Florida/Georgia Personal Injury & Workers Compensation

...The vacuum of authority is not filled by F.S. 27.324 which provides that Assistant State Attorneys, properly appointed, are vested with all the powers, duties and responsibilities of State Attorneys. It is obvious that that statute, when read in para materia with F.S. 27.181 and F.S. 27.255 is intended to vest Assistant State Attorneys with the power, duties and responsibilities of their appointing State Attorney while performing their duties in the circuit of their appointment." Fla....

...The trial court granted Gill's motion for summary judgment in regard to Kelly's claim for wrongful termination finding that no action could be maintained under a contract or tort theory. Kelly's motion for summary judgment was granted to the extent that the trial court found that section 27.255(1), (3), Florida Statutes (1985) [2] applied fully to investigators employed by the state attorney and thus, section 112.531, et seq....

...*1165 While it is at least arguable that section 112.532(4) offers at least de minimis procedural rights to a "law enforcement officer," Kelly cannot 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 officer...

...al office and as such, are terminable at will and not entitled to the protections of section 112.531, et seq., Florida Statutes. Under the reasoning of the trial court, to allow investigators the benefits of sections 112.532 and 112.534, pursuant to section 27.255(3), would also allow appointed deputy sheriffs, as investigators, those same rights....

...This would clearly be inconsistent; by becoming an appointee of the state attorney's office, a deputy sheriff would have greater rights than if he had remained solely with his primary employer. [4] Evans v. Hardcastle, 339 So.2d 1150 (Fla.2d DCA 1976). As a result, even though under section 27.255(1), an investigator is called a "law enforcement officer," this does not mean that a state attorney's investigator has the benefits of section 112.531, et seq....

...Section 112.533 establishes a system for the receipt and processing of outside complaints made against an officer. Section 112.534 specifies that if an agency fails to comply with Part VI, an injured officer may apply to the circuit 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....

...City of Coral Springs, 538 So.2d 1373 (Fla. 4th DCA 1989). The cause is remanded for entry of judgment in favor of the defendant in accordance with its motion for summary judgment and motions for directed verdict. REVERSED and REMANDED. HARRIS and GRIFFIN, JJ., concur. NOTES [1] See § 27.255, Fla....

...The vacuum of authority is not filled by F.S. 27.324 which provides that Assistant State Attorneys, *821 properly appointed, are vested with all the powers, duties and responsibilities of State Attorneys. It is obvious that that statute, when read in pari materia with F.S. 27.181 and F.S. 27.255 is intended to vest Assistant State Attorneys with the power, duties and responsibilities of their appointing State Attorney while performing their duties in the circuit of their appointment....

...ecognition of this was evidenced by statutes authorizing state attorneys to employ investigators (Fla. Stat. § 27.25(1), F.S.A.), and authorizing such investigators to serve arrest warrants, search warrants, subpoenas, and carry weapons (Fla. Stat. § 27.255, F.S.A.), which are activities customarily performed by the police who primarily investigate crimes....

...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... . Section 27.255, Florida Statutes (1981) permits such special investigator to serve warrants anywhere within the judicial circuit served by such state attorney....

...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)....

...eputy sheriff. In State v. Hills, 428 So.2d 715 (Fla. 4th DCA 1983) the court found that the police officers who served the warrant outside the limits of their city were also special investigators of the State Attorney’s office, thus authorized by section 27.255, Florida Statutes to serve warrants anywhere within their judicial circuit....

Butterworth Attorney General (gh) 1 Section 27.255(1), F.S. 2 Section 27.255(2), F.S. And see, s. 27.255(4)

Harry Morrison State Attorney Tallahassee QUESTION: Is a state attorney's investigator who, for budgetary reasons, receives only 65 percent of the minimum salary prescribed for his position but is fully qualified in all regards under s. 27.255 , F. S., to hold that position and who works a full-time schedule of at least 40 hours per week a `full-time investigator' with arrest powers? SUMMARY: Full-time investigators employed by the state attorney who are fully qualified under s. 27.255 , F. S., and occupy full-time positions as defined in s. 110.042(3), F. S., are not precluded from exercising the arrest powers granted in s. 27.255 (1) merely because they are paid a lower salary than is normally prescribed for that position. An examination of s. 27.255 , F....

...S., reveals, inter alia , that each full-time investigator is held to be a law enforcement officer and conservator of the peace with full powers of arrest in accordance with the laws of this state. Such investigators must meet the standards established by the Police Standards and Training Commission. Section 27.255 (2). Nowhere in s. 27.255 is there a definition of the term `full time.' Thus, we must turn to other related statutes for a pari-materia examination of this question....

...onthly or annually.' Thus, it seems that the question of remuneration is not involved in a determination of whether an employee is full time or part time. Further examination of this question reveals that there is a high degree of similarity between s. 27.255 (2) and 30.09 (4)(f), F. S., in regard to requiring the personnel affected by those statutes to meet the minimum requirements set forth by the Police Standards and Training Commission. As both the state attorney's investigators under s. 27.255 and the special deputies appointed under s....

...mpensation is more pertinent to the disposition of your question. As you noted in your inquiry, the investigator at hand meets those requirements. Therefore, it is my opinion that an investigator employed by your office who meets all requirements of s. 27.255 , F. S., and meets the definition of a full-time employee as set forth in s. 110.042(3), F. S., is not precluded from exercising the arrest powers granted him under s. 27.255 (1) merely because he is paid a lesser salary than is prescribed for his position....

...8d DCA 1984) was determinative of the issues in this cause. We disagree. Gonzalez does not answer the questions before us. Here, the arrests were made by an investigator assigned to the Dade County State Attorney’s' office. His powers to arrest extend to the boundaries of the eleventh judicial circuit. § 27.255, Fla.Stat....

originates within the state attorney's circuit. Section 27.255 further provides that such investigators may

...n the purview of Ch. 119? SUMMARY: The investigatory records and materials compiled by the state attorney's office prior to the trial of a criminal case pursuant to its statutory investigatory or prosecutorial duties, ss. 27.02 , 27.03 , 27.04 , and 27.255 , F....

...In addition, he is required to summon and examine witnesses to testify before him as to any violations of the criminal law, s. 27.04 . The state attorney is also authorized to employ investigators, s. 27.25 (1), whose powers and functions are spelled out in s. 27.255 ....

...eace with full powers of arrest. In addition, such investigators are authorized to serve properly issued arrest warrants, search warrants, witness subpoenas, capias, and court orders in connection with a criminal investigation or in a criminal case. Section 27.255 (1). While in the performance of their duties, such investigators possess the same rights, protections, and immunities afforded other peace or law enforcement officers. Section 27.255 (3)....

...There is no similar 25 authorization or regulation for a private person to make a warrantless arrest. 10 The Legislature also meticulously specifies who is a law enforcement or peace officer and who else has the authority to detain or arrest. See, e.g., § 27.255, Fla....

...ed crime with arrest powers throughout the particular judicial circuit. 1 A special organized crime investigator is declared to be a law enforcement officer of the state under the direction and control of the State Attorney who 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....

...f 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. And see, s. 27.255 , F.S., which further delineates the arrest authority of such investigators, their required qualifications, rights, and immunities. 2 Section 27.255 (1), F.S....