reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title V - Judicial Branch › Chapter 25 - Supreme Court › 25.3842 - Federal Grants Trust Fund.

25.3842 Federal Grants Trust Fund.—
(1) The Federal Grants Trust Fund is created within the state courts system.
(2) The fund is established for use as a depository for funds to be used for allowable grant activities funded by restricted program revenues. Moneys to be credited to the trust fund shall consist of grants and funding from the Federal Government, interest earnings, and cash advances from other trust funds.
History.—s. 1, ch. 2006-24; s. 2, ch. 2009-28.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 25 - Supreme Court › 25.3844 - Administrative Trust Fund.

25.3844 Administrative Trust Fund.—
(1) The Administrative Trust Fund is created within the state courts system.
(2) The fund is established for the purpose of supporting the operations of the judicial branch and for such other purposes as may be appropriate, and shall be expended only pursuant to legislative appropriation or an approved amendment to the agency’s operating budget pursuant to the provisions of chapter 216.
History.—s. 3, ch. 2006-23; s. 2, ch. 2009-31; s. 3, ch. 2010-162.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 25 - Supreme Court › 25.385 - Standards for Instruction of Circuit and County Court Judges in Handling Domestic Violence and Dependency Cases.

25.385 Standards for instruction of circuit and county court judges in handling domestic violence and dependency cases.—
(1) The Florida Court Educational Council shall establish standards for instruction of circuit and county court judges who have responsibility for domestic violence cases, and the council shall provide such instruction on a periodic and timely basis. As used in this subsection, the term “domestic violence” has the meaning set forth in s. 741.28.
(2) The Florida Court Educational Council shall establish standards for instruction of circuit and county court judges who have responsibility for dependency cases regarding the recognition of and responses to head trauma and brain injury in a child under 6 years of age, the benefits of a secure attachment with a primary caregiver, the importance of a stable placement, and the impact of trauma on child development. The council shall provide such instruction to the circuit and county court judges handling dependency cases on a periodic and timely basis.
History.—ss. 2, 8, ch. 84-343; s. 1, ch. 91-210; s. 1, ch. 2002-55; s. 2, ch. 2020-40; s. 1, ch. 2020-138.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 25 - Supreme Court › 25.386 - Foreign Language Court Interpreters.

25.386 Foreign language court interpreters.—
(1) The Supreme Court shall establish minimum standards and procedures for qualifications, certification, professional conduct, discipline, and training of foreign language court interpreters who are appointed by a court of competent jurisdiction. The Supreme Court shall set fees to be charged to applicants for certification and renewal of certification as a foreign language court interpreter. The revenues generated from such fees shall be used to offset the costs of administration of the certification program and shall be deposited into the Administrative Trust Fund within the state courts system. The Supreme Court may appoint or employ such personnel as are necessary to assist the court in administering this section.
(2) An applicant for certification as a foreign language court interpreter shall undergo a security background investigation, which includes, but is not limited to, submitting a full set of fingerprints to the Department of Law Enforcement or to a vendor, entity, or agency authorized by s. 943.053. The vendor, entity, or agency shall forward the fingerprints to the department for state processing, and the department shall forward the fingerprints to the Federal Bureau of Investigation for national processing. Any vendor fee and state and federal processing fees shall be borne by the applicant. For records provided to a person or entity other than those excepted therein, the cost for state fingerprint processing is the fee authorized in s. 943.053(3)(e).
History.—s. 1, ch. 2006-253; s. 4, ch. 2010-162; s. 1, ch. 2019-98.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 26 - Circuit Courts › 26.012 - Jurisdiction of Circuit Court.

26.012 Jurisdiction of circuit court.—
(1) Circuit courts shall have jurisdiction of appeals from final administrative orders of local government code enforcement boards and of reviews and appeals as otherwise expressly provided by law.
(2) Circuit courts shall have exclusive original jurisdiction:
(a) In all actions at law not cognizable by the county courts;
(b) Of proceedings relating to the settlement of the estates of decedents and minors, the granting of letters testamentary, guardianship, involuntary hospitalization, the determination of incompetency, and other jurisdiction usually pertaining to courts of probate;
(c) In all cases in equity including all cases relating to juveniles except traffic offenses as provided in chapters 316 and 985;
(d) Of all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged;
(e) In all cases involving legality of any tax assessment or toll or denial of refund, except as provided in s. 72.011;
(f) In actions of ejectment; and
(g) In all actions involving the title and boundaries of real property.
(3) The circuit court may issue injunctions.
(4) The chief judge of a circuit may authorize a county court judge to order emergency hospitalizations pursuant to part I of chapter 394 in the absence from the county of the circuit judge; and the county court judge shall have the power to issue all temporary orders and temporary injunctions necessary or proper to the complete exercise of such jurisdiction.
(5) A circuit court is a trial court.
History.—s. 3, ch. 72-404; s. 1, ch. 74-209; s. 1, ch. 77-119; s. 1, ch. 80-399; s. 1, ch. 81-178; s. 22, ch. 81-259; s. 12, ch. 82-37; s. 2, ch. 84-303; s. 5, ch. 91-112; s. 27, ch. 94-353; s. 52, ch. 95-280; s. 3, ch. 98-280; s. 1, ch. 2004-11; s. 1, ch. 2019-58; s. 3, ch. 2020-61.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 26 - Circuit Courts › 26.021 - Judicial Circuits; Judges.

26.021 Judicial circuits; judges.—The state is divided into 20 judicial circuits:
(1) The first circuit is composed of Escambia, Okaloosa, Santa Rosa, and Walton Counties.
(2) The second circuit is composed of Franklin, Gadsden, Jefferson, Leon, Liberty, and Wakulla Counties.
(3) The third circuit is composed of Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, and Taylor Counties.
(4) The fourth circuit is composed of Clay, Duval, and Nassau Counties.
(5) The fifth circuit is composed of Citrus, Hernando, Lake, Marion, and Sumter Counties.
(6) The sixth circuit is composed of Pasco and Pinellas Counties.
(7) The seventh circuit is composed of Flagler, Putnam, St. Johns, and Volusia Counties.
(8) The eighth circuit is composed of Alachua, Baker, Bradford, Gilchrist, Levy, and Union Counties.
(9) The ninth circuit is composed of Orange and Osceola Counties.
(10) The tenth circuit is composed of Hardee, Highlands, and Polk Counties.
(11) The eleventh circuit is composed of Miami-Dade County.
(12) The twelfth circuit is composed of DeSoto, Manatee, and Sarasota Counties.
(13) The thirteenth circuit is composed of Hillsborough County.
(14) The fourteenth circuit is composed of Bay, Calhoun, Gulf, Holmes, Jackson, and Washington Counties.
(15) The fifteenth circuit is composed of Palm Beach County.
(16) The sixteenth circuit is composed of Monroe County.
(17) The seventeenth circuit is composed of Broward County.
(18) The eighteenth circuit is composed of Brevard and Seminole Counties.
(19) The nineteenth circuit is composed of Indian River, Martin, Okeechobee, and St. Lucie Counties.
(20) The twentieth circuit is composed of Charlotte, Collier, Glades, Hendry, and Lee Counties.
(21) Notwithstanding subsections (1)-(20), the territorial jurisdiction of a circuit court may be expanded as provided for in s. 910.03(3).
The judicial nominating commission of each circuit, in submitting nominations for any vacancy in a judgeship, and the Governor, in filling any vacancy for a judgeship, shall consider whether the existing judges within the circuit, together with potential nominees or appointees, reflect the geographic distribution of the population within the circuit, the geographic distribution of the caseload within the circuit, the racial and ethnic diversity of the population within the circuit, and the geographic distribution of the racial and ethnic minority population within the circuit.
History.—s. 4, ch. 72-404; s. 1, ch. 80-164; s. 1, ch. 81-220; s. 1, ch. 82-238; s. 1, ch. 94-137; s. 2, ch. 94-184; s. 8, ch. 2008-4; s. 7, ch. 2014-182.
Note.—Former ss. 26.02, 26.03, 26.04, 26.05, 26.06, 26.07, 26.08-26.16, and 26.161-26.165.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 26 - Circuit Courts › 26.031 - Judicial Circuits; Number of Judges.

26.031 Judicial circuits; number of judges.—The number of circuit judges in each circuit shall be as follows:
JUDICIAL CIRCUIT     TOTAL
(1) First..........25
(2) Second..........16
(3) Third..........7
(4) Fourth..........35
(5) Fifth..........31
(6) Sixth..........45
(7) Seventh..........27
(8) Eighth..........13
(9) Ninth..........46
(10) Tenth..........28
(11) Eleventh..........80
(12) Twelfth..........22
(13) Thirteenth..........45
(14) Fourteenth..........13
(15) Fifteenth..........35
(16) Sixteenth..........4
(17) Seventeenth..........58
(18) Eighteenth..........26
(19) Nineteenth..........19
(20) Twentieth..........31
History.—ss. 1, 3, ch. 72-402; s. 1, ch. 73-329; s. 1, ch. 75-124; s. 1, ch. 76-175; s. 1, ch. 77-368; s. 1, ch. 78-168; s. 5, ch. 79-413; s. 2, ch. 80-164; s. 1, ch. 80-385; s. 2, ch. 81-220; ss. 2, 7, ch. 82-238; s. 6, ch. 84-303; s. 1, ch. 85-218; s. 1, ch. 86-279; s. 1, ch. 87-89; s. 2, ch. 88-167; s. 1, ch. 89-290; s. 1, ch. 90-206; s. 1, ch. 93-63; s. 3, ch. 94-137; s. 1, ch. 95-351; s. 1, ch. 96-271; s. 1, ch. 97-257; ss. 1, 2, ch. 99-151; s. 1, ch. 2001-284; s. 1, ch. 2002-388; ss. 1, 2, ch. 2005-150; s. 1, ch. 2005-356; s. 1, ch. 2006-166; s. 2, ch. 2019-95; s. 1, ch. 2020-112; s. 1, ch. 2021-45.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 26 - Circuit Courts › 26.19 - Abatement of Actions Because of Change of Judge, Etc.

26.19 Abatement of actions because of change of judge, etc.—No civil or criminal cases, suits in equity, actions at law, statutory or otherwise; and no writs, process, pleading, motion, information, presentment, indictment or other proceedings, order, finding, decree, judgment or sentence, shall abate, be quashed, set aside, reversed, qualified, dismissed, defeated, or held to be in error because of the changes in any circuit or circuits, or judge or judges, state attorneys, or other prosecuting officers.
History.—s. 5, ch. 17085, 1935; CGL 1936 Supp. 4738(5).
2023 Florida Statutes › Title V - Judicial Branch › Chapter 26 - Circuit Courts › 26.20 - Availability of Judge for Hearings in Chambers.

26.20 Availability of judge for hearings in chambers.—In circuits having more than one circuit judge, at least one of said judges shall be available as nearly as possible at all times to hold and conduct hearings in chambers. In each circuit, there must be at least one judge available on Saturdays, Sundays, holidays, and after hours on weekdays to hear motions for a temporary injunction ex parte in domestic violence cases. The chief judge may assign a judge for this purpose.
History.—s. 4, ch. 17085, 1935; CGL 1936 Supp. 4738(4); s. 2, ch. 91-210.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 26 - Circuit Courts › 26.46 - Jurisdiction of Resident Judge After Assignment.

26.46 Jurisdiction of resident judge after assignment.—If a circuit judge is assigned to another circuit, none of the circuit judges in that other circuit shall, because of the assignment, be deprived of or affected in his or her jurisdiction other than to the extent essential so as not to conflict with the authority of the temporarily assigned circuit judge as to the particular case or cases or class of cases.
History.—s. 2, ch. 6900, 1915; RGS 3061; CGL 4842; s. 113, ch. 95-147; s. 2, ch. 2013-25.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 26 - Circuit Courts › 26.49 - Executive Officer of Circuit Court.

26.49 Executive officer of circuit court.—The sheriff of the county shall be the executive officer of the circuit court of the county.
History.—s. 14, ch. 4, 1845; RS 1396; GS 1841; RGS 3086; CGL 4869.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 26 - Circuit Courts › 26.52 - Travel Expenses, Circuit Judges.

26.52 Travel expenses, circuit judges.—Each circuit judge shall be reimbursed for travel expenses as provided in s. 112.061.
History.—s. 4, ch. 6912, 1915; RGS 3004; s. 2, ch. 8480, 1921; CGL 4738, s. 19, ch. 63-400.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 26 - Circuit Courts › 26.55 - Conference of Circuit Judges of Florida; Duties and Reports.

26.55 Conference of Circuit Judges of Florida; duties and reports.—
(1) There is created and established the Conference of Circuit Judges of Florida. The conference consists of the active and retired circuit judges of the several judicial circuits of the state, excluding retired judges practicing law.
(2) The conference shall annually elect a chair. The chair shall call all meetings and appoint committees to effectuate the purposes of the conference.
(3) The conference shall operate according to the Rules of Judicial Administration adopted by the Supreme Court. The responsibilities of the conference include:
(a) Considering and making recommendations concerning the betterment of the judicial system of the state and its various parts;
(b) Considering and making recommendations concerning the improvement of rules and methods of procedure and practice in the several courts;
(c) Reporting to the Supreme Court its findings and recommendations under this subsection; and
(d) Providing the Legislature with such recommendations as the conference may have concerning defects in the laws of this state and such amendments or additional legislation as the conference may deem necessary regarding the administration of justice.
History.—s. 1, ch. 59-273; s. 1, ch. 72-49; s. 1, ch. 73-299; s. 2, ch. 84-254; s. 114, ch. 95-147; s. 9, ch. 2014-182.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 26 - Circuit Courts › 26.56 - Residual Jurisdiction for Abolished Courts.

26.56 Residual jurisdiction for abolished courts.—
(1) If any court is abolished and a proceeding had in it is not transferred to another court, the circuit court for the county where the court formerly existed shall have jurisdiction over any further proceedings in the same manner as though the proceeding had been originally pending in the circuit court.
(2) Additional proceedings in the circuit court shall be commenced by filing the appropriate motion, pleading, or paper that would have been filed in the abolished court. The circuit court may require the custodian of the records of the abolished court to make the records of any proceedings available to the circuit court. The clerk of the circuit court shall charge no additional filing fee for proceedings under this section.
(3) This section shall apply to all courts that have heretofore been abolished and to all courts that may hereafter be abolished under the circumstances prescribed in this section.
History.—s. 1, ch. 71-7.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 26 - Circuit Courts › 26.57 - Temporary Designation of County Court Judge to Preside Over Circuit Court Cases.

26.57 Temporary designation of county court judge to preside over circuit court cases.—A county court judge may be designated on a temporary basis to preside over circuit court cases by the Chief Justice of the Supreme Court upon recommendation of the chief judge of the circuit. He or she may be assigned to exercise all county and circuit court jurisdiction in the county, except appeals from the county court. In addition, he or she may be required to perform the duties of circuit judge in other counties of the circuit as time may permit and as the need arises, as determined by the chief judge of the circuit. A county court judge designated to preside over circuit court cases shall receive the same salary as a circuit court judge, to the extent that funds are specifically appropriated by law for such purposes.
History.—s. 1, ch. 74-217; s. 115, ch. 95-147; s. 2, ch. 2008-111; s. 1, ch. 2009-61.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part I - Court Reporters; Witness Coordination (Ss. 27.0055-27.0065) › 27.0055 - Official court reporters.

27.0055 Official court reporters.—
(1) The term “official court reporter” means any individual appointed as an official court reporter pursuant to former chapter 29 prior to the effective date of this act.
(2) It shall not constitute a violation of chapter 112 for an official court reporter to either directly or indirectly purchase, rent, or utilize any goods or services for any court reporting firm in which the official court reporter is an officer, partner, director, or proprietor, or in which the official court reporter has a material interest.
(3) It shall not constitute a violation of chapter 112 for an official court reporter to have or hold any employment or contractual relationship with any business entity or agency which is subject to the regulation of, or is doing business with, any agency of which the court reporter is an officer or employee.
(4) The provisions of this section shall take effect upon becoming a law and shall apply to any individual appointed as an official court reporter prior to the effective date of this section for those actions listed in subsections (2) and (3) above.
History.—s. 1, ch. 95-286; s. 10, ch. 99-2.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part I - Court Reporters; Witness Coordination (Ss. 27.0055-27.0065) › 27.0061 - Transcripts in criminal cases.

27.0061 Transcripts in criminal cases.—Upon the demand of the state attorney, or the presiding judge in any criminal case, or the defendant within the time allowed for taking an appeal and for the purpose of taking an appeal in a criminal case, the court reporter shall furnish with reasonable diligence a transcript of the testimony and proceedings; and the costs for same shall be taxed as costs in the case.
History.—s. 4, ch. 95-286.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part I - Court Reporters; Witness Coordination (Ss. 27.0055-27.0065) › 27.0065 - Witness coordination.

27.0065 Witness coordination.—Each state attorney, public defender, and criminal conflict and civil regional counsel is responsible for:
(1) Coordinating court appearances, including pretrial conferences and depositions, for all witnesses who are subpoenaed in criminal cases, including law enforcement personnel.
(2) Contacting witnesses and securing information necessary to place a witness on an on-call status with regard to his or her court appearance.
(3) Contacting witnesses to advise them not to report to court in the event the case for which they have been subpoenaed has been continued or has had a plea entered, or in the event there is any other reason why their attendance is not required on the dates they have been ordered to report.
(4) Contacting the employer of a witness, when necessary, to confirm that the employee has been subpoenaed to appear in court as a witness.
In addition, the state attorney, public defender, or criminal conflict and civil regional counsel may provide additional services to reduce time and wage losses to a minimum for all witnesses.
History.—s. 1, ch. 82-176; s. 262, ch. 95-147; s. 5, ch. 2003-402; s. 1, ch. 2022-195.
Note.—Former s. 43.35.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.01 - State attorneys; number, election, terms.

27.01 State attorneys; number, election, terms.—There shall be a state attorney for each of the judicial circuits, who shall be elected at the general election by the qualified electors of their respective judicial circuits as other state officials are elected, and who shall serve for a term of 4 years.
History.—s. 1, ch. 5120, 1903; GS 1796; ss. 1, chs. 6197, 6198, 1911; RGS 3026; CGL 4769; ss. 1, 5-A, ch. 17085, 1935; s. 1, ch. 26761, 1951.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.015 - Private practice prohibited.

27.015 Private practice prohibited.—All state attorneys elected to said office shall be so elected on a full-time basis and shall be prohibited from the private practice of law while holding said office.
History.—s. 1, ch. 70-79; s. 11, ch. 2002-1.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.02 - Duties before court.

27.02 Duties before court.—
(1) The state attorney shall appear in the circuit and county courts within his or her judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions, civil or criminal, in which the state is a party, except as provided in chapters 39, 984, and 985. The intake procedures of chapters 39, 984, and 985 shall apply as provided therein. The state attorney shall appear in the circuit and county courts within his or her judicial circuit for the purpose of prosecuting violations of special laws and county or municipal ordinances punishable by incarceration if the prosecution is ancillary to a state prosecution or if the state attorney has contracted with the county or municipality for reimbursement for services rendered in accordance with s. 27.34(1).
(2) The state attorney, when complying with the discovery obligation pursuant to the applicable rule of procedure, may charge the defendant fees as provided for in s. 119.07(4), not to exceed 15 cents per page for a copy of a noncertified copy of a public record. However, these fees may be deferred if the defendant has been determined to be indigent as provided in s. 27.52.
History.—s. 3, ch. 1661, 1868; RS 1344; GS 1779; RGS 3005; CGL 4739; s. 5, ch. 72-404; s. 7, ch. 90-208; s. 116, ch. 95-147; s. 4, ch. 98-280; s. 6, ch. 2003-402; s. 4, ch. 2004-265; s. 31, ch. 2004-335.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.03 - Duties before grand jury.

27.03 Duties before grand jury.—Whenever required by the grand jury, the state attorney shall attend them for the purpose of examining witnesses in their presence, or of giving legal advice in any matter before them; and he or she shall prepare bills of indictment.
History.—s. 4, ch. 1661, 1868; RS 1345; GS 1780; RGS 3006; CGL 4740; s. 117, ch. 95-147.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.04 - Summoning and examining witnesses for state.

27.04 Summoning and examining witnesses for state.—The state attorney shall have summoned all witnesses required on behalf of the state; and he or she is allowed the process of his or her court to summon witnesses from throughout the state to appear before the state attorney at such convenient places in the state attorney’s judicial circuit and at such convenient times as may be designated in the summons, to testify before him or her as to any violation of the law upon which they may be interrogated, and he or she is empowered to administer oaths to all witnesses summoned to testify by the process of his or her court or who may voluntarily appear before the state attorney to testify as to any violation or violations of the law.
History.—s. 2, ch. 2094, 1877; RS 1346; GS 1781; s. 10, ch. 7838, 1919; RGS 3007; CGL 4741; s. 1, ch. 22634, 1945; s. 1, ch. 57-290; s. 118, ch. 95-147; s. 7, ch. 2003-402; s. 3, ch. 2013-25.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.05 - Assisting Attorney General.

27.05 Assisting Attorney General.—In addition to the duties now imposed upon the several state attorneys of this state, by statute, they shall assist the Attorney General in the preparation and presentation of all appeals to the Supreme Court, from the circuit court of their respective circuits, of all cases, civil or criminal, in which the state is a party.
History.—s. 1, ch. 5399, 1905; RGS 3008; CGL 4742.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.06 - Habeas corpus and preliminary trials.

27.06 Habeas corpus and preliminary trials.—The several state attorneys of this state shall represent the state in all cases of habeas corpus arising in their respective circuits, and shall also represent the state, either in person or by assistant, in cases of preliminary trials of persons charged with capital offenses in all cases where the committing trial court judge shall have given due and timely notice of the time and place of such trial. Notice of the application for the writ of habeas corpus shall be given to the prosecuting officer of the court wherein the statute under attack is being applied, the criminal law proceeding is being maintained, or the conviction has occurred.
History.—s. 3, ch. 5399, 1905; RGS 3010; CGL 4746; s. 4, ch. 29737, 1955; s. 4, ch. 73-334; s. 2, ch. 2004-11.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.08 - State claims; surrender of papers to successor.

27.08 State claims; surrender of papers to successor.—Upon the qualification of the successor of any state attorney, the state attorney going out of office shall deliver to his or her successor a statement of all cases for the collection of money in favor of the state under his or her control and the papers connected with the same, and take his or her receipt for the same, which receipt, when filed with the Department of Financial Services, shall release such state attorney from any further liability to the state upon the claims receipted for; and the state attorney receiving the claims shall be liable in all respects for the same, as provided against state attorneys in s. 17.20.
History.—s. 4, ch. 1413, 1863; RS 1353; GS 1782; RGS 3018; CGL 4754; s. 11, ch. 25035, 1949; ss. 12, 35, ch. 69-106; s. 119, ch. 95-147; s. 79, ch. 2003-261.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.10 - Obligation as to claims; how discharged.

27.10 Obligation as to claims; how discharged.—The charges mentioned in s. 17.20 shall be evidence of indebtedness on the part of any state attorney against whom any charge is made for the full amount of such claim to the state until the same shall be collected and paid into the treasury or sued to insolvency, which fact of insolvency shall be certified by the circuit judge of his or her circuit, unless the state attorney makes it fully appear to the Department of Financial Services that the failure to collect the same did not result from his or her neglect.
History.—s. 2, ch. 1413, 1863; RS 1348; GS 1783; RGS 3013; CGL 4749; s. 11, ch. 25035, 1949; ss. 12, 35, ch. 69-106; s. 120, ch. 95-147; s. 80, ch. 2003-261.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.11 - Report upon claims committed to state attorney.

27.11 Report upon claims committed to state attorney.—The state attorney shall make a report to the Chief Financial Officer on the first Monday in January and July in each and every year of the condition of all claims placed in his or her hands or which the state attorney may have been required to prosecute and collect, whether the same is in suit or in judgment, or collected, and the probable solvency or insolvency of claims not collected, and shall at the same time pay over all moneys which he or she may have collected belonging to the state; and the Chief Financial Officer shall not audit or allow any claim which any state attorney may have against the state for services until he or she makes the report herein required.
History.—s. 3, ch. 1413, 1863; RS 1349; GS 1784; RGS 3014; CGL 4750; s. 121, ch. 95-147; s. 81, ch. 2003-261.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.12 - Power to compromise.

27.12 Power to compromise.—
(1) The state attorney may, with the approval of the Department of Financial Services, compromise and settle all judgments, claims, and demands in favor of the state in his or her circuit against defaulting collectors of revenue, sheriffs and other officers, and the sureties on their bonds, on such terms as the state attorney may deem equitable and proper.
(2) Any such compromise or settlement may be made with any of the sureties of such defaulting officer as to his or her individual liability, and a receipt to such surety shall be a discharge of his or her obligation; but the discharge of one or more of the sureties so compromised and settled with shall not operate as a discharge of the principal or other sureties from the judgment, claim, or demand in favor of the state.
History.—s. 1, ch. 3236, 1881; RS 1351; GS 1786; RGS 3016; CGL 4752; ss. 12, 35, ch. 69-106; s. 122, ch. 95-147; s. 82, ch. 2003-261.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.13 - Completion of compromise.

27.13 Completion of compromise.—The state attorney shall, on agreeing to any compromise or settlement, report the same to the Department of Financial Services for its approval; and, on its approving such compromise or settlement, the state attorney, on a compliance with the terms of such compromise or settlement shall give a receipt to the collector of revenue, sheriff or other officer, or the sureties on their bonds, or to the legal representatives, which receipt shall be a discharge from all judgments, claims or demands of the state against such collector of revenue or other officer, or the sureties on their bonds.
History.—s. 2, ch. 3236, 1881; RS 1352; GS 1787; RGS 3017; CGL 4753; ss. 12, 35, ch. 69-106; s. 83, ch. 2003-261.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.14 - Assigning state attorneys to other circuits.

27.14 Assigning state attorneys to other circuits.—
(1) If any state attorney is disqualified to represent the state in any investigation, case, or matter pending in the courts of his or her circuit or if, for any other good and sufficient reason, the Governor determines that the ends of justice would be best served, the Governor may, by executive order filed with the Department of State, either order an exchange of circuits or of courts between such state attorney and any other state attorney or order an assignment of any state attorney to discharge the duties of the state attorney with respect to one or more specified investigations, cases, or matters, specified in general in the executive order of the Governor. Any exchange or assignment of any state attorney to a particular circuit shall expire 12 months after the date of issuance, unless an extension is approved by order of the Supreme Court upon application of the Governor showing good and sufficient cause to extend such exchange or assignment.
(2) If the statewide prosecutor in charge of the Office of Statewide Prosecution determines that he or she is not qualified to represent the state in any investigation, case, or matter pending in the courts of the state or if a court of competent jurisdiction disqualifies him or her from representing the state, the Governor may, by executive order filed with the Department of State, order an assignment of any state attorney to discharge the duties of such prosecutor with respect to one or more specified investigations, cases, or matters, generally described in the order. The assignment of any state attorney shall expire 12 months after the date of issuance, unless an extension is approved by order of the Supreme Court upon application of the Governor showing good and sufficient cause to extend such assignment.
(3) Whenever a state attorney is exchanged or assigned, he or she may designate one or more of his or her assistant state attorneys and state attorney investigators to perform the duties assigned under the executive order.
History.—s. 2, ch. 5399, 1905; RGS 3009; CGL 4743; s. 1, ch. 69-1736; s. 4, ch. 73-334; s. 1, ch. 74-627; s. 1, ch. 75-193; s. 1, ch. 83-111; s. 2, ch. 85-179; s. 3, ch. 87-224; s. 123, ch. 95-147; s. 1, ch. 96-256.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.15 - State attorneys to assist in other circuits.

27.15 State attorneys to assist in other circuits.—
(1) The Governor of the state may for good and sufficient reasons require any state attorney in the state to proceed to any place in the state and assist the state attorney holding office in the circuit where such place is located in the discharge of any of the duties of such state attorney. Any state attorney in this state who shall be so directed by the Governor to go and assist any other state attorney in the discharge of his or her 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 duties.
(2) When any state attorney is required to go beyond the limits of the circuit in which he or she holds office to comply with this section or on other official business performed at the direction of the Governor, the expenses that would otherwise not have been incurred but for the executive assignment shall be borne by the state and shall be paid from the appropriation provided by the state for the state attorney who is being assisted in the discharge of his or her duties. Other costs attendant to the prosecution of such cases shall be paid by the entity obligated to pay the expense in the absence of an executive assignment.
History.—ss. 1, 2, ch. 8571, 1921; CGL 4744, 4745; s. 24, ch. 57-1; s. 1, ch. 67-324; s. 2, ch. 69-1736; s. 124, ch. 95-147; s. 8, ch. 2003-402.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.151 - Confidentiality of specified executive orders; criteria.

27.151 Confidentiality of specified executive orders; criteria.—
(1) If the Governor provides in an executive order issued pursuant to s. 27.14 or s. 27.15 that the order or a portion thereof is confidential, the order or portion so designated, the application of the Governor to the Supreme Court and all proceedings thereon, and the order of the Supreme Court shall be confidential and exempt from the provisions of s. 119.07(1).
(2) The Governor shall base his or her decision to make an executive order confidential on the criteria set forth in
1
s. 119.14.
(3) To maintain the confidentiality of the executive order, the state attorney, upon entering the circuit of assignment, shall immediately have the executive order sealed by the court prior to filing it with the clerk of the circuit court. The Governor may make public any executive order issued pursuant to s. 27.14 or s. 27.15 by a subsequent executive order, and at the expiration of a confidential executive order or any extensions thereof, the executive order and all associated orders and reports shall be open to the public pursuant to chapter 119 unless the information contained in the executive order is confidential pursuant to the provisions of chapter 39, chapter 415, chapter 984, or chapter 985.
History.—s. 2, ch. 75-193; s. 1, ch. 86-76; s. 7, ch. 90-360; s. 12, ch. 91-57; s. 125, ch. 95-147; s. 5, ch. 95-196; s. 10, ch. 96-406; s. 5, ch. 98-280.
1
Note.—Repealed by s. 1, ch. 95-217.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.16 - Appointment of acting state attorney.

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.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.18 - Assistant to state attorney.

27.18 Assistant to state attorney.—The state attorney, by and with the consent of court, may procure the assistance of any member of the bar when the amount of the state business renders it necessary, either in the grand jury room to advise them upon legal points and framing indictments, or in court to prosecute criminals; but, such assistant shall not be authorized to sign any indictments or administer any oaths, or to perform any other duty except the giving of legal advice, drawing up of indictments, and the prosecuting of criminals in open court. His or her compensation shall be paid by the state attorney and not by the state.
History.—s. 1, ch. 2099, 1877; RS 1355; GS 1791; RGS 3021; CGL 4757; s. 127, ch. 95-147.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.181 - Assistant state attorneys; appointment; powers and duties; compensation.

27.181 Assistant state attorneys; appointment; powers and duties; compensation.—
(1) Each assistant state attorney appointed by a state attorney shall serve during the pleasure of the state attorney appointing him or her. Each such appointment shall be in writing and shall be recorded in the office of the clerk of the circuit court of the county in which the appointing state attorney resides. No such appointee shall perform any of the duties of assistant state attorney until he or she shall have taken and subscribed to a written oath that he or she will faithfully perform the duties of assistant state attorney and shall have caused the oath to be recorded in the office of the clerk of the circuit court of the county in which the appointing state attorney resides. Upon the recordation of such appointment and oath, the appointing state attorney shall promptly cause certified copies thereof to be transmitted to the Secretary of State. When any such appointment shall be revoked, the revocation thereof shall be made in writing and shall be recorded in the office of the clerk of the circuit court of the county in which the appointment is recorded, and the state attorney executing the revocation shall forthwith cause a certified copy thereof to be transmitted to the Secretary of State. If any such appointee dies or resigns, the appointing state attorney shall promptly give written notice of such death or resignation to the Secretary of State.
(2) Each assistant state attorney appointed by a state attorney shall have all of the powers and discharge all of the duties of the state attorney appointing him or her, under the direction of that state attorney. No such assistant state attorney may sign informations unless specifically designated to do so by the state attorney. He or she shall sign indictments, informations, and other official documents, as assistant state attorney, and, when so signed, such indictments, informations, and documents shall have the same force and effect as if signed by the state attorney.
(3) Until otherwise provided by law, each assistant state attorney appointed by a state attorney under the authorization of this section shall receive the allowances for expenses provided by law at the time of appointment, to be paid in accordance with such law. The salary for each assistant state attorney shall be set by the state attorney of the same judicial circuit in an amount not to exceed 100 percent of that state attorney’s salary and shall be paid from funds appropriated for that purpose. However, the assistant state attorneys who serve in less than a full-time capacity shall be compensated for services performed in an amount in proportion to the salary allowed for full-time services.
History.—ss. 1, 2, 3, 4, 6, ch. 67-188; s. 1, ch. 72-326; s. 14, ch. 73-299; s. 1, ch. 80-244; s. 3, ch. 81-230; s. 128, ch. 95-147; s. 9, ch. 95-312; s. 2, ch. 2000-343.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.182 - Salary discrimination based on gender or race; review within the office of state attorney.

27.182 Salary discrimination based on gender or race; review within the office of state attorney.—Each state attorney shall undertake an annual review of compensation policies for the position of assistant state attorney. Within the context of comparable skills, experience, and responsibility, any inequities found to exist on the basis of gender or race shall be eliminated.
History.—s. 7, ch. 91-74.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.25 - State attorney authorized to employ personnel; funding formula.

27.25 State attorney authorized to employ personnel; funding formula.—
(1) The state attorney of each judicial circuit is authorized to employ and establish, in such number as is authorized by the General Appropriations Act, assistant state attorneys and other staff pursuant to s. 29.005. The state attorneys of all judicial circuits shall jointly develop a coordinated classification and pay plan which shall be submitted on or before January 1 of each year to the Justice Administrative Commission, the office of the President of the Senate, and the office of the Speaker of the House of Representatives. Such plan shall be developed in accordance with policies and procedures of the Executive Office of the Governor established pursuant to s. 216.181.
(2) The state attorney of each judicial circuit is authorized to employ an executive director. The salary of the executive director shall be set by the state attorney in accordance with the policies and procedures of the Executive Office of the Governor established pursuant to s. 216.181 and shall not exceed 90 percent of the state attorney’s salary. The duties of the executive director shall be as prescribed by the state attorney.
(3) In any judicial circuit where a court reporter is not available, any stenographer employed by a state attorney is authorized and may be required to perform the services of a court reporter and shall be entitled to receive the per diem and fees provided by law for such services.
(4) All payments for the salary of the state attorney and the necessary expenses of office, including salaries of deputies, assistants, and staff, shall be considered as being for a valid public purpose.
(5) The appropriations for the offices of state attorneys shall be determined by a funding formula based on population and such other factors as may be deemed appropriate in a manner to be determined by this section and the General Appropriations Act.
History.—ss. 1, 2, ch. 17261, 1935; CGL 1936 Supp. 4759(9); s. 1, ch. 18147, 1937; s. 1, ch. 18148, 1937; s. 1, ch. 22188, 1943; s. 1, ch. 22905, 1945; ss. 2, 3, ch. 25243, 1949; s. 1, ch. 29952, 1955; s. 1, ch. 57-301; s. 5, ch. 67-324; s. 4, ch. 69-212; s. 1, ch. 69-257; s. 2, ch. 72-326; s. 1, ch. 73-215; s. 2, ch. 79-344; s. 1, ch. 81-230; s. 1, ch. 87-85; s. 129, ch. 95-147; s. 9, ch. 2003-402.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.251 - Special investigators.

27.251 Special investigators.—The state attorney of each judicial circuit is authorized to employ any municipal or county police officer or sheriff’s deputy as an investigator for the state attorney’s office with full powers of arrest throughout the judicial circuit provided such investigator serves on a special task force to investigate matters involving criminal activity the detection of which might benefit from a special task force and provided further that the salary of such municipal or county police officer or sheriff’s deputy shall be paid by the city, county, or sheriff by which the investigator is principally employed, and with the consent of the county, sheriff, or municipality. The arrest powers granted in this section may be exercised only in the furtherance of the conduct of the business of the special task force to which such municipal or county police officer or sheriff’s deputy is assigned by the state attorney.
History.—ss. 1, 4, ch. 78-227; s. 130, ch. 95-147; s. 6, ch. 95-196; s. 1, ch. 2010-119.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 27 - State Attorneys; Public Defenders; Related Offices › Part II - State Attorneys (Ss. 27.01-27.367) › 27.341 - Electronic filing and receipt of court documents.

27.341 Electronic filing and receipt of court documents.—
(1)(a) Each office of the state attorney shall electronically file court documents with the clerk of the court and receive court documents from the clerk of the court. It is the expectation of the Legislature that the electronic filing and receipt of court documents will reduce costs for the office of the state attorney, the clerk of the court, and the judiciary; will increase timeliness in the processing of cases; and will provide the judiciary and the clerk of the court with case-related information to allow for improved judicial case management.
(b) As used in this section, the term “court documents” includes, but is not limited to, pleadings, motions, briefs, and their respective attachments, orders, judgments, opinions, decrees, and transcripts.
(2) It is further the expectation of the Legislature that each office of the state attorney consult with the office of the public defender for the same circuit served by the office of the state attorney, the office of criminal conflict and civil regional counsel assigned to that circuit, the clerks of court for the circuit, the Florida Court Technology Commission, and any authority that governs the operation of a statewide portal for the electronic filing and receipt of court documents.
History.—s. 1, ch. 2011-208; s. 3, ch. 2018-110; s. 2, ch. 2022-195.