Opinion
SC22-796
06-29-2022
STATEWIDE GRAND JURY #21
ORDER DIRECTING IMPANELMENT OF A STATEWIDE GRAND JURY
THE COURT, having considered the Petition of the Honorable Ron DeSantis, Governor of Florida, for an order to impanel a statewide grand jury, and being fully advised of the relevant matters, hereby finds as follows:
A. The Petitioner, Honorable Ron DeSantis, Governor of Florida, has alleged that good and sufficient reason exists and that it is in the public interest to impanel a statewide grand jury, with jurisdiction throughout the State of Florida, to investigate crime, return indictments, make presentments, and otherwise perform all functions of a grand jury with regard to the offenses listed in section 905.34, Florida Statutes:
(1) bribery, burglary, carjacking, home-invasion robbery, criminal usury, extortion, gambling, kidnaping, larceny, murder, prostitution, perjury, and robbery;
(2) crimes involving narcotic or other dangerous drugs;
(3) any violations of the provisions of the Florida Racketeer Influenced and Corrupt Organization (RICO) Act, including any offense listed in the definition of racketeering activity in section 895.02(8)(a), Florida Statutes, providing such listed offense is investigated in connection with a violation of section 895.03, Florida Statutes, and is charged in a separate count of an information or indictment containing a count charging a violation of section 895.03, the prosecution of which listed offense may continue independently if the prosecution of the violation of section 895.03 is terminated for any reason;
(4) any violations of the provisions of the Florida AntiFencing Act; (5) any violations of the provisions of the Florida Antitrust Act of 1980, as amended; (6) any violations of the provisions of chapter 815, which includes Computer-Related crimes; (7) any crime involving, or resulting in, fraud or deceit upon any person;
(8) any violation of sections 847.0135, 847.0137, or 847.0138, Florida Statutes, relating to computer pornography and child exploitation prevention, or any offense related to a violation of sections 847.0135, 847.0137, or 847.0138 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;
(9) any criminal violation of Part I of chapter 499; (10) any criminal violation of sections 409.920 or 409.9201, Florida Statutes; (11) any criminal violation of the Florida Money Laundering Act; (12) any criminal violation of the Florida Securities and Investor Protection Act;
(13) any violation of chapter 787, as well as any and all offenses related to a violation of chapter 787; or
(14) any attempt, solicitation, or conspiracy to commit any violation of the crimes specifically enumerated above.
B. The matters to be inquired into are any offense listed in section 905.34 that:
(1) relates to, but is not limited to, the following:
(a) parents, guardians, or other family members of unaccompanied alien children who have conspired with transnational criminal organizations (TCOs) or other illicit actors to smuggle, and thus endanger, their children;
(b) TCOs, their members, or other illicit actors who smuggle or traffic unaccompanied alien children or other illegal aliens to Florida;
(c) persons and organizations who are involved, directly or indirectly, in transacting with TCOs, their members, or other illicit actors to smuggle or traffic unaccompanied alien children or other illegal aliens to Florida;
(d) persons and organizations who are involved, directly or indirectly, in violating section 908.105, Florida Statutes, or conspiring to violate it, by refusing to transfer custody of criminal aliens to the federal government through fraudulent use of the victim or witness exception; and
(e) other criminal activity or wrongdoing that the statewide grand jury uncovers during the course of the investigation if it determines that pursuing the criminal activity or wrongdoing is in the best interests of the investigation;
and
(2) is occurring, or has occurred, in two or more judicial circuits as part of a related transaction or is connected with an organized criminal conspiracy affecting two or more judicial circuits, as required by section 905.34, Florida Statutes.
WHEREFORE, THE COURT, pursuant to the provisions of Sections 905.31 through 905.40, Florida Statutes, Statewide Grand Jury Act, hereby orders as follows:
1. A statewide grand jury shall be promptly impaneled for a term of twelve calendar months, to run from the date of impanelment, with jurisdiction throughout the State of Florida, to investigate crime, return indictments, make presentments, and otherwise perform all functions of grand jury with regard to the offenses stated herein.
2. The statewide grand jury shall be drawn from the certified jury list submitted by the chief judge of the Tenth Judicial Circuit.
3. The Honorable Ellen S. Masters, Chief Judge in and for the Tenth Judicial Circuit, is designated as presiding judge over the statewide grand jury. In her capacity as the presiding judge, the Honorable Ellen S. Masters shall maintain judicial supervision of the statewide grand jury, and all indictments, presentments, and formal returns of any kind made by such grand jury shall be returned to the presiding judge. The presiding judge may designate an alternate presiding judge in the event of calendar conflicts or otherwise and to assist in the administrative process of the statewide grand jury.
4. John A. Tomasino, Clerk of the Supreme Court of Florida, is hereby designated clerk of this statewide grand jury and is empowered to deputize any clerk of a circuit court or any deputy clerk of a circuit court to issue necessary process and to carry out the administrative functions of the statewide grand jury.
CANADY, C.J, and POLSTON, LABARGA, LAWSON, MUNIZ, COURIEL, and GROSSHANS, JJ, concur