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, or
   59  candidate or issue petition activities;
   60         14. 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.