CopyCited 237 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 4821, 1988 WL 26461
...The affidavit of Larry Dollar attached to his alternative motion contains the assertion that the decision to file charges against Mr. Rich was made by Assistant State Attorney Neal. Nothing in the showings made by Rich either challenges or rebuts the assertions made in these two affidavits. In addition, Fla.Stat. § 27.02 (1985) clearly establishes that it is the States Attorney who is assigned the duty to “......
CopyCited 44 times | Published | Court of Appeals for the Eleventh Circuit | 194 A.L.R. Fed. 745, 2002 U.S. App. LEXIS 13972, 2002 WL 1482775
discrimination in violation of Ala.Code § 27-2-1, and claims for suppression and conspiracy. Both
CopyCited 42 times | Published | Florida 4th District Court of Appeal
...ner. NOTES [1] Section 10, Declaration of Rights, Constitution of Florida, F.S.A. [2] Article III, Section 20, Constitution of Florida. [3] State v. Clemmons, Fla. 1963,
150 So.2d 231. [4] Article V, Section 6(6), Constitution of Florida. [5] F.S.A. §
27.02....
CopyCited 18 times | Published | Supreme Court of Florida | 2002 WL 432575
...(2000) (providing that state attorneys serve on a full-time basis and are prohibited from the private practice of law) with §
27.51(3), Fla. Stat. (2000) (providing that public defenders serve on a full-time basis and are prohibited from the private practice of law). [5] Compare §
27.02, Fla....
CopyCited 16 times | Published | Florida 4th District Court of Appeal | 1999 WL 72206
...[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 and district courts of appeal of this state.") and section
27.02 ("The state attorney shall appear in the circuit and county courts within his or her judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions, civil or criminal, in which the state is a party, except as provided in chapters 39, 984, and 985."). §§
16.01(4) and
27.02, Fla....
...thorize the supplemental motion. It is also conspicuous that the Attorney General's response does not adopt any part of the supplemental motion on behalf of his office. Mr. Raft also timely responded to the order, acknowledging sections
16.01(4) and
27.02 but arguing that, in spite of their clear import, a state attorney has a common law right unaffected by these statutes to represent the State of Florida in criminal appeals....
...Indeed the representation of the state in appellate court extraordinary review of orders entered before judgment in ongoing criminal prosecutions in the circuit court strikes us as probably not inconsistent with a State Attorney's general duties described in section 27.02....
...riminal, in which the state is a party." [e.s.] By its plain terms, section
27.05 pertains only to the supreme court and even then it merely requires the local prosecuting official to assist the Attorney General, not to replace that office. Notably, section
27.02 is confined to only the trial courts within the State Attorney's jurisdiction....
...same statute also contains a proviso that the common law so adopted is "not inconsistent" with "the acts of the Legislature of this state." §
2.01, Fla. Stat. (1997). Mr. Raft's common law argument is plainly inconsistent with section
16.01(4) and section
27.02. Section
16.01 unambiguously authorizes only the Attorney General to represent the state in the appellate courts of this state, and section
27.02 plainly limits a State Attorney's authority to represent the state to criminal prosecutions in the county and circuit courts within the judicial circuit in which the State Attorney holds office....
CopyCited 14 times | Published | Florida 4th District Court of Appeal
JJ., concur. NOTES [1] 9A Fla.Jur., Damages, § 27. [2] 9A Fla.Jur., Damages, § 82. [3] Conner v. Atlas
CopyCited 9 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 1, 2012 Fla. LEXIS 22, 2012 WL 16692
...The state attorney has a statutory obligation to "appear in the circuit and county courts within his or her judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions, civil or criminal, in which the state is a party." Id. (citing § 27.02(1), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 61 A.L.R. 3d 786
[1] 13 Am.Jur.2d 29, Building, Etc. Contracts, § 27. [2] Wisconsin Red Pressed Brick Co. v. Hood (1897)
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...ve action to enforce DER's related rules and regulations under section
120.69(1)(a). BACKGROUND On September 27, 1982, appellant filed the above-mentioned alternative actions in the Twelfth Judicial Circuit in Sarasota County. Appellant alleged: (1) section
27.02, Florida Statutes (1981), [3] when read in conjunction with article V, section 17, Florida Constitution (1968), [4] gave him authority to file the civil action for damages and penalties, and section
120.69(1)(a) gave him authority to fi...
...utes (1981), [8] with respect to the administrative action. At the conclusion of the hearing, the trial court took the case under advisement and then later issued its final order on December 22, 1982. In that order, the court specifically ruled: (1) section 27.02 is merely enabling legislation for article V, section 17 of the Florida Constitution and simply "authorizes a state attorney to bring criminal and civil actions, but does not give special authority to bring an action [pursuant to sectio...
...ion
120.52(1)(b). It is from this order that the state attorney appeals. ISSUES In this appeal, we have discerned the following two related and important issues which merit our discussion: (1) whether a state attorney has independent authority under section
27.02 (or any other statute) to institute in his judicial circuit and on behalf of the state a civil action for damages and penalties pursuant to section
403.141(1) for alleged violations of section
403.161(1) occurring in his circuit, and (2...
...rol of the conditions creating the violation or other appropriate corrective action. (Emphasis supplied). Accordingly, we must analyze appellant's assertions in light of the relevant statutory provisions. Discussion Appellant essentially argues that section
27.02 when read in conjunction with article V, section 17 [13] grants him the authority to independently initiate a section
403.141(1) civil action on behalf of the state....
...ncern for today's burgeoning environmental problems that are inevitable with commercial development, we, nevertheless, reject appellant's novel contention with respect to this issue. We reach this conclusion after examining article V, section 17 and section 27.02 together, as well as determining the legislature's intention with respect to this issue as evidenced by the enactment of various statutes relating to the authority of state attorneys and by the enactment of certain sections of Chapter 403....
...Rather, only a specific general law can grant him the power to file such a suit. Such a construction of article V, section 17 is consistent with the scope of authority traditionally granted to and exercised by a state prosecuting attorney. Furthermore, we hold that section 27.02 contrary to appellant's contention, is not such a specific general law but only broadly sets forth, as its heading indicates, a state attorney's general duties....
...[2] Section 7 states: "It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise." [3] Section 27.02 provides: "The state attorney shall appear in the circuit and county courts within his judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions civil or criminal, in which the state is a party......
CopyCited 4 times | Published | Supreme Court of Florida
...e or oral communications by the department of law enforcement or any law enforcement agency... ." The state attorneys are constitutional officers (Fla. Const., art. V, § 17, F.S.A.), in whom the Legislature vested the duty to prosecute (Fla. Stat., § 27.02, F.S.A.)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31465393
...Indeed, he could not make that claim because the information against him was filed by the state attorney for the Twentieth Judicial Circuit, who clearly had jurisdiction to prosecute him for a crime committed in that circuit. Art. V, § 17, Fla. Const.; § 27.02, Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 291, 1985 Fla. LEXIS 3392
...I agree with the court's approval and adoption of the decision and opinion of the district court of appeal to the extent that the decision holds that the state attorney did not have authority derived from article V, section 17, Florida Constitution and section
27.02, Florida Statutes (1981), to bring the action for civil penalties or enforcement pursuant to sections
403.121 and
403.141, Florida Statutes (1981), or under chapter 120, Florida Statutes (1981)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Ass'n of Criminal Defense Lawyers, Inc.,
978 So.2d 134, 138 (Fla.2008). Here, unlike Behr and In re Prosecution, the State sought standing as a party to each of the twenty-one criminal cases. The State, as a party to the criminal cases, is treated by statute differently than the counties. Section
27.02, Florida Statutes, provides in pertinent part, "[t]he state attorney shall appear in the circuit and county courts within his or her judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions, civil or criminal, in which the state is a party...." ß
27.02(1), Florida Statutes (2004). The State's status as a party to the criminal cases, as well as its statutory obligation under section
27.02, distinguishes this case from Behr and In re Prosecution....
CopyCited 2 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 339, 2013 WL 2248965, 2013 Fla. LEXIS 1038
...rial court’s order. Public Defender,
12 So.3d at 805-06 . The Third District made a number of legal conclusions in its decision. First, the district court concluded that the State did have standing to oppose the motion in the trial court, based on section
27.02(1), Florida Statutes (2007), 2 which gives the State standing to oppose all motions in cases in which it is a party....
...The trial court denied standing, but allowed the State Attorney’s Office to participate in the proceedings as amicus curiae. Public Defender,
12 So.3d at 800 . On appeal, the Third District cited the state attorney’s statutory obligation under section
27.02(1) to “appear in the circuit and county courts within his or her judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions, civil or criminal, in which the state is a party.” Public Defender,
12 So.3d at 801 ....
...Bowens was changed by this Court in order to reflect the same parties of interest as in Case SC09-1181. Both cases involve the Public Defender's Office for the Eleventh Judicial Circuit and motions to withdraw from representation premised on conflict from excessive caseload. . Section 27.02(1), Florida Statutes (2007), provides, in pertinent part, that “[t]he state attorney shall appear in the circuit and county courts within his or her judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions, civil or criminal, in which the state is a party.” ....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 4463, 2009 WL 1311014
...Ass’n of Criminal Defense Lawyers, Inc.,
978 So.2d 134, 138 (Fla.2008). Here, unlike Behr and In re Prosecution, the State sought standing as a party to each of the twenty-one criminal cases. The State, as a party to the criminal cases, is treated by statute differently than the counties. Section
27.02, Florida Statutes, provides in pertinent part, “[t]he state attorney shall appear in the circuit and county courts within his or her judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions, civil or criminal, in which the state is a party.... ” §
27.02(1), Florida Statutes (2004). The State’s status as a party to the criminal cases, as well as its statutory obligation under section
27.02, distinguishes this case from Behr and In re Prosecution....
CopyCited 1 times | Published | District Court, S.D. Florida | 1973 U.S. Dist. LEXIS 14934
...suggesting plaintiff's guilt. The office of the State Attorney is created by statute with the defined duties to prosecute or defend on behalf of the state all suits, applications or motions, civil or criminal, in which the state is a party. See F.S. § 27.02 (1971), § 32.01 (1971), F.S.A., Article V, § 9B of the Constitution of the State of Florida (1968), F.S.A....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
absolute in the criminal justice system). 6 Section
27.02, F.S. (1990 Supp.) See also, s.905.16, F.S.
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12907
...For some reason the state attorney, and to á much lesser degree, the attorney general, feel a probation violation hearing is a prosecution for a crime. It is not; it is a violation of a court order hearing. The prosecution ended when the accused was found guilty and placed on probation by court order. Section 27.02, Florida Statutes (1983) provides: Duties before Court: The state attorney shall appear in the circuit and county courts within his judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions, civ...
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12361
...atutes (1981), 8 with respect to the administrative action. At the conclusion of the hearing, the trial court took the case under advisement and then later issued its final order on December 22, 1982. In that order, the court specifically ruled: (1) section 27.02 is merely enabling legislation for article V, section 17 of the Florida Constitution and simply “authorizes a state attorney to bring criminal and civil actions, but does not give special authority to bring an action [pursuant to sect...
...ion
120.52(l)(b). It is from this order that the state attorney appeals. ISSUES In this appeal, we have discerned the following two related and important issues which merit our discussion: (1) whether a state attorney has independent authority under section
27.02 (or any other statute) to institute in his judicial circuit and on behalf of the state a civil action for damages and penalties pursuant to section
403.141(1) for alleged violations of section
403.161(1) occurring in his circuit, and (2...
...l of the conditions creating the violation or other appropriate corrective action. (Emphasis supplied). Accordingly, we must analyze appellant’s assertions in light of the relevant statutory provisions. Discussion Appellant essentially argues that section
27.02 when read in conjunction with article Y, section 17 13 grants him the authority to independently initiate a section
403.141(1) civil action on behalf of the state....
...for today’s burgeoning environmental. problems that are inevitable with commercial development, we, nevertheless, reject appellant’s novel contention with respect to this issue. We reach this conclusion after examining article V, section 17 and section 27.02 together, as well as determining the legislature’s intention with respect to this issue as evidenced by the enactment of various statutes relating to the authority of state attorneys and by the enactment of certain sections of Chapter 403....
...Rather, only a specific general law can grant him the power to file such a suit. Such a construction of article V, section 17 is consistent with the scope of authority traditionally granted to and exercised by a state prosecuting attorney. Furthermore, we hold that section 27.02 contrary to appellant’s contention, is not such a specific general law but only broadly sets forth, as its heading indicates, a state attorney’s general duties....
...Section 7 states: "It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise.” . Section 27.02 provides: "The state attorney shall appear in the circuit and county courts within his judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions civil or criminal, in which the state is a party ....” ....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14295
...tation in the hearing, it does provide that the proceedings be in the “court having trial jurisdiction of the offense for which he stands charged” and that notice of the proceedings be furnished to the state attorney. § 322.261(3). In addition, Section 27.02, Florida Statutes (1981), provides that the state attorney represent the state in all proceedings in the county court, the trial court involved....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: May 2, 2023
...Florida state at-
torneys are state officers, locally elected to four-year terms. See Fla.
Const. art. V, § 17; Fla. Stat. §
27.01. State attorneys prosecute all
criminal actions in the state courts within their circuit. Fla. Stat.
§
27.02.
DeSantis suspended Warren in August 2022, during War-
ren’s second term....
...It also requires
state attorneys to “perform other duties prescribed by general
law.” Id. General law requires state attorneys to appear in court
“and prosecute or defend on behalf of the state all suits.” Fla. Stat.
§ 27.02....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: May 2, 2023
...Florida state at-
torneys are state officers, locally elected to four-year terms. See Fla.
Const. art. V, § 17; Fla. Stat. §
27.01. State attorneys prosecute all
criminal actions in the state courts within their circuit. Fla. Stat.
§
27.02.
DeSantis suspended Warren in August 2022, during War-
ren’s second term....
...It also requires
state attorneys to “perform other duties prescribed by general
law.” Id. General law requires state attorneys to appear in court
“and prosecute or defend on behalf of the state all suits.” Fla. Stat.
§ 27.02....
CopyPublished | Florida 6th District Court of Appeal
...provide that the prosecutorial jurisdiction of each circuit’s state attorney is limited
by the boundaries of the circuit. See Art. V, § 17, Fla. Const. (“[T]he state attorney
shall be the prosecuting officer of all trial courts in that circuit.”); § 27.02, Fla....
...Stat.
(1985) (“The state attorney shall appear in the circuit and county courts within his
judicial circuit and prosecute or defend on behalf of the state all suits, applications,
or motions, civil or criminal . . . .”); Barnes v. State,
743 So. 2d 1105, 1112 (Fla. 4th
DCA 1999) (“[S]ection
27.02 plainly limits a State Attorney’s authority to represent
the state to criminal prosecutions in the county and circuit courts within the judicial
circuit in which the State Attorney holds office.”).
The general rule of venue for cr...
CopyPublished | Florida 6th District Court of Appeal
...provide that the prosecutorial jurisdiction of each circuit’s state attorney is limited
by the boundaries of the circuit. See Art. V, § 17, Fla. Const. (“[T]he state attorney
shall be the prosecuting officer of all trial courts in that circuit.”); § 27.02, Fla....
...Stat.
(1985) (“The state attorney shall appear in the circuit and county courts within his
judicial circuit and prosecute or defend on behalf of the state all suits, applications,
or motions, civil or criminal . . . .”); Barnes v. State,
743 So. 2d 1105, 1112 (Fla. 4th
DCA 1999) (“[S]ection
27.02 plainly limits a State Attorney’s authority to represent
the state to criminal prosecutions in the county and circuit courts within the judicial
circuit in which the State Attorney holds office.”).
The general rule of venue for cr...
