CITY OF HOLLYWOOD vs. MULLIGAN
Supreme Court of Florida
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No. SC04-990
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CITY OF HOLLYWOOD,
Petitioner,
vs.
COLON BERNARD MULLIGAN,
Respondent.
[July 6, 2006]
BELL, J.
The Fourth District Court of Appeal has certified the following question to us as one of great public importance:
Does the Florida Contraband Forfeiture Act preempt local governments from adopting ordinances imposing forfeiture of personal property for misdemeanor offenses?
Mulligan v. City of Hollywood, 871 So. 2d 249, 257 (Fla. 4th DCA 2003).[1] The Fourth District answered this question in the affirmative. We rephrase the question as follows:
Does the Florida Contraband Forfeiture Act (FCFA), sections 932.701-.707, Florida Statutes (2002), preempt a municipality from adopting an ordinance that authorizes the seizure and impoundment of vehicles used in the commission of certain misdemeanor offenses?
We answer this rephrased question in the negative. We hold that the FCFA does not preempt a municipality from using its home rule powers to enact such an ordinance. Therefore, we quash the decision of the Fourth District and remand this case for further proceedings consistent with this opinion.
I. FACTS
This case arose from a suit brought by Colon Bernard Mulligan (Mulligan) against the City of Hollywood (City) challenging the validity of the City's vehicle impoundment ordinance, section 101.46, Hollywood, Florida, Code of Ordinances (1999). Mulligan was arrested by City police officers for soliciting a prostitute in violation of section 796.07, Florida Statutes (2000), a misdemeanor offense. Because Mulligan was in his vehicle at the time of the solicitation, the police officers seized and impounded his vehicle pursuant to the City's ordinance.
As provided by the ordinance, Mulligan appeared before a special master and argued that the seizure was not supported by probable cause. The special master disagreed. Finding probable cause to support the seizure, the special master imposed the sanction as provided for in the ordinance. The special master ordered Mulligan to either pay a $500 administrative fine or forfeit the bond he had previously posted. Mulligan paid the administrative fine, and the vehicle was returned to him.
Mulligan then brought suit against the City seeking a declaratory judgment that the ordinance is invalid. The action was certified as a class action, and Mulligan was named class representative. Mulligan and the City filed cross-motions for summary judgment. The trial court granted the City's motion for summary judgment.
On appeal, the Fourth District reversed. Finding that the ordinance â€
