Item O08
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
8/18/04
Division
County Attorney
AGENDA ITEM WORDING
Discussion of issues relating to the prosecution of County ordinance violations and request for
authorization to seek clarification from the Attorney General of the County's ability to prosecute
its own ordinances.
ITEM BACKGROUND
Prior to the implementation of the revIsions to Article V of the Florida Constitution, county
ordinances violations were prosecuted by the State Attorney's office in County Court. The
implementing legislation and subsequent "glitch bill" placed limits on the ability of the SAO to
prosecute those ordinances unless the County enters into a contract with the SAO. The State
Attorney has indicated his preference not to enter into such a contract, citing concerns that such
a contract will have a negative fiscal impact on his budget In upcoming years.
The Florida Constitution and statutes authorize municipalities to prosecute their own ordinances in
County Court but are silent as to whether counties have similar authority. Federal Courts have
held that if a prosecutor acts without any colorable claim of authority, the prosecutor loses
immunity from liability for civil rights violations. Without gUidance from the Attorney General or a
court, legal staff believes that the County would be subject to civil rights claims if the County
undertook to prosecute County ordinance as criminal violations on its own volition.
PREVIOUS RELEVANT BOCC ACTION - nla
CONTRACT/AGREEMENTCHANGES
None.
STAFF RECOMMENDAnONS
Authorize request to Attorney General seeking opinion on County's authority to prosecute
violations of County ordinances.
TOTAL COST none
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OMB/Purchasing
Risk Management
DIVISION DIRECTOR APPROVAL: q ~ 0 r;{.s/.y
JOHN R. COlUNS
DOCUMENTAnON:
Not Required.
AGENDA ITEM # ()~