Florida Statute 27.255 | 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. 27.255

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.

F.S. 27.255 on Google Scholar

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Amendments to 27.255

Arrestable Offenses / Crimes under Fla. Stat. 27.255

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.255.

Annotations, Discussions, Cases:

Cases Citing Statute 27.255

Total Results: 20

STATE EX REL. OFFICE OF STATE ATTORNEY v. Kowalski

Court: Fla. Dist. Ct. App. | Date Filed: 1993-04-23T00:53:00-07:00

Citation: 617 So. 2d 1099

Snippet: HARRIS and GRIFFIN, JJ., concur. NOTES [1] See § 27.255, Fla. Stat. 92-1470 District Court of

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Court: Fla. Att'y Gen. | Date Filed: 1991-10-16T00:53:00-07:00

Snippet: appointment of law enforcement officers. 2 Cf., s. 27.255, F.S., stating: (1) Each investigator employed

Kelly v. Gill

Court: Fla. Dist. Ct. App. | Date Filed: 1989-06-15T00:53:00-07:00

Citation: 544 So. 2d 1162

Snippet: extent that the trial court found that section 27.255(1), (3), Florida Statutes (1985)[2] applied fully… to dismissal are not available to him. Section 27.255(3), Florida Statutes (1985) states that an investigator…sections 112.532 and 112.534, pursuant to section 27.255(3), would also allow appointed deputy sheriffs,…DCA 1976). As a result, even though under section 27.255(1), an investigator is called a "law enforcement… injunction to compel performance. [2] Section 27.255(1) states in part: Each investigator employed

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Court: Fla. Att'y Gen. | Date Filed: 1988-10-18T00:53:00-07:00

Snippet: General (gh) 1 Section 27.255(1), F.S. 2 Section 27.255(2), F.S. And see, s. 27.255(4), F.S., which requires…state attorney investigator employed pursuant to s. 27.255, F.S., authorized by s. 901.15(11), F.S., as amended…attorney investigator who is employed pursuant to s. 27.255, F.S., is authorized by s. 901.15(11), F.S., as…entering employment. 3 Supra, footnote 1. 4 Section 27.255(1), F.S. 5 Section 901.15, F.S., was amended by

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Court: Fla. Att'y Gen. | Date Filed: 1988-04-28T00:53:00-07:00

Snippet: General (gh) 1 Section 27.251(1), F.S. And see, s. 27.255, F.S., which further delineates the arrest authority…qualifications, rights, and immunities. 2 Section 27.255(1), F.S. 3 Imbler v. Pachtman, 424 U.S. 409, 417

State v. Griffis

Court: Fla. Dist. Ct. App. | Date Filed: 1987-02-26T00:00:00-08:00

Citation: 502 So. 2d 1356, 12 Fla. L. Weekly 628, 1987 Fla. App. LEXIS 6992

Snippet: State Attorney’s office, thus authorized by section 27.255, Florida Statutes to serve warrants anywhere within

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Court: Fla. Att'y Gen. | Date Filed: 1986-04-10T23:53:00-08:00

Snippet: investigators employed by the state attorney under s. 27.255, F.S., are law enforcement officers and conservators

State v. Sanchez

Court: Fla. Dist. Ct. App. | Date Filed: 1985-03-12T00:00:00-08:00

Citation: 465 So. 2d 1299, 10 Fla. L. Weekly 687, 1985 Fla. App. LEXIS 12880

Snippet: boundaries of the eleventh judicial circuit. § 27.255, Fla.Stat. (1983); see State v. Hills, 428 So.2d

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

Snippet: above-described duties. See, s 27.181, F.S., and compare, s 27.255 and 27.251, F.S., relating to the state attorneys…that state attorneys' investigators, whom s 27.255 declares to be law enforcement officers and conservators…requires the employer of law enforcement officers (s 27.255, F.S., declares the state attorneys' investigators…attorneys' investigators are declared by s 27.255 to be law enforcement officers and conservators

State v. Hills

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

Citation: 428 So. 2d 715

Snippet: arrest throughout his judicial circuit... . Section 27.255, Florida Statutes (1981) permits such special investigator…under *718 the authority of Sections 27.251 and 27.255, Florida Statutes (1981). Lastly, we find the description

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Court: Fla. Att'y Gen. | Date Filed: 1981-12-28T23:53:00-08:00

Snippet: surveillance activities as outlined in ss. 27.15 and 27.255, F.S., as they relate to the state attorney'…the state attorney to employ investigators and s.27.255(1), F.S., which declares each investigator employed…within the state attorney's circuit. Section 27.255 further provides that such investigators may carry…investigative law enforcement activities. See also s. 27.255(1), authorizing a state attorney's investigator

Rose v. D'ALESSANDRO

Court: Fla. Dist. Ct. App. | Date Filed: 1978-10-06T00:53:00-07:00

Citation: 364 So. 2d 763

Snippet: or prosecutorial duties, §§ 27.02, 27.03, 27.04, 27.255, F.S., are confidential pursuant to *765 the "

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Court: Fla. Att'y Gen. | Date Filed: 1978-05-04T00:53:00-07:00

Snippet: Standards and Training Commission. Section 27.255(2). Nowhere in s. 27.255 is there a definition of the term `… but is fully qualified in all regards under s. 27.255, F. S., to hold that position and who works a full-time…state attorney who are fully qualified under s. 27.255, F. S., and occupy full-time positions as defined…from exercising the arrest powers granted in s. 27.255(1) merely because they are paid a lower salary …prescribed for that position. An examination of s. 27.255, F. S., reveals, inter alia, that each full-time

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Court: Fla. Att'y Gen. | Date Filed: 1976-08-10T00:53:00-07:00

Snippet: prosecutorial duties, ss. 27.02, 27.03, 27.04, and 27.255, F. S., are confidential pursuant to the "…whose powers and functions are spelled out in s. 27.255. The investigators so employed are deemed and legislatively…criminal investigation or in a criminal case. Section 27.255(1). While in the performance of their duties, such…other peace or law enforcement officers. Section 27.255(3). It is clear that, as noted by the Florida Supreme

Austin v. State Ex Rel. Christian

Court: Fla. | Date Filed: 1975-02-10T00:00:00-08:00

Citation: 310 So. 2d 289

Snippet: read in para materia with F.S. 27.181 and F.S. 27.255 is intended to vest Assistant State Attorneys with

State Ex Rel. Christian v. Austin

Court: Fla. Dist. Ct. App. | Date Filed: 1974-11-04T23:53:00-08:00

Citation: 302 So. 2d 811

Snippet: read in pari materia with F.S. 27.181 and F.S. 27.255 is intended to vest Assistant State Attorneys with

Eagan v. DeManio

Court: Fla. | Date Filed: 1974-05-15T00:53:00-07:00

Citation: 294 So. 2d 639

Snippet: warrants, subpoenas, and carry weapons (Fla. Stat. § 27.255, F.S.A.), which are activities customarily performed

Betz v. Bank of Miami Beach

Court: Fla. | Date Filed: 1957-06-12T00:53:00-07:00

Citation: 95 So. 2d 891

Snippet: the case of Lazarov v. Klyce, 1953, 195 Tenn. 27, 255 S.W.2d 11, a note had thereon the signature of

Pendarvis v. Pfeifer

Court: Fla. | Date Filed: 1938-06-10T00:00:00-08:00

Citation: 182 So. 307, 132 Fla. 724, 1938 Fla. LEXIS 1820

Snippet: cases cited; Machenheimer v. Faulkner, 144 Wn. 27,255 P. 1031; Embody v. Cox, 157 Wn. 464, 289 P. 44;

Burnett v. Allen

Court: Fla. | Date Filed: 1934-04-04T00:00:00-08:00

Citation: 154 So. 515, 114 Fla. 489

Snippet: cases cited; Machenheimer v. Faulkner, 144 Wn. 27, 255 P. 1031; Embody v. Cox, 157 Wn. 464, 289 P. 44