SIRGANY INTERNATIONAL, INC., PETITIONER,
v.
MIAMI-DADE COUNTY, FLORIDA, RESPONDENT
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Sirgany International petitioned for a writ of prohibition to prevent a circuit court from exercising jurisdiction over the Miami-Dade Inspector General's action to enforce a subpoena for Sirgany's records. The Florida Third District Court of Appeal denied the petition, holding that circuit courts have jurisdiction to issue injunctions enforcing subpoenas because such enforcement is equitable relief, which falls within circuit court jurisdiction despite county courts' jurisdiction over ordinance violations.
The circuit court has jurisdiction to enforce the subpoena because the Inspector General's action seeks equitable, injunctive relief, which falls within the circuit court's exclusive original jurisdiction in cases in equity and to issue injunctions. County courts' jurisdiction is limited to prosecuting ordinance violators, not to issuing injunctive relief for ordinance enforcement.
[1] Circuit courts have exclusive original jurisdiction to issue injunctions of whatever nature, including those enforcing municipal and county ordinances.
[2] A county inspector general has the authority to subpoena witnesses and require the production of documents in aid of an investigation.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the circuit courts have been assigned jurisdiction to issue all injunctions of whatever nature, which includes those enforcing ordinances”
Establishes the core holding that circuit courts have jurisdiction over equitable enforcement of ordinances through injunction
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Join FLexlaw to unlock all legal intelligenceThe Miami-Dade Inspector General issued a subpoena to Sirgany International seeking production of records related to Sirgany's commercial activities a…
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FLETCHER, Judge.
Sirgany International, Inc., has invoked by petition this court’s original jurisdiction, seeking the issuance of a writ of prohibition. Sirgany contends that the circuit court does not have jurisdiction over the underlying action (circuit court case no. 04-1922 CA32) brought by the Miami-Dade Inspector General to enforce his subpoena seeking certain records of Sirgany. We deny Sirgany’s petition on the merits.
As we noted in Sirgany Internat’l, Inc. v. Miami-Dade County, 845 So. 2d 1017 (Fla. 3d DCA 2003), the Miami-Dade Office of Inspector General has the responsibility to investigate various and sundry county matters, and is delegated the power to subpoena witnesses and to require the production of documents in aid of investigation.1 The Inspector General has sought by subpoena the production of certain records of Sirgany in relation to Sir-gany’s commercial activities at the Miami International Airport. Sirgany has resisted production, thus placing the Inspector General in the position whereby he has had to seek circuit court enforcement of his subpoena.2
Sirgany contends in its prohibition petition that the circuit court does not have jurisdiction of the Inspector General’s subpoena enforcement action. Sirgany bases its argument on Article V, section 20(c)(4), Florida Constitution, and on section 34.01(a), Florida Statutes (2003), both of which provide that the county courts shall have original jurisdiction of all violations of municipal and county ordinances. As Article V, section 5(b), Florida Constitution provides that the circuit courts shall have original jurisdiction which is not vested in the county courts, Sirgany’s ultimate argument is that only the county courts have jurisdiction over municipal and county ordinances. However, section 26.012, Florida Statutes (2003) governs the jurisdiction of the circuit courts. It reads in pertinent part:
“(2) [Circuit courts] shall have exclusive original jurisdiction: ... (c) In all cases in equity ... [and] (3) the circuit court may issue injunctions.”
As we noted, the county courts’ jurisdiction is limited by the Florida Constitution and by statute to violations of municipal and county ordinances; that is, they have jurisdiction over the prosecutions of ordinance violators. On the other hand, the circuit courts have been assigned jurisdiction to issue all injunctions of whatever nature, which includes those enforcing ordinances. As the Inspector General’s petition seeks enforcement of his subpoena, an injunctive action, the circuit court has jurisdiction and Sirgany’s prohibition petition fails.
This jurisdictional arrangement is nothing new. In Pinellas County v. Hooker, 200 So. 2d 560 (Fla. 2d DCA 1967), for example, the Second District Court of Appeal determined that the enforcement of an ordinance (there a zoning ordinance) by circuit court injunctive relief was not precluded by the availability of a legal “remedy,” that being the ability of the county to prosecute a criminal action in county court.3 In commenting on the jurisdictional arrangement the supreme court pointed out in Rich v. Ryals, 212 So. 2d 641, 644 (Fla.1968) that denying the county injunctive relief to enforce zoning regulations and restricting it to county court criminal procedure would in effect render the zoning regulations useless. The same uselessness would result here. Indeed, Sirgany’s argument, if adopted, would eliminate the enforcement of any and all municipal and county ordinances, thus rendering them all useless.
The Inspector General is seeking equitable, injunctive relief enforcing his subpoena which he issued pursuant to the county’s ordinance. His petition in the underlying case has alleged issuance and Sirgany’s noncompliance. That is sufficient to invoke the circuit court’s jurisdiction.
Petition for writ of prohibition is denied.
COPE, J., concurs.
. By section 1.01A(20), Miami-Dade County Home Rule Charter, the Board of County Commissioners has been empowered to:
"Make investigations of county affairs ... and for these purposes ... subpoena witnesses ... and require the production of records."
By section 2~1076(c)(3), Miami-Dade County Code, the Board of County Commissioners delegated subpoena power and production power to the Inspector General. See Sirgany Intenat’l, Inc. v. Miami-Dade County, 845 So. 2d 1017 (Fla. 3d DCA 2003).
. The Inspector General filed suit in the form of a sworn petition to show cause. Whatever its label, it is a civil action. See Rule 1.040, Fla.R.Civ.P. . Hooker also holds that the enforcement of an ordinance does not require the presence of a nuisance in order for injunctive relief to be available.
SCHWARTZ, Chief Judge
(specially concurring).
I believe that the issue in this case is controlled by Southern Records and Tape Service v. Goldman, 458 So. 2d 325 (Fla. 3d DCA 1984), approved, 502 So. 2d 413 (Fla.1986). Although my own preference4 is for the directly contrary view expressed by the Fourth District in Winn-Dixie Stores, Inc. v. Ferris, 408 So. 2d 650 (Fla. 4th DCA 1981), review denied, 419 So. 2d 1197 (Fla.1982), and by Judge Barkdull’s dissent in Southern Records, I am bound to concur on the authority of the majority decision in Southern Records.
. Because nobody has written on either a clean or dirty slate for several decades now, I do not employ that particular cliché.
.In its review of Southern Records the Supreme Court did not resolve the conflict between that decision and Winn-Dixie, 408 So. 2d at 650.
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THE Harp Grp., Inc. v. Helmut W. Leins, 946 So. 2d 571 (Fla. 3d DCA 2006)…ed without an evidentiary hearing on the ground that the court lacked “jurisdiction.” This was clearly erroneous since the court possessed both subject matter jurisdiction of a proceeding for injunction, see Sirgany Int’l, Inc. v. Miami-Dade County, 887 So. 2d 381, 383 (Fla. 3d DCA 2004), and personal jurisdiction over the defendant-appellee through personal service in Florida. The order on appeal is therefore reversed and the preliminary injunction reinstated forthwith pending a full hearing on the merits of…
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Authorities Cited
- Rich v. Ryals, 212 So. 2d 641 (Fla. 1968)
- S. Records & Tape Serv. v. Murray Goldman, 502 So. 2d 413 (Fla. 1986)
- S. Records & Tape Serv. v. The Honorable Murray Goldman, 458 So. 2d 325 (Fla. 3d DCA 1984)
- Winn-Dixie Stores, Inc. v. The Honorable John G. Ferris, 408 So. 2d 650 (Fla. 4th DCA 1981)
- Pinellas Cnty. v. Hooker, 200 So. 2d 560 (Fla. 2d DCA 1967)
- Sirgany Int'l, Inc. v. Miami-Dade Cnty., 845 So. 2d 1017 (Fla. 3d DCA 2003)