Florida Statute 27.34 | 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. 27.34

27.34 Limitations on payment of salaries and other related costs of state attorneys’ offices other than by the state.—

(1) A county or municipality may contract with, or appropriate or contribute funds to the operation of, the various state attorneys as provided in this subsection. A state attorney prosecuting violations of special laws or county or municipal ordinances punishable by incarceration and not ancillary to a state charge shall contract with counties and municipalities to recover the full cost of services rendered on an hourly basis or reimburse the state for the full cost of assigning one or more full-time equivalent attorney positions to work on behalf of the county or municipality. Notwithstanding any other provision of law, in the case of a county with a population of less than 75,000, the state attorney shall contract for full reimbursement, or for reimbursement as the parties otherwise agree.

(a) A contract for reimbursement on an hourly basis shall require counties and municipalities to reimburse the state attorney for services rendered at a rate of $50 per hour. If an hourly rate is specified in the General Appropriations Act, that rate shall control.

(b) A contract for assigning one or more full-time equivalent attorney positions to perform work on behalf of a county or municipality shall assign one or more full-time equivalent positions based on estimates by the state attorney of the number of hours required to handle the projected workload. The full cost of each full-time equivalent attorney position on an annual basis shall be $50, or the amount specified in the General Appropriations Act, multiplied by the legislative budget request standard for available work hours for one full-time equivalent attorney position, or, in the absence of that standard, 1,854 hours. The contract may provide for funding full-time equivalent positions in one-quarter increments.

(c) Persons employed by the county or municipality may be provided to the state attorney to serve as special investigators pursuant to the provisions of s. 27.251. Any payments received pursuant to this subsection shall be deposited into the Grants and Donations Trust Fund within the Justice Administrative Commission for appropriation by the Legislature.

(2) A state attorney or assistant state attorney may not receive from any county or municipality any supplemental salary, except as provided in this section.

(3) Notwithstanding s. 27.25, the Chief Financial Officer may contract with the state attorney of any judicial circuit of the state for the prosecution of criminal violations of the Workers’ Compensation Law and related crimes if the Chief Financial Officer contributes funds for such purposes. Such contracts may provide for the training, salary, and expenses of one or more assistant state attorneys used in the prosecution of crimes. If the Chief Financial Officer contributes funds to the state attorney to prosecute these violations and the accused person is indigent and represented by the public defender, the Chief Financial Officer shall also contract with the public defender to provide representation to the person accused of these crimes. The contract may provide for the training, salary, and expenses of one or more assistant public defenders used in the defense of these crimes.

(4) Unless expressly authorized by law or in the General Appropriations Act, state attorneys are prohibited from spending state-appropriated funds on county funding obligations under s. 14, Art. V of the State Constitution. This includes expenditures on communications services and facilities as defined in s. 29.008. This does not prohibit a state attorney from spending funds for these purposes in exceptional circumstances when necessary to maintain operational continuity in the form of a short-term advance pending reimbursement by the county. If a state attorney provides short-term advance funding for a county responsibility as authorized by this subsection, the state attorney shall request full reimbursement from the board of county commissioners prior to making the expenditure or at the next meeting of the board of county commissioners after the expenditure is made. The total of all short-term advances authorized by this subsection shall not exceed 2 percent of the state attorney’s approved operating budget in any given year. No short-term advances authorized by this subsection shall be permitted until all reimbursements arising from advance funding in the prior state fiscal year have been received by the state attorney. All reimbursement payments received by the state attorney pursuant to this subsection shall be deposited into the General Revenue Fund. Notwithstanding the provisions of this subsection, the state attorney may expend funds for the purchase of computer systems, including associated hardware and software, and for personnel related to this function.

History.—s. 3, ch. 72-326; s. 1, ch. 72-734; s. 2, ch. 73-215; s. 1, ch. 77-164; s. 3, ch. 78-227; s. 3, ch. 79-344; s. 1, ch. 85-213; s. 2, ch. 87-139; s. 1, ch. 88-280; s. 139, ch. 92-279; s. 55, ch. 92-326; s. 105, ch. 93-415; s. 79, ch. 94-209; s. 8, ch. 96-252; s. 7, ch. 96-260; s. 25, ch. 96-388; s. 4, ch. 97-78; s. 8, ch. 97-235; s. 84, ch. 2003-261; s. 10, ch. 2003-402; s. 5, ch. 2004-265; s. 7, ch. 2004-391; s. 5, ch. 2019-3.

F.S. 27.34 on Google Scholar

F.S. 27.34 on Casetext

Amendments to 27.34

Arrestable Offenses / Crimes under Fla. Stat. 27.34

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.34.

Annotations, Discussions, Cases:

Cases Citing Statute 27.34

Total Results: 20

Perry Alexander Taylor v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2018-05-03

Citation: 246 So. 3d 231

Snippet: at 993, 996 ; Taylor IV , 2011 WL 2160341, at *27, *34, these repetitions of Dr. Miller's testimony do

State v. Stahl

Court: District Court of Appeal of Florida | Date Filed: 2016-12-07

Citation: 206 So. 3d 124, 2016 Fla. App. LEXIS 18067

Snippet: character.” United States v. Hubbell, 530 U.S. 27, 34, 120 S.Ct. 2037, 147 L.Ed.2d 24 (2000); see also

State v. Gibson

Court: District Court of Appeal of Florida | Date Filed: 2014-11-19

Citation: 150 So. 3d 1240, 2014 Fla. App. LEXIS 18949, 2014 WL 6465119

Snippet: Kyllo v. United States, 533 U.S. 27, 34, 121 S.Ct. 2038, 150 L.Ed.2d 94 (2001)). In

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Court: Florida Attorney General Reports | Date Filed: 2011-12-09

Snippet: supra at n. 27. 33 Section 2-1113.D., supra at n. 27. 34 Section 2-1113.E.6., supra at n. 27. 35 Section

Coral Imaging Services v. Geico Indem. Ins.

Court: District Court of Appeal of Florida | Date Filed: 2006-10-04

Citation: 955 So. 2d 11, 2006 Fla. App. LEXIS 16469, 2006 WL 2819614

Snippet: § 20.04(7)(a); § 20.19(6)(f); § 20.23(2)(a)3; § 27.34(2); § 27.711(3); § 28.241(3),(4); § 29.004(10)(d);

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Court: Florida Attorney General Reports | Date Filed: 1999-09-17

Snippet: "transportation services" within the scope of section 27.34(2), Florida Statutes? 2. Assuming the county is

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Court: Florida Attorney General Reports | Date Filed: 1999-08-05

Snippet: of providing such services.5 Similarly, sections 27.34(2) and 27.54(3), Florida Statutes, impose upon the

Milligan v. Palm Beach County Board of County Commissioners

Court: Supreme Court of Florida | Date Filed: 1998-01-08

Citation: 704 So. 2d 1050, 23 Fla. L. Weekly Supp. 22, 1998 Fla. LEXIS 1

Snippet: here]] (c) Each of the services outlined in ss. 27.34(2) and 27.54(3). (d) Appellate filing fees in criminal

Milligan v. COUNTY BD. OF CO. COM'RS

Court: Supreme Court of Florida | Date Filed: 1998-01-08

Citation: 704 So. 2d 1050

Snippet: on: .... (c) Each of the services outlined in ss. 27.34(2) and 27.54(3). (d) Appellate filing fees in criminal

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Court: Florida Attorney General Reports | Date Filed: 1992-11-09

Snippet: provided to the State Attorney's Office pursuant to s. 27.34(2), F.S., subject to the rules in Ch. 13B, F.A.C

St. Johns County v. Owings

Court: District Court of Appeal of Florida | Date Filed: 1989-11-16

Citation: 554 So. 2d 535, 1989 WL 136817

Snippet: similar. Anderson, American Law of Zoning, Ch. 27:27-34. Both have only the record made at the zoning level

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Court: Florida Attorney General Reports | Date Filed: 1987-01-05

Snippet: CLASSIFIED AS "COMMUNICATION SERVICES" PURSUANT TO s. 27.34(2), F.S.? You have also asked how county responsibility

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Court: Florida Attorney General Reports | Date Filed: 1986-10-06

Snippet: defender obligated to pay the costs enumerated in ss. 27.34(2) and 27.54(3), F.S.? 2. Is a court order required

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Court: Florida Attorney General Reports | Date Filed: 1985-12-19

Snippet: municipality is specifically prohibited by law. See, s 27.34, F.S. See also, s 43.16(5)(c), F.S., as amended

Bank of Central Florida v. Department of Banking and Finance

Court: District Court of Appeal of Florida | Date Filed: 1985-05-24

Citation: 470 So. 2d 742, 10 Fla. L. Weekly 1313, 1985 Fla. App. LEXIS 14515

Snippet: valuations: (1) $27.63 per share by Blackstock; (2) $27.34 per share by Ronald W. Goff; and (3) $46.59 per

County of Seminole v. Padilla

Court: District Court of Appeal of Florida | Date Filed: 1985-05-09

Citation: 470 So. 2d 28, 1985 Fla. App. LEXIS 13939, 10 Fla. L. Weekly 1178

Snippet: assistant state attorneys. Additionally, in section 27.34(1), there is a provision parallel to section 27

Snippet: and efficient functioning of these offices. §§ 27.34(2) and 27.54(3), Fla.Stat. (1977). The predominant

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