Frequently Asked Questions

Q. What is the purpose of the State Attorney's Office?
A. State attorneys provide legal representation to the people of Florida in criminal cases, including cases in which defendants are:

• under arrest for or charged with a felony;
• under arrest for or charged with a misdemeanor;
• sought by petition to be involuntarily placed as a mentally ill person or a developmentally disabled person, F.S. 394.467;
• subject to the Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predator's Treatment and Care Act, F.S. 775.21.

Q. How are services delivered by the office?
A. Criminal procedure in Florida follows the general pattern of criminal cases in all states. State attorneys act as gatekeepers for the filing of most criminal cases. Law enforcement and other agencies initiate criminal proceedings by filing a criminal complaint with the clerk of court detailing criminal charges against a defendant. The state attorney's office must review those charges for legal and evidentiary sufficiency. Once satisfied of the sufficiency of the charges, the state attorney commences formal legal proceedings in the trial courts against defendants. The cases are prosecuted until they are settled, dismissed, or a jury verdict is obtained. Appeals from trial court proceedings are handled by the Attorney General's Office (Department of Legal Affairs). The state attorney will assist the Attorney General with the appeal.

Q. How many state attorneys are there?
A. There are 20 state attorneys who practice in 20 circuit courts and 67 county courts.

Q. How long is the state attorney's term?
A. State attorneys are elected to a four-year term under provisions of the Florida Constitution.

Q. How are the state attorneys funded?
A. State attorneys receive both state and local funding. Florida law requires counties to provide office space, utilities, telephones, and other support for the operation of the state attorney office in their circuit.
To receive state funds, each state attorney submits a budget request to the Legislature. The funding each state attorney requests is based, in part, on a workload formula weighted to reflect significant differences in the population, geographic size, and crime rate of the 20 circuits. Generally, the budget for each of the 20 state attorneys is approved individually within the General Appropriations Act.