Opinion
No. SC09-1910.
December 2, 2009.
ORDER DIRECTING IMPANELMENT OF A STATEWIDE GRAND JURY
THE COURT, having considered the second amended petition of the Honorable Charles J. Crist, Jr., 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 Charles J. Crist, Jr., Governor of Florida, has shown 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 of:
(1) bribery, burglary, car jacking, home-invasion robbery, criminal usury, extortion, gambling, kidnaping, larceny (now theft), 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 Act (RICO); including any offense listed in the definition of racketeering activity in section 895.02(1)(a), Fla. Stat., providing such listed offense is investigated in connection with a violation of section 895.03, Fla. Stat., and is charged in a separate count of an information or indictment containing a count charging a violation of section 895.03, Fla. Stat, the prosecution of which listed offense may continue independently if the prosecution of the violation of section 895.03, Fla. Stat., is terminated for any reason, including but not limited to the following offenses: Unlawful Compensation for Official Behavior, Corruption by Threat against a Public Servant, Official Misconduct, Bid Tampering, Falsifying Records, Misuse of Confidential Information, and Money Laundering;
(4) any violations of the provisions of the Florida Anti-Fencing Act (sections 812.02- 812.037, Fla. Stat.);
(5) any violations of the provisions of the Florida Antitrust Act of 1980, as amended;
(6) any violations of the provisions of chapter 815, Fla. Stat., Computer-Related Crimes;
(7) any crime involving, or resulting in, fraud or deceit upon any person;
(8) any violations of sections 847.0135, 847.0137, or 847.0138, Fla. Stat., relating to computer pornography and child exploitation prevention, or any offense related to violations of sections 847.0135, 847.0137, or 847.0138, Fla. Stat., 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 violations of Part I of chapter 499, Fla. Stat.;
(10) any criminal violations of sections 409.920 or 409.9201, Fla. Stat.; or,
(11) any attempt, solicitation, or conspiracy to commit any violations of the crimes specifically enumerated above.
B. The matters to be inquired into are offenses occurring, or having occurred, in two or more judicial circuits as part of a related transaction or when any such offenses are connected with an organized criminal activity throughout the State affecting two or more judicial circuits.
WHEREFORE, THE COURT, pursuant to the provisions of sections 905.31 through 905.40, Fla. Stat., 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 lists submitted by the chief judges of the Eleventh, Fifteenth, Seventeenth, and Twentieth Judicial Circuits.
3. The Honorable Victor Tobin, Chief Judge in and for the Seventeenth Judicial Circuit, is designated as presiding judge over the statewide grand jury. In his capacity as the presiding judge, the Honorable Victor Tobin 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. Thomas D. Hall, 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.
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.