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Florida Statute 16.56 | Lawyer Caselaw & Research
F.S. 16.56 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title IV
EXECUTIVE BRANCH
Chapter 16
ATTORNEY GENERAL
View Entire Chapter
F.S. 16.56
16.56 Office of Statewide Prosecution.
(1) There is created in the Department of Legal Affairs an Office of Statewide Prosecution. The office shall be a separate “budget entity” as that term is defined in chapter 216. The office may:
(a) Investigate and prosecute the offenses of:
1. Bribery, burglary, criminal usury, extortion, gambling, kidnapping, larceny, murder, prostitution, perjury, robbery, carjacking, home-invasion robbery, and patient brokering;
2. Any crime involving narcotic or other dangerous drugs;
3. Any violation of the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, including any offense listed in the definition of racketeering activity in s. 895.02(8)(a), providing such listed offense is investigated in connection with a violation of s. 895.03 and is charged in a separate count of an information or indictment containing a count charging a violation of s. 895.03, the prosecution of which listed offense may continue independently if the prosecution of the violation of s. 895.03 is terminated for any reason;
4. Any violation of the Florida Anti-Fencing Act;
5. Any violation of the Florida Antitrust Act of 1980, as amended;
6. Any crime involving, or resulting in, fraud or deceit upon any person;
7. Any violation of s. 847.0135, relating to computer pornography and child exploitation prevention, or any offense related to a violation of s. 847.0135 or any violation of chapter 827 where the crime is facilitated by or connected to the use of the Internet or any device capable of electronic data storage or transmission;
8. Any violation of chapter 815;
9. Any violation of chapter 825;
10. Any criminal violation of part I of chapter 499;
11. Any violation of the Florida Motor Fuel Tax Relief Act of 2004;
12. Any criminal violation of s. 409.920 or s. 409.9201;
13. Any criminal violation of the Florida Money Laundering Act;
14. Any criminal violation of the Florida Securities and Investor Protection Act;
15. Any violation of chapter 787, as well as any and all offenses related to a violation of chapter 787; or
16. Any criminal violation of chapter 24, part II of chapter 285, chapter 546, chapter 550, chapter 551, or chapter 849;

or any attempt, solicitation, or conspiracy to commit any of the crimes specifically enumerated above. The office shall have such power only when any such offense is occurring, or has occurred, in two or more judicial circuits as part of a related transaction, or when any such offense is connected with an organized criminal conspiracy affecting two or more judicial circuits. Informations or indictments charging such offenses shall contain general allegations stating the judicial circuits and counties in which crimes are alleged to have occurred or the judicial circuits and counties in which crimes affecting such circuits or counties are alleged to have been connected with an organized criminal conspiracy.

(b) Investigate and prosecute any crime enumerated in paragraphs (a) and (c) facilitated by or connected to the use of the Internet. Any such crime is a crime occurring in every judicial circuit within the state.
(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 in which crimes are alleged to have affected.

(d) Upon request, cooperate with and assist state attorneys and state and local law enforcement officials in their efforts against organized crimes.
(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.

F.S. 16.56 on Google Scholar

F.S. 16.56 on Casetext

Amendments to 16.56


Arrestable Offenses / Crimes under Fla. Stat. 16.56
Level: Degree
Misdemeanor/Felony: First/Second/Third

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



Annotations, Discussions, Cases:

Cases from cite.case.law:

ACCOUNTABLE HEALTH SOLUTIONS, LLC v. WELLNESS CORPORATE SOLUTIONS, LLC,, 333 F. Supp. 3d 1133 (D. Kan. 2018)

. . . /2016 772 $52.50 $19.99 7297 6/1/2016 7/16/2016 746 $7.50 $2.76 7298 6/1/2016 7/16/2016 746 $45.00 $16.56 . . .

UNITED STATES v. LARSEN,, 664 F. App'x 751 (10th Cir. 2016)

. . . iodine recovered to their corresponding weights in methamphetamine (actual) to generate a total of 16.56 . . . Larsen’s offense involved 16.56 kilograms of methamphetamine (actual), his base level remains 38. . . . Larsen contends that the calculation of 16.56 kilograms of methamphetamine (actual) was in error. . . .

CRUSAW, E. k n a Jr. v. CRUSAW, O. C. M. C., 179 So. 3d 507 (Fla. Dist. Ct. App. 2015)

. . . share, of costs and fees would probably receive approximately 9 to 10 acres instead of approximately 16.56 . . .

In D. GUYTON,, 518 B.R. 681 (Bankr. S.D. Ga. 2014)

. . . For each of the remaining sixty-nine (69) payments, Debtor incurred and paid a $16.56 late fee. Id. . . .

In DIAMOND BEACH VP, LP, s s v. J. s, 506 B.R. 701 (Bankr. S.D. Tex. 2014)

. . . DuPlantis’ comparable tracts sold for between $11.57 and $23.00 per square foot with an average of $16.56 . . .

THOMAS, v. STATE, 125 So. 3d 874 (Fla. Dist. Ct. App. 2013)

. . . State, 75 So.3d 258, 261-62 (Fla.2011); § 16.56(1)(a), Fla. Stat. (2008). . . .

STATE Of v. CISNEROS,, 106 So. 3d 42 (Fla. Dist. Ct. App. 2013)

. . . file an information under the authority of the Office of the Statewide Prosecutor pursuant to section 16.56 . . .

SCOTT, v. STATE, 102 So. 3d 676 (Fla. Dist. Ct. App. 2012)

. . . OSP derives its authority to prosecute cases from article IV of the Florida Constitution and section 16.56 . . . offense is connected with an organized criminal conspiracy affecting two or more judicial circuits.” § 16.56 . . . criminal activity”; 2) “There is evidence to support the exercise of the OSP’s authority under section 16.56 . . . reversal of his conviction, arguing that article IV, section 4(b) of the Florida Constitution and section 16.56 . . . Section 16.56, Florida Statutes (2011), provides in relevant part: (1) There is created in the Department . . .

STATE v. TACHER, 84 So. 3d 1131 (Fla. Dist. Ct. App. 2012)

. . . jurisdiction rather than its authority, was that the OSP failed to meet the requirements of section 16.56 . . . The OSP filed a response supported by the affidavits executed by the Olmedos, contending that section 16.56 . . . Under section 16.56, the OSP has the authority to “investigate and prosecute” an offense enumerated in . . . subsection 16.56(l)(a) “only when any such offense is occurring, or has occurred, in two or more judicial . . . There is evidence to support the exercise of the OSP’s authoritg under section 16.56(1) (a) Although . . .

McCRAY, v. STATE, 75 So. 3d 403 (Fla. Dist. Ct. App. 2011)

. . . .; § 16.56(l)(a), Fla. Stat. (2009). . . .

CARBAJAL, v. STATE, 75 So. 3d 258 (Fla. 2011)

. . . 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 . . .

STATE v. VALERA,, 75 So. 3d 330 (Fla. Dist. Ct. App. 2011)

. . . former derives its authority from article IV, section 4(b) of the Florida Constitution and section 16.56 . . .

UNITED STATES v. ALABAMA POWER COMPANY,, 274 F.R.D. 686 (N.D. Ala. 2011)

. . . When applied to SO2 and using an emission rate of 16.56 Ibs/MWhr, the formula calculated a 2,829.6 tons . . .

A. SMALL, v. STATE, 56 So. 3d 52 (Fla. Dist. Ct. App. 2011)

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

S. BROWNING, v. FLORIDA HOMETOWN DEMOCRACY, INC. PAC,, 29 So. 3d 1053 (Fla. 2010)

. . . With regard to prosecution and enforcement efforts: section 16.56(l)(a)12., Florida Statutes (2007), . . .

LUGER, v. STATE, 983 So. 2d 49 (Fla. Dist. Ct. App. 2008)

. . . See also section 16.56(l)(a), Florida Statutes. In Zanger v. . . .

THOMAS v. COMMUNITY COLLEGE OF PHILADELPHIA, 553 F. Supp. 2d 511 (E.D. Pa. 2008)

. . . time, the salary range for Grade IV positions was $9.07 per hour (or $17,692 per year minimum) to $16.56 . . .

SPAULDING, v. STATE v., 965 So. 2d 350 (Fla. Dist. Ct. App. 2007)

. . . Const, (emphasis added); see also § 16.56(l)(a)3, Fla. . . .

In SPITKO N. A. v., 357 B.R. 272 (Bankr. E.D. Pa. 2006)

. . . necessities to establish the Sentek office 6/17/03 $210.94 Fedex Shipment, documents to A1 Ciardi 6/18/03 $16.56 . . .

E. COOK, v. STATE, 921 So. 2d 631 (Fla. Dist. Ct. App. 2005)

. . . .; § 16.56, Fla. Stat. (2004). . . .

SCHERING- PLOUGH CORPORATION, a v. FEDERAL TRADE COMMISSION,, 402 F.3d 1056 (11th Cir. 2005)

. . . Following this announcement, Kos’ stock price dramatically dropped from $30.94 to $16.56, and eventually . . .

SOUTHLAND SECURITIES CORPORATION, A. v. INSPIRE INSURANCE SOLUTIONS INC. F. III K. G. O. W. J. III, 365 F.3d 353 (5th Cir. 2004)

. . . Arrowhead announcement and Dunham’s comments in that respect, Dunham sold 69,150 shares of INSpire, 16.56% . . .

COMMUNITY HEALTHCARE CENTERONE, INC. CHC n k a v. STATE, 852 So. 2d 322 (Fla. Dist. Ct. App. 2003)

. . . They rely on Article IV, section 4(b) of the Florida Constitution and section 16.56(l)(a), Florida Statutes . . .

GRANT, v. STATE, 832 So. 2d 770 (Fla. Dist. Ct. App. 2002)

. . . The State argues that the trial court correctly found that section 16.56(3), Florida Statutes (2001), . . . Section 16.56(3) specifically authorizes the OSP to conduct hearings, summon and examine witnesses, require . . . the statewide prosecutor to “exercise such other powers as by law are granted to state attorneys.” § 16.56 . . . This rule requires us to construe sections 914.04 and 16.56(3) together and to harmonize them, if possible . . . The inclusion of the power to grant immunity to the OSP in section 16.56(3) should be read to include . . .

In JDN REALTY CORP. SECURITIES LITIGATION, 182 F. Supp. 2d 1230 (N.D. Ga. 2002)

. . . On February 14, 2000, JDN’s common stock price dropped over 40% from its previous day's close of $16.56 . . .

KING, v. STATE, 790 So. 2d 477 (Fla. Dist. Ct. App. 2001)

. . . The general law established by section 16.56, Florida Statutes, confers jurisdiction (insofar as this . . . Clearly, the Office of Statewide Prosecution was given the authority under section 16.56 to investigate . . . Section 16.56 specifically authorizes the statewide prosecutor to prosecute, among other offenses, burglary . . .

In KOENIG, v., 265 B.R. 772 (Bankr. N.D. Ohio 2001)

. . . works forty (40) hours per week with no overtime at an hourly rate of Sixteen and 56/100 dollars ($16.56 . . .

WINTER, v. STATE, 781 So. 2d 1111 (Fla. Dist. Ct. App. 2001)

. . . .; § 16.56(1)(a), Fla. Stat. (1999); Zanger v. State, 548 So.2d 746 (Fla. 4th DCA 1989). . . . Additionally, section 16.56(l)(a), Florida Statutes (1999), provides that the OSP “may ... . . . committed were “connected with an organized criminal conspiracy affecting two or more judicial circuits.” § 16.56 . . . , when “connected with an organized criminal conspiracy affecting two or more judicial circuits.” § 16.56 . . .

FIRESTONE v. SOUTHERN CALIFORNIA GAS COMPANY,, 219 F.3d 1063 (9th Cir. 2000)

. . . route was calculated by multiplying the hourly rate set forth in the collective bargaining agreement ($16.56 . . . rate” because the rate they ultimately receive for overtime hours is lower than the standard rate of $16.56 . . .

MIAMI- DADE COUNTY, v. STATE, 754 So. 2d 115 (Fla. Dist. Ct. App. 2000)

. . . Instead, the intent of the amendment' and the enabling statute, see § 16.56, Fla. . . . See § 16.56, Fla. Stat. (1997). . . .

In CENDANT CORPORATION DERIVATIVE ACTION LITIGATION, 189 F.R.D. 117 (D.N.J. 1999)

. . . The next day, Cendant’s stock fell by $16.56 per share or nearly 50%, and Cendant lost over $15 billion . . .

DICKSON, v. C. SMITH,, 18 F. Supp. 2d 559 (D. Md. 1998)

. . . sister controlled of 42.82% of the stock, and the Obrecht Trust shareholders owned the remainder, about 16.56% . . .

SNYDER, v. STATE, 715 So. 2d 367 (Fla. Dist. Ct. App. 1998)

. . . Subsection 16.56(l)(a), Florida Statutes (1995), further explains: 16.56 Office of Statewide Prosecution . . . Nuckolls, 677 So.2d 12 (Fla. 5th DCA 1996)(statewide prosecutor tracked the language of section 16.56 . . . transaction,” as the term is used to in the Florida Constitution, Article IV, section 4(c), and subsection 16.56 . . . is not “connected with an organized criminal conspiracy” affecting two or more judicial circuits. § 16.56 . . .

STATE v. S. NUCKOLLS, III,, 677 So. 2d 12 (Fla. Dist. Ct. App. 1996)

. . . IV, § 4(e); § 16.56(l)(a) Fla. Stat. (Supp.1992). . . .

HORIZON COAL CORPORATION, v. UNITED STATES, 876 F. Supp. 1512 (N.D. Ohio 1993)

. . . In 1984, 1,237,143 tons of mineral were extracted, including 204,922 tons of coal (16.56% of the total . . .

P. CONDE, v. VELSICOL CHEMICAL CORP., 804 F. Supp. 972 (S.D. Ohio 1992)

. . . numbers of deaths (total cancers): Shindell Expected Infante Expected Years Observed Observed Deaths 16.56 . . .

STATE v. NUCKOLLS, III,, 606 So. 2d 1205 (Fla. Dist. Ct. App. 1992)

. . . State argues that the dismissed charges fall within the category of “criminal fraud” which section 16.56 . . . Section 16.56(l)(a), Florida Statutes (1991) provided that the office of the statewide prosecutor may . . . The prior legislative history of section 16.56 did not reflect any legislative interpretation, either . . . However, effective April 8, 1992, section 16.56(l)(a) was amended to delete the reference to “criminal . . . The recent legislative history of section 16.56 reflects the legislature’s intent to clarify the prior . . .

BEAN DREDGING CORPORATION v. UNITED STATES,, 19 Cl. Ct. 561 (Cl. Ct. 1990)

. . . Personnel Levercan 3 $9.70 $29.10 Watch Engr. 3 8.63 25.89 Dredge Mates 2 8.38 16.76 Tug Masters 2 8.28 16.56 . . .

ZANGER, v. STATE, 548 So. 2d 746 (Fla. Dist. Ct. App. 1989)

. . . Section 16.56(l)(a), Florida Statutes (1987), further explains that the office of statewide prosecutor . . .

In W. FERRIS, Jr. D. W. FERRIS D. K. v. CHRYSLER CREDIT CORPORATION,, 764 F.2d 1475 (11th Cir. 1985)

. . . finance charge, with the result that the maximum finance charge permitted by the MVSFA was exceeded by $16.56 . . .

In W. FERRIS, Jr. D. W. FERRIS D. K. v. CHRYSLER CREDIT CORPORATION,, 764 F.2d 1475 (11th Cir. 1985)

. . . finance charge, with the result that the maximum finance charge permitted by the MVSFA was exceeded by $16.56 . . .

In W. FERRIS, Jr. D. CHRYSLER CREDIT CORPORATION, v. W. FERRIS, Jr. D. K., 42 B.R. 374 (S.D. Ga. 1984)

. . . Here, the “doc preparation” fee entry of $30.00 is not capable of itemization; it includes at least $16.56 . . .

In E. CURRY, E. CURRY, v. WISCONSIN HIGHER EDUCATION AIDS BOARD,, 41 B.R. 312 (Bankr. E.D. Wis. 1984)

. . . SOCIAL SECURITY 606.72 795.74 261.68 62.96 STATE WITHHOLDING 304.65 460.62 162.27 39.09 CHARITY 104.00 16.56 . . .

WINDSOR, v. A FEDERAL EXECUTIVE AGENCY,, 614 F. Supp. 1255 (M.D. Tenn. 1983)

. . . . § 16.56, thus violating 5 U.S.C. § 552a(g)(l). . . .

In FISHER, In LORENCE,, 29 B.R. 542 (Bankr. D. Kan. 1983)

. . . average prime rate from February 1, 1982 to December 31, 1982 ranged from 11.50% in December, 1982 to 16.56% . . . August 20.50 September 20.08 October 18.45 November 16.84 December 15.75 1982 January 15.75 February 16.56 . . .

UNITED STATES v. STATE OF TEXAS, 330 F. Supp. 235 (E.D. Tex. 1971)

. . . Texas Education Code (1969), Sections 16.56 et seq. . . .

COSMOPOLITAN MANUFACTURING CO. v. UNITED STATES ARLENE COATS, a v. UNITED STATES, 297 F.2d 546 (Ct. Cl. 1962)

. . . appealed from this decision to the Army Board of Contract Appeals, which, on June 23, 1948, found $16.56 . . . Plaintiff has been paid for 34,000 of the 35,000 overcoats delivered under the contract at a price of $16.56 . . .

COSMOPOLITAN MANUFACTURING CO. v. THE UNITED STATES ARLENE COATS, A PARTNERSHIP CONSISTING OF SIDNEY BERKENFELD AND BENJAMIN PREPON v. THE UNITED STATES, 156 Ct. Cl. 142 (Ct. Cl. 1962)

. . . appealed from this decision to the Army Board of Contract Appeals, which, on June 23, 1948, found $16.56 . . . Plaintiff has been paid for 34,000 of the 35,000 overcoats delivered under the contract at a price of $16.56 . . .

THOMPSON v. STATE FARM INSURANCE COMPANIES H. SANSON v. C. BERRY Co. BERRY v. STATE FARM INSURANCE COMPANY L. COLEMAN v. STATE FARM INSURANCE COMPANIES, 145 F. Supp. 473 (W.D. La. 1956)

. . . Yet, the file reveals that on July 19th the Company refunded $16.56 to Berry, which represented the amount . . .

W. FORSTER, v. ORO NAVIGATION COMPANY,, 128 F. Supp. 113 (S.D.N.Y. 1954)

. . . Spencer, supra, and plaintiff therefore is entitled to $16.56 for 800 days, amounting to $4,968. . . .

THE VELMA LYKES, 6 F. Supp. 886 (S.D. Tex. 1934)

. . . Noon, assumed position, latitude 16.56 N. longitude 81.36 W. barometer 28.61 over east and misty, winds . . .

Co. v., 7 B.T.A. 1186 (B.T.A. 1927)

. . . average inventory into the cost of merchandise sold) was 35.31 times in 1919; 38.91 times in 1920; and 16.56 . . .

UNITED STATES v. SWIFT COMPANY SWIFT COMPANY v. UNITED STATES, 270 U.S. 124 (U.S. 1926)

. . . to Belgium were sold at 31 cents; to Norway, at 31 cents; to Germany, at 40 cents, and to France, at 16.56 . . .

SWIFT COMPANY v. THE UNITED STATES, 59 Ct. Cl. 364 (Ct. Cl. 1924)

. . . realized $8,942.91 5,650.05 54,394.00 135,906.15 204,893.11 Gross per pound Cents 31.15 31.38 40.00 16.56 . . .

UNITED STATES v. TISDALE, U. S., 114 F. 883 (5th Cir. 1902)

. . . The mileage earned in each of said cases was, respectively, as follows: $7.50, $33.75, $10.86, $16.56 . . . , $15.78, $15.90, $16.56, $16.20, $15.78, $15.66, $3.06, $17.45, $9.84, $10.92, $9, $40.35, $37.78, $37.62 . . .

v. v., 28 F. 500 (C.C.D. Neb. 1886)

. . . .: first note, $27.60; second note, $24.84; third note, $22.08; fourth note, $19.82; fifth note, $16.56 . . .