§ 26-1. State law misdemeanors adopted.  


Latest version.
  • (a)

    It shall be unlawful and a violation of this Code for any person to commit within the city any act which is recognized by the laws of the state as a misdemeanor.

    (b)

    All statutes of the state defining and prohibiting criminal offenses against the state not punishable by death or by imprisonment in the state prison and defined by state law as misdemeanors are adopted and incorporated by reference as part of this section to the same extent and to the same effect as if the provisions of each such statute was set out in full herein defining and prohibiting each such offense against the state to be an act prohibited by or an offense in violation of this section.

    (c)

    All acts defined as misdemeanors in said state statutes are hereby prohibited and declared to be violations of this section and any person shall, upon conviction in the court of appropriate jurisdiction for violation thereof, be punished by a fine not exceeding $500.00 or by imprisonment in the county jail for not more than 60 days, or by both such fine and imprisonment, but in no case shall the fine or imprisonment imposed under this section be greater than the maximum fine or penalty for the same offense under the state statute.

    Case law annotations— A municipality may enact an ordinance creating an offense against municipal law for the same act that constitutes an offense in state law, Jaramillo v. city of Homestead, 322 So. 2d 496 (1975).

State law reference

Penalty for misdemeanors, F.S. §§ 775.082, 775.083. See also Florida Statutes general index under the heading "Crimes" for listing of state law misdemeanors.