## Facts

- Douglas J. Holland, the city manager of Pinellas Park, went to assistant city manager Rutherford’s home after failing to reach him by phone.
- In the backyard, Holland saw plants he suspected were marijuana, took leaves from two plants, and returned to his office.
- Holland promptly contacted a police captain and arranged for analysis of the leaves; the plants were confirmed to be marijuana.
- Holland and the captain consulted the chief of police, who indicated the matter would be handled internally to avoid adverse publicity.
- Holland was later indicted for common-law misprision of felony based on an alleged failure to report Rutherford’s felony marijuana offense to proper authorities.

## Issues

1. Whether common-law misprision of felony—defined as mere failure to report a known felony to authorities—exists as a prosecutable crime in Florida by virtue of Florida’s common-law adoption statute, § 775.01.

## Decision

- The district court granted certiorari and quashed the circuit court’s order that had revived the prosecution.
- The court reinstated the county court’s order quashing the indictment.
- The court held that misprision of felony is not a crime in Florida and therefore cannot support an indictment.
- Because the case was resolved on the legal nonexistence of the offense, the court did not address factual disputes about Holland’s conduct or the indictment’s sufficiency.

## Legal Principles

- In Florida, there is no general criminal liability for merely failing to report a felony absent a specific statute imposing such a duty.
- Florida’s adoption of common-law crimes under § 775.01 is not automatic for every historical common-law offense; courts may decline to recognize obsolete or overly broad doctrines not enacted by the legislature.
- Criminal liability for silence, without additional conduct such as active concealment, obstruction, or aiding, is not established through common law alone in Florida.

## Conclusion

The court held that misprision of felony, understood as a bare failure to report a known felony, is not an offense in Florida; accordingly, the indictment against Holland was quashed and the trial court’s dismissal was reinstated.


Holland v. State, 302 So. 2d 806 (Fla. Dist. Ct. App. 2d Dist. 1974)