27.02
Duties before court.
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27.02 Duties before court.—
(1) 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. The intake procedures of chapters 39, 984, and 985 shall apply as provided therein. The state attorney shall appear in the circuit and county courts within his or her judicial circuit for the purpose of prosecuting violations of special laws and county or municipal ordinances punishable by incarceration if the prosecution is ancillary to a state prosecution or if the state attorney has contracted with the county or municipality for reimbursement for services rendered in accordance with s. 27.34(1).
(2) The state attorney, when complying with the discovery obligation pursuant to the applicable rule of procedure, may charge the defendant fees as provided for in s. 119.07(4), not to exceed 15 cents per page for a copy of a noncertified copy of a public record. However, these fees may be deferred if the defendant has been determined to be indigent as provided in s. 27.52.
History.—s. 3, ch. 1661, 1868; RS 1344; GS 1779; RGS 3005; CGL 4739; s. 5, ch. 72-404; s. 7, ch. 90-208; s. 116, ch. 95-147; s. 4, ch. 98-280; s. 6, ch. 2003-402; s. 4, ch. 2004-265; s. 31, ch. 2004-335.
Notes of Decisions
Cited in 26
cases (5 in the last 5 years), 1966–2026 · leading case: Johnson v. State
Johnson v. State (2012)
“(citing § 27.02(1), Fla. Stat. (2004)). Thus, the Third District concluded, the State has standing to challenge motions filed by the public defender.”
Public Defender, Eleventh Judicial Circuit of Florida v. State (2013)
“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.”
Barnes v. State (1999)
“") 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…”
Schreiber v. Rowe (2002)
“[5] Compare § 27.02, Fla. Stat. (2000) (providing for the cases in which state attorneys shall appear) with § 27.”
Ed Rich v. Larry C. Dollar (1988)
“In addition, Fla.Stat. § 27.02 (1985) clearly establishes that it is the States Attorney who is assigned the duty to “.”
State of Florida Ex Rel. Robert L. Shevin, Attorney General, Plaintiff v. Exxon Corporation (1976)
“, Fla.Stat.Ann. § 27.02 (1961) (original criminal proceedings; Fla.”
State Ex Rel. Martin v. Michell (1966)
“[5] F.S.A. § 27.02. [6] F.S.A. § 27.03. [7] F.”
State v. Public Defender, Eleventh Judicial Circuit (2009)
“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…”
Bolden v. State (2002)
“; § 27.02, Fla. Stat. (1999). After the information was filed, the state attorney appointed OSP lawyers as special assistant state attorneys to handle the prosecution.”
Florida Businessmen for Free Enterprise v. State (1980)
“See, §§ 27.02, 27.03, 30.15, Fla. Stat. (1979); Art.”
State ex rel. State Attorney for the Twelfth Judicial Circuit v. General Development Corp. (1984)
“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…”
Eagan v. DeManio (1974)
“, § 27.02, F.S.A.). Before filing an information under oath (Fla.”
— 27.02(1) — 5 cases
Johnson v. State (2012)
“(citing § 27.02(1), Fla. Stat. (2004)). Thus, the Third District concluded, the State has standing to challenge motions filed by the public defender.”
Public Defender, Eleventh Judicial Circuit of Florida v. State (2013)
“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.”
State v. Public Defender, Eleventh Judicial Circuit (2009)
“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…”
Crescenzo v. Atwater (2014)
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