HomeMy Public PortalAboutRES 76/02 (A)RESOLUTION NO. 76- 2
A RESOLUTION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY,
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, Sec. 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, Sec. 20 (D) (4), the County Courts
shall be vested with the jurisdiction to process all cases which prior to January
3, 1977 were provessed by the Municipal 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
WHEREAS, surveys indicate that since the adoption of said Article V, Sec. 20
(D) (4) by the electorate, there have been vast increases in the permanent resident
population of the Town of Gulf Stream 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. Gulf Stream 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 Town 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 Town 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 Town limits.
4. Employees of the Town 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, 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 Town of Gulf Stream 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 Town of Gulf Stream through its duly
elected Town Commission, does hereby appeal to his Excellency Reubin H. 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
legislation 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 Town of Gulf Stream and towns similarly situated the option and right
to continue their municipal courts with the sane force and effect as is and was
within their province prior to the adoption of Article V, Sec. 20 (D) (4) and
IT IS FURTHER RESOLVED that copies of this resolution be forwarded to his
Excellency 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 this 12th day of March A.D. 1976
i
•-T
Mayor
1` -CU
Virco Mayor
S . !A.,�_
mgm�iss/oner
Commissioner
Commissioner
ATTEST:
-1-�c.\--A Cti k -%I