CopyCited 24 times | Published | Supreme Court of Florida
...Const., art. V, § 17, F.S.A. Each Assistant State Attorney so appointed serves during the pleasure of the State Attorney appointing him. This means that an assistant may be discharged or replaced at the will or pleasure of the State Attorney. Fla. Stat. § 27.181, F.S.A....
...ry may be assured that vast power will not be abused. On the other hand, Assistant State Attorneys are appointed *294 by the State Attorney, serving at his pleasure, and responsible only to him. Experience is not a requisite to their appointment. (F.S. 27.181(2)) While the office of State Attorney is a constitutional office, the office of Assistant State Attorney is a creature of statute....
...The vacuum of authority is not filled by F.S. 27.324 which provides that Assistant State Attorneys, properly appointed, are vested with all the powers, duties and responsibilities of State Attorneys. It is obvious that that statute, when read in para materia with F.S. 27.181 and F.S....
...ate attorney. An assistant state attorney serves only "during the pleasure of the state attorney appointing him." He has authority to "discharge all of the duties of the state attorney appointing him, under the direction of said state attorney... ." Section 27.181(2), (3), Florida Statutes....
CopyCited 10 times | Published | Supreme Court of Florida
...Angel,
261 So.2d 198 (Fla.3d DCA 1972), aff'd,
270 So.2d 715 (Fla. 1972). Petitioner the State of Florida would have us follow Angel. The state argues that since article V, section 17 of the Florida Constitution provides for the appointment of assistant state attorneys and section
27.181(3), Florida Statutes (1975), allows assistant state attorneys all the powers of state attorneys, except with regard to signing informations, we should hold that the assistant in this case had the power to authorize the application under section
934.07....
...Supp. 405, 410 (M.D.Fla. 1972). Congress has made clear, however, that such authority must be given only to officials responsive to the political process. *636 Based on section 2516, its legislative history, and the Giordano decision, we conclude that section 27.181(3), Florida Statutes (1975), cannot be held to empower assistant state attorneys to authorize applications for electronic eavesdropping orders....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...standing to complain. See State v. News-Press Publishing Company,
338 So.2d 1313 (Fla.2d DCA 1976). [1] The Omnibus Crime Control and Safe Streets Act of 1968, of which 18 U.S.C. §§ 2510, et seq. is a part. [2] See Art. I, § 15, Fla. Const., and §
27.181(3), Fla....
CopyCited 7 times | Published | Supreme Court of Florida
...Pearson has heretofore been appointed as Assistant State Attorney to be special counsel to the Grand Jury during the investigation of the charges involved herein and is now assisting in the prosecution of these cases and further, according to Article V, Section 9B of the Constitution and Section 27.181, Florida Statutes [F.S.A.] the said Daniel S....
CopyCited 6 times | Published | Supreme Court of Florida
...stant state attorneys. The basis for the motion to dismiss was petitioner's contention that the indictment was not signed by a properly appointed assistant state attorney, as required by Rule 3.140(f), Florida Rules of Criminal Procedure. Fla. Stat. § 27.181(2), F.S.A....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...ving the interception of wire or oral communications * * *." Article V, Section 17 of the Constitution of the State of Florida concludes with the sentence: "State Attorneys shall appoint such assistant state attorneys as may be authorized by law." F.S. 27.181(3) provides: "(3) Each assistant state attorney appointed by a state attorney under the authorization of this act shall have all of the powers and discharge all of the duties of the state attorney appointing him, under the direction of said...
...igned, the same shall have the same force and effect as if signed by the state attorney." In State v. Angel,
261 So.2d 198 (Fla. 3rd DCA 1972) [14] it was held that under Article V, Section 9B of the former Constitution of the State of Florida and F.S.
27.181(3), above quoted, assistant state attorneys are entitled to authorize an application for an order authorizing or approving the interception of wire or oral communications, observing: "* * * Of course, this authorization only puts in motion...
...This contention of appellants is without merit. §
934.07, Florida Statutes (1975), provides that any state attorney may authorize an application to a judge of competent jurisdiction for an order authorizing interception of wire communications by the Department of Criminal Law Enforcement. §
27.181(3), Florida Statutes (1975), gives the assistant all the powers of the state attorney....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...tizenry may be assured that vast power will not be abused. On the other hand, Assistant State Attorneys are appointed by the State Attorney, serving at his pleasure, and responsible only to him. Experience is not a requisite to their appointment. (F.S. 27.181(2)) While the office of State Attorney is a constitutional office, the office of Assistant State Attorney is a creature of statute....
...The vacuum of authority is not filled by F.S. 27.324 which provides that Assistant State Attorneys, *821 properly appointed, are vested with all the powers, duties and responsibilities of State Attorneys. It is obvious that that statute, when read in pari materia with F.S. 27.181 and F.S....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...Count II of the indictment is void because it is based on the alleged sworn statements of an assistant state attorney, as is the case in an information, but it is not signed by him. Sullivan v. Leatherman,
48 So.2d 836 (Fla. 1950); Fla.R.Crim.P. 3.140(g); §
27.181(3), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...hall be guilty of a felony of the third degree... ." (emphasis supplied). In contrast, Section
837.012, Florida Statutes (1981), makes perjury when not in an official proceeding a misdemeanor of the first degree. [3] Or assistant state attorney. See §
27.181(3), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...ey. The information was filed after the repeal of Section 27.324, Florida Statutes, by Ch. 77-104, § 14, Laws of Florida, which had permitted assistant state attorneys to sign and file informations, but before the effective date of the amendment to Section 27.181(3), Florida Statutes (Supp....
CopyCited 4 times | Published | Supreme Court of Florida
...ached felony information was filed in Circuit *657 Court of the Ninth Judicial Circuit in Kissimmee, Florida, by an Assistant State Attorney. On May 29, 1974, the information was quashed by this Court pursuant to the attached Order and pursuant to F.S. 27.181(3) and F.R.C.P....
...27.324 the Assistant State Attorney's properly appointed by each State Attorney are vested with all the powers, duties, and responsibilities of the State Attorneys. "QUESTION OF LAW: "Can a duly authorized Assistant State Attorney legally sign a felony information? "Does F.S. 27.324 conflict with F.S. 27.181(3)? "The question is certified for an opinion as a matter of great public interest and involving a conflict of the Laws of Florida....
...It further appears to the Court that designated assistants in certain large circuits are allowed to sign felony informations by statute. "Certified from Kissimmee, Osceola County, Florida, this 26 day of June, 1974." We conclude that both questions should be answered in the affirmative. Section 27.181(3), F.S., originally enacted as Section 3 of Chapter 67-188, Laws of Florida, 1967, pursuant to the limitations of the 1885 Florida Constitution, has been superseded in respect to the certified questions by Section 27.324, F.S., origin...
...Here, it does not appear there is any constitutional impediment upon a grant of statutory power to assistant state attorneys to sign informations charging either felony or misdemeanor violations. Therefore, for the reasons stated, the limiting language in Section 27.181(3), F.S., "except, however, that due to constitutional limitations, no such assistant may sign informations," is no longer applicable because the present constitution does not contain such limitations either expressly or impliedly....
...martial." The prosecuting officer of the State is the State Attorney of the judicial circuit whose required qualifications are stated in *659 Article V, Section 17, Constitution of Florida. Relative to powers and duties of Assistant State Attorneys, Section 27.181, Florida Statutes, contains the following language....
...equisite 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. This is evidenced by the language of Section
27.181, Florida Statutes, that ` due to constitutional limitations, no such assistant may sign informations.'" This Court expressly stated in State ex rel....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1989 WL 16647
...[3] Accordingly, the order dismissing the informations in each of the two trial court cases (Hartung, 86-3303 and Potts, 88-1152) is reversed and this cause remanded for further proceedings. REVERSED and REMANDED. SHARP, C.J., and ORFINGER, J., concur. NOTES [1] See § 27.181(3), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...da Rule of Criminal Procedure 3.140(g), a rule of practice and procedure properly promulgated by the Supreme Court under Article V, Section 2, Florida Constitution (1973). We respond to appellees' argument by noting that a second authority exists in Section 27.181(2), Florida Statutes 27.181(3) (amended 1980). Section 27.181(2) (1980) provides: "Each assistant state attorney appointed by a state attorney under the authorization of the act shall have all of the powers and discharge all of the duties of the state attorney appointing him, under the direction of said state attorney. No such assistant state attorney, may sign informations unless specifically designated to do so by the state attorney... ." Section 27.181(3) was amended subsequent to this cause of action. Appellees argue, and the trial court apparently found, that the statute in effect at the time of this case, the pre-amended Section 27.181(3) (1979), prohibited assistant state attorneys from signing felony informations....
...Miller, supra . Appellees' argument that Miller, supra, has been rendered void by the subsequent repeal of Section 27.324, Florida Statutes (1967) is without merit. [3] The issue in Miller was whether Section 27.324, Florida Statutes (1973) conflicted with Section 27.181(3), Florida Statutes (1973)....
...The court found no conflict. The court held that assistant state attorneys serve as alter egos of the state attorney appointing them and were properly granted the power to sign felony informations. The court's decision in Miller, supra, rests squarely upon its finding under Section 27.181(3) and not under Section 27.324 that the Florida constitution (adopted in 1968 and amended in 1973) contains no constitutional limitations on the power of the supreme court or legislature to grant assistant state attorneys the power to sign felony informations. The court in Miller found that the exception in Section 27.181(3) regarding signing of felony informations was based on the constitutional limitation of the 1885 Florida Constitution in effect when the statute was originally enacted....
...With the adoption of the 1968 constitution, this constitutional limitation no longer existed. Since there was no longer a constitutional limitation, the exception did not apply and assistant state attorneys had all of the powers and duties of the state attorney as provided by both Sections 27.181(3) and 27.324. Recognizing that Section 27.324 had become superfluous, the legislature repealed it, effective in 1980. See note 2, supra. The holding of Miller, supra, remains intact both as to Section 27.181(3) and as to Rule 3.140(g)....
...been improvidently invoked, and a requirement that no cause shall be dismissed because an improper remedy has been sought. These rules may be repealed by general law enacted by two-thirds vote of the membership of each house of the legislature. [3] Section 27.181(3) (1973), originally enacted as Section 3 of Chapter 67-188, Laws of Florida, 1967, provided: Each assistant state attorney appointed by a state attorney under the authorization of this act shall have all of the powers and discharge a...
...d in its entirety that "the assistant state attorneys properly appointed by each state attorney are vested with all the powers, duties, and responsibilities of state attorneys." In 1977, the Florida legislature repealed Section 27.324 as duplicating Section 27.181(3) (1977).
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...ark v. State ex rel. Rubin,
122 So.2d 807, 812 (Fla. 3d DCA 1960). For want of a better phrase, appellant was a recalcitrant witness. She appeared before an assistant state attorney in response to a subpoena issued pursuant to sections
27.04 [1] and
27.181(3), [2] Florida Statutes (1979), which had been issued as part *381 of an investigation involving other individuals believed to be conspiring to traffic and trafficking in 10,000 pounds or more of cannabis in violation of sections
777.04(4)(b) and
893.135(1)(a)(3), Florida Statutes (1979)....
...the investigation. Appellant's interpretation of the new constitutional provision, if adopted, would vitiate the authority of each state attorney, pursuant to section
27.04, and that of assistant state attorneys acting thereunder in accordance with section
27.181(3)....
...n which they may be interrogated, and he is empowered to administer oaths to all witnesses summoned to testify by the process of his court or who may voluntarily appear before him to testify as to any violation or violations of the criminal law. [2] Section 27.181(3) provides: Each assistant state attorney appointed by a state attorney under the authorization of this act shall have all of the powers and discharge all of the duties of the state attorney appointing him, under the direction of said...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1993 WL 33806
...In most instances in which the subordinate is a "state officer," that appointment would come from the Governor or, at least, from a member of the executive branch of government. See Art. IV, Fla. Const. The Governor does not appoint assistant state attorneys. See § 27.181, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 37, 2014 WL 241911, 2014 Fla. LEXIS 202
...assistant state attorney who had signed the information and indictment in his
underlying criminal case, in which Mathews was charged with second-degree
murder, was not authorized to sign informations and indictments because he did
not have an oath on file, as required by section 27.181, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5818
...ictments. One Fletcher, who was an attorney at law and who admittedly drafted the indictments in question, was present before the Grand Jury and testified as a witness for the State. He was not a duly designated Assistant State Attorney, pursuant to § 27.181, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 5538748, 2013 Fla. App. LEXIS 15913
...ause.” Certainly, the attorney representing the state is “interested in any issue to be tried.” Each assistant state attorney upon appointment is required to take an oath that she will faithfully perform the duties of assistant state attorney, section 27.181(2), Florida Statutes (1991), including the prosecution of all criminal informations and indictments....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
percent of that state attorney's salary. . . ." Section
27.181(4), id. However, under the proviso to s. 100
CopyPublished | Supreme Court of Florida | 1971 Fla. LEXIS 3505
made by the State Attorney, pursuant to Fla.Stat. §
27.181, F.S.A., which did not require issuance of a commission
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 2122185, 2012 Fla. App. LEXIS 9589
...clerk of courts to provide copies of documents which the petitioner had requested from the clerk in March 2011, concerning the appointment of a particular Broward County assistant state attorney. The documents requested are ones that are required by section 27.181(1), Florida Statutes, to be recorded in the office of the clerk of the circuit court where the appointing state attorney resides....
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
state attorneys as may be authorized by law.' Section
27.181, F. S., generally provides for the employment
CopyPublished | Supreme Court of Florida | 1974 Fla. LEXIS 3778
... . . .A state attorney shall be an elector of the state and reside in the territorial jurisdiction of the circuit. He shall be and have been a member of the bar of Florida for the preceding five years. . . . ” and the following pertinent part of Section 27.181, F.S.: “(3) Each assistant state attorney appointed by a state attorney under the authorization of this act shall have all of the powers and discharge all of the dr£ ties of the state attorney appointing him, under the direction of...
...ted state attorney or appointed to that office by the Governor. Neither is the circuit judge restricted either inherently or by Section
27.16 in his temporary appointive power to the qualification criteria prescribed for assistant state attorneys in Section
27.181, F.S....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16348
...This contention of appellants is without merit. § 934.-07, Florida Statutes (1975), provides that any state attorney may authorize an application to a judge of competent jurisdiction for an order authorizing interception of wire communications by the Department of Criminal Law Enforcement. § 27.181(3), Florida Statutes (1975), gives the assistant all the powers of the state attorney....
CopyPublished | Supreme Court of Florida
...y construed a controlling provision of the Florida Constitution under the facts as reported below, Art. V, Section 4(2), Florida Constitution. The decision appealed is affirmed on authority of Florida Constitution, Art. V, Section 9(b) and Fla.Stat. Section 27.181 (3)....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6849
...f the State of Florida and, specifically, Art. V, Section 9B, F.S.A., grants unto Assistant State Attorneys of the Eleventh Judicial Circuit “full authority to do and perform any official act that the State Attorney may do and perform”. Further, § 27.181(3), Fla.Stat., F.S.A., provides as to all Assistant State Attorneys: “27.181 Assistant state attorneys; appointment ; term; powers and duties; compensation.— ****** “(3) Each assistant state attorney appointed by a state attorney under the authorization of this act shall have all of the powers and discharge all of...
CopyPublished | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 29153, 38 Empl. Prac. Dec. (CCH) 35, 689, 37 Fair Empl. Prac. Cas. (BNA) 985
...attorney must place a significant degree of trust in his assistants. As the Florida statutes indicate, the assistant state attorneys are given powers and responsibilities virtually co-extensive with those of the appointing state attorney. Fla.Stat. § 27.181(3). And to insure that these are fully carried out, the assistant state attorneys serve at the pleasure of the appointing state attorney. Fla.Stat. § 27.181(2)....
...fuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age; . Fla.Stat. §
27.01 (1981). . Fla.Stat. §
27.181(2) (1981)....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7111
Nichols in March 1972. Appellant relies on Section
27.181, Florida Statutes, F.S.A., which is as follows:
