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
...ccurring 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. The role of the OSP is further defined by section 16.56, Florida Statutes. At the time Carbajal was charged by information, section 16.56(l)(a), Florida Statutes (2001), authorized the OSP to investigate and prosecute “[a]ny crime involving narcotic or other dangerous drugs” or “any attempt, solicitation, or conspiracy to commit” any crime involving narcotic or ot...
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 17366, 36 Fla. L. Weekly Fed. D 2390
...We do note that the Office of the Statewide Prosecution, of the Office of the Attorney General, is a separate and distinct office from the Office of the State Attorney for the Fifteenth Judicial Circuit. 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
27.01 et seq., Florida Statutes....
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 6 times | Published | Florida 3rd District Court of Appeal | 2012 WL 1020019, 2012 Fla. App. LEXIS 4774
...o defraud; Count 4: trafficking in contraband legend drugs; Count 5: conspiracy to traffic in contraband legend drugs; and Count 6: money laundering. Defendant Tacher filed a motion to dismiss, arguing that the OSP lacked jurisdiction. 2 Pursuant to section 16.56(l)(a), Florida Statutes (2009), the OSP has the authority to prosecute an enumerated offense “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 suc...
...onspiracy affecting two or more judicial circuits.” The crux of Tacher’s motion to dismiss, although incorrectly characterized as an issue of the OSP’s jurisdiction rather than its authority, was that the OSP failed to meet the requirements of section 16.56(l)(a) because all of the events comprising the crimes alleged in the information occurred in Miami-Dade County. The OSP filed a response supported by the affidavits executed by the Olmedos, contending that section 16.56(l)(a)’s requirements were met because Bryant Olmedo, the uncharged co-conspirator, traveled by bus through seven judicial circuits while possessing the drugs in furtherance of the conspiracy....
...The trial court denied the State’s motion for rehearing, and this appeal followed. LEGAL ANALYSIS We review a trial court’s order on a motion to dismiss de novo where, as here, it concerns a question of law. Ehrlick v. State,
898 So.2d 237, 238 (Fla. 4th DCA 2005). Under section
16.56, the OSP has the authority to “investigate and prose *1133 cute” an offense enumerated in subsection
16.56(l)(a) “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)....
...have occurred in more than one Florida judicial circuit. It is clear, and the co-defendants do not dispute, that sufficient allegations of multi-county criminal activity appear on the face of the information, initially satisfying the requirements of section 16.56(l)(a), and establishing the OSP’s authority to prosecute the charged offenses in Miami-Dade County. 4 There is evidence to support the exercise of the OSP’s authoritg under section 16.56(1) (a) Although the co-defendants concede that the information satisfies the statutory requirements for the exercise of the OSP’s authority to prosecute the charged offenses, the co-defendants claim: (1) there is no evidence that any...
...evidence that the organized criminal conspiracy allegedly committed by the co-defendants “affected” two or more judicial circuits. Thus, they contend the evidence does not support either theory upon which the OSP may exercise its authority under section 16.56(l)(a). We disagree. A. The OSP satisfied its burden under the first theory The OSP possesses the authority to prosecute the charged offenses under the first theory provided in section 16.56(l)(a) if the offenses occurred in two or more judicial circuits as part of a related transaction....
...It is also alleged as part of the predicate acts, that these co-defendants helped launder the money obtained through this criminal enterprise. Based on these facts, we conclude there is sufficient evidence to establish the OSP’s authority under the first theory provided in section 16.56(l)(a)....
...co-perpetrator, and delivered in Miami-Dade County to the co-defendants, who sold the drugs to others and laundered the money. B. The OSP’s burden under the second theory In order to survive a motion to dismiss under the second theory provided in section 16.56(l)(a), the State must allege that the charged offense is “connected with an organized criminal conspiracy affecting two or more judicial circuits.” The trial court, relying on Winter, granted the co-defendants’ motion to dismiss b...
...cution, even though no drugs were transported into or through a Florida judicial circuit. Id. at 1008 . Based on the above cited cases, we conclude the OSP established its authority to prosecute the charged crimes under the second theory provided in section 16.56(l)(a), even though it was not required to as a result of having satisfied the requirements of the first theory....
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....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 1629193, 2013 Fla. App. LEXIS 6077
...nd his codefendants and affected two or more judicial circuits. Thus, the OSP had jurisdiction over him despite the fact that his predicate acts had physically taken place in Palm Beach County. See Carbajal v. State,
75 So.3d 258, 261-62 (Fla.2011); §
16.56(1)(a), 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
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 5932998, 2012 Fla. App. LEXIS 19084
...activity in two or more judicial circuits. Id. at 479-80 . The defendant was charged with burglaries committed entirely in Orange County. He sought a reversal of his conviction, arguing that article IV, section 4(b) of the Florida Constitution 2 and section 16.56, Florida Statutes, 3 only authorized the OSP to prosecute crimes committed in two or more judicial circuits....
...prosecute 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. . Section 16.56, Florida Statutes (2011), provides in relevant part: (1) There is created in the Department of Legal Affairs an Office of Statewide Prosecution ......
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 2793, 2000 WL 276422
...rsons nominated by the judicial nominating commission for the supreme court, or as otherwise provided by general law. Art. IV, § 4(c). When the Florida Legislature implemented the constitutional provision, it tracked the language of Article IV. See § 16.56, Fla....
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 | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 11714, 2003 WL 21750273
...§
409.920(7)(f). The only other issue we find it necessary to address is appellants’ argument that the Office of Statewide Prosecutor does not have jurisdiction to investigate. They rely on Article IV, section 4(b) of the Florida Constitution and section
16.56(l)(a), Florida Statutes, which give the statewide prosecutor power, generally speaking, only when more than one judicial circuit is involved in the crime....
CopyPublished | Florida 4th District Court of Appeal
...false affirmation in connection with an election under section
104.011(1),
Florida Statutes (2020), and voting by an unqualified elector under section
104.15, Florida Statutes (2020). Hubbard moved to dismiss the charges,
arguing the OSP lacked authority to prosecute him under section
16.56,
Florida Statutes (2022). The circuit court concluded Hubbard’s actions
did not affect two or more judicial circuits and dismissed the charges. The
State appeals.
We first address whether the legislature’s 2023 amendments to section
16.56 apply retroactively. Concluding the amendments apply
retroactively, we proceed to apply the amended section
16.56 to the
allegations in the charging document. On that question, we hold the
allegations in the charging documents, if proven, fall within the amended
section
16.56’s scope....
...4
ii. Analysis
The State appeals the circuit court’s order concluding that the OSP
lacked jurisdiction to charge Hubbard. First, we address the applicability
of the 2023 amendments to section 16.56. Second, we apply the amended
section 16.56 to the amended information’s allegations.
a. The 2023 Amendments to Section 16.56 Apply to Hubbard
The OSP was created in the Florida Constitution....
...offense is affecting or has affected two or more judicial circuits as provided
by general law.” Art. IV, § 4(b), Fla. Const.
The Florida Legislature’s implementing legislation lists the types of
crimes the OSP has the authority to investigate. See § 16.56, Fla. Stat. In
2022, section 16.56 provided, in part:
(1) There is created in the Department of Legal Affairs an Office
of Statewide Prosecution ....
...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 . . .
§ 16.56(1)(a), Fla. Stat (2022) (emphasis added).
In 2023, the Legislature amended section 16.56, adding subsection
(1)(c), which gives the OSP the authority to:
5
(c) Investigate and prosecute any crime involving:
1....
...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 in which crimes are alleged to have affected.
§ 16.56(1)(c), Fla. Stat. (2023). The Governor signed the enacting bill into
law on February 15, 2023, and the change took effect immediately. See
Act effective February 15, 2023, Ch. 2023-2, Laws of Fla.
We must determine whether the 2023 amendments to section 16.56
apply to the charges against Hubbard....
...6
would violate any constitutional principles.’” Devon Neighborhood,
67 So.
3d at 195 (quoting Menendez v. Progressive Express Ins. Co.,
35 So. 3d
873, 877 (Fla. 2010)).
In this case, the 2023 amendments to section
16.56 stated the law was
effective immediately, which occurred when the Governor signed the
legislation on February 15, 2023....
...nt to the contrary, but
. . . a procedural or remedial statute is to operate retrospectively.” Devon
Neighborhood,
67 So. 3d at 194 (quoting State Farm Mut. Auto. Ins. v.
Laforet,
658 So. 2d 55, 61 (Fla. 1995)).
So, were the 2023 amendments to section
16.56 substantive or
procedural? The Florida Supreme Court has explained that “substantive
law is that which declares what acts are crimes and prescribes the
punishment therefor, while procedural law is that which provides or
regulates the steps by which one who violates a criminal statute is
punished.” Love v. State,
286 So. 3d 177, 185 (Fla. 2019) (quoting State
v. Garcia,
229 So. 2d 236, 238 (Fla. 1969)); see also Benyard v.
Wainwright,
322 So. 2d 473, 475 (Fla. 1975).
The 2023 amendments to section
16.56 do not expand or diminish
Hubbard’s rights....
...Broward County or
the OSP.” Thus, the amendments do not impact elements of the offense
or the punishment if convicted, but only which arm of the state conducts
the prosecution.
As a result, we agree with the State that the 2023 amendments to
section 16.56 are procedural and can be retroactively applied....
...602, 604 (1960) (concluding “the case must
be decided on the basis of law now controlling”). 1
b. The OSP Has the Authority to Prosecute Hubbard
We are not determining whether Hubbard violated the law. Instead, we
merely determine whether the OSP has the authority to prosecute him
under the amended section 16.56. The amended section 16.56 allows the
OSP to investigate and prosecute any crime involving “voting in an election
in which a candidate for a federal or state office is on the ballot” and any
crime involving “voter registration.” § 16.56(1)(c)1., 5., Fla....
...(2023).
The OSP has that 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.” § 16.56(1)(c), Fla....
...That vote
was submitted to Leon County.
Not only did these actions occur in both Broward and Leon County, but
voter fraud impacts the public’s confidence in elections throughout the
1 Further, section
775.022, Florida Statutes (2022), does not preclude retroactive
application of the amendments to section
16.56....
...Section
775.022(3) precludes
retroactive application of “a statute, whether substantive or procedural, dealing
in any way with a crime or its punishment, defining a crime or a defense to a
crime, or providing for the punishment of a crime.” As noted, the 2023
amendments to section
16.56 impact the prosecuting authority but do not
address a crime or the punishment of a crime.
8
state....
...for the OSP leads me to but one conclusion: the OSP’s reach does not
extend to this single-circuit crime. For that reason, I dissent. I would
affirm the trial court’s decision to dismiss the charges.
Initially, I disagree with the majority that the 2023 amendment of
section 16.56, Florida Statutes (2023), applies to this prosecution....
...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(b), Fla. Const. (emphasis added).
The Florida Legislature implemented this constitutional provision by
enacting section 16.56, Florida Statutes (2020), 3 which provided:
(1) There is created in the Department of Legal Affairs an
Office of Statewide Prosecution....
...uit and steamroll over the local
state attorney. In short, this is a stretch the majority is willing to condone,
but I am not.
Indeed, our Florida Constitution and statutes specifically limit the
OSP’s reach. See Art. IV, § 4(b), Fla. Const.; § 16.56, Fla....
...Each state
attorney is the prosecuting officer of all the trial courts in their circuit. Id.
On the other hand, the OSP has limited concurrent jurisdiction, which
requires the crime be one enumerated by the enabling statute and must
occur “in two or more judicial circuits as part of a related transaction.”
See § 16.56(1)(a), Fla....
...(2020).
It was not until many years later that the OSP was created. See Art.
IV, § 4, Fla. Const.; Palmer & Linthicum, supra, at 669–75 (detailing the
legislative history of the creation of the OSP). Even then, it was given only
“concurrent jurisdiction” in limited circumstances. See § 16.56(1)(a), Fla.
Stat. (2020). The OSP was never given the broad prosecutorial discretion
afforded the local state attorneys for single judicial circuit crimes.
Compare Art. V, § 17, Fla. Const., with § 16.56(1)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Miller moved to dismiss, claiming the Statewide
Prosecutor lacked authority to bring the charges because the alleged acts
don’t trigger the statutory prerequisite that the offense “occurred[] in two or
more judicial circuits as part of a related transaction.” § 16.56(1)(a), Fla....
...y and Leon County.
Miller moved to dismiss for lack of subject matter jurisdiction, pursuant
to Florida Rule of Criminal Procedure 3.190, contending that the Office of
Statewide Prosecution lacked jurisdiction to prosecute the claims under
section 16.56(1) because the charged acts occurred solely in Miami-Dade
County (Eleventh Judicial Circuit)....
...County, with approval conveyed back from Leon County to Miami-Dade
County, and the subsequent voting in Miami-Dade County and conveying of
the votes to Leon County constituted offenses which “occurred[] in two or
more judicial circuits as part of a related transaction.” § 16.56(1)(a), Fla....
...In performing
such an analysis, we review the plain meaning of the words at issue and
read the relevant provision (i.e., whether “any such offense. . . occurred[] in
two or more judicial circuits a part of a related transaction”) in context with
the entire statutory provision. The statute includes language in section
16.56(1)(a)(12) that the office may “[i]nvestigate and prosecute the offenses
of ....
...United States,
347 U.S. 1, 8–9 (1954).5 For example, when a party
requests that a financial institution wire funds from one bank account to
the dissent concludes that because Miller’s affirmative acts occurred in one
jurisdiction, “[s]ection
16.56(1)(a)’s ‘as part of a related transaction’ language
is not implicated.” Dissent at 4....
...6 Such a chain of events
from filling out the forms to the voting and processing of votes as stipulated
here meets the definition for an offense or offenses which “occurred[] in two
or more judicial circuits as part of a related transaction.” § 16.56(1)(a), Fla.
Stat.
Our conclusion finds further support in the analysis provided by State
v....
...In other words, the
related transactions in Leon County were necessary for Miller to receive his
voter registration and vote in Miami-Dade County. Accordingly, as in Tacher,
“we conclude there is sufficient evidence to establish the [Office of Statewide
Prosecution’s] authority under the first theory provided in section
16.56(1)(a).” Id.
Reversed and remanded with instructions to reinstate the information.
GORDO, J., concurs.
13
The State of Florida v....
...(dissenting)
I respectfully dissent. While I agree with the majority that this case
comes down to, and the authority of the Office of Statewide Prosecution
(“OSP”) to prosecute Ronald Lee Miller rests upon, a statutory construction
of section 16.56(1)(a) of the Florida Statutes, I would construe the plain
language of the statute consistent with the trial court’s construction and I
would affirm the trial court’s dismissal of both counts of the information.
I. Section 16.56(1)(a) and its two bases authorizing OSP’s
authority
Section 16.56(1) creates the OSP within Florida’s Department of Legal
Affairs....
...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.
14
§ 16.56(1)(a), Fla....
...uits and counties affected by the
crime). Id. In this case, only the first premise of OSP’s statutory authority is
implicated because there is no assertion of any conspiracy under the second
premise.
II. Construction of the plain text of Section 16.56(1)(a)
Thus, we are called upon to construe the following portion of the
statute: “The office may . . . prosecute . . . [a]ny crime involving voter
registration [or] voting . . . only when . . . such offense . . . has occurred[] in
two or more judicial circuits as part of a related transaction[.]” §
16.56(1)(a)12., Fla....
...more judicial circuits,” the OSP has no authority, and we do not reach the
issue of whether the occurrences in multiple judicial circuits were a part of a
related transaction. Further buttressing this construction is the subsequent
sentence in section 16.56(1)(a): “Informations or indictments charging such
offenses shall contain allegations stating the judicial circuits and counties in
which crimes are alleged to have occurred[.]” § 16.56(1)(a), Fla....
...(2020)
(emphasis added). Read in pari materia, these two unambiguous statutory
provisions authorize OSP involvement only when elements of the charged
offenses are alleged to have occurred in more than one judicial circuit.
III. Construction of Section
16.56(1)(a) in conjunction with the
charged offenses
Miller was charged with violating sections
104.011(1) and
104.15 of
the Florida Statutes....
...ther than in Miami-
Dade County. In my view, because no portion of either charged “offense”
was alleged to have “occurred” in any judicial circuit other than the 11th
(Miami-Dade County), that is where the inquiry ends. Section
16.56(1)(a)’s “as part of a related transaction” language is not implicated,
and the OSP lacks prosecutorial authority.
III. Majority’s construction of Section 16.56(1)(a)
The majority takes a far more expansive interpretive approach....
...United States,
347 U.S. 1 (1954), and State v. Tacher,
84 So. 3d 1131 (Fla.
3d DCA 2012). (See majority opinion at 10-12). I do not see how either case
is instructive to the statutory construction issue presented in this case or
supportive of the majority’s reading of section
16.56(1)(a).
In Pereira, the defendants, who had concocted and carried out a multi-state
scheme to dupe a wealthy widow, were convicted of mail fraud,
transportation of stolen property across state lines, and a conspiracy to
commit those crimes....
...at 8-9), that Miller’s actions “set off a chain of related events
in other jurisdictions” (Id. at 10), and I also agree that those events were
“reasonably foreseeable” (Id. at 11). But I do not view these as relevant
considerations in this case because, pursuant to section 16.56(1)(a)’s plain
language, OSP has prosecutorial authority “only” when the charged “offense
....
CopyPublished | Florida 6th District Court of Appeal
...neral Election. We
affirm because Washington’s alleged offense occurred only in the Ninth Judicial
Circuit, and the OSP did not have jurisdiction to prosecute Washington for the
offense under article IV, section 4 of the Florida Constitution or section 16.56 of the
Florida Statutes (2022).
Two of our sister courts reached the opposite result on nearly identical facts:
State v....
...IV, § 4(b), Fla. Const. [hereinafter the “OSP Clause”] (emphasis added).
1
See Fla. HJR 386 (1985) at 2220–22 (proposed amendments to art. IV, § 4
& art. V., § 17, Fla. Const.); Ch. 85-179, § 1, at 1295–96, Laws of Fla. (codified at
§ 16.56, Fla. Stat. (1985)).
2
The implementing legislation, effective upon approval of the amendment,
added a new section 16.56 to the Florida Statutes, creating the OSP by name and
defining subject matter and other conditional limits on the office’s prosecutorial
authority:
16.56 Office of Statewide Prosecution....
...as 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.
§ 16.56, Fla....
...985 enactment.
At the time Washington was charged with illegal voting in August 2022, the
3
enumerated crimes had been expanded to include any crime involving “voter
registration” or “voting.” § 16.56(1)(a)13., Fla....
...the Florida Constitution, the similar language in the OSP Statute, or both—and
whether it matters. Compare Art. IV, § 4(b), Fla. Const. (“occurring or having
occurred, in two or more judicial circuits as part of a related transaction”), with
§ 16.56(1)(a), Fla....
...and limited effects
jurisdiction by subject matter—e.g., “offenses of bribery, burglary, criminal fraud,
[etc.]”—and further limited it to any such offense “connected with an organized
criminal conspiracy” affecting multiple circuits. § 16.56(1), Fla....
...e enshrined the OSP’s
occurrence jurisdiction in the Florida Constitution without subject matter
limitations. Id. And, while the OSP Clause enshrined creation of the OSP in the
constitution, the OSP Statute also purported to create the OSP. See § 16.56(1), Fla.
Stat....
...Late in the 1985 legislative
session that birthed the OSP Clause as a proposed constitutional amendment, and
9
because Washington’s alleged voting crime is within the subject matter limitations
of the OSP Statute. See § 16.56(1)(a)13., Fla....
...creation
and its occurrence jurisdiction self-executing, with no corresponding change to the
enacted OSP Statute. See Fla. HJR 386 (1985) at 2221 (codified at art. IV, § 4(b),
Fla. Const.); Ch. 85-179, § 1, at 1295–96, Laws of Fla. (codified at § 16.56(1)(a),
Fla....
...(1985).
We are reminded here that the OSP’s prosecutorial jurisdiction is always
concurrent with the jurisdiction of the circuits’ state attorneys. See Art. IV, § 4(b),
Fla. Const. (“The statewide prosecutor shall have concurrent jurisdiction with the
state attorneys to prosecute . . . .”); § 16.56(3), Fla....
...to where a crime occurs for purposes of OSP jurisdiction, as may other
considerations. See, e.g., §
910.04 (principal liability) (see note 6, infra); §
910.13
(accessory after the fact); §
910.14 (kidnapping). Compare also Ch. 2007-143, § 2,
Laws of Fla. (codified at §
16.56(1)(b), Fla....
...against
Washington—an amendment to the OSP Statute became effective, giving election-
related crimes their own provision in the statute and expanding the OSP’s statutory
authority to prosecute them. Ch. 2023-2, § 1, Laws of Fla. (codified at § 16.56(1)(c),
Fla....
...The new provision enumerates several election-related crimes
within the OSP’s statutory authority, including the authority to “[i]nvestigate and
prosecute any crime involving . . . [v]oting in an election in which a candidate for a
federal or state office is on the ballot . . . .” § 16.56(1)(c), Fla....
...Prior to
the amendment, the OSP’s statutory jurisdiction was limited to enumerated crimes
occurring in multiple circuits as part of a related transaction (mirroring the OSP
Clause’s language) or connected with a criminal conspiracy affecting multiple
circuits. § 16.56(1)(a), Fla. Stat. (2022). As amended, the conspiracy condition is
removed for the newly enumerated election crimes, so the OSP can prosecute them
if they merely affect multiple circuits. § 16.56(1)(c), Fla....
...Procedure 3.192 (“A motion for rehearing . . . shall not present issues not previously
raised in the proceeding.”) But the rule expressly does not prohibit a motion for
limitation, which facially still applies to the new election crimes provision. See
§ 16.56(1)(c), Fla....
CopyPublished | Florida 6th District Court of Appeal
...neral Election. We
affirm because Washington’s alleged offense occurred only in the Ninth Judicial
Circuit, and the OSP did not have jurisdiction to prosecute Washington for the
offense under article IV, section 4 of the Florida Constitution or section 16.56 of the
Florida Statutes (2022).
Two of our sister courts reached the opposite result on nearly identical facts:
State v....
...IV, § 4(b), Fla. Const. [hereinafter the “OSP Clause”] (emphasis added).
1
See Fla. HJR 386 (1985) at 2220–22 (proposed amendments to art. IV, § 4
& art. V., § 17, Fla. Const.); Ch. 85-179, § 1, at 1295–96, Laws of Fla. (codified at
§ 16.56, Fla. Stat. (1985)).
2
The implementing legislation, effective upon approval of the amendment,
added a new section 16.56 to the Florida Statutes, creating the OSP by name and
defining subject matter and other conditional limits on the office’s prosecutorial
authority:
16.56 Office of Statewide Prosecution....
...as 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.
§ 16.56, Fla....
...985 enactment.
At the time Washington was charged with illegal voting in August 2022, the
3
enumerated crimes had been expanded to include any crime involving “voter
registration” or “voting.” § 16.56(1)(a)13., Fla....
...the Florida Constitution, the similar language in the OSP Statute, or both—and
whether it matters. Compare Art. IV, § 4(b), Fla. Const. (“occurring or having
occurred, in two or more judicial circuits as part of a related transaction”), with
§ 16.56(1)(a), Fla....
...and limited effects
jurisdiction by subject matter—e.g., “offenses of bribery, burglary, criminal fraud,
[etc.]”—and further limited it to any such offense “connected with an organized
criminal conspiracy” affecting multiple circuits. § 16.56(1), Fla....
...e enshrined the OSP’s
occurrence jurisdiction in the Florida Constitution without subject matter
limitations. Id. And, while the OSP Clause enshrined creation of the OSP in the
constitution, the OSP Statute also purported to create the OSP. See § 16.56(1), Fla.
Stat....
...Late in the 1985 legislative
session that birthed the OSP Clause as a proposed constitutional amendment, and
9
because Washington’s alleged voting crime is within the subject matter limitations
of the OSP Statute. See § 16.56(1)(a)13., Fla....
...creation
and its occurrence jurisdiction self-executing, with no corresponding change to the
enacted OSP Statute. See Fla. HJR 386 (1985) at 2221 (codified at art. IV, § 4(b),
Fla. Const.); Ch. 85-179, § 1, at 1295–96, Laws of Fla. (codified at § 16.56(1)(a),
Fla....
...(1985).
We are reminded here that the OSP’s prosecutorial jurisdiction is always
concurrent with the jurisdiction of the circuits’ state attorneys. See Art. IV, § 4(b),
Fla. Const. (“The statewide prosecutor shall have concurrent jurisdiction with the
state attorneys to prosecute . . . .”); § 16.56(3), Fla....
...to where a crime occurs for purposes of OSP jurisdiction, as may other
considerations. See, e.g., §
910.04 (principal liability) (see note 6, infra); §
910.13
(accessory after the fact); §
910.14 (kidnapping). Compare also Ch. 2007-143, § 2,
Laws of Fla. (codified at §
16.56(1)(b), Fla....
...against
Washington—an amendment to the OSP Statute became effective, giving election-
related crimes their own provision in the statute and expanding the OSP’s statutory
authority to prosecute them. Ch. 2023-2, § 1, Laws of Fla. (codified at § 16.56(1)(c),
Fla....
...The new provision enumerates several election-related crimes
within the OSP’s statutory authority, including the authority to “[i]nvestigate and
prosecute any crime involving . . . [v]oting in an election in which a candidate for a
federal or state office is on the ballot . . . .” § 16.56(1)(c), Fla....
...Prior to
the amendment, the OSP’s statutory jurisdiction was limited to enumerated crimes
occurring in multiple circuits as part of a related transaction (mirroring the OSP
Clause’s language) or connected with a criminal conspiracy affecting multiple
circuits. § 16.56(1)(a), Fla. Stat. (2022). As amended, the conspiracy condition is
removed for the newly enumerated election crimes, so the OSP can prosecute them
if they merely affect multiple circuits. § 16.56(1)(c), Fla....
...Procedure 3.192 (“A motion for rehearing . . . shall not present issues not previously
raised in the proceeding.”) But the rule expressly does not prohibit a motion for
limitation, which facially still applies to the new election crimes provision. See
§ 16.56(1)(c), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 1040, 2011 WL 309571
...That language is identical to the language in the information in this case. See Nuckolls,
677 So.2d at 15 ; see also Winter v. State,
781 So.2d at 1116-17 (Fla. 1st DCA 2001) (holding that similar language provided a sufficient general jurisdiction allegation). Although in 2009 the Legislature amended section
16.56(l)(a), Florida Statutes, to require that the information state the judicial circuits and counties in which the crimes allegedly occurred, that provision was not in effect at the time the information in this case was filed....
CopyPublished | Florida 2nd District Court of Appeal | 2013 Fla. App. LEXIS 1544, 2013 WL 376058
...ted trafficking by possession in Hillsborough County, trial court erred by denying his motion for judgment of acquittal). The State maintains that it could file an information under the authority of the Office of the Statewide Prosecutor pursuant to section 16.56, Florida Statutes (2006-2007)....
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
...tter.
They argue that officials over whom the Attorney General has supervisory
authority have the power to enforce § 32—and, accordingly, so (by indirection)
does the Attorney General herself. The plaintiffs point, for instance, to Fla. Stat.
§ 16.56(1)(a), which allows the Statewide Prosecutor, whom the Attorney General
can appoint and remove, to prosecute “gambling” offenses if those offenses occur
in two or more judicial circuits, and they assert that § 32 violations presumably
“would” occur in multiple circuits....
