27.14
Assigning state attorneys to other circuits.
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27.14 Assigning state attorneys to other circuits.—
(1) If any state attorney is disqualified to represent the state in any investigation, case, or matter pending in the courts of his or her circuit or if, for any other good and sufficient reason, the Governor determines that the ends of justice would be best served, the Governor may, by executive order filed with the Department of State, either order an exchange of circuits or of courts between such state attorney and any other state attorney or order an assignment of any state attorney to discharge the duties of the state attorney with respect to one or more specified investigations, cases, or matters, specified in general in the executive order of the Governor. Any exchange or assignment of any state attorney to a particular circuit shall expire 12 months after the date of issuance, unless an extension is approved by order of the Supreme Court upon application of the Governor showing good and sufficient cause to extend such exchange or assignment.
(2) If the statewide prosecutor in charge of the Office of Statewide Prosecution determines that he or she is not qualified to represent the state in any investigation, case, or matter pending in the courts of the state or if a court of competent jurisdiction disqualifies him or her from representing the state, the Governor may, by executive order filed with the Department of State, order an assignment of any state attorney to discharge the duties of such prosecutor with respect to one or more specified investigations, cases, or matters, generally described in the order. The assignment of any state attorney shall expire 12 months after the date of issuance, unless an extension is approved by order of the Supreme Court upon application of the Governor showing good and sufficient cause to extend such assignment.
(3) Whenever a state attorney is exchanged or assigned, he or she may designate one or more of his or her assistant state attorneys and state attorney investigators to perform the duties assigned under the executive order.
History.—s. 2, ch. 5399, 1905; RGS 3009; CGL 4743; s. 1, ch. 69-1736; s. 4, ch. 73-334; s. 1, ch. 74-627; s. 1, ch. 75-193; s. 1, ch. 83-111; s. 2, ch. 85-179; s. 3, ch. 87-224; s. 123, ch. 95-147; s. 1, ch. 96-256.
Notes of Decisions
Cited in 18
cases, 1942–2017 · leading case: Aramis Donell Ayala, etc. v. Rick Scott, Governor
Aramis Donell Ayala, etc. v. Rick Scott, Governor (2017)
“ANALYSIS Ayala argues that the Governor exceeded his authority under section 27.14 by reassigning death-penalty eligible cases in the Ninth Circuit to King over her objection because article V, section 17, of the Florida Constitution makes Ayala “the prosecuting officer of all…”
Finch v. Fitzpatrick (1971)
“This assignment was under Fla. Stat. § 27.14 , F.S.A., which reads as follows: "If any state attorney shall be disqualified to represent the state in any case pending in the circuit court of his circuit, or if for any other good and sufficient reason the governor of the state…”
Austin v. State Ex Rel. Christian (1975)
“This is clearly permitted by the first clause of Fla. Stat. § 27.14 , F.S.A. In Johns v. State, supra , the Court upheld the assignment of one state attorney "to discharge all and singular duties of State Attorney" of the resident circuit to which assigned.”
Kirk v. Baker (1969)
“[2] *313 Then, on March 4, 1969, Governor Kirk, acting under Fla. Stat. § 27.14 (1967), F.S.A., [3] transferred Honorable Gordon G.”
State Ex Rel. Christian v. Austin (1974)
“Finding "that the ends of justice would best be served by the assignment of a State Attorney pursuant to Section 27.14, Florida Statutes", the Governor thereupon ordered "that the Honorable T.”
State v. Fitzpatrick (1985)
“Section 27.14, Florida Statutes (1981), provides for assignment of a state attorney from one circuit to another where the state attorney has been disqualified.”
United States v. Lanza (1972)
“, §§ 27.14, 27.15, F.S.A.; he may appoint other persons to fill vacancies and may suspend incumbents.”
State v. Viscito (1977)
“*197 On May 28, 1975 the Governor, pursuant to Section 27.14, Florida Statutes (1974), issued Executive Order (hereinafter E.”
State v. Alvarez (1972)
“NOTES [1] F.S.A. § 27.14 as amended December 11, 1969.”
Fitzpatrick v. Smith (1983)
“See §§ 27.14, 27.16, Fla. Stat. (1981). This latter section provides that if a state attorney is disqualified from acting in a particular case, the circuit judge of his judicial circuit may appoint an "acting state attorney" to handle the matter.”
In re Advisory Opinion to the Governor (1974)
“Our responsibility is similar to that contemplated by Fla.Stat. § 27.14, F.S.A., regarding assignments by the governor of a state attorney outside of his jurisdiction for a period in excess of sixty days in any one calendar year.”
Giamo v. State (1971)
“The first challenges the sufficiency of the information because it was signed by a state’s attorney assigned to the 11th judicial circuit by executive order pursuant to F.S. § 27.14, F.S.A. This point has been decided by this court adversely to appellant’s position.”
— 27.14(1) — 2 cases
Aramis Donell Ayala, etc. v. Rick Scott, Governor (2017)
“ANALYSIS Ayala argues that the Governor exceeded his authority under section 27.14 by reassigning death-penalty eligible cases in the Ninth Circuit to King over her objection because article V, section 17, of the Florida Constitution makes Ayala “the prosecuting officer of all…”
State v. Garcia (2000)
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