HomeMy WebLinkAboutResolution_08-75/76_03/23/1976 . RESOLUTION NO. 8 -75/76
A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, REQUESTING
SUPPORT FOR THE ENACTMENT OF A REPEAL OF
ARTICLE V, SECTION (20) (D) (4) OF THE FLORIDA
CONSTITUTION PERMITTING THE CONTINUED EXISTENCE
OF MUNICIPAL COURTS.
WHEREAS, Article V, Section 20 (D) (4) of the
Constitution of the State of Florida, provides in pertinent part
that all municipal Courts not previously abolished shall cease to
exist as of January 3, 1977, and
WHEREAS, By virtue of said Article V, Section 20 (D)
(4) the County Courts shall be vested with the jurisdiction to
process all cases which prior to January 3, 1977, were processed
• by the Municipal Courts, and said Article V, Section 20 (D) (4)
further provides that the State Attorney's Office shall be charged
with the added responsibility of prosecuting said cases, and
WHEREAS, surveys indicate that since the adoption of
said Article V, Section 20 (D) (4) by the electorate, there have
been vast increases in the permanent resident population of the
Village of Tequesta and other towns similarly situated, and that
likewise said population rises more than 100% during the tourist
seasons and as a result thereof there has been a marked increase
in the case loads processed by the Municipal Courts, and likewise
same has added greater burdens which are assumed by the various
Police Departments, and
WHEREAS, present conditions evidence the strong need
to continue said Municipal Courts and to avoid the abolition of
same in order to prevent undue hardships and traumatic affects as
a result thereof, as follows:
1. The Village of Tequesta and towns similarly
situated stand to lose considerable revenues which have been
realized from their Municipal Courts.
2. Police protection shall be diminished if and when
police officers are required to travel out of Village limits in
order to testify as witnesses before County Courts. This will
pose a most serious problem particularly in these days of high
crime if said officers should be needed in their respective
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Village for immediate emergency calls. This situation will also add a
financial burden to cities and towns which would be required to pay
extra compensation to said police officers for the time they spend in
said County Courts.
3. Many residents charged with traffic or ordinance violations
likewise would be required to travel to distant places outside the
Village limits.
4. Employees of the Village would also be required to travel
distances to courts where their testimony was needed, and resident
witnesses and business men and women would have to do likewise.
5. The swift, fair and efficient disposition of justice in
the prosecution of municipal violations will be impeded by incorporating
these matters into the already overtaxed state judicial system, with
the ultimate result being the further loss of municipal control over
local problems, and
WHEREAS, it is improbable that our County Courts and State
Attorney's Offices will be able to absorb the many thousands of cases
now processed by Municipal Courts without causing the State of Florida
to incur great expense needed to expand the County Courts and for
additional personnel needed for such expansions and also for increase
in the personnel staff of the State Attorney's Offices, and
WHEREAS, the abolition of the Municipal Courts of the Village
of Tequesta and towns similarly situated would deprive said towns of
an integral part of their home rule pattern and self governing powers
and rights with which they were duly vested as municipalities.
NOW, THEREFORE BE IT RESOLVED that the Village of Tequesta
through its duly elected Village Council, does hereby appeal to his
Excellency Reubin O'D. Askew, Governor of the State of Florida, and
all the Honorable members of the legislative bodies of the State of
Florida, to use their good offices in order to enact necessary legis-
lation which would provide for a proposed revision or amendment to
the Constitution of the State of Florida to be placed on the ballot in
the general election to be held on November 2, 1976, which if approved
by the electorate according to law, would grant to the Village of
Tequesta and towns similarly
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situated the option and right to continue their municipal courts
with the same force and effect as is and was within their province
prior to the adoption of Article V, Section 20 (D) (4) and
IT IS FURTHER RESOLVED that copies of this resolution
be forwarded to his Excellency Reubin O'D. Askew, Governor of
the State of Florida, and to all members of the Legislative Body
of the State of Florida.
PASSED AND ADOPTED this 23 day of Larch ,
A.D., 1976.
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