• Arrest of An Offender. A state attorney must review every arrest for violations of state law that occurs in his respective circuit.  State attorneys rely on law enforcement to prepare arrest reports, victim affidavits, and witness statements; and to secure the evidence needed to prove each and every element of the offenses charged. Once the State Attorney has reviewed all supporting documents and sworn testimony, a decision is made to either file charges, decline to file any charges, file a change of charge, present the case to the Grand Jury or require additional investigation. 
• Executive Assignments. A state attorney receives assignments to investigate and prosecute cases outside the circuit when the governor's office orders an assignment. This occurs when another circuit has a conflict and requests the Governor to re-assign the prosecution. 
• Grand Jury Investigations. The function of the grand jury in criminal matters is to investigate and determine whether there is sufficient evidence to justify an indictment against an accused. The grand jury must ascertain whether there is probable cause that a crime has been committed by the person so accused. If it determines that the evidence is sufficient to constitute probable cause, the grand jury issues an indictment on which the accused will be put on trial.
• Non-Arrest Walk-In Complaints. State attorneys receive complaints and reports of criminal activity from various sources, including law enforcement and the general public. Each one of these complaints must be investigated to determine whether a crime has occurred and who has committed the crime. These investigations take place prior to the arrest of the accused. The investigation may include substantial witness statements, search warrants, subpoenas, and more. When the state attorney's office has completed its investigation, a decision is made to either file charges or decline to file any charges. If charges are filed, an arrest warrant or issue summons must be prepared to bring the accused into custody.
• State Attorney-Initiated Investigations. A state attorney may initiate an investigation if there is reason to believe a crime has occurred and an investigation is warranted. 

In Fiscal Year 2021-22, state attorneys filed 151,789 felony cases, 361,437 misdemeanor cases, and 20,839 juvenile cases.

Pay Increases and Other Appropriations. In the 2023 General Appropriations Act (Ch. 2023-239, Laws of Florida),the Legislature allocated $24.8 million to provide pay increases of up to 10% to recruit and retain assistant state attorneys, assistant public defenders, and conflict counsel attorneys. In addition, they allocated $2.8 million to replace motor vehicles for state attorneys and public defenders and $2.4 million for 24 additional state attorney positions.

Protection of Specified Personnel. The 2023 Legislature enacted Ch. 2023-194, Laws of Florida, to create a new first degree misdemeanor offense to prohibit a person from knowingly and willfully harassing a law enforcement officer, a state attorney, an assistant state attorney, a firefighter, a judge, a justice, a judicial assistant, a clerk of court, clerk personnel, or an elected official, with the intent to intimidate or coerce such a person to perform or refrain from performing a lawful duty.

Visiting County and Municipal Detention Facilities. The 2023 Legislature enacted Ch. 2023-232, Laws of Florida, to authorize the following individuals who are elected or appointed to serve the county or municipality in which the county or municipal detention facility is located, to visit such detention facilities at their pleasure.

• Members of the governing body of the county or municipality
• Members of the Legislature
• State court judges
• The state attorney
• The public defender
• The regional counsel

Other Reports
The Auditor General reports on state attorney's operations are available on its website.

Websites of Interest
Florida Prosecuting Attorneys Association
Florida State Courts
U.S. Department of Justice

Performance Information

Garett Berman, Executive Director, Florida Prosecuting Attorneys Association, Inc., 850-922-0467
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