Florida Statute 27.181 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 27.181

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.181.

Annotations, Discussions, Cases:

Cases Citing Statute 27.181

Total Results: 20

Graves v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-06T00:53:00-07:00

Snippet: or assistant state attorney appointed under s. 27.181; or against any justice or judge of a court

Cecil Mathews v. Michael D. Crews, etc.

Court: Fla. | Date Filed: 2014-01-23T00:00:00-08:00

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

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

Bethel v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-09T00:00:00-07:00

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

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

Logan v. Forman

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-13T00:00:00-07:00

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

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

State v. Delama

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-17T00:00:00-07:00

Citation: 967 So. 2d 385, 2007 Fla. App. LEXIS 16302, 2007 WL 3008593

Snippet: against recalcitrant individuals. See §§ 27.04, 27.181(2), Fla. Stat. (2006); Kelley v. State, 800 So.2d

Gonzalez v. Vogel

Court: Fla. Dist. Ct. App. | Date Filed: 1993-03-30T23:53:00-08:00

Citation: 616 So. 2d 473

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

Denson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1992-08-12T00:00:00-07:00

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

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

State v. Hartung

Court: Fla. Dist. Ct. App. | Date Filed: 1989-03-01T23:53:00-08:00

Citation: 543 So. 2d 236

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

State v. Witte

Court: Fla. Dist. Ct. App. | Date Filed: 1984-06-12T00:53:00-07:00

Citation: 451 So. 2d 950

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1983-12-06T23:53:00-08:00

Snippet: attorneys to perform the above-described duties. See, s 27.181, F.S., and compare, s 27.255 and 27.251, F.S., …enforcement officers pursuant to s 943.145. While s 27.181(3) provides that each assistant state attorney

Dobson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1983-06-14T00:53:00-07:00

Citation: 434 So. 2d 332

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

In Re Getty

Court: Fla. Dist. Ct. App. | Date Filed: 1983-03-08T23:53:00-08:00

Citation: 427 So. 2d 380

Snippet: subpoena issued pursuant to sections 27.04[1] and 27.181(3),[2] Florida Statutes (1979), which had been …attorneys acting thereunder in accordance with section 27.181(3). We find such interpretation to be tortuous …or violations of the criminal law. [2] Section 27.181(3) provides: Each assistant state attorney appointed

Cabe v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1982-01-10T23:53:00-08:00

Citation: 408 So. 2d 694

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

State v. Rivero

Court: Fla. Dist. Ct. App. | Date Filed: 1981-05-19T00:53:00-07:00

Citation: 400 So. 2d 34

Snippet: exists in Section 27.181(2), Florida Statutes 27.181(3) (amended 1980). Section 27.181(2) (1980) provides… do so by the state attorney... ." Section 27.181(3) was amended subsequent to this cause of action… the time of this case, the pre-amended Section 27.181(3) (1979), prohibited assistant state attorneys…Florida Statutes (1973) conflicted with Section 27.181(3), Florida Statutes (1973). The court found no…, rests squarely upon its finding under Section 27.181(3) and not under Section 27.324 that the Florida

State v. Daniels

Court: Fla. | Date Filed: 1980-10-16T00:53:00-07:00

Citation: 389 So. 2d 631

Snippet: appointment of assistant state attorneys and section 27.181(3), Florida Statutes (1975), allows assistant state…the Giordano decision, we conclude that section 27.181(3), Florida Statutes (1975), cannot be held to

Ago

Court: Fla. Att'y Gen. | Date Filed: 1979-07-27T00:53:00-07:00

Snippet: attorneys as may be authorized by law.' Section 27.181, F. S., generally provides for the employment of…the powers and duties of such assistants. See s. 27.181(1), which states in pertinent part that `[t]he …state attorneys . . . .' Subsection (2) of s. 27.181, F. S., provides that `[e]ach assistant state attorney…assistants for a definite period of time. While s. 27.181, F. S., provides that the assistant state attorneys

Daniels v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1979-01-31T23:53:00-08:00

Citation: 381 So. 2d 707

Snippet: attorneys as may be authorized by law." F.S. 27.181(3) provides: "(3) Each assistant state attorney…former Constitution of the State of Florida and F.S. 27.181(3), above quoted, assistant state attorneys are…by the Department of Criminal Law Enforcement. § 27.181(3), Florida Statutes (1975), gives the assistant

Mitchell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1979-01-16T00:00:00-08:00

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

Snippet: statement to the effect that, under §§ 934.-07 and 27.181(3), Florida Statutes (1975), an assistant state…, that an assistant state attorney, who under § 27.181(3), Florida Statutes (1975), has all the powers

State v. McGillicuddy

Court: Fla. Dist. Ct. App. | Date Filed: 1977-02-17T23:53:00-08:00

Citation: 342 So. 2d 567

Snippet: part. [2] See Art. I, § 15, Fla. Const., and § 27.181(3), Fla. Stat. (1975). 76-994 District

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-03-12T00:53:00-07:00

Snippet: subscribe to the written oath required by law, s. 27.181(2), F.S., for assistant state attorneys and would…This is understandable in view of the fact that s. 27.181(3), id., provides that an assistant state attorney…state attorney's salary. . . ." Section 27.181(4), id. However, under the proviso to s. 100.051