Chapter 630 - GENERAL PROVISIONS; LIMITATIONS

Subtitle B - PROCEDURE Chapter 632 - PENALTIES Chapter 630 - GENERAL PROVISIONS; LIMITATIONS[1]

Footnotes: --- (1) ---

Charter reference— Powers of Consolidated Government, Art. 3; Sheriff, Art. 8; judiciary, Art. 13.

State Law reference— Filing charges for trial and appellate proceedings, F.S. § 28.241; services charges and costs, F.S. § 34.041; time limitations, F.S. § 775.15.

Secs. 630.101—630.104. - Reserved.

Editor's note— Repealed pursuant to Article V, Florida Constitution and implementing law including but not limited to § 931.185 and § 28.241, Florida Statutes. See also Chapter 634 (Fines and Costs), Ordinance Code.

Sec. 630.105. - Time limitations.

(a)

Except as otherwise provided in this Section, prosecutions for violations of the Ordinance Code or any other ordinance providing for a penalty are subject to the following periods of limitation:

(1)

A prosecution for a violation must be commenced within two years after it is committed.

(2)

If the period prescribed in subsection (a)(1) of this Section has expired, a prosecution may nevertheless be commenced for:

(i)

An offense, a material element of which is either fraud or a breach of fiduciary obligation, within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.

(ii)

An offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment, within two years from the time he leaves public office or employment, or during any time permitted by any other part of this Section, whichever time is greater.

(b)

An offense is committed either when every element has occurred or, if a legislative purpose to prohibit a continuing course of action plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.

(c)

A prosecution is commenced when either an indictment or an information is filed; provided, that the capias, summons or other process issued on the indictment or information is executed without unreasonable delay. In determining what is reasonable, inability to locate the defendant after diligent search or the defendant's absence from the State shall be considered. If an indictment or information has been filed within the time period prescribed in this Section and the indictment or information is dismissed or set aside because of a defect in its content or form after the time period has elapsed, the period for commencing prosecution shall be extended three months from the time the indictment or information is dismissed or set aside.

(d)

The period of limitation does not run during any time when the defendant is continuously absent from the State or has no reasonably ascertainable place of abode or work within the State, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.

(Ord. 83-591-400, § 1; Ord. 86-666-392, § 1)

Sec. 630.106. - Fines and costs to be repaid.

In each case wherein a fine and costs have been imposed and paid to the City by the convicted person but, upon a new trial being granted, the judgment results in acquittal or a lesser fine, the judge shall include in the judgment and order to the Treasurer to repay the amount of the fine and costs, or the applicable portion thereof, to the defendant. Upon receipt of a certified copy of the judgment, the Treasurer is authorized and required to make repayment to the defendant from the General Fund-General Services District in accordance with the judgment.

(Ord. 69-1008-698, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 86-666-392, § 1)

Note— Former § 306.102.

Subtitle B - PROCEDURE Chapter 632 - PENALTIES