(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.
Structure Florida Statutes
Chapter 27 - State Attorneys; Public Defenders; Related Offices
Part II - State Attorneys (Ss. 27.01-27.367)
27.01 - State attorneys; number, election, terms.
27.015 - Private practice prohibited.
27.03 - Duties before grand jury.
27.04 - Summoning and examining witnesses for state.
27.05 - Assisting Attorney General.
27.06 - Habeas corpus and preliminary trials.
27.08 - State claims; surrender of papers to successor.
27.10 - Obligation as to claims; how discharged.
27.11 - Report upon claims committed to state attorney.
27.13 - Completion of compromise.
27.14 - Assigning state attorneys to other circuits.
27.15 - State attorneys to assist in other circuits.
27.151 - Confidentiality of specified executive orders; criteria.
27.16 - Appointment of acting state attorney.
27.18 - Assistant to state attorney.
27.181 - Assistant state attorneys; appointment; powers and duties; compensation.
27.182 - Salary discrimination based on gender or race; review within the office of state attorney.
27.25 - State attorney authorized to employ personnel; funding formula.
27.251 - Special investigators.
27.255 - Investigators; authority to arrest, qualifications, rights, immunities, bond, and oath.
27.341 - Electronic filing and receipt of court documents.
27.345 - State Attorney RICO Trust Fund; authorized use of funds; reporting.
27.3451 - State Attorney’s Forfeiture and Investigative Support Trust Fund.
27.35 - Salaries of state attorneys.
27.366 - Legislative intent and policy in cases meeting criteria of s. 775.087(2) and (3).