Legal Opinion

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Florida Attorney General Reports

Decided October 13, 1981Published

1Opinion of the Court

Mr. Charles P. Vitunac City Attorney City of Vero Beach

QUESTION:

If a municipality possesses the authority to impose penalties for violations of municipal ordinances under its home rule powers, what limitations have been placed upon the exercise of that authority?

SUMMARY:

The legislative body of a municipality pursuant to its home rule powers has the authority to prescribe the penalties to be imposed for violations of municipal ordinances. In the absence of any constitutional or statutory provision expressly limiting that power and in accordance with the dictates of s. 2(b), Art. VIII, State…

2Cases cited3 opinions

  1. State v. City of SunriseSupreme Court of Florida · 1978
  2. Gillooley v. VaughanSupreme Court of Florida · 1926
  3. Jaramillo v. City of HomesteadSupreme Court of Florida · 1975

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