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 Ocala
 Code of Ordinances
 Chapter 42. MISCELLANEOUS OFFENSES
 Article I. IN GENERAL

§ 42-1. State misdemeanors adopted.  

Latest version.

  • All violations of state law which are classified as misdemeanors are hereby adopted by reference and made an offense against the ordinances of the city. Persons found guilty of violating any such misdemeanors shall be punished as provided in section 1-9.

    (Code 1985, § 13-1; Ord. No. 5827, § 1, 2-19-08)

    Case law reference— Adoption of state law relating to misdemeanors by city upheld, see McFarland v. Roberts , 74 So. 2d 88 (Fla. 1954); also Orr v. Quigg , 135 Fla. 653, 185 So. 726, and Wright v. Worth , 83 Fla. 204, 91 So. 87; adoption of state law misdemeanors by reference includes laws both in existence at the time and those later adopted by the state legislature, see State v. Smith , 189 So. 2d 846 (Fla. 4th D.C.A. 1966). Follows rule in Hecht v. Shaw , 112 Fla. 762, 151 So. 333 (1933), "… when the adopting statute makes no reference to any particular statute or part of statute by its title or otherwise, but refers to the law generally which governs a particular subject, the reference in such a case includes not only the law in force at the date of the adopting act, but also all subsequent laws on the particular subject referred to …"

    *(1)
    A municipality may enact an ordinance which creates an offense against municipal law for the same act that constitutes an offense against state law. Jaramillo v. City of Homestead, 322 So. 2d 496 (Fla. 1975).

    (2)
    A municipality by ordinance may adopt state misdemeanor statutes by specific reference or by general reference, such as that contained in an ordinance making it unlawful to commit, within city limits, any act which is or shall be recognized by the laws of the state as a misdemeanor. Id.

    (3)
    An adoption by general reference of a misdemeanor statute permits subsequent amendments, revisions and repeals of the laws by the state legislature to apply to the municipal ordinance. Id.

State law reference

State law misdemeanors, see Florida Statutes general index under heading "Crimes" for listing of state law misdemeanors; penalty for misdemeanors, F.S. §§ 775.082, 775.083.