EXECUTIVE SUMMARY
The Office of Statewide Prosecution is
responsible for investigating and prosecuting multi-circuit
organized crime. This report details the functions of the Office
and summarizes its activities during calendar year 1993.
This year the Office concentrated its efforts on large scale
consumer fraud, fraud against the government, narcotics
trafficking, money laundering, and violent offenses. Utilizing
several unique enforcement approaches, the Office made a
significant impact in these areas. The Office also continued to
make great strides in the areas of criminal justice policy,
professional development of staff, and administrative procedures.
I. Introduction
II. Office Operations
A. Investigations and Prosecutions
B. Statewide Grand Jury
C. Integrated Approach to Combat Organized Crime
D. Criminal Justice Policy and Legislation
E. Professional Development
F. Pro Bono Legal Services
III. Administrative Policies and Procedures
A. Personnel
B. Facilities
C. Records
D. Planning
E. Audits
IV. Budget Issues
V. Goals
The Office of Statewide Prosecution was created
by constitutional amendment passed by the voters in 1986. Article
IV, Section 4 of the Florida Constitution, together with Section
16.56, of the Florida Statutes, sets forth the jurisdiction and
authority of the Office. The Office is responsible for
investigating and prosecuting multi-circuit organized crime
throughout the State of Florida.
The Office of Statewide Prosecution has just completed its
seventh year of operation. Pursuant to Section 16.56 (2), Florida
Statutes, this report is submitted to the Governor and the
Attorney General of the State of Florida as the Annual Report for
calendar year 1993. A copy is also submitted to the Chief Justice
of the Florida Supreme Court and the leadership of the Florida
Legislature.
A. Investigations and Prosecutions
In 1993, the Office of Statewide Prosecution received a total of
266 requests for assistance or case referrals from law
enforcement, regulators, prosecutors, citizens and other local,
state, and federal agencies. This is a 29% increase over calendar
year 1992.
The requests originated from the following sources:
Attorney General/Civil
Attorney General/Consumer
Attorney General/Economic Crimes
Attorney General/RICO
Attorney General/Tax
Auditor General
Broward County Sheriff
Citizens
Collier County Sheriff
Columbia County Sheriff
Comptroller/Department of Banking and Finance
Coral Springs Police Department
Dade County Commission
Davie Police Department
Deland Police Department
Delray Beach Police Department
Department of Environmental Regulation
Department of Health & Rehabilitative Services
Department of Highway Safety and Motor Vehicles
Department of Insurance
Department of Labor & Employment Security
Department of Revenue
Department of Professional Regulation
Department of Transportation
Duval County/Jacksonville Sheriff
Federal/FBI
Federal/FDA
Florida Department of Law Enforcement
Florida Game and Fresh Water Fish Commission
Florida Highway Patrol
Florida Sheriffs Association
Ft. Lauderdale Police Department
Hendry County Sheriff
Hernando County Sheriff
Hillsborough County Sheriff
Hollywood Police Department
Lake County Sheriff
Lakeland Police Department
Largo Police Department
Maitland Police Department
Metropolitan Bureau of Investigation
Metro-Dade Police Department
Orange County Sheriff
Orlando Police Department
Osceola County Sheriff
Palm Beach County Sheriff
Pinellas County Sheriff
Polk County Sheriff
Pasco County Sheriff
Sarasota County Sheriff
Seminole County
State Attorney/Third Circuit
State Attorney/Fourth Circuit
State Attorney/Seventh Circuit
State Attorney/Eighth Circuit
State Attorney/Tenth Circuit
State Attorney/Eleventh
State Attorney/Sixteenth
Tallahassee Police Department
Tampa Police Department
U.S. Commission on Civil
U.S. House of Representatives
Winter Park Police
After preliminary intake procedures, the Office accepted 236 of
these referrals pursuant to its jurisdictional mandate.
Combined with a pending caseload from prior years, the number of
organized crime cases under investigation and in litigation in
1993 was 404. At the end of 1993, the caseload of the Office was
58% higher than at the end of 1992.
The new investigations concerned activity in each of the State's
20 judicial circuits, and 48 of the State's 67 counties.
In addition to the referral sources, the following agencies were
involved in the Office's active investigations accepted during
calendar year 1993:
-Altamonte Springs Police Department
-Maryland Attorney General's Office
-Auburndale Police Department
-Metropolitan Organized Crime Unit
-Branford Police Department
-Miramar Police Department
-Clay County Sheriff
-Panama City Police Department
-Coconut Creek Police Department
-Pembroke Pines Police Department
-Coral Gables Police Department
-Pompano Police Department
-Federal/EPA
-Public Service Commission
-Federal/FDA
-Real Estate Commission
-Hernando County Sheriff
-Sanford Police Department
-Interagency Telemarketing Task Force
-State Attorney/Ninth Circuit
-Jackson County Sheriff
-State Attorney/Thirteenth Circuit
-Juno Beach Police Department
-U.S. Customs
-Lake Mary Police Department
-U.S. Postal Service
-Leesburg Police Department
-Volusia County Sheriff
-Levy County Sheriff
The investigations concerned criminal activity that fell within
16 of the 17 categories of crime over which the Office has
jurisdiction:
-bribery
-burglary
-criminal fraud
-usury
-extortion
-gambling
-kidnapping
-larceny (theft)
-murder
-prostitution
-perjury
-robbery
-narcotics violations
-racketeering (and the offenses which may be charged as predicate
incidents in a racketeering charge)
-fencing
-attempts, solicitations or conspiracies to commit these
offenses.
In 1993, the Office filed criminal charges against 78 defendants.
Based upon venue requirements, the charges were filed in ten of
the State's 20 judicial circuits: the Third, Fourth, Fifth,
Sixth, Seventh, Ninth, Tenth, Thirteenth, Seventeenth, and
Eighteenth.
In 1993, seventy defendants were convicted, following a plea or
trial. The
combined criminal dispositions include:
Prison Terms: 1 life sentence and 478 years
Probation Terms: 450 years
Victim Restitution: $1,902,474
Fines: $1,265,955
Costs of Prosecution: $41,775
Costs of Investigation: $605,723
The Office concentrated its efforts upon and made a significant
impact in the areas of large scale consumer fraud (insurance,
mortgage, and securities), telemarketing schemes, frauds on the
State, designer drug manufacturing, large scale drug trafficking,
and a broad range of violent offenses.
B. Statewide Grand Jury
Pursuant to Section 905.36, Florida Statutes, the Statewide
Prosecutor serves as the legal adviser to the Statewide Grand
Jury. By virtue of this authority, Assistant Statewide
Prosecutors are designated to present cases to the Grand Jury for
its consideration.
The Eleventh Statewide Grand Jury, originally impaneled in
October 1992, is seated in Deerfield Beach, Broward County,
Florida. Grand jurors were drawn from Palm Beach, Broward, Dade
and Monroe Counties only. This is the first regional grand jury
impanelled pursuant to Section 905.37(2), Florida Statutes, since
the inception of the Office of Statewide Prosecution. The Grand
Jury convened for eight sessions in 1993 to investigate
allegations of multi-circuit, organized crime throughout the
State. The term of the Eleventh Statewide Grand Jury has been
extended by order of the Florida Supreme Court through April
1994.
In late 1992 and through 1993, the Statewide Grand Jury
investigated a number of matters, issuing 14 indictments charging
55 individuals and one corporation. The indictments allege the
following criminal offenses:
-racketeering
-extortion
-aggravated assault
-grand theft
-organized fraud
-communications fraud
-bookmaking
-money laundering
-conspiracy
Specific entities under investigation were:
-a large scale sports betting ring that resorted to violence in
the collections
process
-several air conditioning repair companies whose employees
committed fraud on the elderly
-several illegal telemarketing operations involved in employment
opportunity scams, vacation package, and condominium sales fraud
-a check cashing business that facilitated numerous illegal
telemarketing operations
The Indictment of the check cashing company for conducting
unlawful financial transactions (money laundering) in violation
of Section 896.101, Florida Statutes, to facilitate illegal
telemarketing, is one of the first prosecutions of its kind in
State history. The case is set for trial in Broward County in
mid-1994.
Based on its review of the illegal telemarketing activity in the
south Florida area, the Grand Jury studied and reported on the
need for regulation of the money transmitter industry. (A copy of
the report is available upon request.) The Statewide Prosecutor
will work closely with the Office of the Comptroller to seek
enactment of legislation in 1994 addressing the Statewide Grand
Jury's finding and recommendations.
A final report of the Statewide Grand Jury will be issued upon
conclusion of its term.
C. Integrated Approach to Combat Organized Crime
1. "Integrated Approach" Panel
The Office continued its participation on the "Integrated
Approach to Combat Organized Crime Review Panel" designed
and implemented by the Florida Department of Law Enforcement. The
panel consists of representatives from local, state, and federal
law enforcement and regulatory authorities, joining together to
provide resources to cases selected for their ability to
significantly impact upon organized crime. The Statewide
Prosecutor serves as a voting member of the panel and maintains
an active role in the development and progress of the cases
presented and accepted by the panel.
In 1993, the Office provided legal advice and prosecutorial
assistance in 24 of the 42 active operations approved by the
panel.
In 1993, the Office of Statewide Prosecution assisted the Florida
Department of Law Enforcement in its analysis of the
effectiveness of the panel as it has evolved over time. This
resulted in a restructuring and refocusing of the panel's efforts
with an emphasis on strategic planning for criminal trends and
conditions having statewide impact, rather than a review of
individual cases or investigations. The changes were developed,
in part, as a result of the "Statewide Prosecutor's
Summits" held in April and May of 1993.
2. Statewide Prosecutor's Summits
With the assistance of the Special Agent in Charge of the Tampa
Bay Region Operations Bureau of Florida Department of Law
Enforcement, the Statewide Prosecutor held "Summits on
Selected Cases" in April and May of 1993. The summits were
called to discuss the current status of existing investigations
in the areas of fraud on the elderly (air conditioning repair
scams), money laundering, gambling violations, and marijuana
smuggling. Investigators, supervisors, and prosecutors from
throughout the State gathered in Tampa for intensive strategic
planning sessions to marshal ideas and focus efforts. The format
now serves as a role model for future statewide working groups
under the direction of the Integrated Approach Panel.
3. Organized Crime/Narcotics Task Force (OCN)
In 1991, the Office joined together with the Florida Department
of Law Enforcement in a creative initiative in the area of
narcotics prosecutions. This initiative is designed to select
high impact cases and commit significant resources to them. The
goal of the "Organized Crime Narcotics Program" is to
dismantle organized narcotics trafficking groups in the State
through the investigatory and prosecution process, with the
financial assistance of the federal government. The Statewide
Prosecutor continued to serve on this panel in 1993.
4. Florida Department of Law Enforcement
The Office has continued its efforts to maintain a strong working
relationship with the Florida Department of Law Enforcement, its
primary investigative agency.
Specifically, the Statewide Prosecutor participates in FDLE's
quarterly statewide command staff meetings for the purpose of
addressing their concerns, working together on solutions, and
planning future initiatives. The Office has assigned specific
prosecutors to serve as liaisons to specific regional field
offices of FDLE. The prosecutors are scheduled to personally
visit their assigned location on at least a monthly basis. The
Office continues to attend FDLE's regional intelligence meetings
on active investigations. Participation in these meetings
enhances the ability of the Office to monitor the progress of
existing cases and provide assistance in the development of
future cases.
5. Multi-Agency Efforts
In 1993, the Office actively participated in a number of
additional cooperative law enforcement efforts designed to
address specific criminal issues in the State. These are:
Broward County Auto Theft Unit
Broward County Chiefs of Police
Broward County Telemarketing Task Force
Central Florida Criminal Justice Council
Central Florida Intelligence Unit
Central Florida Fraud and Forgery Task Force
Federal High Intensity Drug Trafficking Area Support Unit
Florida Auto Theft Unit
Hurricane Andrew Fraud Task Force
Jacksonville Sheriff's Office Intelligence Unit
Lake County Intelligence Unit
Law Enforcement Equipment Tactical Assistance Council
League of Environmental Enforcement and Prosecution
Marion County Intelligence Unit
Metropolitan Bureau of Investigation in Orlando
Metropolitan Organized Crime Intelligence Unit in Dade County
Multi-agency Gangs Task Force (MAGTF) in Dade County
Northeast Florida Consumer Council
Northeast Florida Criminal Intelligence Group
Ocala Intelligence Unit
Sanford City/County Investigative Bureau
Seminole County Narcotics Intelligence Unit
Southeastern Environmental Enforcement Network, comprised often
States
South Florida Gypsies Task Force
South Florida Investigative Support Center
South Florida Task Force on Asian Gangs
South Florida Task Force on Violent Street Crimes
U.S. Attorney (Middle District) Environmental Crimes Task Force
6. Attorney General's Telemarketing Task Force
In early 1993, the Attorney General called for the formation of a
Task Force to concentrate efforts and direct resources toward the
eradication of illegal telemarketing scams in the South Florida
area, where the highest concentration of this activity is
located. The Office of Statewide Prosecution was appointed to
lead the effort, which is comprised of investigators and
attorneys from the Broward County Sheriff's Office, the Palm
Beach County Sheriff's Office, the Martin County Sheriff's
Office, the Florida Department of Law Enforcement, the Economic
Crimes Division of the Office of the Attorney General, and other
personnel as necessary to particular cases. The Task Force
accumulated citizens' complaints from various agencies, selected
the entities which appeared most likely to be currently active
with a high volume of business, and investigated these to the
point of prosecution. The Task Force is also ferreting out the
facilitators of this illegal activity, and plans to seek charges
against any entities that knowingly assist in the victimization
of Florida's citizens in this manner. To date, twenty-one
individuals have been charged with criminal offenses; two civil
injunctions obtained; and two million dollars in assets held for
possible restitution to the victims upon conviction or civil
judgment. The Task Force will continue this work through 1994,
and will report on its activities at the end of its term.
7. Other Criminal Justice Related Agencies
The Office continued working closely with the Office of
Comptroller, Department of Banking and Finance, in the
investigation of suspicious financial transactions and currency
violations. Specifically, in 1993, the Office filed one of the
State's first prosecutions of a check cashing store for
laundering the proceeds of several illegal telemarketing schemes
in South Florida. The Office will continue to work with the
Comptroller in his efforts to seek regulation of the money
transmitter industry.
The Office has established a close working relationship with the
Division of Workers' Compensation Fraud of the Insurance
Commissioner's Office. As a result, a number of investigations
were referred for prosecution in 1993. The Office intends to have
a significant impact in this area in the future.
The Office maintained direct communication with the Control
Release Authority of the Florida Parole Commission. Assistant
Statewide Prosecutors communicate with these authorities
immediately upon obtaining convictions. This ensures that the
Authority has accurate information about Statewide Prosecution
cases at their disposal prior to making release decisions.
In 1992, the federal government HIDTA Unit (High Intensity Drug
Trafficking Area) in South Florida funded a proposal for the
creation of the South Florida Investigative Support Center
(SFISC). The Center provides analytical assistance, case lead
management, case research assistance, training, and
computerization of various law enforcement support functions, to
local, state, and federal agencies in South Florida. The Office
of Statewide Prosecution participated in both the planning and
implementation process of this system.
The Office continued its efforts to become linked electronically
with a variety of regulatory and law enforcement data bases for
intelligence gathering purposes in criminal investigations. The
Office is also on a waiting list for the necessary equipment to
access the National and Florida Crime Information Centers
(NCIC/FCIC).
8. Elected State Attorneys and Other Prosecuting Agencies
In 1993, the Office continued working closely with the twenty
elected State Attorneys, in the investigation and prosecution of
cases.
This year, the Statewide Prosecutor became a voting member of the
Board of Directors of the Florida Prosecuting Attorneys
Association, for the first time in history. As a result, the
Office has a voice in the substantive decisions of the Board at
its quarterly meetings and periodic conference calls regarding
current criminal justice issues. The Office is also represented
on the FPAA Education Committee and Legislative Committee.
Cooperation between the Office and other prosecuting authorities
has continued to result in the granting and receipt of
cross-designated prosecutorial authority in a number of
jurisdictions. This innovation, initiated in 1991, continued in
1993 as follows: one Assistant State Attorney and one Assistant
Attorney General were designated under Statewide Prosecution
authority, while nine Assistant Statewide Prosecutors exercised
designated State Attorney authority in selected cases. These
cooperative efforts result in the most effective and efficient
use of available prosecutorial resources.
9. Outreach Efforts
This year the Statewide Prosecutor continued an aggressive
educational program to advise additional agencies on the
authority and capabilities of the Office. The goal of the effort
is to continuously broaden and improve the level of service to
the Office's referral base: local, state, and federal law
enforcement and regulatory agencies. The program consisted of:
a. Law Enforcement Training:
Assistant Statewide Prosecutors were invited to teach law
enforcement officers in the following areas of specialization:
-Courtroom Testimony and Demeanor for Law Enforcement Agents
-Crime Scene Techniques
-DUI Prosecution
-International Extradition
-Jurisdiction and Operations of the Office of Statewide
Prosecution:
Florida Robbery Intelligence Unit
-Jacksonville Sheriff's Office Roll Call Training
-Central Florida Intelligence Unit
-Legislative Update
-Money Laundering (Statewide Prosecutor's Summit)
-Odometer Fraud Detection, Investigation, and Prosecution
-Parallel Proceedings in Criminal Cases
-Prosecution of Con Artists
-Role of the Statewide Grand Jury:
Metropolitan Intelligence Unit (Broward County)
-Telemarketing Investigations and Prosecutions
-Trial Techniques for Prosecutors
In 1993, three Assistant Statewide Prosecutors were distinguished
as recognized experts in particular aspects of the criminal law.
These fields of specialization are: The Prosecution of Con
Artists; International Extradition; and Environmental
Investigations and Prosecutions. The attorneys' expertise in the
handling of these matters qualified them to teach at seminars
attended by prosecutors and law enforcement agents from
throughout the country. Additionally, prosecutors on the staff of
the Office were called upon to represent the State of Florida at
two national conferences in 1993, in order to participate in
workshop discussions and strategic planning sessions in two
distinct areas of the criminal law: Telemarketing Fraud
Investigations and Prosecutions (sponsored by the Federal Trade
Commission and the National Association of Attorneys General) and
The Use of State Grand Juries in Narcotics Investigations
(sponsored by the Attorney General of the State of South
Carolina).
Building on the experience gained in 1992 from its first
statewide multi-agency training event, the Office organized and
conducted several other seminars of a similar nature. The first
of these consisted of a day-long courtroom testimony and demeanor
workshop for FDLE investigators and analysts, handled by the
attorneys of the North Florida Bureau in Tallahassee. This event
was so successful that FDLE requested that the class be taught
around the State. The second skills class was conducted by the
Central Florida Bureau in Orlando, and plans have been made for
two additional locations in 1994. Additional trial skills courses
were presented to the Law Enforcement Training Academy for new
recruits, and the Florida Highway Patrol academy.
In cooperation with the Florida Prosecuting Attorneys
Association, the Office conducted a statewide seminar on White
Collar Crime Investigations and Prosecutions. The 2 1/2 day
course, consisting of lectures and panel discussions, was
organized under the direction of an Assistant Statewide
Prosecutor in the Central Florida Bureau, and was attended by
prosecutors and investigators from throughout the State.
The Office served as co-sponsors for a Task Force Commanders
Training School, conducted by the Institute for Intergovernmental
Research and FIN/CEN, a federal investigative cooperative. The
week long course consisted of lectures, group discussions, and
planning sessions, and was attended by over one hundred law
enforcement supervisors from the South Florida area.
Also in 1993, the Statewide Prosecutor spoke to the Governor's
Council on Integrity and Efficiency, a group comprised of the
Inspectors General of the executive branch agencies. The
Statewide Prosecutor explained the operation and jurisdiction of
the Office and made the Inspectors aware of the availability of
the Office for investigation and prosecution of multi-circuit
fraud in and upon State Government.
The Statewide Prosecutor was a guest speaker at the 1993 Annual
Conference for State Court Administrators. Both the Office and
the judicial branch benefited from this educational opportunity.
This effort started in 1992 with a similar seminar for Judicial
Assistants, and will be expanded to include the Judge's
Conference and Court Clerk's Association in 1994.
b. Association Membership
The Office is represented in the following associations:
Big Bend Law Enforcement Association
Central Florida Criminal Justice Council
Florida Sheriffs Association
Florida Network of Victim/Witness Services Association
Florida Prosecuting Attorneys Association
League of Environmental Enforcement and Prosecution
National District Attorneys Association
National Association of Bunco Investigators
State Law Enforcement Chiefs Association
c. Training Video
A major task undertaken in calendar year 1992 was the development
and production of a law enforcement training tape concerning the
jurisdiction of the Office of Statewide Prosecution. The video,
produced in cooperation with the Florida Department of Law
Enforcement, was utilized in training sessions, lectures, and
speeches to law enforcement agencies throughout the State in
1993. Additionally, over 40 copies of the tape have been provided
to law enforcement agencies throughout the State, at their
request. A written survey used to evaluate the educational
quality of the tape produced high marks.
10. Evaluation Methodologies
In 1993, the Office conducted its first survey of referring law
enforcement agencies to determine the level of their satisfaction
with the support received and the work performed by the members
of the Office. Of the 132 agents contacted, 72 responded to the
written questionnaire. The Office received above-average ratings
in every category, as follows: (1) willingness to assist; (2)
attention to cases; (3) work product; (4) results achieved; (5)
professionalism; (6) likelihood of return for assistance.
Suggestions for improvements in service have been taken under
advisement. The Office plans to continue this qualitative
assessment in the future.
The post-case review system, designed in 1991, was refined in
1993 and utilized for the third straight year. It provides an
excellent opportunity for an analysis of the performance of the
investigation and prosecution team. It is universally agreed that
prosecutors and law enforcement officers alike benefit from the
process, which calls for an assessment of problems as well as
successes. The results are used by management in making policy
decisions in future cases.
The most striking evidence of the success of these initiatives
can be found in the statistics on the number and diversity of
agencies referring cases to this Office, as described above.
D. Criminal Justice Policy and Legislation
The Office maintains an active role in the advocacy of sound
criminal justice policy. For the second year, the Statewide
Prosecutor represented the Office and the Department of Legal
Affairs at a symposium on criminal justice budgetary issues
sponsored by the Florida Association of Criminal Defense Lawyers.
It is anticipated that this working group of criminal justice
professionals will meet on a regular basis to discuss issues of
mutual concern.
The Chief Assistant of the North Florida Bureau and an Assistant
Statewide Prosecutor from that Bureau continue to serve as the
Office's representatives on the Criminal Code Revision Committee
of the Florida House of Representatives. The goal of the
Committee is to completely rewrite the criminal provisions of the
Florida Statutes to achieve clarity and uniformity.
The Office was invited to serve on the Health Care Fraud and
Abuse Workshop established by the Agency for Health Care
Administration, pursuant to Chapter 93-129, Laws of Florida. The
work group studied fraud in the health care industry and
submitted recommendations to the Legislature for controlling
fraud and abuse. An Assistant Statewide Prosecutor in the North
Florida Bureau regularly attended workshop meetings and conducted
surveys to determine the effectiveness of Medicaid Fraud
prosecutions in the State. A copy of the report of the work group
is available upon request.
The Statewide Prosecutor was appointed by the Attorney General to
serve on the Violent Crime Council established by the Legislature
in the 1993 Session. See Section 943.031, Florida Statutes. The
Council was created to advise the Department of Law Enforcement
on the creation of Regional Violent Crime Investigation
Coordinating Teams, develop criteria for the disbursement of
funds from the Violent Crime Investigative Emergency Account,
review and approve all disbursements of said funds, advise the
Department on the development of the statewide Violent Crime
Information System, consult with Criminal Justice Standards and
Training Commission to establish standards for officer training
in investigating and preventing violent crime, and report to the
Legislature annually regarding its activities. In 1993, the
Council met on four occasions and issued a report of its
activities and recommendations at the end of the calendar year. A
copy of the report is available upon request.
The Office was invited by the Department of Highway Safety and
Motor Vehicles to participate in a task force assembled to study
enforcement of odometer fraud laws and to develop training
agendas and legislative recommendations for strengthened
effectiveness in this area.
The Office participated in the work of the President's Commission
on the Development of Model State Drug Laws, a national Board
that held meetings around the country to draw from the experience
of a broad spectrum of professionals involved in tackling illegal
drug use and distribution. An Assistant Statewide Prosecutor from
the West Florida Bureau attended the meeting held in Tampa in
1993. A copy of the report of the Commission is available upon
request.
The Office continued its long-standing commitment to the work of
the Environmental Investigations Division of the Florida Game and
Fresh Water Fish Commission. The agencies joined together to
prevent the elimination of funding from the Division and to
promote the concept of a statewide environmental prosecutor.
The National Youth Gang Information Center published the report
of the Tenth Statewide Grand Jury regarding gangs and
gang-related activity in Florida. An Assistant Statewide
Prosecutor from the South Florida Bureau was listed as the
contributing source. The work of this prosecutor on the same
subject was also published in the WOMEN POLICE Magazine.
The Office of Statewide Prosecution was called upon for
assistance by the Florida House Tourism and Economic Development
Committee, as it sought to develop protocols for the
investigation of fraud in the certification process for minority
business enterprise status. This inquiry was handled by the
Assistant Statewide Prosecutor from the Central Florida Bureau
who successfully prosecuted such a case following the issuance of
an indictment by the Tenth Statewide Grand Jury.
The Statewide Prosecutor and the Chief Assistant of the South
Florida Bureau met with individuals in charge of the nation's
three long established and well-recognized State agencies
involved in organized crime investigations and prosecutions: the
Pennsylvania Crime Commission, the New York Organized Crime Task
Force, and the Criminal Justice Division of the New Jersey
Attorney General's Office. The purpose of the discussions was to
compare the successes and pitfalls of the various approaches to
combating organized crime and to plan future investigative
efforts in this area.
E. Professional Development
In 1992, the Office adopted a policy designed to encourage and
reward Florida Bar Board Certification and saw the results of
this effort when the first Assistant Statewide Prosecutor
received certification in criminal trial law that year. In 1993,
two additional Assistant Statewide Prosecutors received their
certification in this field as well. The Chief Assistant
Statewide Prosecutor of the North Florida Bureau graduated from
the Senior Leadership course offered by the Florida Criminal
Justice Executive Institute. This course is an 18 month program
designed to promote and strengthen leadership ability among
Florida's criminal justice managers and future executives.
An Assistant Statewide Prosecutor from the South Florida Bureau
received an A-V rating from the Martindale-Hubbell Law Directory.
This is the highest rating awarded following a survey of
colleagues on standards of practice and ethics.
An Assistant Statewide Prosecutor in the Central Florida Bureau
was honored for his contributions to State government at the
Governor's Public Employee Recognition Ceremony in 1993. The
award was presented for excellence in the field of narcotics
prosecution and for establishing the Office as an active member
of the law enforcement community addressing the investigation and
prosecution of environmental crimes.
One Executive Secretary, from the Central Florida Bureau,
graduated from an evening paralegal course at Rollins College,
and took her certification exam in late 1993. The results of this
effort are expected soon.
The Executive Assistant to the Statewide Prosecutor is currently
seeking to complete the college degree program she postponed
while pursuing career and family development. She took the law
school entrance exam (LSAT) in the Fall of 1993.
An Assistant Statewide Prosecutor in the South Florida Bureau
maintains her Florida police standards certification.
An Assistant Statewide Prosecutor in the South Florida Bureau
obtained admission to the Bars of Washington D.C. and Colorado.
An Assistant Statewide Prosecutor in the North Florida Bureau was
admitted to the Bar of the United States District Court for the
Northern District of Florida, following a written examination.
The Office has representatives on the following Florida Bar
committees: Criminal Procedure Rules Committee; Criminal Law
Section Committees (Liaison to the Judiciary, Representation of
Indigents, Narcotics Practice Committee); and the Government
Lawyer's Section. Many Assistant Statewide Prosecutors are also
members of the American Bar Association, are active in local Bar
Association Committees, and belong to such other professional
organizations as the Barrister's Association.
Prosecutors in the Office attended the following continuing legal
education seminars:
-Advanced Evidence
-Advanced Trial Techniques
-Basics of Administrative Supervision
-Cellular Telecommunications Fraud
-Communications Fraud
-Criminal Law Update
-DUI Manslaughter
-Environmental Law
-Florida Prosecuting Attorneys Association Annual Training
Conference
-Gaming Machine Fraud
-Legislative Update
-Search and Seizure Law
-Securities Fraud*
-Sentencing Guidelines*
-Task Force Commander Training
-Telemarketing Fraud
-Training the Trainers (Adult Education Techniques)
* Both the Securities Fraud and Sentencing Guidelines Seminars
were taught in-house by the attorneys in the Office and by an
attorney from the Department of Banking and Finance.
An Executive Secretary in the Central Florida Bureau received
additional training in advanced writing skills.
The third annual Office-wide training conference was held in
1993. The agenda consisted of courses in the following subjects:
victims' rights, civil liability for prosecutors' actions,
clemency proceedings, sexual harassment issues, paralegal
systems, advanced word perfect skills, and case tracking system
refinements. The majority of courses were taught by members of
the staff, who had attended continuing education courses in these
areas during the preceding year.
F. Pro Bono Legal Services
The attorneys in the Office are involved in criminal justice
oriented civic work and pro bono legal assistance. These
activities are:
-Appellate Judge for Legal Writing Class at FSU Law School
-Big Brothers/Big Sisters
-Broward County Bar Association Human Rights Committee
-Criminal Justice Advisory Committee at Leto High School, Tampa
-Eagle Scout Mock Trial Competition
-Habitat For Humanity
-High School Student Mentor Programs
-Hillsborough County Guardian Ad Litem Program
-Mothers Against Drunk Driving
-Orange County Bar Association Citizens' Dispute Resolution
Program
-"Partners in Excellence" Mentor Program
-"Red Key" Mentor Program, Tallahassee
-Search Committee for Executive Assistant to Vice President for
Minority
Affairs at Florida State University
-Search Committee for the Police Chief of the Tallahassee Police
Department
-Seminole County Bar Association Citizens' Dispute Settlement
Program
-Senior Citizens Life Center Volunteer in Jacksonville
-Special Olympics
-Volunteer instructor on careers in the legal profession during
the "Teach In
2000" at Apopka High School
-Volunteer Judges at Mock trial, Statewide High School
competition
In 1993, the Office was a proud participant in Florida State
University's Minority Recruitment Program for college level
students interested in pursuing a career in law. The program
afforded a deserving student the opportunity to work in a law
office setting on a part-time basis while at the same time
obtaining a taste of legal education by attending law-related
classes at the College of Law.
The Office continued to develop and strengthen
its administrative operations for increased efficiency and
productivity. In 1993, these include:
A. Personnel
1. Conducted third annual employee "feedback" sessions.
2. Conducted first employee job satisfaction survey. Results were
extremely positive. Employees indicated that they enjoy and are
committed to their work, management at all levels is effective,
and morale is high.
3. Participated in the State's Meritorious Service Awards
Program.
4. Implemented a self-evaluation component to the annual
performance evaluation process.
5. Continued Employee of the Month awards to recognize exemplary
work product or extraordinary effort by an employee in each
Bureau; and established quarterly Bureau Awards for outstanding
contributions to the Office as a whole.
6. Continued monthly Office meetings in each Bureau.
7. Continued weekly telephone conference calls with Bureau
command staff (Chief Assistants) to enhance communication between
the Bureaus; and established periodic conference calls for the
Administrative Secretaries of each Bureau.
8. Held quarterly Bureau Chiefs' meetings for the discussion of
major legal and policy issues.
9. Continued circulation of the Office-wide monthly newsletter.
10. Created position of Investigation/Litigation Coordinator,
with approved job description.
11. Developed duties of "appellate coordinator";
planning to assign an Assistant Statewide Prosecutor to serve in
this capacity.
B. Facilities
Moved the Central Florida Bureau to a new location upon
expiration of prior lease, pursuant to State leasing procedures.
C. Records
The Office continued its refinement of the automated Case
Tracking Systems, adding data fields for case transfers and the
capturing of additional information on each case.
The Office also embarked upon the design and implementation of
PC-based Local Area and Wide Area Network Systems, to allow for
direct communication, data transfer, and document transmission
between the Bureaus, and to afford communication with our lead
investigating agency. Working with FDLE and taking advantage of
existing network lines and equipment, the Office developed a
system for a fraction of the cost proposed by commercial vendors.
The two members of the Office responsible for the project, the
Chief Assistant of the North Florida Bureau and the Executive
Assistant to the Statewide Prosecutor, volunteered for training
in computer networking systems. As a result of their hard work
and ingenuity, they received a Davis Productivity Award for their
proposal, which will not only greatly increase the efficiency of
the Office in the handling of cases, but will also greatly reduce
the costs associated with fax machines, long-distance telephone
calls, and overnight mail. The plan received the approval of the
Governor's Office and the Information Resource Commission (IRC).
The Office is seeking funding from the Legislature to completely
operationalize the system in FY 1994-1995.
D. Planning
Pursuant to Chapter 186, Florida Statutes, the Office submitted
its Agency Strategic Plan for 1993-1998, which includes priority
issues, program objectives, trends and conditions, performance
measures, and implementing strategies. The plan was favorably
received by the Office of the Governor and "key
stakeholders." (A copy of the Plan is available upon
request.)
In 1993, the Office conducted its first in-house strategic
planning meetings. The initial session was held during the annual
training conference, with follow-up discussions in the Bureaus.
The sessions consisted of issue identification, force field
analysis, and goal setting. Every member of the Office
participated in the process. Based on the enthusiastic response,
the Office plans to build on these efforts in 1994.
E. Audits
The Auditor General began conducting a program performance audit
in January 1992. The audit period covers July 1, 1989 through
March 15, 1992. The report was issued in early 1993.
The Auditor General found that the Office is meeting its
legislative mandate in all essential aspects of its performance:
investigation, prosecution, cooperation with law enforcement
agencies, and development of performance measures. The audit
revealed a 96% conviction rate during the audit period. The
Auditor recommended that the Office convert one or more existing
attorney positions to investigative positions for increased
efficiency, to continue pursuit of broader jurisdictional
mandates in the area of sales tax violations and environmental
offenses, and to continue developing valid performance measures.
The Office agreed to the findings and submitted the report
required by law setting forth progress toward implementation of
the recommendations within six months after review. Copies of the
report and response are available upon request.
The Office is comprised of the Statewide
Prosecutor, an Executive Assistant, four Chief Assistant
Statewide Prosecutors, seventeen Assistant Statewide Prosecutors,
nine Executive Secretaries, two temporary Secretaries (OPS), and
a Senior Clerk (OPS). In 1993, the Office operated five regional
Bureaus around the State. The Bureaus are located in Tallahassee
(North Florida Bureau), Jacksonville (Northeast Florida Bureau),
Orlando (Central Florida Bureau), Tampa (West Florida Bureau),
and Hollywood (South Florida Bureau). The Executive Office is in
the North Florida Bureau in Tallahassee.
The annual general revenue appropriation to fund the Office for
fiscal year 1993-1994 was $1,836,234.00. This was supplemented by
a federal grant administered by the Department of Community
Affairs in the amount of $334,236.00 for narcotics prosecutions.
This combined total pays salaries, operating expenses, expert
witness fees, court reporter bills, and travel expenses. The
Office also receives an appropriation from the State Courts in
the amount of $158,000 to fund the investigations and operations
of the Statewide Grand Jury. These amounts represent a
continuation budget from the preceding fiscal year, with the
addition of two FTE's based on workload. As a result of being
heavily "lapsed," these two positions have not yet been
filled.
Based upon a statistical analysis of 1993 attorney time records,
the Office's 22 prosecutors worked a combined annual overtime
total of 3853.5 hours above the required 40 hour work week. As
Select Exempt employees, attorneys are not compensated
financially for this extra work. Therefore, at an average hourly
rate of $33.59 (salary plus benefits), this amounts to an added
value of $129,439 to the taxpayers.
For the third straight year, the management and staff of the
Office made every effort to economize. These efforts include:
-charging defendants a per page copying fee for extensive case
related discovery documents;
-taking tape recorded statements during investigations, rather
than utilizing the services of a court reporter;
-scheduling more than one court appearance in the same location
or temporarily transferring case responsibilities to afford
coverage of court hearings at minimal cost;
-utilizing telephone conferences with the courts where permitted;
-renting automobiles at the sub-compact car rental rate, even
though the compact rate is considered the state standard, for a
$5 per day savings;
-using state motor pool vehicles whenever possible;
-declining Class C meal allowances for travel on short day trips;
-absorbing the expense of many educational seminars.
As an example, the car rental cost reduction effort alone
resulted in a savings of almost $1200 during calendar year 1993.
The Office continued its policy of seeking assessment of the
costs of prosecution against convicted criminal defendants,
pursuant to Section 939.01, Florida Statutes. Assistant Statewide
Prosecutors are required to include this request in sentencing
recommendations to the court. A computerized data base has been
developed to record the assessments on a per-case, per-defendant
basis. Through the adoption of clear administrative guidelines,
the Office has achieved improved efficiency in its investigative
activity. An analysis was recently conducted to determine the
average length of time necessary to investigate cases which
resulted in criminal charges. In fiscal year 1990-1991, the
average case took 180 days from the point of referral to the
filing of charges. In fiscal year 1991-1992, the average case
took 124 days from the point of referral to the filing of
charges. In fiscal year 1992-1993, this time was reduced to an
average of 76 days. The addition of litigation support personnel
will significantly enrich the overall performance of the Office,
from the investigative stage to the point of conviction.
In 1991, the Office established the goal of
increased involvement in the investigation and prosecution of
large-scale consumer fraud. In 1992, a larger portion of the
Office's resources were committed to fraud cases than any other
single subject area. The creation of the Telemarketing Fraud Task
Force and the work produced in 1993 confirms the direction the
Office is taking in this regard. The Office will continue to work
closely with other agencies to prosecute those entities intent on
taking financial advantage of the citizens of this State.
Insurance fraud and health care fraud will be top priorities in
1994.
In 1991, the Office sought increased involvement in the field of
environmental prosecutions. Recognized for its efforts by the
Florida Game and Fresh Water Fish Commission, the Office
continued to receive referrals of environmental cases from
regulatory and law enforcement agencies in 1992. The first
training conference sponsored and organized by the Office since
its inception, addressed the special legal requirements for
investigations and prosecutions in this field. In 1992, the
Governor expressed favorable consideration of the Office's
request for additional resources to pursue its statewide
environmental initiatives. Although the Office received no
additional funding dedicated to this effort, the Office continues
its commitment to environmental protection.
The Office continues to work on the creation and implementation
of a statewide corporate criminal database for recording,
analyzing and investigating leads relative to the criminal
activity of the State's corporate criminals. The need for such a
system has become increasingly acute as the Office continues to
pursue business entities capable of changing structure and
identity with the filing of a few documents. A record of
corporate criminal convictions is also essential to effective law
enforcement, prosecution, and punishment of the offending
corporate citizen. This project, conceived in 1992, received
tremendous response from the law enforcement community in 1993.
Legislative proposals are being drafted as this report goes to
print. The Office will continue this effort through 1994.
The Office continues to explore solutions to the problems caused
by venue requirements in the prosecution of racketeering
offenses. In some instances, prosecutions of a group or entity
must be severed by count for trial in many different locations,
or counts must be abandoned in order to conduct a single
prosecution. Legislative support for change in this area is being
sought to create a more efficient criminal justice system, while
still respecting the rights of individuals.
The Office plans to continue its prosecutor and law enforcement
education efforts. The experience gained in the production of the
Environmental Prosecutions seminar in 1992, led to a surge of
training initiatives in 1993. The Office plans to continue these
efforts for the benefit of the law enforcement community in 1994.
In the administrative area, the Office plans to fill the
investigator/litigation coordinator position, to work in
conjunction with a paralegal, for increased efficiency in
investigations and trial preparation. The appellate coordinator
duties will be assumed by an Assistant Statewide Prosecutor in
the South Florida Bureau. Plans are being made for assignment of
training coordination duties to an Executive Secretary/Assistant
Statewide Prosecutor team, and for in-house EEOC and ADA
compliance review.
In 1991, the Office developed a computerized case related data
storage and retrieval system. In 1992, the case management system
became fully operational. In 1993, the system was refined for
greater efficiency. It now provides a solid framework for
planning and budgeting the operations of the Office. In 1994, the
Office plans to improve its overall computer technology and
capability, by establishing local and wide area network systems,
if funding is provided by the Legislature.


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