CopyCited 24 times | Published | Supreme Court of Florida
...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.
27.255 is intended to vest Assistant State Attorneys with the power, duties and responsibilities of their appointing State Attorney while performing their duties in the circuit of their appointment." Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1989 WL 63381
...The trial court granted Gill's motion for summary judgment in regard to Kelly's claim for wrongful termination finding that no action could be maintained under a contract or tort theory. Kelly's motion for summary judgment was granted to the extent that the trial court found that section
27.255(1), (3), Florida Statutes (1985) [2] applied fully to investigators employed by the state attorney and thus, section
112.531, et seq....
...*1165 While it is at least arguable that section
112.532(4) offers at least de minimis procedural rights to a "law enforcement officer," Kelly cannot claim a statutory violation because the benefits of section
112.531, et seq., as they relate to dismissal are not available to him. Section
27.255(3), Florida Statutes (1985) states that an investigator "appointed" pursuant to the provisions of section
27.251 ( i.e., sheriff's deputy on fulltime basis as an investigator), has the same rights afforded other law enforcement officer...
...al office and as such, are terminable at will and not entitled to the protections of section
112.531, et seq., Florida Statutes. Under the reasoning of the trial court, to allow investigators the benefits of sections
112.532 and
112.534, pursuant to section
27.255(3), would also allow appointed deputy sheriffs, as investigators, those same rights....
...This would clearly be inconsistent; by becoming an appointee of the state attorney's office, a deputy sheriff would have greater rights than if he had remained solely with his primary employer. [4] Evans v. Hardcastle,
339 So.2d 1150 (Fla.2d DCA 1976). As a result, even though under section
27.255(1), an investigator is called a "law enforcement officer," this does not mean that a state attorney's investigator has the benefits of section
112.531, et seq....
...Section
112.533 establishes a system for the receipt and processing of outside complaints made against an officer. Section
112.534 specifies that if an agency fails to comply with Part VI, an injured officer may apply to the circuit court for an injunction to compel performance. [2] Section
27.255(1) states in part: 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 section
27.251 is hereby declared to be a law enforcement officer of the state... . Section
27.255(3) states: 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 section
27.251 shall have the same rights, protections, and immunities afforded other peace or law enforcement officers....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1993 WL 125169
...City of Coral Springs,
538 So.2d 1373 (Fla. 4th DCA 1989). The cause is remanded for entry of judgment in favor of the defendant in accordance with its motion for summary judgment and motions for directed verdict. REVERSED and REMANDED. HARRIS and GRIFFIN, JJ., concur. NOTES [1] See §
27.255, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...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.
27.255 is intended to vest Assistant State Attorneys with the power, duties and responsibilities of their appointing State Attorney while performing their duties in the circuit of their appointment....
CopyCited 4 times | Published | Supreme Court of Florida
...ecognition of this was evidenced by statutes authorizing state attorneys to employ investigators (Fla. Stat. §
27.25(1), F.S.A.), and authorizing such investigators to serve arrest warrants, search warrants, subpoenas, and carry weapons (Fla. Stat. §
27.255, F.S.A.), which are activities customarily performed by the police who primarily investigate crimes....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...Section
27.251, Florida Statutes (1981) provides: (1) The state attorney of each judicial circuit is authorized to employ any municipal or county police officer or sheriff's deputy on a full-time basis as an investigator for the state attorney's office with full powers of arrest throughout his judicial circuit... . Section
27.255, Florida Statutes (1981) permits such special investigator to serve warrants anywhere within the judicial circuit served by such state attorney....
...We do not find Hesselrode v. State controlling. In Hesselrode, municipal police executed a warrant directed to a county sheriff. In the case sub judice, the officers executing the warrant clearly acted under *718 the authority of Sections
27.251 and
27.255, Florida Statutes (1981)....
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
required qualifications, rights, and immunities. 2 Section
27.255(1), F.S. 3 Imbler v. Pachtman,
424 U.S. 409 