Florida Statutes

Fla. Stat. § 27.02 (2025)

Duties before court.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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, 78 So. 3d 1305 (Fla. 2012).

Sort: Relevance Newest Treatment

Johnson v. State, 78 So. 3d 1305 (Fla. 2012). · cites it 4× “(citing § 27.02(1), Fla. Stat. (2004)). Thus, the Third District concluded, the State has standing to challenge motions filed by the public defender.”

Pub. Def., Eleventh Jud. Circuit of Florida v. State, 115 So. 3d 261 (Fla. 2013). · cites it 5× “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, 743 So. 2d 1105 (Fla. 4th DCA 1999). · cites it 5× “") 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, 814 So. 2d 396 (Fla. 2002). · cites it 2× “[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, 841 F.2d 1558 (11th Cir. 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 Gen., Plaintiff v. Exxon Corp., 526 F.2d 266 (5th Cir. 1976). “, Fla.Stat.Ann. § 27.02 (1961) (original criminal proceedings; Fla.”

State Ex Rel. Martin v. Michell, 188 So. 2d 684 (Fla. 4th DCA 1966). · cites it 2× “[5] F.S.A. § 27.02. [6] F.S.A. § 27.03. [7] F.”

State v. Pub. Def., Eleventh Jud. Circuit, 12 So. 3d 798 (Fla. 3d DCA 2009). · cites it 4× “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, 832 So. 2d 153 (Fla. 2d DCA 2002). · cites it 2× “; § 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 Enter. v. State, 499 F. Supp. 346 (N.D. Fla. 1980). “See, §§ 27.02, 27.03, 30.15, Fla. Stat. (1979); Art.”

State ex rel. State Attorney for the Twelfth Jud. Circuit v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984). · cites it 6× “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, 294 So. 2d 639 (Fla. 1974). “, § 27.02, F.S.A.). Before filing an information under oath (Fla.”

Show all 26 citing cases →

— 27.02(1) — 5 cases

Johnson v. State, 78 So. 3d 1305 (Fla. 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.”

Pub. Def., Eleventh Jud. Circuit of Florida v. State, 115 So. 3d 261 (Fla. 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. Pub. Def., Eleventh Jud. Circuit, 12 So. 3d 798 (Fla. 3d DCA 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, 136 So. 3d 1248 (Fla. 2d DCA 2014).

The Farmworker Ass'n of Florida, Inc. v. Attorney Gen. of the State of Florida (S.D. Fla. 2023).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.