§ 34-1. State misdemeanors adopted.

(a)

It shall be unlawful for any person to commit within the limits of the city any act which is or shall be recognized by the laws of the state as a misdemeanor and the commission of such acts is hereby forbidden.

(b)

Whosoever shall violate the provisions of this section shall be punished on conviction thereof by the same penalty as is provided therefor by the laws of the state, but in no case shall such penalty exceed the punishment provided in section 1-16 of this Code.

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. 1954); and State v. Smith, 189 So. 2d 846 (Fla. 4th D.C.A. 1966).

State law reference

Penalty for violation of misdemeanors, F.S. §§ 775.082, 775.083; discharging firearms in public, F.S. § 790.15. See also Fla. Stats. general index under heading "Fines and Civil Penalties" for listing of state law misdemeanors.