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The 2025 Florida Statutes
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F.S. 27.1627.16 Appointment of acting state attorney.—Whenever there shall be a vacancy in the office of the state attorney in any of the judicial circuits of this state, either by nonappointment or otherwise, or if a state attorney shall not be present at any regular or special term of the courts of his or her circuit or, being present, shall from any cause be unable to perform the duties of office or shall be disqualified to act in any particular case, the circuit judge of his or her judicial circuit shall have full power to appoint a prosecuting officer from among the members of the bar, with the consent of the member so appointed, to whom shall be administered an oath to faithfully discharge the duties of state attorney, and who shall have as full and complete authority, and whose acts shall be in all respects as valid as a regularly appointed state attorney. He or she shall sign all indictments and other documents as “acting state attorney.” The power of the appointee shall cease upon the cessation of the inability or disqualification of the state attorney or the completion of the appointee’s duties in any particular case.History.—s. 1, ch. 1726, 1869; s. 2, ch. 1996, 1874; RS 1354; s. 1, ch. 4899, 1901; GS 1789; RGS 3019; CGL 4755; s. 1, ch. 69-212; s. 4, ch. 73-334; s. 126, ch. 95-147.
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Annotations, Discussions, Cases:
Cases Citing Statute 27.16
Total Results: 5
224 So. 2d 311
Supreme Court of Florida | Filed: Apr 15, 1969 | Docket: 1247951
Cited 7 times | Published
the same discretion as a Circuit Court under Section 27.16 Florida Statutes [F.S.A.], which provides for
302 So. 2d 811
District Court of Appeal of Florida | Filed: Nov 5, 1974 | Docket: 1758657
Cited 5 times | Published
particular case is found in the amendment to F.S. 27.16, added by the same 1969 Legislature which amended
313 So. 2d 656
Supreme Court of Florida | Filed: Feb 19, 1975 | Docket: 1751292
Cited 4 times | Published
This requirement is implicitly contained in Section 27.16, Florida Statutes, which permits the appointment
353 So. 2d 1251, 1978 Fla. App. LEXIS 15039
District Court of Appeal of Florida | Filed: Jan 12, 1978 | Docket: 64562276
Published
has the inherent or statutory authority under Section 27.16, Florida Statutes (1975), to appoint an acting
297 So. 2d 825, 1974 Fla. LEXIS 3778
Supreme Court of Florida | Filed: Jul 17, 1974 | Docket: 64540280
Published
acting state attorney appointed pursuant to Section 27.16, F.S. validly sign felony informations when
