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Florida Statute 16.56 - Full Text and Legal Analysis
Florida Statute 16.56 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH
Chapter 16
ATTORNEY GENERAL
View Entire Chapter
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.
(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.

F.S. 16.56 on Google Scholar

F.S. 16.56 on CourtListener

Amendments to 16.56


Annotations, Discussions, Cases:

Cases Citing Statute 16.56

Total Results: 30  |  Sort by: Relevance  |  Newest First

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T. Dewey Harden, Jr. v. Ralph Adams, Individually & as President of Troy State Univ., 760 F.2d 1158 (11th Cir. 1985).

Cited 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
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Cook v. State, 921 So. 2d 631 (Fla. 2d DCA 2005).

Cited 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....
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Carbajal v. State, 75 So. 3d 258 (Fla. 2011).

Cited 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
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State v. Valera, 75 So. 3d 330 (Fla. 4th DCA 2011).

Cited 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
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Winter v. State, 781 So. 2d 1111 (Fla. 1st DCA 2001).

Cited 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....
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Browning v. Florida Hometown Democracy, Inc., 29 So. 3d 1053 (Fla. 2010).

Cited 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 ....
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Zanger v. State, 548 So. 2d 746 (Fla. 4th DCA 1989).

Cited 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,...
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State v. Tacher, 84 So. 3d 1131 (Fla. 3d DCA 2012).

Cited 6 times | Published | Florida 3rd District Court of Appeal | 2012 WL 1020019, 2012 Fla. App. LEXIS 4774

that the OSP lacked jurisdiction.2 Pursuant to section 16.56(l)(a), Florida Statutes (2009), the OSP has
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State v. Nuckolls, 677 So. 2d 12 (Fla. 5th DCA 1996).

Cited 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....
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State v. Nuckolls, 606 So. 2d 1205 (Fla. 5th DCA 1992).

Cited 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....
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Grant v. State, 832 So. 2d 770 (Fla. 5th DCA 2002).

Cited 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....
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King v. State, 790 So. 2d 477 (Fla. 5th DCA 2001).

Cited 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....
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Luger v. State, 983 So. 2d 49 (Fla. 4th DCA 2008).

Cited 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....
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Snyder v. State, 715 So. 2d 367 (Fla. 5th DCA 1998).

Cited 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....
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Spaulding v. State, 965 So. 2d 350 (Fla. 4th DCA 2007).

Cited 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....
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Thomas v. State, 125 So. 3d 874 (Fla. 4th DCA 2013).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 1629193, 2013 Fla. App. LEXIS 6077

Carbajal v. State, 75 So.3d 258, 261-62 (Fla.2011); § 16.56(1)(a), Fla. Stat. (2008). Second, the record contains
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The State of Florida v. Robert Lee Wood (Fla. 3d DCA 2024).

Published | Florida 3rd District Court of Appeal

Statewide Prosecution had authority under section 16.56(1)(a) of the Florida Statutes to bring voting
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Ago (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
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Scott v. State, 102 So. 3d 676 (Fla. 5th DCA 2012).

Published | Florida 5th District Court of Appeal | 2012 WL 5932998, 2012 Fla. App. LEXIS 19084

article IV of the Florida Constitution and section 16.56, Florida Statutes. The OSP will have concurrent
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Miami-Dade Cnty. v. State, 754 So. 2d 115 (Fla. 3d DCA 2000).

Published | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 2793, 2000 WL 276422

of the amendment' and the enabling statute, see § 16.56, Fla. Stat., was that costs of prosecution would
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Ago (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
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Cmty. Healthcare Centerone, Inc. v. State, 852 So. 2d 322 (Fla. 4th DCA 2003).

Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 11714, 2003 WL 21750273

section 4(b) of the Florida Constitution and section 16.56(l)(a), Florida Statutes, which give the statewide
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State of Florida v. Terry Hubbard (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

OSP lacked authority to prosecute him under section 16.56, Florida Statutes (2022). The circuit court
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The State of Florida v. Ronald Lee Miller (Fla. Dist. Ct. App. 2024).

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

Published | Florida 6th District Court of Appeal

IV, section 4 of the Florida Constitution or section 16.56 of the Florida Statutes (2022). Two of
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State of Florida v. Peter Washington, Jr. (Fla. 6th DCA 2025).

Published | Florida 6th District Court of Appeal

IV, section 4 of the Florida Constitution or section 16.56 of the Florida Statutes (2022). Two of
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Small v. State, 56 So. 3d 52 (Fla. 4th DCA 2011).

Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 1040, 2011 WL 309571

allegation). Although in 2009 the Legislature amended section 16.56(l)(a), Florida Statutes, to require that the
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State v. Cisneros, 106 So. 3d 42 (Fla. 2d DCA 2013).

Published | Florida 2nd District Court of Appeal | 2013 Fla. App. LEXIS 1544, 2013 WL 376058

Office of the Statewide Prosecutor pursuant to section 16.56, Florida Statutes (2006-2007). The State argues
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McCray v. State, 75 So. 3d 403 (Fla. 5th DCA 2011).

Published | 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....
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Support Working Animals, Inc. v. Governor of Florida (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

plaintiffs point, for instance, to Fla. Stat. § 16.56(1)(a), which allows the Statewide Prosecutor, whom

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