Florida Statute 16.8 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title IV
EXECUTIVE BRANCH

Chapter 16
ATTORNEY GENERAL

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F.S. 16.08

16.08 Superintendence and direction of state attorneys.—The Attorney General shall exercise a general superintendence and direction over the several state attorneys of the several circuits as to the manner of discharging their respective duties, and whenever requested by the state attorneys, shall give them her or his opinion upon any question of law.

History.—s. 1, ch. 2098, 1877; RS 90; GS 93; RGS 107; CGL 131; s. 48, ch. 95-147.

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Amendments to 16.08

Annotations, Discussions, Cases:

Cases Citing Statute 16.08

Total Results: 64

Carzell Moore v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent

809 F.2d 702, 1987 U.S. App. LEXIS 1217

Court of Appeals for the Eleventh Circuit | Filed: Jan 21, 1987 | Docket: 467321

Cited 161 times | Published

rifle used to murder Ms. Allen).26 See O.C.G.A. § 16-8-2 (1982); see also infra note 43. Pasby then proceeded

Dustin Myers v. Murry Bowman

713 F.3d 1319, 2013 WL 1442055, 2013 U.S. App. LEXIS 7216, 24 Fla. L. Weekly Fed. C 194

Court of Appeals for the Eleventh Circuit | Filed: Apr 10, 2013 | Docket: 610560

Cited 114 times | Published

worth more than $500. See Ga.Code Ann. § 16-8-12(a)(1) (repealed 2012). Murry testified that

David Carter v. Timothy Filbeck

821 F.3d 1310, 2016 U.S. App. LEXIS 8010, 2016 WL 1743573

Court of Appeals for the Eleventh Circuit | Filed: May 3, 2016 | Docket: 3060332

Cited 102 times | Published

taken or appropriated.” See O.C.G.A. § 16-8-2 (emphasis added). The common thread running

Jimmy Ledford v. Shelby Peeples, Jr.

657 F.3d 1208

Court of Appeals for the Eleventh Circuit | Filed: Sep 23, 2011 | Docket: 2905619

Cited 91 times | Published

by deception. See, e.g., O.C.G.A. § 16-8-3; Gentry v. State, 202 Ga.App.

United States v. J.B. Farris, United States of America v. Jeffrey Bernard Bush

77 F.3d 391, 1996 U.S. App. LEXIS 4453, 1996 WL 82490

Court of Appeals for the Eleventh Circuit | Filed: Mar 13, 1996 | Docket: 1053309

Cited 91 times | Published

or (3) sudden snatching. See O.C.G.A. § 16-8-40 (1992). Force is implicit in sudden snatching

Robinson v. State

692 So. 2d 883, 1997 WL 196674

Supreme Court of Florida | Filed: Apr 24, 1997 | Docket: 2538848

Cited 73 times | Published

less than one nor more than 20 years. Ga.Code Ann. § 16-8-40 (1990). Georgia case law interpreting this provision

Ernest Edgar Black Jeff Wigington

811 F.3d 1259, 2016 U.S. App. LEXIS 1057, 2016 WL 278918

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 2016 | Docket: 3030152

Cited 60 times | Published

stolen property, id. *1264 § 16-8-7. A magistrate judge issued the arrest warrants

United States v. Lanza

341 F. Supp. 405, 1972 U.S. Dist. LEXIS 14400

District Court, M.D. Florida | Filed: Mar 30, 1972 | Docket: 1618129

Cited 43 times | Published

request, issue opinions of law to them. Fla.Stat. § 16.08, F.S.A. This relation apparently does not exist

Henry Arthur Drake v. Robert O. Francis

727 F.2d 990, 1984 U.S. App. LEXIS 23842

Court of Appeals for the Eleventh Circuit | Filed: Apr 5, 1984 | Docket: 561790

Cited 40 times | Published

underlying felony conviction, armed robbery. O.C.G.A. § 16-8-41.1 Thus, an unconstitutional intent instruction

Robert Golden, Jr. v. Lanson Newsome, Warden

755 F.2d 1478, 1985 U.S. App. LEXIS 28517

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 1985 | Docket: 112425

Cited 39 times | Published

the offense charged. See O.C.G.A. § 16-8-12(a)(l), Ga.Code Ann. § 26-1812(a) (Harrison,

United States v. Sylvester Anthony Domme, Jr. And Thomas Allen Domme

753 F.2d 950, 1985 U.S. App. LEXIS 28158

Court of Appeals for the Eleventh Circuit | Filed: Feb 21, 1985 | Docket: 598791

Cited 36 times | Published

and direct all state attorneys. Fla.Stat.Ann. § 16.08 (West 1961). United States v. Pacheco,

Hills McGee v. Sentinel Offender Services, LLC

719 F.3d 1236, 2013 WL 2436658

Court of Appeals for the Eleventh Circuit | Filed: Jun 6, 2013 | Docket: 669795

Cited 35 times | Published

“deceitful means or artful practice,” O.C.G.A. § 16-8-3(a), with the specific intent to create a known

United States v. Dallas County Commission

850 F.2d 1433, 11 Fed. R. Serv. 3d 1028, 57 U.S.L.W. 2063, 1988 U.S. App. LEXIS 9460

Court of Appeals for the Eleventh Circuit | Filed: Jul 13, 1988 | Docket: 815657

Cited 34 times | Published

court's decision as to the constitutionality of section 16-8-1, our 1984 decision "did not affirm the 1982

United States v. Dallas County Commission

739 F.2d 1529

Court of Appeals for the Eleventh Circuit | Filed: Oct 22, 1984 | Docket: 254196

Cited 34 times | Published

(1982). The government had challenged Ala.Code § 16-8-1 (1975), the section under which the Board of

Harlin Phillip Seritt, Jr. v. State of Alabama

731 F.2d 728, 1984 U.S. App. LEXIS 22902

Court of Appeals for the Eleventh Circuit | Filed: May 3, 1984 | Docket: 1236256

Cited 30 times | Published

less than 5 nor more than 20 years.” Ga.Code Ann. § 16-8-41 (1982). 26 Georgia has no habitual

The New Alliance Party of Alabama Michael Jeter and Nathaniel Ivory v. Perry A. Hand, Secretary of State for the State of Alabama

933 F.2d 1568, 1991 U.S. App. LEXIS 12933, 1991 WL 95279

Court of Appeals for the Eleventh Circuit | Filed: Jun 24, 1991 | Docket: 1003281

Cited 26 times | Published

See Acts of Alabama 1978, No. 691 § 16. 8 . The number of signatures required

William Alvin Smith, Cross-Appellee v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Cross-Appellant

887 F.2d 1407

Court of Appeals for the Eleventh Circuit | Filed: Dec 4, 1989 | Docket: 503336

Cited 25 times | Published

writ as to Smith’s convictions. . See O.C.G.A. § 16-8-41(a). .This was prior to Ake v. Oklahoma, 470

Hall, Moffett v. Alabama Association of School Boards, Sandra Sims-Degraffenreid

326 F.3d 1157, 2003 U.S. App. LEXIS 6015, 2003 WL 1590270

Court of Appeals for the Eleventh Circuit | Filed: Mar 28, 2003 | Docket: 1942591

Cited 19 times | Published

appointing a new superintendent. 1975 Ala.Code § 16-8-7. Having no experience, individually or collectively

Irma Ovalles v. United States

905 F.3d 1231

Court of Appeals for the Eleventh Circuit | Filed: Oct 4, 2018 | Docket: 7986148

Cited 18 times | Published

includes any "crime of violence" as defined in § 16. 8 U.S.C. § 1227 (a)(2)(A)(iii) ; see

Hill v. State

358 So. 2d 190

District Court of Appeal of Florida | Filed: May 10, 1978 | Docket: 1311292

Cited 18 times | Published

reasonably foreseeable future." Colo. Rev. Stat. § 16-8-120 (1973). [9] See statutes collected by C. Hamann

Jefferson v. Hall

570 F.3d 1283, 2009 U.S. App. LEXIS 14129, 2009 WL 1636956

Court of Appeals for the Eleventh Circuit | Filed: Jun 12, 2009 | Docket: 399447

Cited 16 times | Published

of armed robbery, in violation of Ga.Code Ann. § 16-8-41. Ex. 2 at 327. B. The Penalty Phase of Jefferson’s

UNITED AUTO. INS. v. Total Rehab & Medical Center

870 So. 2d 866, 2004 WL 231799

District Court of Appeal of Florida | Filed: Feb 4, 2004 | Docket: 1697906

Cited 13 times | Published

Philip J. Padovano, Florida Appellate Practice § 16.8 at 240 (2004 ed.) (footnote omitted); see also

Ronel Ramos v. U.S. Attorney General

709 F.3d 1066, 2013 WL 599552, 2013 U.S. App. LEXIS 3510

Court of Appeals for the Eleventh Circuit | Filed: Feb 19, 2013 | Docket: 788312

Cited 12 times | Published

1227(a)(2)(A)(iii) when he pled guilty to violating Georgia Code § 16-8-14, a statute that criminalizes shoplifting. An

Forman v. Wallshein

671 So. 2d 872, 1996 WL 180067

District Court of Appeal of Florida | Filed: Apr 17, 1996 | Docket: 1672098

Cited 12 times | Published

The Florida Bar, Florida Civil Trial Practice, § 16.8, at 16-9 (4th ed. 1994). *874 More recently, writing

Lindsey v. King

894 So. 2d 1058, 2005 WL 230449

District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 1767461

Cited 11 times | Published

Philip J. Padovano, Florida Appellate Practice § 16.8 at 241-42; other citations omitted). Turning to

Charles Joseph Lobosco v. A.C. Thomas, Warden

928 F.2d 1054, 1991 U.S. App. LEXIS 6008, 1991 WL 42422

Court of Appeals for the Eleventh Circuit | Filed: Apr 16, 1991 | Docket: 690808

Cited 10 times | Published

315 S.E.2d at 654. 17 . O.C.G.A. § 16-8-41(a); see Hicks v. State, 232 Ga

William Henry Hogencamp v. Lee County Board of Education of Lee County

722 F.2d 720, 1984 U.S. App. LEXIS 26461, 15 Educ. L. Rep. 68

Court of Appeals for the Eleventh Circuit | Filed: Jan 13, 1984 | Docket: 903813

Cited 10 times | Published

ordered to fill the vacancies created. Section 16-8-1 provides that “[t]he county board of education

Joseph Thomas v. Ralph Kemp, Warden, Georgia Diagnostic & Classification Center, Respondent

766 F.2d 452

Court of Appeals for the Eleventh Circuit | Filed: Sep 12, 1985 | Docket: 497712

Cited 9 times | Published

underlying the felony murder conviction. O.C.G.A. § 16-8-41(a). At trial, the judge instructed the jury

United States v. Nathan E. Gundy

842 F.3d 1156, 2016 U.S. App. LEXIS 21064, 2016 WL 6892164

Court of Appeals for the Eleventh Circuit | Filed: Nov 23, 2016 | Docket: 4544565

Cited 7 times | Published

after Mr. DeFrancis's conviction. See O.C.G.A. § 16-8-18; see also Ga, L. 1976, p. 186, § 1. . While

McLESTER v. SMITH

802 F.2d 1330

Court of Appeals for the Eleventh Circuit | Filed: Oct 20, 1986 | Docket: 1212113

Cited 6 times | Published

law for a similar crime in the first degree. Section 16-8-41(b), Ga.Code.Ann. (1984); (Coker v. Georgia

Michael Weaver v. Madison City Board of Education

771 F.3d 748, 23 Wage & Hour Cas.2d (BNA) 1180, 2014 U.S. App. LEXIS 21293, 98 Empl. Prac. Dec. (CCH) 45,188

Court of Appeals for the Eleventh Circuit | Filed: Nov 4, 2014 | Docket: 2592344

Cited 5 times | Published

interests of the schools may require[.]”); Ala.Code § 16-8-23 (“The county board [of education] may suspend

Ledford v. Peeples

605 F.3d 871, 2010 U.S. App. LEXIS 9327, 2010 WL 1796568

Court of Appeals for the Eleventh Circuit | Filed: May 6, 2010 | Docket: 65659105

Cited 5 times | Published

law for theft by deception. See, e.g., O.C.G.A. § 16-8-3; Gentry v. State, 202 Ga.App. 465, 414 S.E.2d

Holybrice v. State

753 So. 2d 621, 2000 WL 201440

District Court of Appeal of Florida | Filed: Feb 23, 2000 | Docket: 1433214

Cited 5 times | Published

property is taken or appropriated. GA. CODE ANN. § 16-8-2 (1993). The trial court ruled this was equivalent

Jones v. Garner

164 F.3d 589, 1999 U.S. App. LEXIS 152

Court of Appeals for the Eleventh Circuit | Filed: Jan 6, 1999 | Docket: 2037128

Cited 5 times | Published

16-6-1; armed robbery, see Ga.Code Ann. § 16-8-41; kidnapping for ransom, see Ga.Code

Curtis Echols v. A.G. Thomas

33 F.3d 1277, 1994 U.S. App. LEXIS 25938, 1994 WL 508257

Court of Appeals for the Eleventh Circuit | Filed: Sep 19, 1994 | Docket: 1037032

Cited 5 times | Published

between O.C.G.A. § 16-8-41(b) (Michie 1992) and O.C.G.A. § 17-10-l(a) (Michie 1990). Section 16-8-41(b) provides

Jaffree v. Wallace

705 F.2d 1526, 36 Fed. R. Serv. 2d 728, 1983 U.S. App. LEXIS 28064

Court of Appeals for the Eleventh Circuit | Filed: May 12, 1983 | Docket: 66193278

Cited 5 times | Published

removed by the county school boards. See Ala.Code § 16-8-23 (1927). The Alabama county school boards are

Transamerica Insurance Co. v. Maze

318 So. 2d 200

District Court of Appeal of Florida | Filed: Jul 30, 1975 | Docket: 1476717

Cited 4 times | Published

Civil Practice Before Trial, Third Edition, Section 16.8 at page 396: "... RCP 1.280(b)(2) should not

Kemp v. American Telephone & Telegraph Co.

393 F.3d 1354, 2004 WL 2980006

Court of Appeals for the Eleventh Circuit | Filed: Dec 27, 2004 | Docket: 65656679

Cited 3 times | Published

theft by deception under state law, Ga.Code Ann. § 16-8-3, which were the predicate crimes triggering RICO

Belcher Oil Co. v. Florida Fuels, Inc.

749 F. Supp. 1104, 1990 U.S. Dist. LEXIS 14960, 1990 WL 171214

District Court, S.D. Florida | Filed: Nov 6, 1990 | Docket: 1182510

Cited 3 times | Published

injury requirement to equity actions under section 16. [8] Belcher attempts to distinguish Atlantic

Stewart v. Baldwin County Board of Education

908 F.2d 1499

Court of Appeals for the Eleventh Circuit | Filed: Aug 15, 1990 | Docket: 66255568

Cited 3 times | Published

to the allotment of public school funds.” Id. at § 16-8-3. It is clear that Alabama school boards have

Winsome Elaine Vassell v. U.S. Attorney General

839 F.3d 1352, 2016 U.S. App. LEXIS 18987, 2016 WL 6134832

Court of Appeals for the Eleventh Circuit | Filed: Oct 21, 2016 | Docket: 4481442

Cited 2 times | Published

that Winsome Vassell’s conviction under O.C.G.A. § 16-8-2 was a “theft offense” as that term is defined

Ledford v. Peeples

630 F.3d 1345

Court of Appeals for the Eleventh Circuit | Filed: Sep 23, 2011 | Docket: 1021290

Cited 2 times | Published

law for theft by deception. See, e.g., O.C.G.A. § 16-8-3; Gentry v. State, 414 S.E.2d 696, 697 (Ga. Ct

Ledford v. Peeples

630 F.3d 1345, 2011 WL 149890

Court of Appeals for the Eleventh Circuit | Filed: May 22, 2009 | Docket: 1618651

Cited 1 times | Published

law for theft by deception. See, e.g., O.C.G.A. § 16-8-3; Gentry v. State, 202 Ga.App. 465, 414 S.E.2d

James W. Sikes v. Teleline, Inc.

393 F.3d 1354

Court of Appeals for the Eleventh Circuit | Filed: Dec 27, 2004 | Docket: 398194

Cited 1 times | Published

theft by deception under state law, Ga.Code Ann. § 16-8-3, which were the predicate crimes triggering RICO

United States v. Xavier Brooks

Court of Appeals for the Eleventh Circuit | Filed: Aug 9, 2024 | Docket: 68186309

Published

Argued: Jan 24, 2024

O.C.G.A. § 16-8-41, and a 2008 conviction for robbery, O.C.G.A. § 16-8-40. Next, the PSI

United States v. Chavar Alec Harrison

Court of Appeals for the Eleventh Circuit | Filed: Jan 10, 2023 | Docket: 66712134

Published

whether Georgia’s robbery statute, O.C.G.A. § 16-8-40, is divisible under Mathis v. United States

Support Working Animals, Inc. v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Aug 12, 2021 | Docket: 60149361

Published

direction” over elected state attorneys, Fla. Stat. § 16.08, who can enforce § 32 and, separately, that the

Keefe Gordon v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Jun 24, 2020 | Docket: 17288588

Published

receipt of stolen property, in violation of O.C.G.A. § 16-8-7. In 2017, the Department of Homeland Security

Irma Ovalles v. United States

Court of Appeals for the Eleventh Circuit | Filed: Oct 4, 2018 | Docket: 7999025

Published

of rendering aliens removable. See 18 U.S.C. § 16; 8 U.S.C. § 1101(a)(43)(F); 8 U.S.C. § 1227(a)(2)(A)(iii)

Irma Ovalles v. United States

Court of Appeals for the Eleventh Circuit | Filed: Oct 4, 2018 | Docket: 8023866

Published

of rendering aliens removable. See 18 U.S.C. § 16; 8 U.S.C. § 1101(a)(43)(F); 8 U.S.C. § 1227(a)(2)(A)(iii)

Winsome Elaine Vassell v. U.S. Attorney General

825 F.3d 1252, 2016 U.S. App. LEXIS 10612, 2016 WL 3240221

Court of Appeals for the Eleventh Circuit | Filed: Jun 13, 2016 | Docket: 3077842

Published

“theft by taking” in violation of Georgia Code § 16-8-2. Mrs. Vassell has filed a petition for review

Michael Weaver v. Madison City Board of Education

Court of Appeals for the Eleventh Circuit | Filed: Nov 4, 2014 | Docket: 2901002

Published

interests of the schools may require[.]”); Ala. Code § 16-8-23 (“The county board [of education] may suspend

Dustin Myers v. Murry Bowman

Court of Appeals for the Eleventh Circuit | Filed: Apr 10, 2013 | Docket: 2903259

Published

property worth more than $500. See Ga. Code Ann. § 16–8–12(a)(1) (repealed 2012). Murry testified that

United States v. Jonas Coronado-Cura

713 F.3d 597, 2013 WL 1197784, 2013 U.S. App. LEXIS 6079

Court of Appeals for the Eleventh Circuit | Filed: Mar 26, 2013 | Docket: 362642

Published

felony “crime of violence,” as defined in 18 U.S.C. § 16. 8 U.S.C. § 1101(a)(43)(F). And “crime of violence”

United States v. Jonas Coronado-Cura

Court of Appeals for the Eleventh Circuit | Filed: Mar 26, 2013 | Docket: 2903327

Published

“crime of violence,” as defined in 18 U.S.C. § 16. 8 U.S.C. § 1101(a)(43)(F). And “crime of violence”

Ledford v. Peeples

568 F.3d 1258, 2009 U.S. App. LEXIS 14168, 2009 WL 1425256

Court of Appeals for the Eleventh Circuit | Filed: May 22, 2009 | Docket: 65658915

Published

law for theft by deception. See, e.g., O.C.G.A. § 16-8-3; Gentry v. State, 202 Ga.App. 465, 414 S.E.2d

Michael T. Byrne v. Camran Nezhat, M.D.

261 F.3d 1075

Court of Appeals for the Eleventh Circuit | Filed: Aug 14, 2001 | Docket: 397048

Published

violation of 18 U.S.C. 1341 (Mail Fraud), O.C.G.A. § 16-8-3 (Theft by Deception), and O.C.G.A. §16-5-23 (Battery)

Michael T. Byrne v. Camran Nezhat, M.D.

261 F.3d 1075, 50 Fed. R. Serv. 3d 1350, 2001 U.S. App. LEXIS 18343

Court of Appeals for the Eleventh Circuit | Filed: Aug 14, 2001 | Docket: 1118826

Published

violation of 18 U.S.C. 1341 (Mail Fraud), O.C.G.A. § 16-8-3 (Theft by Deception), and O.C.G.A. § 16-5-23

Jones v. Garner

164 F.3d 589

Court of Appeals for the Eleventh Circuit | Filed: Jan 6, 1999 | Docket: 74877

Published

ANN. § 16-6-1; armed robbery, see GA. CODE ANN. § 16-8-41; kidnapping for ransom, see GA. CODE ANN. §

Robinson v. State

680 So. 2d 481, 1996 Fla. App. LEXIS 3035, 1996 WL 134306

District Court of Appeal of Florida | Filed: Mar 27, 1996 | Docket: 64767851

Published

force beyond the mere effort to take the property. § 16-8-40(a), Ga.Code Ann. (1994); King v. Georgia, 214

United States v. Dallas County Commission

850 F.2d 1433

Court of Appeals for the Eleventh Circuit | Filed: Jul 13, 1988 | Docket: 66236370

Published

governing elections. Under an option of Alabama Code § 16-8-1, the School Board is comprised of five members

Sutton v. Escambia County Board of Education

809 F.2d 770, 37 Educ. L. Rep. 80

Court of Appeals for the Eleventh Circuit | Filed: Feb 12, 1987 | Docket: 66222410

Published

boundaries of the City of Brewton. Pursuant to Ala.Code § 16-8-1, county board members are elected at large by

McLester v. Smith

802 F.2d 1330, 1986 U.S. App. LEXIS 32364

Court of Appeals for the Eleventh Circuit | Filed: Oct 20, 1986 | Docket: 66220685

Published

law for a similar crime in. the first degree. Section 16-8-41(b), Ga.Code.Ann. (1984); (Coker v. Georgia

United States v. Dallas County Commission

791 F.2d 831, 32 Educ. L. Rep. 496, 1986 U.S. App. LEXIS 25316

Court of Appeals for the Eleventh Circuit | Filed: May 23, 1986 | Docket: 66216752

Published

the United States contended that Alabama Code § 16-8-1, the statute that provides for at-large school