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Florida Statute 27.16 | Lawyer Caselaw & Research
F.S. 27.16 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 27.16

The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES
View Entire Chapter
F.S. 27.16
27.16 Appointment of acting state attorney.Whenever there shall be a vacancy in the office of the state attorney in any of the judicial circuits of this state, either by nonappointment or otherwise, or if a state attorney shall not be present at any regular or special term of the courts of his or her circuit or, being present, shall from any cause be unable to perform the duties of office or shall be disqualified to act in any particular case, the circuit judge of his or her judicial circuit shall have full power to appoint a prosecuting officer from among the members of the bar, with the consent of the member so appointed, to whom shall be administered an oath to faithfully discharge the duties of state attorney, and who shall have as full and complete authority, and whose acts shall be in all respects as valid as a regularly appointed state attorney. He or she shall sign all indictments and other documents as “acting state attorney.” The power of the appointee shall cease upon the cessation of the inability or disqualification of the state attorney or the completion of the appointee’s duties in any particular case.
History.s. 1, ch. 1726, 1869; s. 2, ch. 1996, 1874; RS 1354; s. 1, ch. 4899, 1901; GS 1789; RGS 3019; CGL 4755; s. 1, ch. 69-212; s. 4, ch. 73-334; s. 126, ch. 95-147.

F.S. 27.16 on Google Scholar

F.S. 27.16 on Casetext

Amendments to 27.16


Arrestable Offenses / Crimes under Fla. Stat. 27.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.16.



Annotations, Discussions, Cases:

Cases from cite.case.law:

W. TROUT, v. BUCHER,, 205 So. 3d 876 (Fla. Dist. Ct. App. 2016)

. . . Assistant to Supervisor $27.87/hour, and two Election Specialists, one at $26.77/hour and the other at $27.16 . . .

COALITION FOR FAIR TRADE OF HARDWOOD PLYWOOD, v. UNITED STATES INTERNATIONAL TRADE COMMISSION,, 180 F. Supp. 3d 1137 (Ct. Int'l Trade 2016)

. . . respondents were receiving subsidies, and determining countervailing duty rates ranging from 13.58 percent to 27.16 . . . For plaintiff, a subsidy margin of “13.58 or 27.16 percent for all but three Chinese producers/exporters . . .

DISABILITY RIGHTS NEW JERSEY, INC. A v. COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, 796 F.3d 293 (3d Cir. 2015)

. . . . § 30:4-27.16(a). . . .

UNITED STATES v. BARGO,, 482 F. App'x 78 (6th Cir. 2012)

. . . grams was an unrealistically high “perfect” conversion and insisted that a proper estimate would be 27.16 . . . Miller asserted that the midpoint (i.e., 26%) would be the best estimate for this case, which gave 27.16 . . .

UTE DISTRIBUTION CORPORATION, a v. SECRETARY OF THE INTERIOR OF THE UNITED STATES, UTE a, 624 F. Supp. 2d 1322 (D. Utah 2008)

. . . Fed.Reg. 2208-12 (1956), and listed 1,314 full-bloods (72.84 % of the total group) and 490 mixed-bloods (27.16% . . . ratio of division pursuant to their numbers and section 10 of the UPA (72.84 % to the full-bloods and 27.16% . . .

In UAL CORPORATION, v. UMB N. A. As, 374 B.R. 625 (Bankr. N.D. Ill. 2007)

. . . 0.332507711 787,100 1/20/2017 to 7/31/2017 $26.40 $2,656,176.54 0.297839226 791,114 8/1/2017 to 1/19/2018 $27.16 . . . $2,435,810.22 0.297839226 725,480 1/20/2018 to 7/31/2018 $27.16 $2,733,205.66 0.266785405 729,179 8/ . . .

In NVE CORPORATION SECURITIES LITIGATION, 551 F. Supp. 2d 871 (D. Minn. 2007)

. . . through August 25, 2003, Daughton sold 213,700 NVE shares, 49.9% of his holdings, at prices as high as $27.16 . . .

J. LORIMER, ESTATE OF LORIMER, v. BERRELEZ,, 331 F. Supp. 2d 585 (E.D. Mich. 2004)

. . . Patek, et al., 2 Michigan Law of Damages and Other Remedies § 27.16 (3d ed. 2003) (Generally, "exemplary . . .

UTE DISTRIBUTION CORPORATION, a v. SECRETARY OF INTERIOR OF UNITED STATES,, 934 F. Supp. 1302 (D. Utah 1996)

. . . final rolls listing 1,314 full-blood members of the Ute Tribe (72.84%) and 490 mixed-blood members (27.16% . . . Approximately 27.16 percent of the divisible assets susceptible to equitable and practicable distribution . . . UDC stockholders share in 27.16% of the proceeds from the indivisible assets, such as lease payments . . .

SMITH, v. LOCAL UNION SHEET METAL WORKERS, C. W., 877 F. Supp. 165 (S.D.N.Y. 1995)

. . . 50% $12.66 8/90 - 1/91 6th $26.16 X 55% $14.39 2/91 - 7/91 7th $26.71 X 60% $16.03 8/91 - 1/92 8th $27.16 . . .

MACAWBER ENGINEERING, INC. v. ROBSON MILLER S. N. P. A. R., 47 F.3d 253 (8th Cir. 1995)

. . . Mallen & Smith, supra, § 27.16 at 678. . . .

In BEST PRODUCTS CO. INC., 168 B.R. 35 (Bankr. S.D.N.Y. 1994)

. . . They are: class 4 (MetLife deficiency claim) which is being paid 27.16%, classes 6 and 11 which are being . . . Thus, the RTC concludes, since the plan proposes to pay Met-Life a 27.16% distribution, the plan is uncon-firmable . . .

TRANSPORTATION LEASING COMPANY v. STATE OF CALIFORNIA, 861 F. Supp. 931 (C.D. Cal. 1993)

. . . disposed of some of the waste it collected under its contract with the Belvedere GDD at the Oil site. [27.16 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . .-02, 27.16, 27.21, & 27.22, Fla.Stat.) . . .

UNITED STATES v. NEVILS, UNITED STATES v. DUMAS, UNITED STATES v. DUMAS, UNITED STATES v. BRADDOCK, UNITED STATES v. L. TANNER,, 897 F.2d 300 (8th Cir. 1990)

. . . instruction was a modified version of 2 Devitt & Blackmar Federal Jury Practice and Instructions § 27.16 . . .

BROWN, By v. BOARD OF EDUCATION OF TOPEKA, SHAWNEE COUNTY, KANSAS,, 892 F.2d 851 (10th Cir. 1989)

. . . higher minority percentages (Crane, 50.85%; Curtis, 28.90%; East Topeka, 63.32%; and Highland Park, 27.16% . . .

In RIVERA MONTES, FUNERARIA PORTA COELI, INC. v. RIVERA MONTES,, 103 B.R. 362 (Bankr. D.P.R. 1989)

. . . See 1 Norton Bankruptcy Law and Practice, Section 27.16; 4 Collier on Bankruptcy, Sections 727.01, 727.01 . . . ; In Re Riso, 74 B.R. 750, 757 (Bkrtcy.N.H., 1987). . 1 Norton Bankruptcy Law and Practice, Section 27.16 . . .

In JONES, JONES, v. MID- PENN CONSUMER DISCOUNT COMPANY,, 79 B.R. 233 (Bankr. E.D. Pa. 1987)

. . . and finance charges of $2,836.00 at an Annual Percentage Rate (hereinafter referred to as “APR”) of 27.16 . . .

EAST- BIBB TWIGGS NEIGHBORHOOD ASSOCIATION, v. MACON- BIBB PLANNING ZONING COMMISSION,, 662 F. Supp. 1465 (M.D. Ga. 1987)

. . . Section 27.16. Certificate of occupancy required. . . .

In R. A. BROWN, HARMAN, v. R. A. BROWN,, 56 B.R. 63 (Bankr. D.N.H. 1985)

. . . In re Harron, supra; Norton, Bankruptcy Law and Practice § 27.16 (1981). . . .

MORGAN GUARANTY TRUST COMPANY OF NEW YORK, v. HELLENIC LINES LIMITED,, 593 F. Supp. 1004 (S.D.N.Y. 1984)

. . . NARCO spent $27.16 per long ton for routine discharge in Brooklyn of 5,784.49 long tons. . . .

IN RE PETITION FOR APPOINTMENT OF SPECIAL PROSECUTOR, 5 Fla. Supp. 2d 142 (Fla. Cir. Ct. 1984)

. . . may constitute contempt of court and request that an acting state attorney be appointed under Section 27.16 . . . will be addressed in the order stated above. (1) Appointment of acting state attorney under Section 27.16 . . . , Florida Statutes Section 27.16, Florida Statutes (1983) states as follows: “Whenever there shall be . . . court judge in Florida has the inherent authority, as well as the statutory authority under Section 27.16 . . . ommission in the “particular case” provision governing the court’s power of appointment in Section 27.16 . . .

In C. HARRON C. FREHM v. C. HARRON C. FRIEDRICH AIR CONDITIONING REFRIGERATION, INC. v. C. HARRON C., 31 B.R. 466 (Bankr. D. Conn. 1983)

. . . Norton, Bankruptcy Law and Practice § 27.16 (1981). . . .

E. FITZPATRICK, v. C. SMITH,, 432 So. 2d 89 (Fla. Dist. Ct. App. 1983)

. . . See §§ 27.14, 27.16, Fla.Stat. (1981). . . .

In C. FARMER, E. BUDRES, v. C. FARMER,, 17 B.R. 111 (Bankr. N.D. Ga. 1981)

. . . See also § 27.16, fn. 8, p. 16. . See Norton, supra, fns. 10, 11. . . . .

LAMPHERE v. BROWN UNIVERSITY In Re, 491 F. Supp. 232 (D.R.I. 1980)

. . . MISCELLANEOUS Portuguese & Brazilian Total Weighted Average Index 1979 1983 1987 27.94 37.20 40.45 24.05 27.16 . . .

STATE L. SHEVIN, E. v. T. WEINSTEIN, H., 353 So. 2d 1251 (Fla. Dist. Ct. App. 1978)

. . . whether a judge of a circuit court in Florida has the inherent or statutory authority under Section 27.16 . . . Section 27.16, Florida Statutes (1975); Fla.R.Crim.P. 3.840(a)(4). . . . court judge in Florida has the inherent authority, as well as the statutory authority under Section 27.16 . . . Sections 27.01, 27.05, 27.16, Florida Statutes (1975). . . .

STATE v. GOODWIN, 43 Fla. Supp. 149 (Broward Cty. Cir. Ct. 1975)

. . . The defendant’s motion to dismiss is denied for the reason that Florida Statute 27.16 gives full and . . .

In CASTRO, 43 Fla. Supp. 203 (Broward Cty. Cir. Ct. 1975)

. . . Petitioner finds jurisdiction for this court to make the appointment requested in §27.16, Florida Statutes . . . State (1905), 38 So. 380, which is annotated under §27.16, supra. . . .

STATE v. MILLER,, 313 So. 2d 656 (Fla. 1975)

. . . This requirement is implicitly contained in Section 27.16, Florida Statutes, which permits the appointment . . .

STATE T. CHRISTIAN, v. T. AUSTIN, 302 So. 2d 811 (Fla. Dist. Ct. App. 1974)

. . . The pertinent statutes are Florida Statutes 27.14, 27.15 and 27.16. . . . (Emphasis added) Hfi ijs ‡ sji “27.16 Appointment of acting state attorney. — Whenever there shall be . . . does not limit itself to the duties concerning one particular case is found in the amendment to F.S. 27.16 . . .

STATE HARRIS, Jr. v. A. McCAULEY,, 297 So. 2d 825 (Fla. 1974)

. . . posed by him here in these proceedings is: May an acting state attorney appointed pursuant to Section 27.16 . . . It is the view of this Court that drafters of the Constitution intended Florida Statute 27.16 to control . . . Section 27.16, Florida Statutes, provides: “27.16 Appointment of acting state attorney. — Whenever there . . . Section 27.16, F.S. in its original form was enacted many years ago but was revised and re-enacted in . . . Section 27.16, F.S. relates only to the temporary appointment by the circuit judge of an attorney to . . . This requirement is implicitly contained in Section 27.16, Florida Statutes, which permits the appointment . . .

L. CRIDER, v. R. SWENSON,, 316 F. Supp. 985 (W.D. Mo. 1970)

. . . that he had a broader Sixth Amendment claim than that which he eventually asserted in his pro se Rule 27.16 . . . on November 8, 1968, that the prosecuting attorney who represented the State, petitioner’s appointed 27.16 . . .

R. KIRK, Jr. v. BAKER,, 224 So. 2d 311 (Fla. 1969)

. . . Courts of Record, said Criminal Court may exercise the same discretion as a Circuit Court under Section 27.16 . . . to appoint an acting ‘Prosecuting Attorney’ to act under either Section 32.17 Florida Statutes, or 27.16 . . .

UNITED STATES v. GILLIAM,, 273 F. Supp. 507 (C.D. Cal. 1967)

. . . $15,000.00, written by Gilliam, signed by Florence Cohen, at a date when the balance in that account was $27.16 . . . $16,000.-00, again written by Gilliam, signed by Florence Cohen, at a time when the balance was still $27.16 . . .

In FLORIDA RULES OF CRIMINAL PROCEDURE, 196 So. 2d 124 (Fla. 1967)

. . . (See sec’s 905.16, 905.17, 905.19, 905.22, 27.02, 27.16, 27.21 & 27.22 FS.) . . .

J., 16 F. 796 (E.D.N.Y. 1883)

. . . Upon the proofs, as modified, the libelant is entitled to $27.16 commissions, at the rate of 2£ per cent . . .