§ 34-1. State laws relating to misdemeanors adopted.

No person shall commit within the town any act which is, or shall be, recognized by the laws of the state as a misdemeanor.

(Code 1978, § 9-1)

Case law reference— 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).

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.

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.

See also Hecht v. Shaw , 112 Fla. 762, 151 So. 333 (1933); McFarland v. Roberts , 74 So. 2d 88 (Fla. 19554); and State v. Smith , 189 So. 2d 846 (Fla. 4th D.C.A. 1966).

State law reference

Penalty for misdemeanors, F.S. §§ 775.082, 775.083; fines, forfeitures and costs, F.S. § 34.191.