1976-03 (Supporting Art. V, Fla. Constitution)RESOLUTION NO.4o4
A RESOLUTION OF THE CITY OF OKEECHOBEE, 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
lof the State of Florida, provides in pertinent part that all Muni-
'cipal Courts not previously abolished shall cease to exist as of
JJanuary 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 City
of Okeechobee and other cities simularly situated, and that like-
wise said population rises more than 100% during the tourist sea-
sons 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, 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 increases in the personnel staff of the State Attorney's
Offices, and
WHEREAS, the abolition of the Municipal Courts of the City
of Okeechobee 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 Okeechobee
through its' duly elected City Council, does hereby appeal to his
lExcellency Reubin H. Askew, Governor of the State of Florida, and
all the Honorable members of the legislative bodies of the State
I
of Florida, to use their good offices in order to enact necessary
legislation which would provide for a proposed revision or amend-
ment 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 City of Okeechobee and cities similarly situated the option
and right to continue their municipal courts upon the condition
that all Judges of said Courts be members in good standing of the
Florida Bar, and is within the municipal 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 Excellancy Reubin H. Askew, Governor of the
State of Florida, and to all members of the Legislative body of
the State of Florida.
PASSED and ADOPTED thisday of April A.D.,
1976.
CITY OF OKEECHOBEE, FLORIDA
By: WLVL -
/Mayor,
President City Council
Councilman
Councilman
2
p
unc
WW-iIma
Councilman
ATTEST:
City Clerk