Florida District Courts of Appeal, 1986

City of Sweetwater v. Penedo

Florida District Courts of Appeal · Decided March 18, 1986 · Hendry, Nesbitt, Schwartz

485 So. 2d 34; 11 Fla. L. Weekly 682; 1986 Fla. App. LEXIS 6915 (Southern Reporter, Second Series)

Opinion of the Court

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, § ll(l)(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.

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