The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES

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F.S. 27.255

27.255 Investigators; authority to arrest, qualifications, rights, immunities, bond, and oath.—

(1) Each investigator employed on a full-time basis by a state attorney and each special investigator appointed by the state attorney pursuant to the provisions of s. 27.251 is hereby declared to be a law enforcement officer of the state and a conservator of the peace, under the direction and control of the state attorney who employs him or her, with full powers of arrest, in accordance with the laws of this state. Such investigator may arrest any person for violation of state law or applicable county or city ordinances when such violation occurs within the boundaries of the judicial circuit served by the state attorney employing the investigator, except that arrests may be made out of said judicial circuit when hot pursuit originates within said judicial circuit. Such investigator shall, within the boundaries of the judicial circuit served by such state attorney, have full authority to serve any arrest warrant, search warrant, capias, or court order issued by any court or judge within such judicial circuit in a criminal case, or in connection with a criminal investigation, when the same is directed to him or her. The investigator may serve, anywhere within the state, a witness subpoena issued by any court or judge within the state or issued in connection with a criminal investigation that arises anywhere within the state, provided that prior notice is given to the sheriff in whose county service will be attempted; however, failure to provide this notice to the sheriff does not affect the validity of the service. The investigator may carry weapons on or about his or her person in the same manner as other law enforcement officers.

(2) All investigators employed by a state attorney or appointed pursuant to the provisions of s. 27.251 shall meet the minimum standards established by the Criminal Justice Standards and Training Commission of the Department of Law Enforcement for the employment and training of law enforcement officers under chapter 943, except that investigators employed by a state attorney on July 1, 1974, shall not be required to meet such standards.

(3) In the performance of any of the powers, duties, and functions authorized by law or this section, investigators employed by a state attorney or appointed pursuant to the provisions of s. 27.251 shall have the same rights, protections, and immunities afforded other peace or law enforcement officers.

(4) Any full-time investigator employed by the state attorney and any special investigator appointed by the state attorney pursuant to the provisions of s. 27.251 shall, before entering into the performance of duties, take and file the oath as prescribed in s. 5, Art. II of the State Constitution. The state attorney may require any full-time investigator employed by the state attorney or any special investigator appointed by the state attorney pursuant to the provisions of s. 27.251 to give a bond conditioned on the faithful performance of the investigator’s duties.

History.—s. 1, ch. 70-275; s. 1, ch. 74-260; s. 2, ch. 78-227; s. 5, ch. 79-8; s. 2, ch. 83-167; s. 131, ch. 95-147; s. 2, ch. 96-256; s. 6, ch. 98-34.

F.S. 27.255 on Google Scholar

F.S. 27.255 on Casetext

Amendments to 27.255

Arrestable Offenses / Crimes under Fla. Stat. 27.255

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.255.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE OFFICE OF STATE ATTORNEY v. KOWALSKI, Sr., 617 So. 2d 1099 (Fla. Dist. Ct. App. 1993)

. . . See § 27.255, Fla.Stat. . . .

C. KELLY, v. S. GILL,, 544 So. 2d 1162 (Fla. Dist. Ct. App. 1989)

. . . Kelly’s motion for summary judgment was granted to the extent that the trial court found that section 27.255 . . . trial court, to allow investigators the benefits of sections 112.532 and 112.534, pursuant to section 27.255 . . . As a result, even though under section 27.255(1), an investigator is called a “law enforcement officer . . . Section 27.255(1) states in part: Each investigator employed on a full-time basis by a state attorney . . . Section 27.255(3) states: In the performance of any of the powers, duties, and functions authorized by . . .

STATE v. GRIFFIS,, 502 So. 2d 1356 (Fla. Dist. Ct. App. 1987)

. . . their city were also special investigators of the State Attorney’s office, thus authorized by section 27.255 . . .

STATE v. SANCHEZ,, 465 So. 2d 1299 (Fla. Dist. Ct. App. 1985)

. . . . § 27.255, Fla.Stat. (1983); see State v. . . .

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

. . . See Section 27.255(2) Florida Statutes; Section 943.04, Florida Statutes; 28 USC 533 (1); ABA Standards . . .

STATE v. J. HILLS, E. R. J. L., 428 So. 2d 715 (Fla. Dist. Ct. App. 1983)

. . . Section 27.255, Florida Statutes (1981) permits such special investigator to serve warrants anywhere . . . judice, the officers executing the warrant clearly acted under the authority of Sections 27.251 and 27.255 . . .

STATE OF FLORIDA v. QUESADA,, 3 Fla. Supp. 2d 28 (Fla. Cir. Ct. 1982)

. . . . §27.255(4). . . . Stat. 27.251 and 27.255. This Court believes that they cannot. . . .

ROSE, v. P. D ALESSANDRO,, 364 So. 2d 763 (Fla. Dist. Ct. App. 1978)

. . . criminal case pursuant to its statutory investigatory or pros-ecutorial duties, §§ 27.02, 27.03, 27.04, 27.255 . . .

T. AUSTIN v. STATE T. CHRISTIAN,, 310 So. 2d 289 (Fla. 1975)

. . . It is obvious that that statute, when read in para materia with F.S. 27.181 and F.S. 27.255 is intended . . .

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

. . . It is obvious that that statute, when read in pari materia with F.S. 27.181 and F.S. 27.255 is intended . . .

EAGAN, L. v. M. DeMANIO, a, 294 So. 2d 639 (Fla. 1974)

. . . . § 27.255, F.S.A.), which are activities customarily performed by the police who primarily investigate . . .

CALIFORNIA CITIZENS BAND ASSOCIATION, a v. UNITED STATES, 375 F.2d 43 (9th Cir. 1967)

. . . In 1959, the Commission also allocated 27.255 MC to be used by Class D stations on a shared basis with . . .