Florida/Georgia Personal Injury & Workers Compensation

...nnot claim a statutory violation because the benefits of section 112.531, et seq., as they relate to dismissal are not available to him. Section 27.255(3), Florida Statutes (1985) states that an investigator "appointed" pursuant to the provisions of section 27.251 ( i.e., sheriff's deputy on fulltime basis as an investigator), has the same rights afforded other law enforcement officers when in the performance of any of the powers, duties, or functions authorized by law....

...cuit court for an injunction to compel performance. [2] Section 27.255(1) states in part: Each investigator employed on a full-time basis by a state attorney and each special investigator appointed by the state attorney pursuant to the provisions of section 27.251 is hereby declared to be a law enforcement officer of the state... . Section 27.255(3) states: In the performance of any of the powers, duties, and functions authorized by law or this section, investigators employed by a state attorney or appointed pursuant to the provisions of section 27.251 shall have the same rights, protections, and immunities afforded other peace or law enforcement officers. Section 27.251 merely authorizes the state attorney of each judicial circuit to employ any municipal or county police officer or sheriffs deputy on a full-time basis as an investigator for the state attorney's office....

...Where a constitutional provision is susceptible to more than one meaning, the meaning adopted by the legislature is conclusive. See Greater Loretta Improvement Association v. State ex rel. Boone, 234 So.2d 665 (Fla. 1970). In the present instance, the legislature, by the enactment of Section 27.251, Florida Statutes (Supp....

...Appellees rely on Hesselrode v. State, 369 So.2d 348 (Fla. 2d DCA 1979), cert. denied, 381 So.2d 766 (Fla. 1980), and assert that the police officers had no authority or power as police officers when they left their jurisdiction to execute the warrant. Section 27.251, Florida Statutes (1981) provides: (1) The state attorney of each judicial circuit is authorized to employ any municipal or county police officer or sheriff's deputy on a full-time basis as an investigator for the state attorney's office with full powers of arrest throughout his judicial circuit......

...ed to him. We do not find Hesselrode v. State controlling. In Hesselrode, municipal police executed a warrant directed to a county sheriff. In the case sub judice, the officers executing the warrant clearly acted under *718 the authority of Sections 27.251 and 27.255, Florida Statutes (1981)....

...Where a constitutional provision is susceptible to more than one meaning, the meaning adopted by the legislature is conclusive. See Greater Loretta Improvement Association v. State ex rel. Boone, 234 So.2d 665 (Fla.1970). In the present instance, the legislature, by the enactment of Section 27.251, Florida Statutes (Supp.1978), has chosen specifically to authorize the appointment of municipal police officers for some purposes as investigators for the state attorney....

...Satz: This is in response to your request for an opinion on substantially the following questions: 1. What immunity from civil liability do the State Attorney and the special organized crime investigators employed by the State Attorney pursuant to s. 27.251 , F.S., enjoy? 2. What is the State Attorney's personal civil liability for the actions of special organized crime investigators employed pursuant to s. 27.251 , F.S.? 3....

...employs him or her. 2 Section 27.255 (3), F.S., provides that "[i]n the performance of any of the powers, duties, and functions authorized by law or this section, investigators employed by a state attorney or appointed pursuant to the provisions of s. 27.251 shall have the same rights, protections, and immunities afforded other peace or law enforcement officers." Liability under Title 42 U.S.C....

...waiving sovereign immunity." Thus, the adoption of s. 768.28 , F.S., did not abrogate the long-held common law immunity of public prosecutors discussed above. 18 With regard to liability of a special organized crime investigator employed pursuant to s. 27.251 , F.S., the provisions of s....

...personal liability but limits recovery to an action against the prosecutor in his or her official capacity. 20 Question Three With regard to your third question, a determination of whether certain actions taken by investigators employed pursuant to s. 27.251 , F.S., are within the scope of the State Attorney's responsibility for purposes of payment of judgments and assignment of legal counsel by the Department of Insurance, Division of Risk Management, must be made by that agency....

...§ 1983 is also enjoyed by other investigative officers, such as a special organized crime investigator. Pursuant to this federal statute a State Attorney may not be held liable under a respondeat superior or vicarious liability theory for the actions of an investigator employed pursuant to s. 27.251 , F.S., such an investigator being liable for his or her own actions....

...ssion of action within the scope of his or her employment or function, the exclusive remedy under such circumstances being an action against the State Attorney in his or her official capacity. Sincerely, Robert A. Butterworth Attorney General (gh) 1 Section 27.251 (1), F.S....