27.255
Investigators; authority to arrest, qualifications, rights, immunities, bond, and oath.
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27.255 Investigators; authority to arrest, qualifications, rights, immunities, bond, and oath.—
(1) 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 s. 27.251 is hereby declared to be a law enforcement officer of the state and a conservator of the peace, under the direction and control of the state attorney who employs him or her, with full powers of arrest, in accordance with the laws of this state. Such investigator may arrest any person for violation of state law or applicable county or city ordinances when such violation occurs within the boundaries of the judicial circuit served by the state attorney employing the investigator, except that arrests may be made out of said judicial circuit when hot pursuit originates within said judicial circuit. Such investigator shall, within the boundaries of the judicial circuit served by such state attorney, have full authority to serve any arrest warrant, search warrant, capias, or court order issued by any court or judge within such judicial circuit in a criminal case, or in connection with a criminal investigation, when the same is directed to him or her. The investigator may serve, anywhere within the state, a witness subpoena issued by any court or judge within the state or issued in connection with a criminal investigation that arises anywhere within the state, provided that prior notice is given to the sheriff in whose county service will be attempted; however, failure to provide this notice to the sheriff does not affect the validity of the service. The investigator may carry weapons on or about his or her person in the same manner as other law enforcement officers.
(2) All investigators employed by a state attorney or appointed pursuant to the provisions of s. 27.251 shall meet the minimum standards established by the Criminal Justice Standards and Training Commission of the Department of Law Enforcement for the employment and training of law enforcement officers under chapter 943, except that investigators employed by a state attorney on July 1, 1974, shall not be required to meet such standards.
(3) 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 s. 27.251 shall have the same rights, protections, and immunities afforded other peace or law enforcement officers.
(4) Any full-time investigator employed by the state attorney and any special investigator appointed by the state attorney pursuant to the provisions of s. 27.251 shall, before entering into the performance of duties, take and file the oath as prescribed in s. 5, Art. II of the State Constitution. The state attorney may require any full-time investigator employed by the state attorney or any special investigator appointed by the state attorney pursuant to the provisions of s. 27.251 to give a bond conditioned on the faithful performance of the investigator’s duties.
History.—s. 1, ch. 70-275; s. 1, ch. 74-260; s. 2, ch. 78-227; s. 5, ch. 79-8; s. 2, ch. 83-167; s. 131, ch. 95-147; s. 2, ch. 96-256; s. 6, ch. 98-34.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1974–2025 · leading case: Kelly v. Gill
Kelly v. Gill (1989)
“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.”
STATE EX REL. OFFICE OF STATE ATTORNEY v. Kowalski (1993)
“…judgment and motions for directed verdict. REVERSED and REMANDED. HARRIS and GRIFFIN, JJ., concur. NOTES [1] See § 27.255, Fla. Stat.”
State v. Hills (1983)
“Section 27.255, Florida Statutes (1981) permits such special investigator to serve warrants anywhere within the judicial circuit served by such state attorney.”
Austin v. State Ex Rel. Christian (1975)
“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.”
Eagan v. DeManio (1974)
“), 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.”
State v. Griffis (1987)
“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…”
State Ex Rel. Christian v. Austin (1974)
“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.”
State v. Sanchez (1985)
“§ 27.255, Fla.Stat. (1983); see State v. Hills, 428 So.”
Raulerson v. State of Florida (2025)
“, § 27.255, Fla. Stat. (declaring investigators with a state attorney’s office to be both law enforcement officers and conservators of the peace, with “full powers to arrest” and to bear arms, and providing them “the same rights, protections, and immunities afforded other peace…”
In re Appointment of Special Prosecutor (1984)
“See Section 27.255(2) Florida Statutes; Section 943.”
State v. Quesada (1982)
“1978) authorizes the appointment of municipal police officers for some purposes as special investigators for the State Attorney, and provides for the posting of a bond and the taking of an oath of office, in order to investigate in another municipality.”
— 27.255(1) — 1 case
Kelly v. Gill (1989)
“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.”
— 27.255(2) — 1 case
In re Appointment of Special Prosecutor (1984)
“See Section 27.255(2) Florida Statutes; Section 943.”
— 27.255(3) — 1 case
Kelly v. Gill (1989)
“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.”
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