16.01
Residence, office, and duties of Attorney General.
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16.01 Residence, office, and duties of Attorney General.—The Attorney General:
(1) Shall reside at the seat of government and shall keep his or her office in the capitol.
(2) Shall perform the duties prescribed by the Constitution of this state and also perform such other duties appropriate to his or her office as may from time to time be required of the Attorney General by law or by resolution of the Legislature.
(3) Notwithstanding any other provision of law, shall, on the written requisition of the Governor, a member of the Cabinet, the head of a department in the executive branch of state government, the Speaker of the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, or the Minority Leader of the Senate, and may, upon the written requisition of a member of the Legislature, other state officer, or officer of a county, municipality, other unit of local government, or political subdivision, give an official opinion and legal advice in writing on any question of law relating to the official duties of the requesting officer.
(4) Shall appear in and attend to, in behalf of the state, all suits or prosecutions, civil or criminal or in equity, in which the state may be a party, or in anywise interested, in the Supreme Court and district courts of appeal of this state.
(5) Shall appear in and attend to such suits or prosecutions in any other of the courts of this state or in any courts of any other state or of the United States. This subsection is not intended to authorize the joinder of the Attorney General as a party in such suits or prosecutions.
(6) Shall act as co-counsel of record in capital collateral proceedings.
(7) Shall have and perform all powers and duties incident or usual to such office.
(8) Shall make and keep in his or her office a record of all his or her official acts and proceedings, containing copies of all official opinions, reports, and correspondence, and also keep and preserve in the office all official letters and communications to him or her and cause a registry and index thereof to be made and kept, all of which official papers and records shall be subject to the inspection of the Governor of the state and to the disposition of the Legislature by act or resolution thereof.
(9) May periodically publish a report of his or her official opinions and may prepare and publish an index or consolidated index or indexes of opinions.
History.—s. 2, ch. 2, 1845; ch. 1845, 1871; RS 85; GS 87; RGS 101; CGL 125; s. 7, ch. 22858, 1945; s. 7, ch. 59-1; s. 1, ch. 78-399; s. 1, ch. 79-159; s. 7, ch. 81-259; s. 1, ch. 85-123; s. 45, ch. 95-147; s. 10, ch. 97-313; s. 6, ch. 2001-266.
Notes of Decisions
Cited in 58
cases (10 in the last 5 years), 1943–2026 · leading case: State of Florida Ex Rel. Robert L. Shevin, Attorney General, Plaintiff v. Exxon Corporation
State of Florida Ex Rel. Robert L. Shevin, Attorney General, Plaintiff v. Exxon Corporation (1976)
“Fla.Stat.Ann. § 16.01 (1961); see Beverly v.”
Bondi v. Tucker (2012)
“110(b) (requiring notice to be filed within 30 days of rendition), the Attorney General filed 1 a notice of appeal of the trial court’s order, not on behalf of any party to the proceedings below, but “in her capacity as the Attorney General of the State of Florida and pursuant…”
Barnes v. State (1999)
“Section 16.01 unambiguously authorizes only the Attorney General to represent the state in the appellate courts of this state, and section 27.”
West v. Caterpillar Tractor Company, Inc. (1976)
“1st 1972), quoting from 2 Frumer and Friedman Products Liability § 16.01(3), at 3-20 to 3-31. The defendant manufacturer may assert that the plaintiff was negligent in some specified manner other than failing to discover or guard against a defect, such as assuming the risk, or…”
Florida Carry, Inc. v. University of North Florida (2013)
“Section 16.01(4), Florida Statutes (2011), provides that the Attorney General “[s]hall appear in and attend to, in behalf of the state, all suits or prosecutions, civil or criminal or in equity, in which the state may be a party, or in anywise interested, in the Supreme Court…”
Holland v. Watson (1943)
“The duties of the Attorney General of Florida are set out in Section 22 of Article IV of the Constitution and Section 16.01, Florida Statutes 1941, as follows: “Section 22, Article IV — The Attorney General shall be the legal advisor of the Governor, and of each of the officers…”
Kuhnlein v. Department of Revenue (1995)
“It is self-evident, however, that the State has an interest in protecting its citizens from excessive fees or costs which would diminish the amount of the tax refund they are entitled to receive from the common fund in this case.”
Miami Herald Pub. Co. v. Marko (1977)
“[3] The Attorney General appears in defense of the constitutionality of the statute pursuant to § 16.01, Fla. Stat. (1975), and the decision of this Court in State ex rel.”
Love v. State (1990)
“See § 16.01, Fla. Stat. (1989). Ex parte communication between a trial judge and assistant attorney general concerning a pending criminal case is totally inappropriate and will mandate reversal if: 1) The defense has requested that the trial judge recuse himself or has requested…”
Zoltan Barati v. State of Florida, Motorola, Inc. (2016)
“” § 16.01(4) & (5), Fla. Stat. The organic and statutory law are not the only sources of authority of the Attorney General; the common law provides the Attorney General the authority to intervene in matters of “compelling public interest,” as recognized by the Florida Supreme…”
Ervin v. Collins (1956)
“Section 12 of the complaint so alleges and the same section of the answer admits this allegation to be true.”
Joseph Richard Redner v. Charles S. Dean, Sheriff of Citrus County, Florida, Robert A. Butterworth (1994)
“” Fla.Stat.Ann. § 16.01(4). Although Rule 4 of the Rules Governing Section 2254 Cases requires that the state attorney general be served, the advisory committee notes to that rule make clear that the attorney general “is not required to answer if it is more appropriate for some…”
— 16.01(2) — 7 cases
— 16.01(3) — 12 cases
West v. Caterpillar Tractor Company, Inc. (1976)
“1st 1972), quoting from 2 Frumer and Friedman Products Liability § 16.01(3), at 3-20 to 3-31. The defendant manufacturer may assert that the plaintiff was negligent in some specified manner other than failing to discover or guard against a defect, such as assuming the risk, or…”
— 16.01(4) — 21 cases
Bondi v. Tucker (2012)
“110(b) (requiring notice to be filed within 30 days of rendition), the Attorney General filed 1 a notice of appeal of the trial court’s order, not on behalf of any party to the proceedings below, but “in her capacity as the Attorney General of the State of Florida and pursuant…”
Florida Carry, Inc. v. University of North Florida (2013)
“Section 16.01(4), Florida Statutes (2011), provides that the Attorney General “[s]hall appear in and attend to, in behalf of the state, all suits or prosecutions, civil or criminal or in equity, in which the state may be a party, or in anywise interested, in the Supreme Court…”
Barnes v. State (1999)
“Section 16.01 unambiguously authorizes only the Attorney General to represent the state in the appellate courts of this state, and section 27.”
Kuhnlein v. Department of Revenue (1995)
“It is self-evident, however, that the State has an interest in protecting its citizens from excessive fees or costs which would diminish the amount of the tax refund they are entitled to receive from the common fund in this case.”
Zoltan Barati v. State of Florida, Motorola, Inc. (2016)
“” § 16.01(4) & (5), Fla. Stat. The organic and statutory law are not the only sources of authority of the Attorney General; the common law provides the Attorney General the authority to intervene in matters of “compelling public interest,” as recognized by the Florida Supreme…”
— 16.01(4)(5) — 1 case
Fulk v. State (1982)
— 16.01(5) — 2 cases
Olive v. Maas (2002)
— 16.01(7) — 7 cases
— 16.01(a) — 1 case
Federated Stores Realty, Inc. v. Final Touch Boutique, Inc. (In Re Final Touch Boutique, Inc.) (1980)
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