Chapter 600 - GENERAL PROVISIONS; DEFINITIONS

Subtitle A - OFFENSES Chapter 601 - OFFENSES AGAINST OPERATION OF GOVERNMENT Chapter 600 - GENERAL PROVISIONS; DEFINITIONS[1]

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State Law reference— Principal in first degree, F.S. § 777.011; accessory after the fact, F.S. § 777.03; attempts, solicitation, conspiracy, generally, F.S. § 777.04; false reports of commission of crimes, penalty, F.S. § 817.49; perjury, F.S. Ch. 837.

Sec. 600.101. - Short title.

This Title, consisting of Chapters 600 through 646, shall be known and may be cited as the Judicial Code, and will be referred to herein as this Code.

(Ord. 83-591-400, § 1)

Sec. 600.102. - Rules of construction.

(a)

The provisions of this Code and offenses defined by other ordinances shall be strictly construed. When the language is susceptible of differing constructions, it shall be construed most favorably to the accused.

(b)

The provisions of this Chapter are applicable to offenses defined by other ordinances, unless this Code otherwise provides.

(c)

This Section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.

(d)

Whoever, in the course of one unlawful transaction or episode, commits an act or acts constituting a violation of two or more ordinances, upon conviction and adjudication of guilt, shall be sentenced separately for each offense, excluding lesser included offenses, committed during the unlawful episode, and the sentencing judge may order the sentences to be served concurrently or consecutively.

(Ord. 83-591-400, § 1)

Sec. 600.103. - What penal acts or omissions not public offenses.

Acts or omissions to which a pecuniary penalty is attached, recoverable by action by a person for his own use or for the use, in whole or in part, of the City or another public body, are not public offenses within the meaning of this Code.

(Ord. 83-591-400, § 1)

Sec. 600.104. - Principals.

(a)

Whoever commits an offense against the City, or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. He may be charged, convicted and punished as a principal, whether he is or is not actually or constructively present at the commission of the offense.

(b)

Whoever wilfully causes an act to be done which, if directly performed by him or another, would be an offense against the City, is punishable as a principal. He may be charged, convicted and punished as a principal, whether he is or is not actually or constructively present at the commission of the offense.

(Ord. 83-591-400, § 1)

Sec. 600.105. - Accessory after the fact.

Whoever, knowing that an offense against the City has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact. Upon conviction and adjudication of guilt, he shall be punished as provided in Chapter 632.

(Ord. 83-591-400, § 1)

Sec. 600.106. - Attempts, solicitation, conspiracy generally.

(a)

Whoever attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of the offense, but fails in the perpetration or is intercepted or prevented in the execution of the offense, commits the offense of unlawful attempt and shall, when no express provision is made by law for the punishment of attempt, be punished as provided in Chapter 632.

(b)

Whoever solicits another to commit an offense prohibited by law and in the course of the solicitation commands, encourages, hires or requests another person to engage in specific conduct which would constitute the offense or an attempt to commit the offense commits the offense of unlawful solicitation and shall, when no express provision is made by law for the punishment of solicitation, be punished as provided in Chapter 632.

(c)

Whoever shall agree, conspire, combine or confederate with another person or persons to commit any offense commits the offense of unlawful conspiracy and shall, when no express punishment is made by law for the punishment of conspiracy, be punished as provided in Chapter 632.

(d)

It is a defense under this Section that, under circumstances manifesting a complete and voluntary renunciation of his unlawful purpose, the defendant:

(1)

Abandoned his attempt to commit the offense or otherwise prevented its commission.

(2)

After soliciting another person to commit an offense, persuaded the other person not to do so or otherwise prevented commission of the offense.

(3)

After conspiring with one or more persons to commit an offense, persuaded the other persons not to do so or otherwise prevented commission of the offense.

(Ord. 83-591-400, § 1)

Sec. 600.107. - Conveying or imparting false information.

(a)

Whoever conveys or imparts or causes to be conveyed or imparted false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made to do any act which would be an offense prohibited by this Code or any other law, shall be subject to a civil penalty of not more than $1,000, which shall be recoverable in a civil action brought in the name of the City.

(b)

Whoever wilfully and maliciously, or with reckless disregard for the safety of human life, conveys or imparts or causes to be conveyed or imparted false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made to do any act which would be an offense prohibited by this Code or any other law, shall, upon conviction and adjudication of guilt, be guilty of a class B offense.

(Ord. 83-591-400, § 1)

Sec. 600.108. - Failure to accept/pay/appear.

Any person who:

(i)

Willfully refuses to sign and accept an ordinance citation issued by a law enforcement officer or any other person authorized by ordinance or State statute to issue citations; or

(ii)

Willfully fails to appear in court ("court" as used herein to also include any such other office designated on the citation to hear appeals) as required by law; or

(iii)

Not having paid the citation, willfully fails to appear in either the court, the Clerk of the Court's office, or such other location as may be specified on the citation, to request a court date within ten days after issuance of the citation, or having obtained a court date, fails to appear in court, shall be guilty of a Class D offense. In addition, the court may issue an order to show cause why action on the citation has not been taken by the violator upon the request (by affidavit) of the person acting in an authorized capacity for the City, which failure to take action may subject the violator to contempt of court proceedings. The issuance of the aforementioned affidavit by an authorized representative of the City ("authorized representative" defined herein to be either the Director or Division Chief for the City department issuing the citation) shall include a written notification to the violator (sent by first class mail to the violator's last known address) giving the violator a copy of the affidavit and advising that the violator has ten calendar days from the date of the letter to pay the citation at its original class offense fine amount (plus any penalty and/or interest accrued thereon). Said affidavit shall be filed with the court only upon verification within ten calendar days prior to the filing of said affidavit that: (a) the citation is unpaid; (b) no court date has been scheduled or requested; or (c) having requested or scheduled a court date the violator failed to appear in court.

(Ord. 1999-11-E, § 1)

Subtitle A - OFFENSES Chapter 601 - OFFENSES AGAINST OPERATION OF GOVERNMENT