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

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES
View Entire Chapter
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 CourtListener

Amendments to 27.16


Annotations, Discussions, Cases:

Cases Citing Statute 27.16

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Kirk v. Baker, 224 So. 2d 311 (Fla. 1969).

Cited 7 times | Published | Supreme Court of Florida

...That since there is no County Solicitor as such in and for Dade County, Florida, by virtue of the powers and duties hereinabove cited relating to the Criminal Courts of Record, said Criminal Court may exercise the same discretion as a Circuit Court under Section 27.16 Florida Statutes [F.S.A.], which provides for the appointment of Acting State Attorneys. "5. This Court under the authority of Pelaez v. State, 144 So. 364, has the authority to appoint an acting `Prosecuting Attorney' to act under either Section 32.17 Florida Statutes, or 27.16 Florida Statutes....
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State Ex Rel. Christian v. Austin, 302 So. 2d 811 (Fla. 1st DCA 1974).

Cited 5 times | Published | Florida 1st District Court of Appeal

...irect proceeding in Quo Warranto. We therefore turn to the primary issue, the propriety of the assignment of Respondent, Honorable T. Edward Austin, by the Executive Order here challenged. The pertinent statutes are Florida Statutes 27.14, 27.15 and 27.16....
...ist any other state attorney in the discharge of his duties shall immediately proceed to the place designated and assist the state attorney of the circuit in which such place is located in the performance of his duties. (Emphasis added) * * * * * * "27.16 Appointment of acting state attorney....
...d singular the duties of State Attorney of that circuit. Further expression of the legislative intention that the phrase "the duties of state attorney" does not limit itself to the duties concerning one particular case is found in the amendment to F.S. 27.16, added by the same 1969 Legislature which amended and re-enacted F.S....
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State v. Miller, 313 So. 2d 656 (Fla. 1975).

Cited 4 times | Published | Supreme Court of Florida

...r and the people of this State by ratifying Article V have decided that five years experience as a member of The Florida Bar is requisite to the holding of the position as prosecuting officer of the court. This requirement is implicitly contained in Section 27.16, Florida Statutes, which permits the appointment of an acting state attorney....
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State ex rel. Harris v. McCauley, 297 So. 2d 825 (Fla. 1974).

Published | Supreme Court of Florida | 1974 Fla. LEXIS 3778

acting state attorney appointed pursuant to Section 27.16, F.S. validly sign felony informations when
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State ex rel. Shevin v. Weinstein, 353 So. 2d 1251 (Fla. Dist. Ct. App. 1978).

Published | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15039

has the inherent or statutory authority under Section 27.16, Florida Statutes (1975), to appoint an acting

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