Legal Opinion

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Florida Attorney General Reports

Decided August 9, 1974Published

1Opinion of the Court

QUESTIONS: 1. May the municipal court of the Town of LauderdaleBy-The-Sea rule on the constitutionality of a municipal penal ordinance? 2. Are municipal traffic ordinances enacted prior to the effective date of Ch. 316, F.S., valid subsequent to that date, if such ordinances are proper subjects for municipal traffic regulations?

SUMMARY: The municipal court of the Town of Lauderdale-By-The-Sea has the power to rule on the constitutionality of a municipal penal ordinance when such constitutional question is properly raised in a proper proceeding of a criminal nature before that court. Municipal…

2Cases cited3 opinions

  1. Keen v. StateSupreme Court of Florida · 1925
  2. Farragut v. City of TampaSupreme Court of Florida · 1945
  3. Schoenrock v. BallardDistrict Court of Appeal of Florida · 1966

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