Bill Text: FL S0004 | 2023 | 2nd Special Session | Enrolled
Bill Title: Statewide Prosecutor
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-02-15 - Chapter No. 2023-2 [S0004 Detail]
Download: Florida-2023-S0004-Enrolled.html
ENROLLED 2023 Legislature SB 4-B 20234Ber 1 2 An act relating to the statewide prosecutor; amending 3 s. 16.56, F.S.; specifying that certain crimes 4 facilitated by or connected to the use of the Internet 5 occur in every judicial circuit within the state; 6 authorizing the Office of Statewide Prosecution to 7 investigate and prosecute crimes involving voting in 8 an election for a federal or state office, voting in 9 an election on a referendum, an initiative, or an 10 issue, the petition activities for a federal or state 11 office, the petition activities for a referendum, an 12 initiative, or an issue, or voter registration; 13 providing applicability; requiring certain 14 informations or indictments to contain specified 15 general allegations; conforming provisions to changes 16 made by the act; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (1) of section 16.56, Florida 21 Statutes, is amended to read: 22 16.56 Office of Statewide Prosecution.— 23 (1) There is created in the Department of Legal Affairs an 24 Office of Statewide Prosecution. The office shall be a separate 25 “budget entity” as that term is defined in chapter 216. The 26 office may: 27 (a) Investigate and prosecute the offenses of: 28 1. Bribery, burglary, criminal usury, extortion, gambling, 29 kidnapping, larceny, murder, prostitution, perjury, robbery, 30 carjacking, home-invasion robbery, and patient brokering; 31 2. Any crime involving narcotic or other dangerous drugs; 32 3. Any violation of the Florida RICO (Racketeer Influenced 33 and Corrupt Organization) Act, including any offense listed in 34 the definition of racketeering activity in s. 895.02(8)(a), 35 providing such listed offense is investigated in connection with 36 a violation of s. 895.03 and is charged in a separate count of 37 an information or indictment containing a count charging a 38 violation of s. 895.03, the prosecution of which listed offense 39 may continue independently if the prosecution of the violation 40 of s. 895.03 is terminated for any reason; 41 4. Any violation of the Florida Anti-Fencing Act; 42 5. Any violation of the Florida Antitrust Act of 1980, as 43 amended; 44 6. Any crime involving, or resulting in, fraud or deceit 45 upon any person; 46 7. Any violation of s. 847.0135, relating to computer 47 pornography and child exploitation prevention, or any offense 48 related to a violation of s. 847.0135 or any violation of 49 chapter 827 where the crime is facilitated by or connected to 50 the use of the Internet or any device capable of electronic data 51 storage or transmission; 52 8. Any violation of chapter 815; 53 9. Any violation of chapter 825; 54 10. Any criminal violation of part I of chapter 499; 55 11. Any violation of the Florida Motor Fuel Tax Relief Act 56 of 2004; 57 12. Any criminal violation of s. 409.920 or s. 409.9201; 58 13.Any crime involving voter registration, voting, or59candidate or issue petition activities;6014.Any criminal violation of the Florida Money Laundering 61 Act; 62 14.15.Any criminal violation of the Florida Securities and 63 Investor Protection Act; 64 15.16.Any violation of chapter 787, as well as any and all 65 offenses related to a violation of chapter 787; or 66 16.17.Any criminal violation of chapter 24, part II of 67 chapter 285, chapter 546, chapter 550, chapter 551, or chapter 68 849; 69 70 or any attempt, solicitation, or conspiracy to commit any of the 71 crimes specifically enumerated above. The office shall have such 72 power only when any such offense is occurring, or has occurred, 73 in two or more judicial circuits as part of a related 74 transaction, or when any such offense is connected with an 75 organized criminal conspiracy affecting two or more judicial 76 circuits. Informations or indictments charging such offenses 77 shall contain general allegations stating the judicial circuits 78 and counties in which crimes are alleged to have occurred or the 79 judicial circuits and counties in which crimes affecting such 80 circuits or counties are alleged to have been connected with an 81 organized criminal conspiracy. 82 (b) Investigate and prosecute any crime enumerated in 83 paragraphs (a) and (c)paragraph (a)facilitated by or connected 84 to the use of the Internet. Any such crime is a crime occurring 85 in every judicial circuit within the state. 86 (c) Investigate and prosecute any crime involving: 87 1. Voting in an election in which a candidate for a federal 88 or state office is on the ballot; 89 2. Voting in an election in which a referendum, an 90 initiative, or an issue is on the ballot; 91 3. The petition activities of a candidate for a federal or 92 state office; 93 4. The petition activities for a referendum, an initiative, 94 or an issue; or 95 5. Voter registration; 96 97 or any attempt, solicitation, or conspiracy to commit any of the 98 crimes specifically enumerated above. The office shall have such 99 power only when any such offense is occurring, or has occurred, 100 in two or more judicial circuits as part of a related 101 transaction, or when any such offense is affecting, or has 102 affected, two or more judicial circuits. Informations or 103 indictments charging such offenses must contain general 104 allegations stating the judicial circuits and counties in which 105 crimes are alleged to have occurred or the judicial circuits and 106 counties in which crimes are alleged to have affected. 107 (d) Upon request, cooperate with and assist state attorneys 108 and state and local law enforcement officials in their efforts 109 against organized crimes. 110 (e)(d)Request and receive from any department, division, 111 board, bureau, commission, or other agency of the state, or of 112 any political subdivision thereof, cooperation and assistance in 113 the performance of its duties. 114 Section 2. This act shall take effect upon becoming a law.