27.16
Appointment of acting state attorney.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
27.16 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.
Notes of Decisions
Cited in 7
cases, 1969–1984 · leading case: State ex rel. Harris v. McCauley
State ex rel. Harris v. McCauley (1974)
“Section 27.16, Florida Statutes, provides: “27.”
State ex rel. Shevin v. Weinstein (1978)
“We hold that a circuit court judge lacks such authority and issue the writ of quo warranto. Only the Attorney General of Florida may represent the State of Florida in a federal court action.”
Kirk v. Baker (1969)
“That since there is no County Solicitor as such in and for Dade County, Florida, by virtue of the powers and duties hereinabove cited relating to the Criminal Courts of Record, said Criminal Court may exercise the same discretion as a Circuit Court under Section 27.16 Florida…”
State v. Miller (1975)
“This requirement is implicitly contained in Section 27.16, Florida Statutes, which permits the appointment of an acting state attorney.”
State Ex Rel. Christian v. Austin (1974)
“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.”
In re Appointment of Special Prosecutor (1984)
“Issues Involved The Petitioners suggest that the alleged facts may constitute contempt of court and request that an acting state attorney be appointed under Section 27.16, Florida Statutes (1983) to investigate and, if appropriate, *144 prosecute an indirect criminal contempt…”
In re Castro (1975)
“Petitioner finds jurisdiction for this court to make the appointment requested in §27.16, Florida Statutes, the pertinent part of which is as follows — “[I]f a state attorney shall not be present at any regular or special term of the courts of his circuit or, being present,…”
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.