The Florida Office of Statewide Prosecution: When a Case Crosses Circuit Lines
Most Florida criminal cases are prosecuted by the local State Attorney. But some cases are handled by a different office: the Office of Statewide Prosecution, part of the Florida Attorney General’s office. If your paperwork lists the “Statewide Prosecutor” rather than a State Attorney, this page explains, in general terms, what that means. For an overview of all prosecuting offices, see Who Is Prosecuting My Case in Florida?
What Is the Office of Statewide Prosecution?
The Office of Statewide Prosecution was created by section 16.56, Florida Statutes, within the Attorney General’s office. It is led by a statewide prosecutor appointed by the Attorney General from nominees put forward by the judicial nominating commission for the Supreme Court. The statewide prosecutor may designate assistants to exercise the office’s powers.
When Does It Get Involved?
Under the statute, the office’s authority over most listed crimes is limited to offenses that occur in two or more judicial circuits as part of a related transaction, or that are connected with an organized criminal conspiracy affecting two or more circuits. A case involving conduct in both Hillsborough County (13th Circuit) and Pinellas County (6th Circuit) could fall within that description.
The statute also says that listed crimes facilitated by or connected to the use of the internet are treated as occurring in every judicial circuit in the state.
Types of Cases It May Prosecute
Section 16.56 lists the offenses the office may prosecute when its multi-circuit requirements are met, including:
- Crimes involving fraud or deceit, and certain securities, money laundering and anti-fencing violations
- Crimes involving narcotics or other dangerous drugs
- Violations of the Florida RICO Act (see our post on RICO conspiracy charges in Florida)
- Computer-related crimes under chapter 815, Florida Statutes, and certain internet-related child exploitation offenses
- Certain Medicaid fraud, patient brokering and prescription drug violations
- Theft, robbery, extortion, bribery, kidnapping and human trafficking-related offenses under chapter 787
- Certain gambling and election-related crimes
- Attempts, solicitations or conspiracies to commit the listed crimes
For related topics, see White Collar and Financial Crimes, Computer and Internet Crimes, Drug Charges and drug trafficking charges in Florida.
How Statewide Cases Differ
The statute gives the statewide prosecutor certain tools, such as presenting cases to a statewide grand jury, and these remain subject to court rules, venue requirements and a judge’s oversight. The charging document must state the circuits and counties involved. Because these cases often involve several people, many records and multiple locations, they can be complex, and the court where a case is filed may be different from where a person lives.
State, Statewide or Federal?
Conduct that crosses county lines may also draw federal attention. Some cases are handled by the local State Attorney, some by Statewide Prosecution and some by federal prosecutors. See our page on federal prosecutors in Florida for the federal side.
Communicating With the Prosecutor
A lawyer handles communication with the prosecutor. If you face any stop, search, seizure, inquiry, investigation, arrest or target letter, contact a lawyer.
How Attorney Ron Frey Can Help
Attorney Ron Frey has been practicing law for over two decades and represents people facing state and federal charges in the Tampa Bay area. The Frey Law Firm is located at 625 E. Twiggs St., Tampa.
Every case is different. If you or a friend or family member is under investigation or has been charged, Attorney Ron Frey offers a free, confidential consultation by phone, video, or in person. Call (813) 775-2276; the line is answered 24/7.
Frequently Asked Questions
Is the Statewide Prosecutor part of the Attorney General’s office?
Yes. Section 16.56 creates the office within the Department of Legal Affairs.
Does Statewide Prosecution handle cases in just one county?
Its authority over most listed crimes depends on the offense involving two or more judicial circuits, or being connected to the internet, as described in the statute.
Is a statewide case a federal case?
No. Statewide Prosecution enforces Florida law in Florida state courts.
Can the State Attorney and Statewide Prosecution work together?
The statute allows the office, upon request, to cooperate with and assist State Attorneys against organized crime.