Florida Statutes
Fla. Stat. § 542.27 (2025)
Enforcement authority.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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1542.27 Enforcement authority.—
(1) The Attorney General, or a state attorney with written permission from the Attorney General, acting jointly or independently, may commence and try all criminal prosecutions under this part. Criminal prosecutions under this part shall be commenced by indictment. With respect to commencement and trial of such prosecutions, the Attorney General or a state attorney shall have all the powers and duties vested by law with respect to criminal prosecutions generally. Incident to any investigation commenced under this part, the Attorney General may participate in and appear before a grand jury in assistance of any state attorney, irrespective of the provisions of chapter 905.
(2) The Attorney General is authorized to institute or intervene in civil proceedings seeking the full range of relief afforded by this part or by federal laws pertaining to antitrust or restraints of trade on behalf of the state, its departments, agencies, and units of government. In addition, the Attorney General, as chief state legal officer, may institute any action authorized under this part, federal laws pertaining to antitrust or restraints of trade, or similar laws of other states on behalf of natural persons in the state.
(3) Whenever the Attorney General, by her or his own inquiry or as a result of a complaint, suspects that a violation of this part or federal laws pertaining to restraints of trade is imminent, occurring, or has occurred, the Attorney General may investigate such suspected violation.
1Note.—Amended by s. 13, ch. 2025-213, effective July 1, 2025, per s. 22, ch. 2025-213. Chapter 2025-213 became law without the Governor’s signature on July 3, 2025, per s. 8(a), Art. III of the State Constitution. In Re Advisory Opinion to the Governor Request of June 29, 1979, 374 So. 2d 959 (Fla. 1979), specifies the constitutional effective date in s. 9, Art. III of the State Constitution in this situation. The constitutional effective date is August 15, 2025, for ch. 2025-213.
Notes of Decisions
Cited in 5
cases, 1984–2003 · leading case: State v. Stabile, 443 So. 2d 398 (Fla. 4th DCA 1984).
State v. Stabile, 443 So. 2d 398 (Fla. 4th DCA 1984). “The amendments added, inter alia, three new procedural requirements: defendants must be charged by indictment, section 542.27(1); any state attorney instituting proceedings under this section must obtain the written permission of the Attorney General, section 542.”
Fed. Trade Comm'n v. Mylan Labs., Inc., 205 F.R.D. 369 (D.D.C. 2002). “§ 15; Fla.Stat.Ann. § 542.27(2); 740 Ill.Comp.Stat.”
Major League Baseball, Alan H. Selig, Tampa Bay Devil Rays, LTD., Florida Marlins Baseball Club, LLC v. Charlie Crist, 331 F.3d 1177 (11th Cir. 2003). “23 This *1188 position is further advanced by the language of Fla. Stat. § 542.27 (3), which requires that the Attorney General “suspect” that a violation has taken place before an investigation may commence, and Flat Stat.”
In Re Petition of Ezell, 446 So. 2d 253 (Fla. 5th DCA 1984). “28(1) authorizes the Attorney General to issue a civil investigative demand to any person believed to be in "possession, custody or control of any documentary material relevant to a civil antitrust *255 investigation authorized by section 542.27(3)" and to require such person…”
Florida v. Indus. Chemicals, Inc., 145 F.R.D. 585 (N.D. Fla. 1991). “” §§ 542.27(3), 542.-28(1), Fla.Stat. (1987).”
— 542.27(1) — 1 case
State v. Stabile, 443 So. 2d 398 (Fla. 4th DCA 1984). “The amendments added, inter alia, three new procedural requirements: defendants must be charged by indictment, section 542.27(1); any state attorney instituting proceedings under this section must obtain the written permission of the Attorney General, section 542.”
— 542.27(2) — 1 case
Fed. Trade Comm'n v. Mylan Labs., Inc., 205 F.R.D. 369 (D.D.C. 2002). “§ 15; Fla.Stat.Ann. § 542.27(2); 740 Ill.Comp.Stat.”
— 542.27(3) — 2 cases
In Re Petition of Ezell, 446 So. 2d 253 (Fla. 5th DCA 1984). “28(1) authorizes the Attorney General to issue a civil investigative demand to any person believed to be in "possession, custody or control of any documentary material relevant to a civil antitrust *255 investigation authorized by section 542.27(3)" and to require such person…”
Florida v. Indus. Chemicals, Inc., 145 F.R.D. 585 (N.D. Fla. 1991). “” §§ 542.27(3), 542.-28(1), Fla.Stat. (1987).”
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