CopyCited 24 times | Published | Supreme Court of Florida
...Any exchange or assignment of any state attorney hereunder to a particular circuit for a period in excess of sixty days in any one calendar year must be approved by order of the supreme court upon application of the governor showing good and sufficient cause to extend such exchange or assignment. "27.15 State attorneys to assist in other circuits....
...tely proceed to the place designated and assist the state attorney of the circuit in which such place is located in the performance of his duties." The District Court of Appeal in its opinion said: "[T]he Governor had the power and authority under F.S. 27.15, to order Respondent Honorable T....
...ce. These and many other circumstances could motivate the Governor in *293 issuing an order for the assignment, and reciting in it in all good faith that justice would be subserved by its issuance."
198 So. 120, 125. Unquestionably, under Fla. Stat. §
27.15, F.S.A., the Governor could have ordered Austin to assist the resident State Attorney of the Second Judicial Circuit in the discharge of his duties without limitation of time....
...ne whether or not an assistant appointed by a State Attorney from another circuit is qualified and capable of advising the grand jury upon legal points and framing indictments. In summary, we hold that under the provisions of Fla. Stat. §
27.14 and §
27.15 (1973), F.S.A., the Governor did have the authority to assign a state attorney from one circuit to another circuit for the purpose of conducting an investigation, participating in grand jury proceedings and conducting a trial even though the resident State Attorney was available....
CopyCited 18 times | Published | Supreme Court of Florida | 2002 WL 432575
Art. V, § 18, Fla. Const. (1972). [4] Compare §
27.015, Fla. Stat. (2000) (providing that state attorneys
CopyCited 9 times | Published | Supreme Court of Florida
...justice would be best served if the aforesaid cases were prosecuted by the State Attorney and his duly designated assistant who investigated and filed the charges." Governor Askew then revoked the executive order of 1970, and pursuant to Fla. Stat. § 27.15, F.S.A., ordered State Attorney Austin and his assistants "* * * to assist the State Attorney holding office in the Fourteenth Judicial Circuit of Florida by representing the State of Florida as prosecutor in the aforesaid cases, to-wit: State of Florida vs....
...ial Circuit of Florida in and for Washington County, State of Florida) and by investigating any and all allegations of the violations of the criminal laws or misconduct arising out of or in connection with the prosecutions of said cases." Fla. Stat. § 27.15, F.S.A., authorizing the Governor to assign state attorneys to assist in other circuits contains the following: "The governor of the state may for good and sufficient reasons require any state attorney in the state to proceed to any place in...
...104, 110 A.2d 918, 920 (1955); Newman v. Borough of Fairlawn, Bergen County, 31 N.J. 279, 157 A.2d 314 (1960); State ex rel. Gareau v. Stillman, 18 Ohio St.2d 63, 247 N.E.2d 461 (1969). The executive order of March 23, 1971, was issued under the authority of Fla. Stat. § 27.15, F.S.A....
CopyCited 8 times | Published | District Court, S.D. Florida | 1985 U.S. Dist. LEXIS 23230
over actions brought under the Exchange Act, section 27, 15 U.S.C.A. § 78aa (West 1981),[11]*647 and thus
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...he has been duly elected and qualified. F.S. §
27.01 et seq., F.S.A. The only exception is where a local State Attorney has been specifically "directed by the governor to go and assist any other state attorney in the discharge of his duties", F.S. §
27.15, F.S.A., a prerequisite which admittedly did not exist here....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...ain this direct proceeding in Quo Warranto. We therefore turn to the primary issue, the propriety of the assignment of Respondent, Honorable T. Edward Austin, by the Executive Order here challenged. The pertinent statutes are Florida Statutes
27.14,
27.15 and
27.16....
...Any exchange or assignment of any state attorney hereunder to a particular circuit for a period in excess of sixty days in any one calendar year must be approved by order of the supreme court upon application of the governor showing good and sufficient cause to extend such exchange or assignment. (Emphasis added) "27.15 State attorneys to assist in other circuits....
...27.14) 2) The Governor may assign a State Attorney to discharge of the duties of State Attorney in another circuit. (F.S.
27.14) 3) The Governor may require a State Attorney to assist the State Attorney of another circuit in the discharge of any of the duties of the latter. (F.S.
27.15) In assaying the legislative intent here, and the weight to be accorded that intent, the threshold question is whether these two statutes contain a grant of power by the legislative branch or an acknowledgment of power already resident in the executive branch....
...Art. V, § 15 (1885). Because the duties were to be "prescribed by law," the Court found that the Legislature had the power to provide by statute for exchanges and assignments of State Attorneys. In 1921 the Legislature enacted the predecessor to F.S. 27.15, viz., Ch....
...1969,
224 So.2d 311, the Legislature passed, Governor Kirk vetoed and the Legislature passed over his veto, Ch. 69-1736, Laws of Florida. That Act made three substantive changes: In F.S.
27.14, "if for any reason" was amended to read "if for any other good and sufficient reason"; in F.S.
27.15, "whenever he deems it expedient to do so" was amended to read "for good and sufficient reasons"; and the sixty day limitation *819 was added to F.S....
...rt of Florida recognized in Stone v. State, supra, and which the Legislature exercised in passing Ch. 69-1736, Laws of Florida, over the veto of the Governor. That Act, by using the phrase "discharge of any of the duties of such state attorney" in F.S.
27.15, while using the phrase "discharge of the duties of state attorney of any circuit of the state" in F.S.
27.14, manifested the legislative intention that under F.S.
27.15 State Attorneys may be sent into another circuit to "assist" the resident State Attorney, the latter continuing to hold and exercise the powers of his office; whereas under F.S....
...Further expression of the legislative intention that the phrase "the duties of state attorney" does not limit itself to the duties concerning one particular case is found in the amendment to F.S.
27.16, added by the same 1969 Legislature which amended and re-enacted F.S.
27.14 and
27.15....
...e" the Legislature added the phrase "or shall be disqualified to act in any particular case." Ch. 69-212, § 1, Laws of Florida became law without signature of the Governor. It is clear therefore that the Governor had the power and authority under F.S. 27.15, to order Respondent Honorable T....
...nd duty to so act. No such situation here exists. All agree in the case sub judice that the legislature has established the public policy of the State with reference to the assignment and exchange of State Attorneys, by the passage of F.S.
27.14 and
27.15....
...27.14, the order is nonetheless valid because Respondents were assisting Honorable Harry Morrison by relieving him from the responsibility of investigating and receiving testimony and evidence concerning Relator. We do not construe the meaning of the word "assist". A careful reading of F.S. 27.15 clearly reveals that the Legislature intended, by use of the verb "assist" that the Assigned State Attorney aid or help the State Attorney of the Circuit to which assigned by working with him, not by replacing him....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1989 WL 135849
...In November, 1986, the Commission granted final approval for Mullis’s conditional use permit. II. PROCEDURAL HISTORY After the Commission granted Mullis’s conditional use permit, several property owners filed a state court certiorari petition, pursuant to section 27.15 of the Macon-Bibb Land Development Resolution....
...Patsy concerned the latter, not the former. Williamson,
473 U.S. at 192-93 ,
105 S.Ct. at 3119-20 . When the residents filed their section 1983 action, they had not exhausted the process leading toward “just compensation” because they failed to use MaconBibb Land Development Resolution §
27.15 which provides an appeal from Commission decisions through state law certiorari....
...ion claim because the residents failed to demonstrate that the Commission or Mullis acted with a discriminatory intent when it approved Mullis’s conditional land use permit. Accordingly, the orders of the district court are affirmed. AFFIRMED. 1 . Section 27.15 is entitled "Appeals from decisions of commission.” The section states: "Any person, firm, or corporation aggrieved by a de-cisión of the commission shall have the right of certiorari as provided by law.”
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 30927
Alabama incontestability statute, Code of Ala.1975, § 27-15-4, requires that all life insurance policies have
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 20805, 1989 WL 197807
...In November, 1986, the Commission granted final approval for Mullis’s conditional use permit. II.PROCEDURAL HISTORY After the Commission granted Mullis’s conditional use permit, several property owners filed a state court certiorari petition, pursuant to section 27.15 of the Macon-Bibb Land Development Resolution....
...tion claim because the residents failed to demonstrate that the Commission or Mullís acted with a discriminatory intent when it approved Mullis’s conditional land use permit. Accordingly, the orders of the district court are affirmed. AFFIRMED. . Section 27.15 is entitled "Appeals from decisions of commission." The section states: "Any person, firm, or corporation aggrieved by a de-cisión of the commission shall have the right of certiorari as provided by law.”
CopyPublished | District Court of Appeal of Florida | 60 L.R.R.M. (BNA) 2209, 1965 Fla. App. LEXIS 3735
...ordinance. It is then complained that the city had levied against Local 806 a license tax of $35 and had notified it that unless this sum was paid on or before a given date, a 25 percent penalty would be added. The complaint goes on to quote in part section 27.15 of the licensing ordinance stating that it shall be unlawful for any person to engage in any business within the city without a license “ ‘ * * * or imprisoned in the City Jail for a period not to exceed five days * * ” for which...
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
afforded other peace or law enforcement officers. Section
27.15, F.S., states that the Governor may, for good
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 10363, 2000 WL 1153983
...“At common law, counties were not liable for any costs and their liability for costs depends solely on statutes.” Dade County v. Sansom,
226 So.2d 278, 279 (Fla. 3d DCA 1969). Hence, absent clear statutory language to the contrary, the State is responsible for the costs it incurs in prosecuting a case. Section
27.15(2) expressly provides that in cases such as the one before us, when the State Attorney is appointed to go beyond its jurisdiction, “the expenses incurred shall be borne by the state and shall be paid from the appropriation pro *23 vid...
...ey from one judicial circuit is appointed to prosecute a case in another judicial circuit, and there is no express statutory language reposing responsibility for payment of the State Attorney’s prosecutorial expenses on the County, the language in section 27.15(2) controls and directs that payment shall be by the State....
