582RESOLUTION NO: SA2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA TO SUPPORT LEGISLATION
POSTPONING THE IMPLEMENTATION OF ARTICLE V OF
THE FLORIDA STATE CONSTITUTION AS IT APPLIES A�
TO ABOLISHMENT OF MUNICIPAL COURTS AND PROVIDING N
FOR THE CONTINUANCE OF MUNICIPAL COURTS TO BE
PRESIDED OVER BY A CONSTITUTIONAL MUNICIPAL ��
JUDGE.
WHEREAS, the Constitution of the State of Florida, Article V,
Section 20 (D) (4) provides that Municipal Courts shall be
abolished on or before January 3, 1977; and
WHEREAS, it is the position of The City Council of the City
of Edgewater, Florida that a local element of the Judiciary
is a desirable and necessary part of the Criminal Justice
system; and
WHEREAS, the City Council of. the City of Edgewater, Florida
has made a thorough study of the impact on the people of the
City 66 Edgewater if Article V, Section 20 (D) (4) is not
amended; and
WHEREAS, it has been found through experience of those cities
that have abolished their courts, unforeseen problems have arisen
which make the implementation of such article in its present form
undesirable; and
WHEREAS, the traditional form of government in our state and
nation has provided, for almost two hundred years, a separation
of powers by providing three branches of government((1) the
Executive, (2) the Legislative, (3) the Judicial) in each element
of our government (local, state and national) and the implementation
of this article will result in destroying this separation of powers
SJ'd
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for that government that is closest to the people which has
been imparative in our form of government; and
WHEREAS, there is pending in both Houses of the Legislature
of this State resolutions, if passed, which would alleviate
the above by providing for more time to study the local court
system and providing for Constitutional Municiapl Judges to
be full time and holding office under the same provisions and
qualifications as other judges in the State of Florida while
preserving the continuance of the municipal courts.
THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA:
that it is on Record as wholeheartedly supporting Senate Joint
Resolution No. 270, Senate Bill No. 271, House Joint Resolution
No. 674 and House Bill No. 675 which will delay the implementation
of current Article V as it applies to Municipal Courts to allow
more times for study and establish a Constitutional Municipal
Court System with approval by referendum of the voters.
The foregoing Resolution was presented by Councilman pjpGl�.LC�
who moved
its adoption, said motion being seconded by Councilman
Upon roll call vote the said Resolution was duly declared adopted
at a regular meeting of the City Council held ontthe e�L,2rMay of
1975. The vote of said council upon roll call being
as ollows: /7 n
ATTEST:
tiity clerk
APProved this „2.day o
A.D. J—W-