CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2008 WL 1883899
...ern. Under Florida general law, the statutes do not appear to explicitly authorize a municipal power of criminal prosecution. An express statutory provision for municipal ordinance enforcement stipulates civil actions, not criminal prosecutions. See § 162.30, Fla. Stat. (2007). Even then, section 162.30 pointedly specifies: "municipalities are authorized and required to pay any counsel appointed by the court to represent a private party in such action if the provision of counsel at public expense is required by the Constitution of the...
...41 and expense of the court-appointed counsel as part of its judgment. The state shall bear no expense of actions brought under this section except those that it would bear in an ordinary civil action between private parties in county court." [e.s.] § 162.30, Fla. Stat. (2007). Section 162.30 makes clear that where incarceration is authorized as in these cases the City is required to pay for counsel made necessary for indigent defendants accused of violating such ordinances....
