Florida Statute 16.56 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 16
ATTORNEY GENERAL

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F.S. 16.56

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.

F.S. 16.56 on Google Scholar

F.S. 16.56 on Casetext

Amendments to 16.56

Arrestable Offenses / Crimes under Fla. Stat. 16.56

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 16.56.

Annotations, Discussions, Cases:

Cases Citing Statute 16.56

Total Results: 20

The State of Florida v. Robert Lee Wood

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-25T00:00:00-07:00

Snippet: Statewide Prosecution had authority under section 16.56(1)(a) of the Florida Statutes to bring voting fraud

The State of Florida v. Ronald Lee Miller

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: Section 16.56(1)(a) and its two bases authorizing OSP’s authority Section 16.56(1) creates…judicial circuits as part of a related transaction.” § 16.56(1)(a), Fla. Stat. (2020). The trial court agreed…jurisdiction to prosecute the claims under section 16.56(1) because the charged acts occurred solely in Miami-Dade…judicial circuits as part of a related transaction.” § 16.56(1)(a), Fla. Stat. (2020). While we review…provision. The statute includes language in section 16.56(1)(a)(12) that the office may “[i]nvestigate and

State of Florida v. Terry Hubbard

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: 2023 amendments to section 16.56. Second, we apply the amended section 16.56 to the amended information…authority to investigate. See § 16.56, Fla. Stat. In 2022, section 16.56 provided, in part: (1) …prosecute him under the amended section 16.56. The amended section 16.56 allows the OSP to investigate and …lacked authority to prosecute him under section 16.56, Florida Statutes (2022). The circuit court concluded…whether the legislature’s 2023 amendments to section 16.56 apply retroactively. Concluding the amendments

Young Bock Shim v. Frederick F. Buechel, etc.

Court: Fla. | Date Filed: 2022-05-26T00:53:00-07:00

Snippet: entry of money judgments as provided in ss. 56.16-56.19 against any person to whom a Notice to Appear…applicable rules of civil procedure. Sections 56.16-56.20 apply to any order issued under this subsection

JOHN G. MCGREGOR v. FOWLER WHITE BURNETT, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-30T23:53:00-08:00

Snippet: judgments as provided in ss. 56.16-56.19 . . . .” (Emphasis added). Sections 56.16-56.19 outline the process for…or Notice to Appear may proceed under ss. 56.16- 56.20. § 56.29(3)(b), Fla. Stat. (2018) (emphasis…of money judgments as provided in [sections] 56.16-56.19 against any person to whom a Notice to Appear… of money judgments as provided in ss. 56.16-56.19 against any person to whom a Notice to …applicable rules of civil procedure. Sections 56.16-56.20 apply to any order issued under this subsection

Marine Max, Inc., and Seabright Insurance Company v. Charles Blair

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-06T23:53:00-08:00

Snippet: care providers to initiate those proceedings. Ch. 16-56, § 4, at 496, Laws of Fla. So there is no entry

League of Women Voters of Florida v. Detzner

Court: Fla. | Date Filed: 2015-12-02T00:00:00-08:00

Citation: 179 So. 3d 258, 2015 WL 7753054

Snippet: 0.42 District 16 61 272 0.50 0.74 0.26 District 16 56 209 0.62 . . 0.82 0.44 District 17_91__SS3_0.52

Crusaw v. Crusaw

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-24T00:00:00-08:00

Citation: 179 So. 3d 507, 2015 Fla. App. LEXIS 17714, 2015 WL 7444186

Snippet: approximately 9 to 10 acres instead of approximately 16.56 acres from the 198.75 acres subject to the sale.

BIEL REO, LLC v. Barefoot Cottages Development etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-11T00:00:00-08:00

Citation: 156 So. 3d 506

Snippet: aggrieved by the levy may proceed under ss. 56.16-56.20. 2 .Effective July 1, 2014, Section

Thomas v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-17T00:00:00-07:00

Citation: 125 So. 3d 874, 2013 WL 1629193, 2013 Fla. App. LEXIS 6077

Snippet: Carbajal v. State, 75 So.3d 258, 261-62 (Fla.2011); § 16.56(1)(a), Fla. Stat. (2008). Second, the record contains

State v. Cisneros

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-01T00:00:00-08:00

Citation: 106 So. 3d 42, 2013 Fla. App. LEXIS 1544, 2013 WL 376058

Snippet: of the Statewide Prosecutor pursuant to section 16.56, Florida Statutes (2006-2007). The State argues

Scott v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-02T00:00:00-07:00

Citation: 102 So. 3d 676, 2012 WL 5932998, 2012 Fla. App. LEXIS 19084

Snippet: article IV of the Florida Constitution and section 16.56, Florida Statutes. The OSP will have concurrent …conspiracy affecting two or more judicial circuits.” § 16.56(l)(a)15., Fla. Stat. (2011). This statute also requires…the exercise of the OSP’s authority under section 16.56(l)(a)”; and 3) “The OSP satisfied its burden under

State v. Tacher

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-28T00:00:00-07:00

Citation: 84 So. 3d 1131, 2012 WL 1020019, 2012 Fla. App. LEXIS 4774

Snippet: the OSP lacked jurisdiction.2 Pursuant to section 16.56(l)(a), Florida Statutes (2009), the OSP has the … OSP failed to meet the requirements of section 16.56(l)(a) because all of the events comprising the crimes…executed by the Olmedos, contending that section 16.56(l)(a)’s requirements were met because Bryant Olmedo….2d 237, 238 (Fla. 4th DCA 2005). Under section 16.56, the OSP has the authority to “investigate and prose…prose*1133cute” an offense enumerated in subsection 16.56(l)(a) “only when any such offense is occurring,

McCray v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-02T00:00:00-08:00

Citation: 75 So. 3d 403, 2011 Fla. App. LEXIS 19187, 2011 WL 6003298

Snippet: judicial circuits. See Art. IV, § 4(b), Fla. Const.; § 16.56(1)(a), Fla. Stat. (2009). McCray argues that the

Carbajal v. State

Court: Fla. | Date Filed: 2011-11-03T00:00:00-07:00

Citation: 75 So. 3d 258, 36 Fla. L. Weekly Supp. 628, 2011 Fla. LEXIS 2638, 2011 WL 5216915

Snippet: section 16.56, Florida Statutes. At the time Carbajal was charged by information, section 16.56(l)(a),

State v. Valera

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-02T00:00:00-07:00

Citation: 75 So. 3d 330, 2011 Fla. App. LEXIS 17366

Snippet: section 4(b) of the Florida Constitution and section 16.56, Florida Statutes, while the latter’s authority

Small v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-02-02T00:00:00-08:00

Citation: 56 So. 3d 52, 2011 Fla. App. LEXIS 1040, 2011 WL 309571

Snippet: Although in 2009 the Legislature amended section 16.56(l)(a), Florida Statutes, to require that the information

Browning v. Florida Hometown Democracy, Inc.

Court: Fla. | Date Filed: 2010-02-18T00:00:00-08:00

Citation: 29 So. 3d 1053, 35 Fla. L. Weekly Supp. 120, 2010 Fla. LEXIS 217, 2010 WL 546768

Snippet: to prosecution and enforcement efforts: section 16.56(l)(a)12., Florida Statutes (2007), vests the Office

Luger v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-05-07T00:53:00-07:00

Citation: 983 So. 2d 49

Snippet: affects two or more circuits. See also section 16.56(1)(a), Florida Statutes. In Zanger v. State, 548

Spaulding v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-26T00:53:00-07:00

Citation: 965 So. 2d 350

Snippet: 4(c), Fla. Const. (emphasis added); see also § 16.56(1)(a)3, Fla. Stat. (2000) (setting out the authority