Senate Bill sb2040

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2040

    By Senator Smith





    14-1534-03                                              See HB

  1                      A bill to be entitled

  2         An act relating to state attorneys; amending s.

  3         27.25, F.S.; authorizing state attorneys to

  4         employ process servers; providing for the power

  5         of such process servers; amending s. 27.251,

  6         F.S.; providing for special criminal task force

  7         investigators employed by state attorneys;

  8         providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 27.25, Florida Statutes, is amended

13  to read:

14         27.25  State attorney authorized to employ personnel;

15  funding formula.--

16         (1)  The state attorney of each judicial circuit is

17  authorized to employ and establish, in such number as he or

18  she shall determine, assistant state attorneys, investigators,

19  and clerical, secretarial, and other personnel, who shall be

20  paid from funds appropriated for that purpose. The state

21  attorneys of all judicial circuits shall jointly develop a

22  coordinated classification and pay plan which shall be

23  submitted on or before January 1 of each year to the Justice

24  Administrative Commission, the office of the President of the

25  Senate, and the office of the Speaker of the House of

26  Representatives. Such plan shall be developed in accordance

27  with policies and procedures of the Executive Office of the

28  Governor established pursuant to s. 216.181.

29         (2)  The state attorney of each judicial circuit is

30  authorized to employ an executive director. The salary of the

31  executive director shall be set by the state attorney in

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2040
    14-1534-03                                              See HB




 1  accordance with the policies and procedures of the Executive

 2  Office of the Governor established pursuant to s. 216.181 and

 3  shall not exceed 90 percent of the state attorney's salary.

 4  The duties of the executive director shall be as prescribed by

 5  the state attorney.

 6         (3)  In any judicial circuit where a court reporter is

 7  not available, any stenographer employed by a state attorney

 8  is authorized and may be required to perform the services of a

 9  court reporter and shall be entitled to receive the per diem

10  and fees provided by law for such services.

11         (4)  The state attorney of each judicial circuit is

12  authorized to employ process servers. Such process servers may

13  serve, anywhere in the state, a witness subpoena issued by any

14  court or judge within the state or issued in connection with a

15  criminal investigation that arises anywhere within the state,

16  provided that prior notice is given to the sheriff in whose

17  county service will be attempted; however, failure to provide

18  this notice to the sheriff does not affect the validity of the

19  service. Process servers employed by a state attorney shall be

20  exempt from the provisions of s. 48.021(2).

21         (5)(4)  All payments for the salary of the state

22  attorney and the necessary expenses of office, including

23  salaries of deputies, assistants, and staff, shall be

24  considered as being for a valid public purpose.

25         (6)(5)  The appropriations for the offices of state

26  attorneys shall be determined by a funding formula based on

27  population and such other factors as may be deemed appropriate

28  in a manner to be determined by this subsection and any

29  subsequent appropriations act.

30         Section 2.  Section 27.251, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2003                                  SB 2040
    14-1534-03                                              See HB




 1         27.251  Special criminal task force organized crime

 2  investigators.--The state attorney of each judicial circuit is

 3  authorized to employ any municipal or county police officer or

 4  sheriff's deputy on a full-time basis as an investigator for

 5  the state attorney's office with full powers of arrest

 6  throughout the judicial circuit, provided such investigator

 7  serves on a special task force to investigate any criminal

 8  activity matters involving organized crime, and, provided

 9  further, that the salary of such municipal or county police

10  officer or sheriff's deputy shall be paid by the city, county,

11  or sheriff by which the investigator is principally employed,

12  and with the consent of the county, sheriff, or municipality.

13  The arrest powers granted herein shall be exercised only in

14  the furtherance of the conduct of the business of the special

15  task force to which such municipal or county police officer or

16  sheriff's deputy is assigned by the said state attorney.

17         Section 3.  This act shall take effect upon becoming a

18  law.

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CODING: Words stricken are deletions; words underlined are additions.