Florida Statutes

Fla. Stat. § 16.56 (2025)

Office of Statewide Prosecution.

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16.56 Office of Statewide Prosecution.—

(1) There is created in the Department of Legal Affairs an Office of Statewide Prosecution. The office shall be a separate “budget entity” as that term is defined in chapter 216. The office may:

(a) Investigate and prosecute the offenses of:

1. Bribery, burglary, criminal usury, extortion, gambling, kidnapping, larceny, murder, prostitution, perjury, robbery, carjacking, home-invasion robbery, and patient brokering;

2. Any crime involving narcotic or other dangerous drugs;

3. Any violation of the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, including any offense listed in the definition of racketeering activity in s. 895.02(8)(a), providing such listed offense is investigated in connection with a violation of s. 895.03 and is charged in a separate count of an information or indictment containing a count charging a violation of s. 895.03, the prosecution of which listed offense may continue independently if the prosecution of the violation of s. 895.03 is terminated for any reason;

4. Any violation of the Florida Anti-Fencing Act;

5. Any violation of the Florida Antitrust Act of 1980, as amended;

6. Any crime involving, or resulting in, fraud or deceit upon any person;

7. Any violation of s. 847.0135, relating to computer pornography and child exploitation prevention, or any offense related to a violation of s. 847.0135 or any violation of chapter 827 where the crime is facilitated by or connected to the use of the Internet or any device capable of electronic data storage or transmission;

8. Any violation of chapter 815;

9. Any violation of chapter 825;

10. Any criminal violation of part I of chapter 499;

11. Any violation of the Florida Motor Fuel Tax Relief Act of 2004;

12. Any criminal violation of s. 409.920 or s. 409.9201;

13. Any criminal violation of the Florida Money Laundering Act;

14. Any criminal violation of the Florida Securities and Investor Protection Act;

15. Any violation of chapter 787, as well as any and all offenses related to a violation of chapter 787; or

16. Any criminal violation of chapter 24, part II of chapter 285, chapter 546, chapter 550, chapter 551, or chapter 849;

or any attempt, solicitation, or conspiracy to commit any of the crimes specifically enumerated above. The office shall have such power only when any such offense is occurring, or has occurred, in two or more judicial circuits as part of a related transaction, or when any such offense is connected with an organized criminal conspiracy affecting two or more judicial circuits. Informations or indictments charging such offenses shall contain general allegations stating the judicial circuits and counties in which crimes are alleged to have occurred or the judicial circuits and counties in which crimes affecting such circuits or counties are alleged to have been connected with an organized criminal conspiracy.

(b) Investigate and prosecute any crime enumerated in paragraphs (a) and (c) facilitated by or connected to the use of the Internet. Any such crime is a crime occurring in every judicial circuit within the state.

1. Voting in an election in which a candidate for a federal or state office is on the ballot;

2. Voting in an election in which a referendum, an initiative, or an issue is on the ballot;

3. The petition activities of a candidate for a federal or state office;

4. The petition activities for a referendum, an initiative, or an issue; or

5. Voter registration;

or any attempt, solicitation, or conspiracy to commit any of the crimes specifically enumerated above. The office shall have such power only when any such offense is occurring, or has occurred, in two or more judicial circuits as part of a related transaction, or when any such offense is affecting, or has affected, two or more judicial circuits. Informations or indictments charging such offenses must contain general allegations stating the judicial circuits and counties in which crimes are alleged to have occurred or the judicial circuits and counties alleged to have been affected by such crimes.

(d) Upon request, cooperate with and assist state attorneys and state and local law enforcement officials in their efforts against organized crime.

(e) Request and receive from any department, division, board, bureau, commission, or other agency of the state, or of any political subdivision thereof, cooperation and assistance in the performance of its duties.

(2) The Attorney General shall appoint a statewide prosecutor from not less than three persons nominated by the judicial nominating commission for the Supreme Court. The statewide prosecutor shall be in charge of the Office of Statewide Prosecution for a term of 4 years to run concurrently with the term of the appointing official. The statewide prosecutor shall be an elector of the state, shall have been a member of The Florida Bar for the preceding 5 years, and shall devote full time to the duties of statewide prosecutor and not engage in the private practice of law. The Attorney General may remove the statewide prosecutor prior to the end of his or her term. A vacancy in the position of statewide prosecutor shall be filled within 60 days. During the period of any vacancy, the Attorney General shall exercise all the powers and perform all the duties of the statewide prosecutor. A person appointed statewide prosecutor is prohibited from running for or accepting appointment to any state office for a period of 2 years following vacation of office. The statewide prosecutor shall on March 1 of each year report in writing to the Governor and the Attorney General on the activities of the office for the preceding year and on the goals and objectives for the next year.

(3) The statewide prosecutor may conduct hearings at any place in the state; summon and examine witnesses; require the production of physical evidence; sign informations, indictments, and other official documents; confer immunity; move the court to reduce the sentence of a person convicted of drug trafficking who provides substantial assistance; attend to and serve as the legal adviser to the statewide grand jury; and exercise such other powers as by law are granted to state attorneys. The statewide prosecutor may designate one or more assistants to exercise any such powers.

(4) It is the intent of the Legislature that in carrying out the duties of this office, the statewide prosecutor shall, whenever feasible, use sworn investigators employed by the Department of Law Enforcement, and may request the assistance, where appropriate, of sworn investigators employed by other law enforcement agencies.

History.—ss. 1, 9, ch. 85-179; s. 1, ch. 90-12; s. 1, ch. 92-108; s. 4, ch. 93-212; s. 51, ch. 95-147; s. 5, ch. 95-427; s. 8, ch. 96-252; s. 6, ch. 96-260; s. 69, ch. 96-388; s. 3, ch. 97-78; s. 12, ch. 2001-54; s. 30, ch. 2003-155; s. 8, ch. 2004-73; s. 1, ch. 2004-344; s. 6, ch. 2004-391; s. 9, ch. 2005-209; s. 73, ch. 2005-277; s. 2, ch. 2007-143; s. 1, ch. 2009-242; s. 1, ch. 2012-97; s. 7, ch. 2013-2; s. 1, ch. 2015-92; s. 5, ch. 2016-84; s. 50, ch. 2016-105; s. 1, ch. 2017-173; s. 1, ch. 2021-221; ss. 1, 16, ch. 2021-269; s. 1, ch. 2023-2; s. 1, ch. 2024-2.

Notes of Decisions

Cited in 32 cases (10 in the last 5 years), 1989–2026 · leading case: Carbajal v. State, 75 So. 3d 258 (Fla. 2011).

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Carbajal v. State, 75 So. 3d 258 (Fla. 2011). · cites it 4× “The role of the OSP is further defined by section 16.56, Florida Statutes. At the time Carbajal was charged by information, section 16.”

Winter v. State, 781 So. 2d 1111 (Fla. 1st DCA 2001). · cites it 8× “; § 16.56(1)(a), Fla. Stat. (1999); Zanger v.”

State v. Tacher, 84 So. 3d 1131 (Fla. 3d DCA 2012). · cites it 13× “Under section 16.56, the OSP has the authority to “investigate and prose *1133 cute” an offense enumerated in subsection 16.”

Grant v. State, 832 So. 2d 770 (Fla. 5th DCA 2002). · cites it 8× “" § 16.56(3), Fla. Stat. (2001) (Emphasis added).”

State v. Nuckolls, 606 So. 2d 1205 (Fla. 5th DCA 1992). · cites it 10× “[7] § 16.56, Fla. Stat. (1991). [8] The term "criminal fraud" is also found in section 905.”

King v. State, 790 So. 2d 477 (Fla. 5th DCA 2001). · cites it 4× “The general law established by section 16.56, Florida Statutes, confers jurisdiction (insofar as this case is concerned) "when any such offense is occurring, or has occurred, in two or more judicial circuits as a part of a related transaction.”

Cook v. State, 921 So. 2d 631 (Fla. 2d DCA 2005). · cites it 2× “…[10] In limited circumstances crimes may be prosecuted by the statewide prosecutor. See art. IV, § 4(b), Fla. Const.; § 16.56, Fla. Stat. (2004).”

Snyder v. State, 715 So. 2d 367 (Fla. 5th DCA 1998). · cites it 7× “…Snyder's offense is not "connected with an organized criminal conspiracy" affecting two or more judicial circuits. § 16.56(1)(a), Fla. Stat. (1995).”

State v. Valera, 75 So. 3d 330 (Fla. 4th DCA 2011). · cites it 2× “The former derives its authority from article IV, section 4(b) of the Florida Constitution and section 16.56, Florida Statutes, while the latter’s authority is derived from article V, section 17 of the Florida Con *332 stitution and section 27.”

Browning v. Florida Hometown Democracy, Inc., 29 So. 3d 1053 (Fla. 2010). · cites it 2× “With regard to prosecution and enforcement efforts: section 16.56(1)(a)12., Florida Statutes (2007), vests the Office of Statewide Prosecution with concurrent jurisdiction to investigate and prosecute any criminal offense "involving .”

Zanger v. State, 548 So. 2d 746 (Fla. 4th DCA 1989). · cites it 2× “*747 Section 16.56(1)(a), Florida Statutes (1987), further explains that the office of statewide prosecutor may: Investigate and prosecute the offenses of bribery, burglary, criminal fraud, criminal usury, extortion, gambling, kidnapping, larceny, murder, prostitution, perjury,…”

Luger v. State, 983 So. 2d 49 (Fla. 4th DCA 2008). · cites it 2× “See also section 16.56(1)(a), Florida Statutes. In Zanger v.”

Show all 32 citing cases →

— 16.56(1) — 4 cases

State v. Tacher, 84 So. 3d 1131 (Fla. 3d DCA 2012). “Under section 16.56, the OSP has the authority to “investigate and prose *1133 cute” an offense enumerated in subsection 16.”

State of Florida v. Peter Washington, Jr. (Fla. 6th DCA 2025).

The State of Florida v. Ronald Lee Miller (Fla. 3d DCA 2024).

— 16.56(1)(a) — 16 cases

Winter v. State, 781 So. 2d 1111 (Fla. 1st DCA 2001). “; § 16.56(1)(a), Fla. Stat. (1999); Zanger v.”

Snyder v. State, 715 So. 2d 367 (Fla. 5th DCA 1998). “…Snyder's offense is not "connected with an organized criminal conspiracy" affecting two or more judicial circuits. § 16.56(1)(a), Fla. Stat. (1995).”

Zanger v. State, 548 So. 2d 746 (Fla. 4th DCA 1989). “*747 Section 16.56(1)(a), Florida Statutes (1987), further explains that the office of statewide prosecutor may: Investigate and prosecute the offenses of bribery, burglary, criminal fraud, criminal usury, extortion, gambling, kidnapping, larceny, murder, prostitution, perjury,…”

State v. Nuckolls, 606 So. 2d 1205 (Fla. 5th DCA 1992). “[7] § 16.56, Fla. Stat. (1991). [8] The term "criminal fraud" is also found in section 905.”

Luger v. State, 983 So. 2d 49 (Fla. 4th DCA 2008). “See also section 16.56(1)(a), Florida Statutes. In Zanger v.”

— 16.56(1)(b) — 4 cases

Wyche v. Sec'y, Dep't of Corr. (Pinellas Cnty.) (M.D. Fla. 2023).

State of Florida v. Peter Washington, Jr. (Fla. 6th DCA 2025).

State of Florida v. Anthony Hunter (Fla. 4th DCA 2026).

— 16.56(1)(c) — 4 cases

State of Florida v. Peter Washington, Jr. (Fla. 6th DCA 2025).

State of Florida v. Terry Hubbard (Fla. 4th DCA 2024).

Hart v. State of Florida (Fla. 2d DCA 2025).

— 16.56(3) — 3 cases

Grant v. State, 832 So. 2d 770 (Fla. 5th DCA 2002). “" § 16.56(3), Fla. Stat. (2001) (Emphasis added).”

State of Florida v. Peter Washington, Jr. (Fla. 6th DCA 2025).

— 16.56(l)(a) — 7 cases

State v. Tacher, 84 So. 3d 1131 (Fla. 3d DCA 2012). “Under section 16.56, the OSP has the authority to “investigate and prose *1133 cute” an offense enumerated in subsection 16.”

Carbajal v. State, 75 So. 3d 258 (Fla. 2011). “The role of the OSP is further defined by section 16.56, Florida Statutes. At the time Carbajal was charged by information, section 16.”

Browning v. Florida Hometown Democracy, Inc., 29 So. 3d 1053 (Fla. 2010). “With regard to prosecution and enforcement efforts: section 16.56(1)(a)12., Florida Statutes (2007), vests the Office of Statewide Prosecution with concurrent jurisdiction to investigate and prosecute any criminal offense "involving .”

Small v. State, 56 So. 3d 52 (Fla. 4th DCA 2011).

Scott v. State, 102 So. 3d 676 (Fla. 5th DCA 2012).

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