|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 16.5616.56 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; 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. (c) Investigate and prosecute any crime involving: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.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 16.56
Total Results: 31
760 F.2d 1158, 1985 U.S. App. LEXIS 29999, 24 Educ. L. Rep. 739
Court of Appeals for the Eleventh Circuit | Filed: May 20, 1985 | Docket: 561648
Cited 69 times | Published
appropriations from, the state legislature. Section 16-56-10,
Code of Alabama
(1975). The Alabama
921 So. 2d 631, 2005 WL 2242710
District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 1662918
Cited 23 times | Published
prosecutor. See art. IV, § 4(b), Fla. Const.; § 16.56, Fla. Stat. (2004).
75 So. 3d 258, 36 Fla. L. Weekly Supp. 628, 2011 Fla. LEXIS 2638, 2011 WL 5216915
Supreme Court of Florida | Filed: Nov 3, 2011 | Docket: 60303675
Cited 22 times | Published
The role of the OSP is further defined by section 16.56, Florida Statutes. At the time Carbajal was
75 So. 3d 330, 2011 Fla. App. LEXIS 17366, 36 Fla. L. Weekly Fed. D 2390
District Court of Appeal of Florida | Filed: Nov 2, 2011 | Docket: 60303690
Cited 10 times | Published
section 4(b) of the Florida Constitution and section 16.56, Florida Statutes, while the latter’s authority
781 So. 2d 1111, 2001 WL 20815
District Court of Appeal of Florida | Filed: Mar 27, 2001 | Docket: 1292918
Cited 9 times | Published
Florida Statutes. See Art. IV, § 4(c), Fla. Const.; § 16.56(1)(a), Fla. Stat. (1999); Zanger v. State, 548
29 So. 3d 1053, 35 Fla. L. Weekly Supp. 120, 2010 Fla. LEXIS 217, 2010 WL 546768
Supreme Court of Florida | Filed: Feb 18, 2010 | Docket: 1185383
Cited 8 times | Published
regard to prosecution and enforcement efforts: section 16.56(l)(a)12., Florida Statutes (2007), vests the
548 So. 2d 746, 1989 WL 99682
District Court of Appeal of Florida | Filed: Aug 30, 1989 | Docket: 1699157
Cited 7 times | Published
judicial circuits as provided by general law.
*747 Section 16.56(1)(a), Florida Statutes (1987), further explains
84 So. 3d 1131, 2012 WL 1020019, 2012 Fla. App. LEXIS 4774
District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 60306600
Cited 6 times | Published
that the OSP lacked jurisdiction.2 Pursuant to section 16.56(l)(a), Florida Statutes (2009), the OSP has
677 So. 2d 12, 1996 WL 324661
District Court of Appeal of Florida | Filed: Jun 14, 1996 | Docket: 1690141
Cited 4 times | Published
or more judicial circuits. See Art. IV, § 4(c); § 16.56(1)(a) Fla. Stat. (Supp.1992). The state alleged
832 So. 2d 770, 2002 WL 464697
District Court of Appeal of Florida | Filed: Mar 28, 2002 | Docket: 1336056
Cited 3 times | Published
argues that the trial court correctly found that section 16.56(3), Florida Statutes (2001), confers the powers
790 So. 2d 477, 2001 WL 627444
District Court of Appeal of Florida | Filed: Jul 27, 2001 | Docket: 1734362
Cited 3 times | Published
sec. 4(c). The general law established by section 16.56, Florida Statutes, confers jurisdiction (insofar
606 So. 2d 1205, 1992 WL 235339
District Court of Appeal of Florida | Filed: Sep 25, 1992 | Docket: 129230
Cited 3 times | Published
within the category of "criminal fraud" which section 16.56, Florida Statutes (1991) specifically authorizes
983 So. 2d 49, 2008 WL 1958618
District Court of Appeal of Florida | Filed: May 7, 2008 | Docket: 1756416
Cited 2 times | Published
offense affects two or more circuits. See also section 16.56(1)(a), Florida Statutes.
In Zanger v. State
715 So. 2d 367, 1998 WL 472651
District Court of Appeal of Florida | Filed: Aug 14, 1998 | Docket: 1365962
Cited 2 times | Published
1996)(statewide prosecutor tracked the language of section 16.56(1)(a) and such language fulfilled the jurisdictional
125 So. 3d 874, 2013 WL 1629193, 2013 Fla. App. LEXIS 6077
District Court of Appeal of Florida | Filed: Apr 17, 2013 | Docket: 60236103
Cited 1 times | Published
Carbajal v. State, 75 So.3d 258, 261-62 (Fla.2011); § 16.56(1)(a), Fla. Stat. (2008).
Second, the record contains
965 So. 2d 350, 32 Fla. L. Weekly Fed. D 2332
District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 446737
Cited 1 times | Published
§ 4(c), Fla. Const. (emphasis added); see also § 16.56(1)(a)3, Fla. Stat. (2000) (setting out the authority
District Court of Appeal of Florida | Filed: Feb 21, 2025 | Docket: 69660853
Published
IV, section 4 of the Florida Constitution or section 16.56 of the
Florida Statutes (2022).
Two of
District Court of Appeal of Florida | Filed: Feb 21, 2025 | Docket: 69660853
Published
IV, section 4 of the Florida Constitution or section 16.56 of the
Florida Statutes (2022).
Two of
District Court of Appeal of Florida | Filed: Sep 25, 2024 | Docket: 69193186
Published
Statewide Prosecution had authority
under section 16.56(1)(a) of the Florida Statutes to bring voting
District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68950379
Published
OSP lacked authority to prosecute him under section 16.56,
Florida Statutes (2022). The circuit court
District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68950661
Published
judicial circuits as part of a related transaction.” § 16.56(1)(a), Fla. Stat.
(2020). The trial court agreed
Court of Appeals for the Eleventh Circuit | Filed: Aug 12, 2021 | Docket: 60149361
Published
plaintiffs point, for instance, to Fla. Stat.
§ 16.56(1)(a), which allows the Statewide Prosecutor, whom
106 So. 3d 42, 2013 Fla. App. LEXIS 1544, 2013 WL 376058
District Court of Appeal of Florida | Filed: Feb 1, 2013 | Docket: 60228198
Published
Office of the Statewide Prosecutor pursuant to section 16.56, Florida Statutes (2006-2007). The State argues
102 So. 3d 676, 2012 WL 5932998, 2012 Fla. App. LEXIS 19084
District Court of Appeal of Florida | Filed: Nov 2, 2012 | Docket: 60226745
Published
article IV of the Florida Constitution and section 16.56, Florida Statutes. The OSP will have concurrent
75 So. 3d 403, 2011 Fla. App. LEXIS 19187, 2011 WL 6003298
District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 2581495
Published
judicial circuits. See Art. IV, § 4(b), Fla. Const.; § 16.56(1)(a), Fla. Stat. (2009).
McCray argues that the
56 So. 3d 52, 2011 Fla. App. LEXIS 1040, 2011 WL 309571
District Court of Appeal of Florida | Filed: Feb 2, 2011 | Docket: 60298598
Published
allegation). Although in 2009 the Legislature amended section 16.56(l)(a), Florida Statutes, to require that the
852 So. 2d 322, 2003 Fla. App. LEXIS 11714, 2003 WL 21750273
District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 64824364
Published
section 4(b) of the Florida Constitution and section 16.56(l)(a), Florida Statutes, which give the statewide
754 So. 2d 115, 2000 Fla. App. LEXIS 2793, 2000 WL 276422
District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 64796140
Published
of the amendment' and the enabling statute, see § 16.56, Fla. Stat., was that costs of prosecution would
Florida Attorney General Reports | Filed: Oct 31, 1990 | Docket: 3256639
Published
as otherwise provided by general law. (e.s.)
Section 16.56, F.S., provides for the creation of the Office
Florida Attorney General Reports | Filed: Oct 31, 1990 | Docket: 3256639
Published
as otherwise provided by general law. (e.s.)
Section 16.56, F.S., provides for the creation of the Office
Florida Attorney General Reports | Filed: Jun 20, 1990 | Docket: 3258298
Published
011(3)(b), F.S.
8 Section 119.011(4), F.S.
9 Section 16.56(3), F.S.
10 See, State ex rel. Druissi v. Almand
