76-E RESOLUTION NO. 76- .~
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
REQUESTING SUPPORT FOR THE ENACTMENT OF A REPEAL
ARTICLE V, SECTION 20 (D) (4) OF THE FLORIDA CONSTITUTION
PERMITTING THE CONTINUED EXIST~CE OF ~¥iUNICIPAL COURTS.
WHEREAS, Article ¥, Sec. 20 (d) (4) of the Constitution of the
State of Florida, provides in pertinent part that all Mmnicipal 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 pro~ess all cases which
prior to January 3, 1977 were processed by the Municipal Courts, and
said Article ¥, Sec. 20 (D) (4) further provides that the State Attorney's
Office shall be charged with the added responsibility of prosecuting said
cases, and
~AS~ 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 City of Boynton Beach and other
cities 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,
amd li'kewise same has added ~reater 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:
i. Boynton Beach and cities 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 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.
4. Employees of the City such as Building Inspectors 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 absorbthe many thousands of cases now
processed by Mun~ipal 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
WltEREAS, the abolition of the Municipal Courts of the City of
BoYnt0n Beach and cities similarly situated would deprive said cities of
an integral part of their home?ru~.epattern 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 S~ate 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 ~ the Constitution
of the State of Florida to be placed on the bal&ot 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 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 ¥, 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.
~ASSED AND ADOPTED this ~ day of ' ~ ' , A.D., 1976~
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CITY OF BOYNTON BEACH, FLORIDA
tV} ayo r
Council Memb~~
Council
ATTEST:
City Clerk
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