Handling Municipal

Ordinance Cases
County Court
Training
Nov. 22, 2012
Joel Leppard &
James Fisher

About Ordinances in General

Where to Find MuniCode

Orlando
www.municode.com/library/FL/Orlando/Co
de_of_Ordinances
Or just Google: MuniCode, Orlando

Apopka

www.municode.com/library/FL/Apopka

Billing Time

Bill only attorney time

Bill *ALL* time!

Time spent in transit, in court, meeting with

client, reviewing case, doing research,
emailing attorneys, attending evals

Keep a record of time spent and let Beth

know at conclusion of case.

Who Prosecutes?

City Attorney prosecutes city

ordinance cases

MO cases e.g. 2012-MO-4321-A-O

SAO Office prosecutes county ordinance Cases

CO cases, e.g. 2012-CO-1234-AO

Consequences

Punishable similar to M2, but arent MM

Does not count toward HMO

May count on score sheet
Can result in VOP (as does any arrest)
$500 fine, 60 days county jail and 6
months probation. See Smith v. State, 484
So.2d 581 (Fla. 1986).
Speedy Trial applies. City of Fort
Lauderdale v. Mattlin, 566 So.2d 1330 (Fla.
4th DCA 1990).

Types of MO Cases

Panhandling

Most common MO case

Ordinance

Orlando Municipal Ordinance Section 43.86

Strategies

Open Container

Orlando Ordinance (see next slide)

Orlando Ordinance
Parks and Recreational Areas
it shall be unlawful for any person to
do any one or more of the following
in a park or recreational facility
owned or controlled by the City:
See Sec. 18A.09
Purchase, sell, offer for sale, possess
or consume any alcoholic beverages
as defined by the laws of Florida
except as permitted under Section
33.03 or 33.06 of this Code.

Sec. 33.06. - Open Containers of Alcohol on Public

Property Prohibited; Exceptions.(a)It is unlawful for any
person to sell, consume or possess any alcoholic beverage,
in any cup, glass, can or other open or unsealed container,
at or within any public property within the corporate limits
of the City, including, but not limited to, any public building,
facility, park, playground, recreational facility, street,
sidewalk, right of way, parking lot, and any other property
owned or controlled by the City of Orlando, except in
vehicles on roads as defined in Sec. 316.1936, Florida
Statutes, which are enforceable as noncriminal violations.

-Notice that it is NOT illegal to have or consume an

alcoholic beverage in the city of Orlando on private
property (such as at a gas station)
Only illegal on public property, park or recreational area (list
of park available here).

Dunkin Donuts NOPE! At a recreational area at their own

complex- NOPE! Fifteen bottles of Jack D in their pick up? Not
a criminal offense ! ( Non-criminal traffic infraction)
OTHER EXCEPTIONS:

When it is licensed or permitted

Google Map the location and look it up- ex: Deputy Coate

Apopka Open Container Ordinance

Sec. 6-2. - Possession or consumption in

public place.
(a)
Generally. Except as provided in
subsection (b) of this section, it is unlawful
for any person to consume alcoholic
beverages or carry in any cup, glass, can
or other open or unsealed container any
alcoholic beverage in any public park or
governmental property or on the public
right-of-way, inclusive of streets, sidewalks

Disorderly Conduct, 43.06

Other common ordinance violations:

Brawling in Public

43.06(C) Any person who shall cause,

provoke or engage in any fight, brawl or
riotous conduct;

DEFENSES: Same defenses as MM battery,

disorderly conduct:
Immunity Motions to Dismiss
Self Defense

Blocking Sidewalk

43.06
(i)Any person who shall, after being ordered
by a law enforcement officer to disperse,
congregate with another or others in or on
any public way so as to halt or materially
impair the flow of vehicular or pedestrian
traffic;
(j)Any person who, after being ordered to
move by law enforcement officers, remains in
or on any public street or sidewalk in such a
manner as to block or impair movement of
vehicles or pedestrians.

Possible Constitutional Issues

Other Misc. MO Cases

Camping

Urinating in Public

Violation of State Misdemeanor

The Goals:
1.

Getting Clients Out of Jail

2.

Killing the Ordinance

3.

Getting Paid

Tactics:

Bond

Plea

Prior to In Jail Arraignment

Motions

ROR

Dismiss
Motions to Preserve Evidence
33-day motions

Advocacy / Negotiation / Begging

BE CREATIVE!

Bond

See bond motions

60 day ROR bond motion YES!
Div A Judges, (not your division
judge)

Pleas

ONLY MO/CO cases can safely be pled

out at the OCJ, and then sparingly
and only when clients insist.
First: Contact BRC Division Chief and
the APD doing IAs.
Once they OK it, have your secretary
request plea hearing with the JAIL JA.
Notice must go to State and City
Attorneys.
Keep in mind this is a plea to the
bench, and depending on the judge
may be worse or better than what
theyd get if they wait for the 33rd
day.

Pleading in County Court (Ive

never had one make it past IJA.
This might be your area???)

Other Motions

Motion to dismiss

Motions to Preserve

(c)(4)
Constitutionality of ordinance
Downtown: IRIS video footage

Habeas Petitions
33 day motions

Other Tactics

Negotiating / Begging

Call city attorney

Email city attorney

Persistent Advocacy
File VALID motions that city attorney
has to appear to address
*Make sure you cc: City Attorney on all
MO motions

Special Concerns

MH/competency

CEP referral ASAP*

Best interest of Client?

getting out ASAP or

getting appropriate treatment for underlying problems

social services

SS can provide information/assistance with many nonMH issues:

Typical turn-around for MO/CO case is <30 days

IDs, shelter/job placement, drug treatment facilities, etc

Social Services referrals via STAC

Specify what you want

Veterans

Social Services referral via STAC, specify veterans

assistance referral
Talk to Stephanie Mohl if you have specific questions

Orlando City Attorney Contact Info

City Prosecutor for Orlando,
100 South Hughey Avenue Orlando, FL
32801-2501
PHONE (407) 246-2356

Apopka City Attorney

City Attorney of Apopka
C/O City of Apopka,
120 E. Main Street,
Apopka, Fl 32803
PHONE:
Work: (407) 513-3500

Comments? Questions?
Feedback?