Please E-mail and place upon the City's website any "research" upon which our City Attorney claims our City can create a crime, ex nihilo, as an ordinance and use it to put hundreds of people in jail for violations of city ordinances (e.g., artists, entertainers and musicians on St. George Street and in the Slave Market Square).
Last night, we were told there was a "treatise" by Mr. Mendoza on the subject -- then we were told the "treatise" was verbal.
Surely you have some notes, outlines or legal research. Please share it.
Our State Attorney General, William McCollum has opined that only our governor and legislature can create crimes -- not local governments. AGO 2009-29 (June 15, 2009) states:
"Section 18, Article I of the Florida Constitution which provides that "[n]o administrative agency, . . . shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law." Section 775.08(2), Florida Statutes, defines the term "misdemeanor," as "any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year." Clearly, a misdemeanor involves a potential sentence of imprisonment and would constitute a penalty. Section 775.08(2) also cautions that "[t]he term 'misdemeanor' shall not mean a conviction for any noncriminal traffic violation of any provision of chapter 316 or any municipal or county ordinance[,]"[1] thus, precluding the application of a misdemeanor charge to a violation of any municipal or county ordinance."
Thank you.
Sincerely,
Ed Slavin
Clean Up City of St. Augustine, Florida
904-829-3877 (direct)
215-554-1187 (cellular)
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