§ 26-1. Adoption of state misdemeanors.

(a)

The town does hereby adopt the laws of the state presently in existence, and as they are amended, added to, deleted or changed hereafter, relating to misdemeanors as valid and existing ordinances of the town.

(b)

It shall be unlawful to commit within the corporate limits of the town any act which is or shall be recognized by the laws of the state and this section as a misdemeanor.

(c)

Any person violating any of the provisions of this section shall, upon conviction thereof, be punished as set forth by the laws of the state relating to misdemeanors and as set forth by the ordinances of the town and section 1-15.

(Code 1978, § 8-11)

Case Law reference—Adoption of state law relating to misdemeanors by city upheld, McFarland v. Roberts, 74 So.2d 88(Fla. 1954); 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, 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 ordinances. Id.

State law reference

For listing of state law misdemeanors, see Fla. Stats. general index under heading "Crimes"; penalty for misdemeanors, F.S. §§ 775.082, 775.083; discharging firearms in public, F.S. § 790.15; firearms, regulation preempted, F.S. § 790.33 et seq.; obscenity, preemption of field concerning exposing persons under 17 years of age to harmful motion pictures, exhibitions, shows, representations and presentations, F.S. § 847.013(5); preemption of offenses regarding exposing persons over 17 years of age to obscenity, F.S. § 847.09(1).