City of Sweetwater v. Penedo

Full title: CITY OF SWEETWATER, FLORIDA, A MUNICIPAL CORPORATION, JOAQUIN CORTERA…

Court: District Court of Appeal of Florida, Third District

Date published: Mar 27, 1986

485 So. 2d 34 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-2440.

March 18, 1986. Rehearing Denied March 27, 1986.

Gus Efthimiou, Jr. and C.P. "Dick" Lantz, for appellants.

Robert M. Brake, for appellee.

Before SCHWARTZ, HENDRY and NESBITT, JJ.

PER CURIAM.

We agree with the trial court that the City Council of Sweetwater lacks power, without a vote of the electorate, to alter the existing authority of the Mayor over the police chief of the municipality. Art. VIII, § 6(e), Fla. Const. of 1968 (incorporating Art. VIII, § 11(1)(g), Fla. Const. of 1885, as amended); Art. V, § 5.03, Metropolitan Dade County Charter; §§ 168.01, 166.01-.02, 166.05, Fla. Stat. (1955); see also § 166.021(3)(b), (4), Fla. Stat. (1985). Accordingly, the judgment below enjoining the enforcement of Emergency Ordinance Number 1621 is

Affirmed.^_

_ The time for filing a motion for rehearing is reduced to five days from this date.