.00 11/15/21 Page 2 of 3 b. Personnel shall not issue a n NTA in lieu of Releasing on Recognizance (ROR) for a capias on an unserved summons. c. If the capias has been i ssued with an R OR, the individual shall be ROR by detention personnel only, in accordance w ith Administrative Order 93-88. C. Failure to Sign Traffic Citation 1. Florida Law prescribes the manne r in which persons , who commit a traffic infraction , are to be cited. The law provides that any person cited will not be required to sign and accept the citation unless they are cited for a criminal traffic violation or a violation that requires a mandato ry court appearance. Instead, if there is a refusal, the deputy must certify by his/her signature that the citation was delivered to the person cited. A person cited for a criminal traffic offense under F lorida Statute 316, or any other traffic offense t hat requires a mandatory court appearance , must sign and accept the citation indicating a promise to appear. 2. Florida Law further states that any person who willfully refuses to accept and sign a criminal traffic citation or a mandatory court appearance citation, shall be guilty of a mis demeanor of the second degree. This offense shall be charged on a Uniform Traffic Citation as a violation of Florida Statute 318.14 (3). The citation shall be sent to Booking as an attachment to the electronic Criminal Report Affidavit. V. RELEASE OF SIGNATURE : If the arresting deputy plans to release the defendant after securing a signature on an NTA or the criminal traffic citation, the following procedure shall be followed: * A. Deputies shall utilize the N TA Fingerpr int Card when issuing a n NTA as a means to collect the def endant 's fingerprints. 1. Deputies shall complete the front portion of the card listing incident type, case number, defendant information , and the arresting deputy 's information. In cases where a dep uty, other than the arresting deputy , completes the fingerprint card, that deputy shall list their name and ABN on the print card. 2. Deputies shall utilize the reverse side of the card to