CopyCited 69 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 29999, 24 Educ. L. Rep. 739
appropriations from, the state legislature. Section 16-56-10, Code of Alabama (1975). The Alabama
CopyCited 23 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2242710
...case. [9] The authority of the Education Practices Commission is currently set forth in section
1012.795, Florida Statutes (2004). [10] In limited circumstances crimes may be prosecuted by the statewide prosecutor. See art. IV, § 4(b), Fla. Const.; §
16.56, Fla....
CopyCited 22 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 628, 2011 Fla. LEXIS 2638, 2011 WL 5216915
The role of the OSP is further defined by section
16.56, Florida Statutes. At the time Carbajal was
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 17366, 36 Fla. L. Weekly Fed. D 2390
section 4(b) of the Florida Constitution and section
16.56, Florida Statutes, while the latter’s authority
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2001 WL 20815
...Moreover, lack of jurisdiction cannot be cured by consent, nor may it be waived by the defendant. See State v. Schafer,
583 So.2d 374 (Fla. 4th DCA 1991). The Office of the Statewide Prosecutor is a creature of the Florida Constitution and of specific Florida Statutes. See Art. IV, § 4(c), Fla. Const.; §
16.56(1)(a), Fla....
...rring or having 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 as provided by general law." Art. IV, § 4(c), Fla. Const. Additionally, section 16.56(1)(a), Florida Statutes (1999), provides that the OSP "may ......
...Without dispute, the crimes charged in the information took place only in the Second Judicial Circuit. Therefore, the trigger for OSP authority would exist only if the crimes committed were "connected with an organized criminal conspiracy affecting two or more judicial circuits." § 16.56(1)(a), Fla.Stat....
...The legislative grant of OSP authority applies "only" when an offense enumerated in the statute has occurred in two or more judicial circuits as part of a related transaction or, as is relevant here, when "connected with an organized criminal conspiracy affecting two or more judicial circuits." § 16.56(1)(a), Fla.Stat....
CopyCited 8 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 120, 2010 Fla. LEXIS 217, 2010 WL 546768
...wingly making "a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty" is a second-degree misdemeanor. §
837.06, Fla. Stat. (2007). 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 ....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1989 WL 99682
...osecute violations of criminal laws occurring or having 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 as provided by general law. *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,...
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1996 WL 324661
...The third issue is whether the trial court erred in not dismissing certain counts in the Information because it lacked jurisdiction. The defendants base this claim on the statewide prosecutor's failure to allege in particular counts that the crimes occurred in or affected two or more judicial circuits. See Art. IV, § 4(c); § 16.56(1)(a) Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1992 WL 235339
...The State contends all the crimes charged are fraudulent in nature and fall within the broad constitutional [6] and statutory [7] grants of subject matter jurisdiction to the statewide prosecutor. Specifically, the State argues that the dismissed charges fall within the category of "criminal fraud" which section 16.56, Florida Statutes (1991) specifically authorizes the statewide prosecutor to prosecute....
...[8] The defendants answer that only those crimes covered in Chapter 817, Florida Statutes (1991) entitled "Fraudulent Practices" *1207 can be prosecuted by the statewide prosecutor under the legislative grant of power to prosecute "criminal fraud." We agree with the State's argument and reverse. Section 16.56(1)(a), Florida Statutes (1991) provided that the office of the statewide prosecutor may: Investigate and prosecute the offenses of bribery, burglary, criminal fraud, criminal usury, extortion, gambling, kidnapping, larceny, murder, pros...
...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. [Emphasis added]. The prior legislative history of section 16.56 did not reflect any legislative interpretation, either restrictive or broad, of "criminal fraud." However, effective April 8, 1992, section 16.56(1)(a) was amended to delete the reference to "criminal fraud." Ch....
...In its stead, the legislature clarified the statewide prosecutor's authority by including in the list of offenses properly prosecuted, "any crime involving, or resulting in, fraud or deceit upon any person." Id. § 1. The recent legislative history of section 16.56 reflects the legislature's intent to clarify the prior statute....
...The Senate Staff Analysis states: The jurisdiction of the statewide prosecutor and the statewide grand jury to investigate and prosecute crimes extends throughout the state; however, the subject matter jurisdiction is limited to the offenses enumerated in the statute. s. 16.56(1)(a), F.S....
...Thus, in the instant case, we find that the legislature intended to include odometer tampering, forgery, vehicle title violations, and notary public violations under the somewhat generic heading of "criminal fraud." Accordingly, dismissal of the counts charging defendants with those offenses was error. Because section 16.56 as it existed on the date of the filing of the original information gave the statewide prosecutor subject matter jurisdiction over the forgery, vehicle title, and notary public counts, we find that the defendants' arguments directed at the statute of limitations are without merit....
...rosecute violations of criminal laws occurring or having 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 as provided by general law. [7] § 16.56, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2002 WL 464697
...jury or state attorney," and consequently, the omission of the OSP from the statute must be viewed as a limitation of the statewide prosecutor's ability to grant immunity under the statute. The State argues that the trial court correctly found that section
16.56(3), Florida Statutes (2001), confers the powers granted to state attorneys on the OSP, and authorizes the OSP to utilize the immunity provisions of section
914.04....
...[1] The statute provides that immunity is granted when a person is called before "any court having felony trial jurisdiction, grand jury, or state attorney upon investigation, or trial ...." §
914.04, Fla. Stat (2001). While the statute does not *773 specifically include the OSP, section
16.56(3), Florida Statutes (2001), authorizes the OSP to exercise all powers granted by law to state attorneys....
...The statute should be liberally construed to effectuate the purpose for which it is designed. See Tsavaris v. Scruggs,
360 So.2d 745, 749 (Fla.1977); State v. Schell,
222 So.2d 757, 758 (Fla. 2d DCA 1969); State v. Buchanan,
207 So.2d 711, 716 (Fla. 3d DCA 1968). Section
16.56(3) specifically authorizes the OSP to conduct hearings, summon and examine witnesses, require the production of physical evidence, and " confer immunity. " The statute further authorizes the statewide prosecutor to " exercise such other powers as by law are granted to state attorneys. " §
16.56(3), Fla....
...Powers,
351 So.2d 32, 40 (Fla.1977). The doctrine of in pari materia requires courts to construe related statutes together so that they will illuminate each other and are harmonized. Singleton v. Larson,
46 So.2d 186 (Fla. 1950). This rule requires us to construe sections
914.04 and
16.56(3) together and to harmonize them, if possible....
...munity. The OSP has been given the same powers as state attorneys. The logical reading of these statutes is that immunity extends whether the investigation is by a state attorney or the OSP. The inclusion of the power to grant immunity to the OSP in section
16.56(3) should be read to include the self-executing use immunity provided for in section
914.04, when the OSP compels a person to testify in a criminal proceeding or investigation....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2001 WL 627444
...rred, in two or more judicial circuits as part of a related transaction, or where any such offense is affecting or has affected two or more judicial circuits as provided by general law." Fla. Const. art. IV, sec. 4(c). 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." What does this mean? Does it mean th...
...In this case, it was shown that King had for some time before the events alleged in this information operated a motorcycle chop shop in Orange County (Ninth Circuit) which depended in part on stolen motorcycles from Volusia County (Seventh Circuit). Clearly, the Office of Statewide Prosecution was given the authority under section 16.56 to investigate the operation of the chop shop which had tentacles reaching across judicial circuit lines....
...i-district implications, did not the Office of Statewide Prosecution have the jurisdiction to also prosecute those related local offenses which fed and made possible the continuing multi-district criminal enterprise for which the Office was created? Section 16.56 specifically authorizes the statewide prosecutor to prosecute, among other offenses, burglary....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 1958618
...Under Article IV, section 4(c), Florida Constitution, the statewide prosecutor has "concurrent jurisdiction with the state attorneys" to prosecute crimes occurring in two or more circuits as part of a related transaction or when such an offense affects two or more circuits. See also section 16.56(1)(a), Florida Statutes....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1998 WL 472651
...secute violations of criminal laws occurring or having 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 as provided by general law.... Subsection 16.56(1)(a), Florida Statutes (1995), further explains: 16.56 Office of Statewide Prosecution. (1) ......
...of the information. Zanger v. State,
548 So.2d 746, 748 (Fla. 4th DCA 1989). Snyder does not contest the sufficiency of the face of the information. See State v. Nuckolls,
677 So.2d 12 (Fla. 5th DCA 1996)(statewide prosecutor tracked the language of section
16.56(1)(a) and such language fulfilled the jurisdictional requirements for the statewide prosecutor), rev....
...n." The state simply calls our attention to the similarities among all four thefts. The outcome of this case depends upon the definition of "a related transaction," as the term is used to in the Florida Constitution, Article IV, section 4(c), and subsection 16.56(1)(a), Florida Statutes (1995)....
...We affirm the judgment and sentence. AFFIRMED. W. SHARP and THOMPSON, JJ., concur. NOTES [1] §
812.014(2)(b), Fla. State.(1995). [2] It is undisputed that Snyder's offense is not "connected with an organized criminal conspiracy" affecting two or more judicial circuits. §
16.56(1)(a), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 32 Fla. L. Weekly Fed. D 2332
...prosecutor. That provision, however, expressly states that the statewide prosecutor "shall have concurrent jurisdiction with the state attorneys to prosecute violations of criminal laws . . ." Art. IV, § 4(c), Fla. Const. (emphasis added); see also § 16.56(1)(a)3, Fla....
CopyPublished | Florida 3rd District Court of Appeal
Statewide Prosecution had authority under section
16.56(1)(a) of the Florida Statutes to bring voting
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
as otherwise provided by general law. (e.s.) Section
16.56, F.S., provides for the creation of the Office
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
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
CopyPublished | District Court of Appeal of Florida
OSP lacked authority to prosecute him under section
16.56, Florida Statutes (2022). The circuit court
CopyPublished | District Court of Appeal of Florida
judicial circuits as part of a related transaction.” §
16.56(1)(a), Fla. Stat. (2020). The trial court agreed
CopyPublished | Florida 6th District Court of Appeal
IV, section 4 of the Florida Constitution or section
16.56 of the Florida Statutes (2022). Two of
CopyPublished | Florida 6th District Court of Appeal
IV, section 4 of the Florida Constitution or section
16.56 of the Florida Statutes (2022). Two of
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 19187, 2011 WL 6003298
...OSP has the authority to prosecute an offense 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. See Art. IV, § 4(b), Fla. Const.; § 16.56(1)(a), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
plaintiffs point, for instance, to Fla. Stat. §
16.56(1)(a), which allows the Statewide Prosecutor, whom
