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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