Florida Statute 27.181 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES

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F.S. 27.181

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.

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Amendments to 27.181

Annotations, Discussions, Cases:

Cases Citing Statute 27.181

Total Results: 30

Austin v. State Ex Rel. Christian

310 So. 2d 289

Supreme Court of Florida | Filed: Feb 10, 1975 | Docket: 1281144

Cited 24 times | Published

or pleasure of the State Attorney. Fla. Stat. § 27.181, F.S.A. Although the Assistant State Attorney

State v. Daniels

389 So. 2d 631

Supreme Court of Florida | Filed: Oct 16, 1980 | Docket: 1282007

Cited 10 times | Published

appointment of assistant state attorneys and section 27.181(3), Florida Statutes (1975), allows assistant

State v. McGillicuddy

342 So. 2d 567

District Court of Appeal of Florida | Filed: Feb 18, 1977 | Docket: 1521257

Cited 10 times | Published

part. [2] See Art. I, § 15, Fla. Const., and § 27.181(3), Fla. Stat. (1975).

Kirk v. Baker

224 So. 2d 311

Supreme Court of Florida | Filed: Apr 15, 1969 | Docket: 1247951

Cited 7 times | Published

Article V, Section 9B of the Constitution and Section 27.181, Florida Statutes [F.S.A.] the said Daniel

Daniels v. State

381 So. 2d 707

District Court of Appeal of Florida | Filed: Feb 1, 1979 | Docket: 2486869

Cited 6 times | Published

state attorneys as may be authorized by law." F.S. 27.181(3) provides: "(3) Each assistant state attorney

Spradley v. State

293 So. 2d 697

Supreme Court of Florida | Filed: Mar 13, 1974 | Docket: 1754505

Cited 6 times | Published

Florida Rules of Criminal Procedure. Fla. Stat. § 27.181(2), F.S.A. provides that no person appointed as

State Ex Rel. Christian v. Austin

302 So. 2d 811

District Court of Appeal of Florida | Filed: Nov 5, 1974 | Docket: 1758657

Cited 5 times | Published

Experience is not a requisite to their appointment. (F.S. 27.181(2)) While the office of State Attorney is a constitutional

State v. Witte

451 So. 2d 950

District Court of Appeal of Florida | Filed: Jun 12, 1984 | Docket: 1482637

Cited 4 times | Published

degree. [3] Or assistant state attorney. See § 27.181(3), Fla. Stat. (1981). [4] Section 27.04, Florida

Dobson v. State

434 So. 2d 332

District Court of Appeal of Florida | Filed: Jun 14, 1983 | Docket: 1693198

Cited 4 times | Published

So.2d 836 (Fla. 1950); Fla.R.Crim.P. 3.140(g); § 27.181(3), Fla. Stat. (1981). The invalidation of Count

Cabe v. State

408 So. 2d 694

District Court of Appeal of Florida | Filed: Jan 11, 1982 | Docket: 1449707

Cited 4 times | Published

before the effective date of the amendment to Section 27.181(3), Florida Statutes (Supp. 1980), which now

State v. Miller

313 So. 2d 656

Supreme Court of Florida | Filed: Feb 19, 1975 | Docket: 1751292

Cited 4 times | Published

pursuant to the attached Order and pursuant to F.S. 27.181(3) and F.R.C.P. Rule 3.140(g). Under F.S. 27

State v. Hartung

543 So. 2d 236, 1989 WL 16647

District Court of Appeal of Florida | Filed: Mar 2, 1989 | Docket: 814051

Cited 3 times | Published

C.J., and ORFINGER, J., concur. NOTES [1] See § 27.181(3), Fla. Stat. [2] See § 92.50(1), Fla. Stat

In Re Getty

427 So. 2d 380

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1739663

Cited 2 times | Published

attorneys acting thereunder in accordance with section 27.181(3). We find such interpretation to be tortuous

State v. Rivero

400 So. 2d 34

District Court of Appeal of Florida | Filed: May 19, 1981 | Docket: 1676911

Cited 2 times | Published

authority exists in Section 27.181(2), Florida Statutes 27.181(3) (amended 1980). Section 27.181(2) (1980) provides:

Cecil Mathews v. Michael D. Crews, etc.

132 So. 3d 776, 39 Fla. L. Weekly Supp. 37, 2014 WL 241911, 2014 Fla. LEXIS 202

Supreme Court of Florida | Filed: Jan 23, 2014 | Docket: 401422

Cited 1 times | Published

did not have an oath on file, as required by section 27.181, Florida Statutes. The criminal charges in

Gonzalez v. Vogel

616 So. 2d 473, 1993 WL 33806

District Court of Appeal of Florida | Filed: Mar 31, 1993 | Docket: 1385426

Cited 1 times | Published

does not appoint assistant state attorneys. See § 27.181, Fla. Stat.(1991). Rehearing denied. FRANK, A

Bethel v. State

122 So. 3d 944, 2013 WL 5538748, 2013 Fla. App. LEXIS 15913

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60234819

Published

perform the duties of assistant state attorney, section 27.181(2), Florida Statutes (1991), including the

Logan v. Forman

90 So. 3d 896, 2012 WL 2122185, 2012 Fla. App. LEXIS 9589

District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60309688

Published

documents requested are ones that are required by section 27.181(1), Florida Statutes, to be recorded in the

Denson v. State

609 So. 2d 627, 1992 Fla. App. LEXIS 8628, 1992 WL 191309

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64692566

Published

perform the duties of assistant state attorney, section 27.-181(2), Florida Statutes (1991), including the

Equal Employment Opportunity Commission v. Reno

758 F.2d 581, 1985 U.S. App. LEXIS 29153, 38 Empl. Prac. Dec. (CCH) 35,689, 37 Fair Empl. Prac. Cas. (BNA) 985

Court of Appeals for the Eleventh Circuit | Filed: Apr 19, 1985 | Docket: 66205693

Published

those of the appointing state attorney. Fla.Stat. § 27.181(3). And to insure that these are fully carried

Ago

Florida Attorney General Reports | Filed: Jul 27, 1979 | Docket: 3258448

Published

state attorneys as may be authorized by law.' Section 27.181, F. S., generally provides for the employment

Mitchell v. State

381 So. 2d 1066, 1979 Fla. App. LEXIS 16348

District Court of Appeal of Florida | Filed: Jan 16, 1979 | Docket: 64575216

Published

however, that an assistant state attorney, who under § 27.181(3), Florida Statutes (1975), has all the powers

Ago

Florida Attorney General Reports | Filed: Mar 12, 1975 | Docket: 3255734

Published

percent of that state attorney's salary. . . ." Section 27.181(4), id. However, under the proviso to s. 100

Ago

Florida Attorney General Reports | Filed: Mar 12, 1975 | Docket: 3255734

Published

percent of that state attorney's salary. . . ." Section 27.181(4), id. However, under the proviso to s. 100

State ex rel. Harris v. McCauley

297 So. 2d 825, 1974 Fla. LEXIS 3778

Supreme Court of Florida | Filed: Jul 17, 1974 | Docket: 64540280

Published

are explicitly enunciated in this provision. Section 27.181, Florida Statutes, explicitly provides, in

Carrin v. State

275 So. 2d 603, 1973 Fla. App. LEXIS 7111

District Court of Appeal of Florida | Filed: Apr 10, 1973 | Docket: 64531365

Published

Nichols in March 1972. Appellant relies on Section 27.181, Florida Statutes, F.S.A., which is as follows:

Angel v. State

270 So. 2d 715

Supreme Court of Florida | Filed: Dec 20, 1972 | Docket: 64529405

Published

Constitution, Art. V, Section 9(b) and Fla.Stat. Section 27.181 (3). It is so ordered. ROBERTS, C. J, and ERVIN

State v. Angel

261 So. 2d 198, 1972 Fla. App. LEXIS 6849

District Court of Appeal of Florida | Filed: Apr 25, 1972 | Docket: 64525565

Published

the State Attorney may do and perform”. Further, § 27.181(3), Fla.Stat., F.S.A., provides as to all Assistant

State on the Petition of Shevin ex rel. Lawson v. Page

250 So. 2d 257, 1971 Fla. LEXIS 3505

Supreme Court of Florida | Filed: Jun 30, 1971 | Docket: 64521289

Published

made by the State Attorney, pursuant to Fla.Stat. § 27.181, F.S.A., which did not require issuance of a commission

State v. Papy

239 So. 2d 604, 1970 Fla. App. LEXIS 5818

District Court of Appeal of Florida | Filed: Sep 15, 1970 | Docket: 64516681

Published

designated Assistant State Attorney, pursuant to § 27.181, Fla. Stat., F.S.A., and the record does not reveal