1976-11 Requesting FL Legislature to take Steps to Continue Operation of Municipal CourtsRESOLUTION N0. 11-76
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, REQUESTING THE FLORIDA LEGISLATURE TO TAKE ALL NECESSARY STEPS
TO CONTINUE THE OPERATION OF MUNICIPAL COURTS OR IN THE ALTERNATIVE TO
RESTRICT THE TRIAL OF OFFENSES AGAINST MUNICIPAL ORDINANCES TO A LOCATION
e WIT}[IN THE MUNICIPALITY INVOLVED USING PERSONNEL FAMILIAR WITH MUNICIPAL
ORDINANCES INVOLVED.
WHEREAS, the Village of North Palm Beach is concerned with the
potential adverse affects upon municipal governments and those accused
of offenses against municipal ordinances as set forth in the Resolution
of Boynton Reach, attached to this Resolution; and
W{{ERF,AS, the Village of North Palm Beach along with many other
~mmicipalities in the State of Florida, provides a court system which
affords speedy trial and least expensive system of justice available
for the trial of offenses against municipal ordinances; and
WHEREAS, any change in location of the municipal court and
any change in the use of personnel who are unfamiliar with the municipal
ordinances of the Village of North Palm Beach as they are distinguished
from the municipal Ordinances of the other 37 municipalities in Palm
Beach County would result in substantial delays in justice, substantial
costs increases for the administration of justice and the administration
of Village Government and could result in less efficient prosecution
by prosecutors unfamiliar with the specific legislative history and total
impact of municipal ordinances in the Village of North Palm Beach as
distinguished from all other municipalities which a single prosecutor may
have to represent.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH
PALM BEAC}{, FLORIDA:
Section 1. The Village Council of North Palm Beach adopts the
Resolution of the City of Boynton Beach, a copy of which is attached to
this Resolution and urges the Florida Legislature to take whatever steps
it can to preserve the existing system of municipal courts in Florida.
Section Z. In the event the retention of municipal courts as
they now exist is not feasible under the Consti.iZition and Statutes of
Florida, the Village of North Palm Beach respectfully urges the State
Legislature and the Palm Beach County Legislative Delegation to enact
laws that would restrict the trial of all offenses against the Village
of North Palm Beach municipal ordinances to be tried within the munici-
pality with like effect for all other cities in Florida and further to
have prosecutor specifically appointed the municipal legislative body
to prosecute offenses against that village's ordinances. These steps
are recommended even if the administration and jurisdiction of offenses
against municipal ordinances reside in county wide courts and even if
the judge and other court personnel are appointed on a county wide
level. The Village of North Palm Beach respectfully suggests to the
Legislature that these modifications of an abolishment of municipal
courts as they now exist would combine whatever virtues there are in
a Central Court system with those aspects of municipal court justice
which have best served the municipalities and the public over the years.
Section 3. The Village Clerk is hereby directed to transmit
' a copy of this resolution to the City of Boynton Beach, Florida, Palm
Beach County Legislative Delegation and the Florida League of Cities.
Section 4. This Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED THIS 11 DAY OF MARCH, 1976.
/s/ M. C. Love, Jr.
MAYOR
ATTEST:
/s/ Dolores R. Walker
Village Clerk
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' , l13 3ESC~)LUTIObI OF THI CITY Ob` BOXNTON BEACH, FLORIDA,
., REQUESTING SUPPORT FOR THE ENACTiVIENT OF A REPEAL OF
• ARTICLE V, SECTION 70 (D) (4) OF THE FLORIDA CONSTITUTION
PERMITTING TIIE CON PINUED EXISTENCE OF MUNICIPAL COURTS.
I+TIirREAS, Article V, Sec. 20 (d) (4) of the Constitution of the
State of T'lorida, provides in pertinent part that all Municipal Courts
not previously abolished shall cease to exist as of January 3, 1977, and
ti+71GRGAS, by virtue of said Article V, Sec. 20 (D) (4), the Cou
Courts shall be vested with the jurisdiction to process all cases which
prior to January 3, 1977 were processed by the Dunicipal Courts, and
said Article V, Sec. 20 (D) (4) further provides that the State Attorney's
Office shall be charged with the added responsibility of prosecuting said
cases, and
WIi1;REAS, surveys indicate. that since the adoption of said Articl~
V, Sec. 20 (D) (4) by the electorate, there have been. vast increases in
the permanent resident population of .the City of Boynton Beach and other
cities similarly situated, and that likewise said population rises more
than 10096 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
{,THEREAS, 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. Boynton Beach and cities similarly situated stand to lose
considerable revemies 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 city 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 cities for immediate emergency calls.. This situation
will also add a financial burden to cities which would be required to pay
extra compensation to said police officers for the time they spend in
said County. Courts.
3. Thousands of residents charged with traffic or ordinance
violations likewise would be required to travel to distant places outside
of the City limits.
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4. Llnployees of the City such as Building Inspectors would
also be required to travel distances to Cotxrts where their testimony was
needed, and resident witnesses and .business men and women would have to
do likewise, and
WIiEREAS, it is improbable that our County Courts and State
Attorney's Offices will be able to absorb the many thousands of cases naw
processed by blxxrricipal 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
1+'IiEREAS, the abolition of the Municipal Courts of the City of.
Boynton Beach and cities similarly situated would deprive said cities of
an integral part of their home.rulepattern and self-governing powers and
rights with which they were duly vested as municipalities.
NOW, THEREFORE, BE IT RESOLVED that the City of Boynton Beach .
through its duly elected City Council, does hereby appeal to his
Excellency Reubin H. Askew, Governor of the State of F~.orida, and all the
• Honorable members of the legislative bodies of the State of Florida, to
use their good offices in order to enact necessary legislation which
would provide for a proposed revision or amendment tx the Coxistitution
of the State of Florida to be placed on the bald~ot in the general election
to be held .on November 2, 1976, which if approved by the electorat e
according to law, would grant to the City of Boynton Beach and cities
similarly 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, Sec. 20 (D) (4), and
IT IS FURT[fl;R RESOLVED that copies of this resolution be forward
to his Excellency Reubin II. Askew, Governor of the State of Florida,
and to all members of the Legislative body of the State of Florida.
PASSED AND ADOPTED this ~~ day o£ ~t~~iu~ A, D. , 1976.
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CITX OR BOYNTON BEACFI, k'LORIDA
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~L' Mayor </• •
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,ATTEST-
City Clerk ~~
I, TEREESA_PADGETT, City Clerk of the City of Boynton Beach, Florida,--
... ~ do hereby certify that the above and foregoing (3 pages), is a true and`
• correct copy of'Resolution No. .76-E passed and adopted by•the City •
• Council of the City of Boynton Beach on the 3rd day of Fcbruary, 1976.
I~-J ~~ Tereesa P~tt, Y Clerk
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. ~(SERL) ~_~'~ •February 11;'1976
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