Legal Opinion

Ago

Florida Attorney General Reports

Decided August 8, 1974Published

1Opinion of the Court

QUESTION: May the City of Hollywood enact an ordinance incorporating by reference state misdemeanor and felony statutes?

SUMMARY: The City of Hollywood has the authority to enact an ordinance which incorporates by reference the misdemeanor and felony statutes of Florida. However, prosecution for violation of such municipal ordinance in municipal court will bar subsequent prosecutions for violation of the state criminal statutes, so the enactment of such an ordinance should be avoided. Municipalities are authorized by the Florida Constitution to "exercise any power for municipal purposes except…

2Cases cited4 opinions

  1. Waller v. FloridaSupreme Court of the United States · 1970
  2. Orr v. QuiggSupreme Court of Florida · 1938
  3. State ex rel. McFarland v. RobertsSupreme Court of Florida · 1954
  4. State v. MaloneDistrict Court of Appeal of Florida · 1969

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