27.181
Assistant state attorneys; appointment; powers and duties; compensation.
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27.181 Assistant state attorneys; appointment; powers and duties; compensation.—
(1) Each assistant state attorney appointed by a state attorney shall serve during the pleasure of the state attorney appointing him or her. Each such appointment shall be in writing and shall be recorded in the office of the clerk of the circuit court of the county in which the appointing state attorney resides. No such appointee shall perform any of the duties of assistant state attorney until he or she shall have taken and subscribed to a written oath that he or she will faithfully perform the duties of assistant state attorney and shall have caused the oath to be recorded in the office of the clerk of the circuit court of the county in which the appointing state attorney resides. Upon the recordation of such appointment and oath, the appointing state attorney shall promptly cause certified copies thereof to be transmitted to the Secretary of State. When any such appointment shall be revoked, the revocation thereof shall be made in writing and shall be recorded in the office of the clerk of the circuit court of the county in which the appointment is recorded, and the state attorney executing the revocation shall forthwith cause a certified copy thereof to be transmitted to the Secretary of State. If any such appointee dies or resigns, the appointing state attorney shall promptly give written notice of such death or resignation to the Secretary of State.
(2) Each assistant state attorney appointed by a state attorney shall have all of the powers and discharge all of the duties of the state attorney appointing him or her, under the direction of that state attorney. No such assistant state attorney may sign informations unless specifically designated to do so by the state attorney. He or she shall sign indictments, informations, and other official documents, as assistant state attorney, and, when so signed, such indictments, informations, and documents shall have the same force and effect as if signed by the state attorney.
(3) Until otherwise provided by law, each assistant state attorney appointed by a state attorney under the authorization of this section shall receive the allowances for expenses provided by law at the time of appointment, to be paid in accordance with such law. The salary for each assistant state attorney shall be set by the state attorney of the same judicial circuit in an amount not to exceed 100 percent of that state attorney’s salary and shall be paid from funds appropriated for that purpose. However, the assistant state attorneys who serve in less than a full-time capacity shall be compensated for services performed in an amount in proportion to the salary allowed for full-time services.
History.—ss. 1, 2, 3, 4, 6, ch. 67-188; s. 1, ch. 72-326; s. 14, ch. 73-299; s. 1, ch. 80-244; s. 3, ch. 81-230; s. 128, ch. 95-147; s. 9, ch. 95-312; s. 2, ch. 2000-343.
Notes of Decisions
Cited in 31
cases (1 in the last 5 years), 1969–2022 · leading case: State v. Rivero
State v. Rivero (1981)
“We respond to appellees' argument by noting that a second authority exists in Section 27.181(2), Florida Statutes 27.181(3) (amended 1980).”
State v. Miller (1975)
“Relative to powers and duties of Assistant State Attorneys, Section 27.181, Florida Statutes, contains the following language.”
Austin v. State Ex Rel. Christian (1975)
“Fla. Stat. § 27.181 , F.S.A. Although the Assistant State Attorney is required to subscribe to the written oath that he will faithfully perform the duties of Assistant State Attorney, he is "not an officer of the State of Florida.”
State v. Daniels (1980)
“The state argues that since article V, section 17 of the Florida Constitution provides for the appointment of assistant state attorneys and section 27.181(3), Florida Statutes (1975), allows assistant state attorneys all the powers of state attorneys, except with regard to…”
Daniels v. State (1979)
“" F.S. 27.181(3) provides: "(3) Each assistant state attorney appointed by a state attorney under the authorization of this act shall have all of the powers and discharge all of the duties of the state attorney appointing him, under the direction of said state attorney, except,…”
State v. McGillicuddy (1977)
“…and Safe Streets Act of 1968, of which 18 U.S.C. §§ 2510 , et seq. is a part. [2] See Art. I, § 15, Fla. Const., and § 27.181(3), Fla. Stat. (1975).”
Cecil Mathews v. Michael D. Crews, etc. (2014)
“1D13-010S), Mathews sought immediate release from incarceration on the basis that the assistant state attorney who had signed the information and indictment in his underlying criminal case, in which Mathews was charged with second-degree murder, was not authorized to sign…”
Cabe v. State (1982)
“77-104, § 14, Laws of Florida, which had permitted assistant state attorneys to sign and file informations, but before the effective date of the amendment to Section 27.181(3), Florida Statutes (Supp.”
Dobson v. State (1983)
“140(g); § 27.181(3), Fla. Stat. (1981). The invalidation of Count II has no effect on Count I which alleges first-degree murder by premeditated design or felony-murder, is based on a grand jury presentment, and is signed by the foreman of the grand jury.”
State ex rel. Harris v. McCauley (1974)
“” and the following pertinent part of Section 27.181, F.S.: “(3) Each assistant state attorney appointed by a state attorney under the authorization of this act shall have all of the powers and discharge all of the dr£ ties of the state attorney appointing him, under the…”
Kirk v. Baker (1969)
“Pearson has heretofore been appointed as Assistant State Attorney to be special counsel to the Grand Jury during the investigation of the charges involved herein and is now assisting in the prosecution of these cases and further, according to Article V, Section 9B of the…”
State v. Witte (1984)
“See § 27.181(3), Fla. Stat. (1981). [4] Section 27.”
— 27.181(1) — 2 cases
Logan v. Forman (2012)
— 27.181(2) — 5 cases
Austin v. State Ex Rel. Christian (1975)
“Fla. Stat. § 27.181 , F.S.A. Although the Assistant State Attorney is required to subscribe to the written oath that he will faithfully perform the duties of Assistant State Attorney, he is "not an officer of the State of Florida.”
State v. Rivero (1981)
“We respond to appellees' argument by noting that a second authority exists in Section 27.181(2), Florida Statutes 27.181(3) (amended 1980).”
Bethel v. State (2013)
— 27.181(3) — 14 cases
State v. Rivero (1981)
“We respond to appellees' argument by noting that a second authority exists in Section 27.181(2), Florida Statutes 27.181(3) (amended 1980).”
State v. Daniels (1980)
“The state argues that since article V, section 17 of the Florida Constitution provides for the appointment of assistant state attorneys and section 27.181(3), Florida Statutes (1975), allows assistant state attorneys all the powers of state attorneys, except with regard to…”
State v. Miller (1975)
“Relative to powers and duties of Assistant State Attorneys, Section 27.181, Florida Statutes, contains the following language.”
Daniels v. State (1979)
“" F.S. 27.181(3) provides: "(3) Each assistant state attorney appointed by a state attorney under the authorization of this act shall have all of the powers and discharge all of the duties of the state attorney appointing him, under the direction of said state attorney, except,…”
State v. McGillicuddy (1977)
“…and Safe Streets Act of 1968, of which 18 U.S.C. §§ 2510 , et seq. is a part. [2] See Art. I, § 15, Fla. Const., and § 27.181(3), Fla. Stat. (1975).”
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