§ 12-1. Commission of acts recognized as misdemeanor under State law.  


Latest version.
  • (a)

    It shall be unlawful to commit, within the limits of the Village, any act which is or shall be recognized by the laws of the State as a misdemeanor; and the commission of such acts is hereby forbidden.

    (b)

    Whosoever shall violate the provisions of this section, upon conviction thereof, shall be punished by the same penalty as provided therefor by the laws of the State, but in no case shall such penalty exceed a fine of $500.00 or imprisonment for more than 60 days, or both such fine and imprisonment.

    (Code 1974, § 12-1)

    Case Law reference— A municipality may enact an ordinance creating an offense against municipal law for the same act that constitutes an offense in state law. Jaramillo v. City of Homestead, 322 So.2d 496 (1975).

    A municipality by ordinance may adopt state misdemeanor statutes by specific or general reference. Id.

    Adoption of state law misdemeanors by reference includes laws both in existence at the time and those later adopted by the state legislature. State v. Smith, 189 So.2d 846.

State law reference

Penalty for misdemeanors, F.S. §§ 775.082, 775.083. See also Florida Statutes general index under heading "Crimes" for listing of state law misdemeanors; fines and forfeitures in county court payable to municipality, F.S. § 34.191.