(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.
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).