The Florida Senate

¹27.02  Duties before court.--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.

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.

¹Note.--Section 6, ch. 2003-402, amended s. 27.02, effective July 1, 2004, to read:

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 not appear in the circuit and county courts within his or her judicial circuit for the purpose of prosecuting violations of special laws, unless expressly authorized, or violations of county or municipal ordinances, unless ancillary to a state prosecution and authorized by the prosecuting attorney of the county.

(2)  The state attorney shall provide to the defendant all discovery materials required pursuant to the applicable rule of procedure and may charge fees as provided for in s. 119.07(1)(a), 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