City of Miami v. Keton

• Citation: 115 So.2d 547
• Parties: CITY OF MIAMI, a municipal corporation of the State of Florida, Appellant, v. Oise KETON, a/k/a Osie Keton, Gene C. Russo, and others not named but made parties as members of a class, Appellees.
• Decision Date: 04 November 1959
• Court: United States State Supreme Court of Florida

Page 547

115 So.2d 547

CITY OF MIAMI, a municipal corporation of the State of Florida, Appellant, v. Oise KETON, a/k/a Osie Keton, Gene C. Russo, and others not named but made parties as members of a class, Appellees.

Supreme Court of Florida.

Nov. 4, 1959.

Rehearing Denied Dec. 4, 1959.

William L. Pallot, Milton M. Ferrell and J. M. Flowers, Miami, for appellant.

J. Lewis Hall of Hall, Hartwell & Douglass, Tallahassee, Harry Housen and John H. Gunn, Miami, for appellees.

TERRELL, Justice.

November 6, 1956, the Florida electorate approved Section 11, Article VIII of the Constitution, F.S.A., authorizing Dade County to set up a metropolitan government with power to repeal any general or special act applicable solely to that county. Pursuant to said Section 11, Article VIII, a metropolitan charter was adopted which made the Board of County Commissioners the governing body of Dade County and authorized it by ordinance to repeal any act of the legislature applicable solely to Dade County. The metropolitan charter also created a metropolitan court with jurisdiction to adjudicate any case arising under any ordinance of Dade County.

Chapter 10847, Acts of 1925, better known as the Charter of the City of Miami, established a municipal court with jurisdiction to try all cases arising under the ordinances of the city and with power to regulate traffic and police power arising therefrom. Sections 3(b), 3(y), 3(z), 3(aa) and 59 thereof.

The Board of County Commissioners of Dade County, hereinafter referred to as Commissioners, also enacted Ordinance 57-13, effective October 5, 1957, defining ways and means for conduct of the metropolitan court, established by the metropolitan charter. The latter ordinance also repealed all municipal charters and ordinances in conflict therewith. At the time Ordinance 57-13 became effective, there was no ordinance in effect regulating traffic in Dade County so the metropolitan court had no jurisdiction to regulate traffic in said county. September 20, 1957, Dade County enacted Ordinance 57-12 regulating traffic throughout the county, which nullified all municipal ordinances attempting to regulate traffic in said county and by subsequent amendment established the effective date as March 1, 1958. This ordinance provided that it supersede and nullify all 'municipal ordinances and codes and any and all County ordinances or codes relative to the regulation and enforcement of traffic.' It appears that the City of Miami has continuously tried violations of city traffic ordinances in the city court before and after March 1, 1958.

Appellee Oise Keton was convicted in the city court for driving an automobile while under the influence of intoxicating beverages. He paid a fine of $50, without objection, raised no question as to jurisdiction of the court and did not appeal from the judgment imposed on him. Appellee Gene C. Russo was given a summons for violating a city traffic ordinance. He paid the city $15 to avoid a trial in city court. The payment of both said fines and all proceedings leading to them took place after March 1, 1958, the effective date of Dade County Ordinance 57-12 regulating traffic in the county.

This suit was brought as a class suit under Florida Rules of Civil Procedure, rule 3.6, 31 F.S.A. and for a declaratory decree as authorized by Chapter 87, Florida Statutes, F.S.A., by Keton and Russo in behalf of themselves and others in like situation who paid fines to the city for violation of city traffic ordinances after March 1, 1958, to recover or require return of said fines. It is alleged that there are approximately 190,000 persons per annum who pay fixed fines as a result of summons without the necessity of going to court or being tried, and 50,000 persons per annum who are tried, convicted and pay fines. Keton and Russo contend that the charter power of the city to regulate traffic as well as its ordinances for that purpose were repealed as of March 1, 1958, by County Ordinances 57-12 and 57-13, and being so the city court was devoid of jurisdiction to try cases or impose a fine on appellees.

The city contends on the other hand that its charter power to regulate traffic has never been repealed, that its traffic ordinances have not been repealed, that the claims of appellees, or either of them, cannot be enforced in equity by class suit, that said claims of appellees sound in tort, and a 60 day notice of said claims as required by Section 93 of the city charter is a prerequisite to maintain said suit, and that the respective claims of appellees are based on acts of the city in performance of its governmental functions as distinguished from its proprietary functions, all of which were raised by motion to dismiss as well as answer to the complaint.

On the issues so made, the chancellor held that the charter power of the city and its ordinances to regulate traffic were repealed by Ordinances 57-13 and 57-12 of Dade County and that appellees, including others in the same class, were entitled to return of the fines paid by them. Appellant was enjoined from collecting other fines and was ordered to account for fines collected by it after March 1, 1958. Jurisdiction was retained to enter such orders as were essential to enforce the decree. This appeal is from the decree so entered.

Points One, Two, Three and Four have to do with whether or not Dade County Ordinances 57-13 and 57-12 repealed all municipal charters and ordinances, and all special and general laws applicable only to Dade County.

Counsel agree that these four points may be treated together, but they are at variance as to interpretation of their import. In defense of its contention, appellant says that on October 5, 1957, there were no Dade County traffic ordinances effective in Miami, consequently the metropolitan court had no jurisdiction to try violations of such ordinances. Appellant further points out that there were in effect at the time city traffic ordinances and a city court created by the legislature with jurisdiction to try violations of such ordinances. It is further pointed out that since Metropolitan Ordinance 57-13, effective October 5, 1957, repealed all special and general laws and all municipal ordinances in conflict therewith but contained nothing relating to traffic and since there were no metropolitan traffic ordinances in effect at the time, the said city traffic ordinance could not be in conflict with Ordinance 57-13, neither could it be in conflict with that part of the City Charter of Miami granting the city court jurisdiction to try violations of city ordinances.

Appellant also points out that Ordinance 57-12 was a comprehensive and complete traffic ordinance regulating and controlling traffic throughout Dade County, incorporated and unincorporated areas, and that it did not by express terms repeal any general or special act relating to Dade County. Appellant recognizes the power of Dade County under the Constitution Section 11(1)(c), Article VIII, to abolish municipalities and to transfer all their powers to the Board of County Commissioners, Section 11(1)(d), but contends that since all powers of appellant are derived through special act of the legislature, a transfer of such powers would necessarily require repeal of its charter. For all of which it is contended that it was the intention of Dade County to modify or repeal only that part of the Charter of Miami authorizing it to try violations of traffic ordinances and not to repeal the entire charter.

In conclusion, appellant points out that it does not question the power of Dade County under the metropolitan charter to repeal any part of the city charter, but it contends that such repeal must be accomplished in the manner provided by Section 1.02(b), Metropolitan Charter, and Section 16, Article III of the Constitution, none of which has been complied with. For these and other alleged good and sufficient reasons, it is contended that the ordinance in question is ineffective to repeal the traffic ordinances of the city or the charter powers thereof.

Because of which appellant says (1) the chancellor erred in holding that Dade County Ordinance 57-12 repealed and suspended all traffic ordinances of the City of Miami; (2) the chancellor erred in holding that all traffic ordinances of the City of Miami were null and void for lack of charter power to pass them, and (3) the chancellor erred in holding that the fines collected by the City of Miami were collected without authority of law because the city had no effective traffic ordinance or no court with jurisdiction to try violations of traffic ordinances at the time said fines were paid to appellant.

Appellees meet appellant's contention with the counter proffer that Dade County not only had the power by ordinance to repeal any municipal charter or ordinance, any general or special act of the legislature, applicable only to Dade County, but that by enacting Ordinances 57-12 and 57-13, Dade County did effectively and constitutionally repeal all the municipal charters and ordinances, including general and special acts applicable to Dade County. Appellees further contend that Section 11(1)(f), Article VIII of the Constitution [Dade County Home Rule Amendment], vests such power in Dade County by the following usage:

'* * * such charter may create new courts and judges and clerks thereof with jurisdiction to try all offenses against ordinances passed by the Board of County Commissioners of Dade County and none of the other courts provided for by this Constitution or by general law shall have original jurisdiction to try such offenses * * *.'

The applicable provisions of the Home Rule Charter approved by the electors of Dade County pursuant to the above amendment are as follows:

'Section 6.01

'A. A Court is hereby established, the name of which shall be the Metropolitan Court. There shall be as many judges of this Court as the Board shall deem necessary to administer...