The statewide grand jury empanelled in late 2009 by then-Florida governor
Charlie Crist to address issues of the public's confidence in government
employees and elected officials has issued its first set of recommendations.
The grand jury was convened by a Florida Supreme Court order with the
following assignment: to examine the prevalence of crimes such as bribery,
falsifying records, official misconduct, extortion, unlawful compensation
for official behavior, threats against public servants and misuse of confidential
information.
A grand jury in Florida consists of at least 15 and not more than 21 members
selected at random from a list of Florida residents who are U.S. citizens
and at least 18 years old. In its first interim report, issued in December
2010, the Statewide Grand Jury outlined legislative changes that are recommended
to strengthen existing civil and criminal laws to combat
public corruption in the State of Florida. Its first recommendations include:
- Expanding the definition of "public employee" to include private
contractors employed by government entities to carry out government services
- Increasing sentences imposed on officials who exploit a public position
to facilitate a crime
- Creating an independent State Office of Inspector General to oversee Inspectors
General statewide
- Expanding the definition of criminal bid tampering to include schemes that
involve bid-rigging
- Empowering the Florida Commission on Ethics to initiate investigations
with a supermajority vote of commission members
Governor Crist's inspiration for the grand jury was a series of high-profile
arrests of local politicians in Broward and Palm Beach counties. But while
these recommendations suggest significant changes in Florida criminal
law and public corruption enforcement, one commentator downplayed the
impact. "It's very easy to make these recommendations but you
have to have the political will to make the changes, you have to have
the tax dollars to pay for the increased scrutiny, and you have to have
the public clamoring for change," Bob Jarvis, a law professor at
Nova Southeastern University, told the Sun Sentinel.
Public Corruption Charges: The Importance of a Swift Criminal Defense
Any public official or government employee who gets wind of an investigation
scrutinizing his or her actions must not hesitate in seeking comprehensive
legal advice. As a case progresses, the likelihood of trial-by-media becomes
increasingly likely, and a criminal defense attorney can act quickly and
discreetly in seeking to minimize the collateral damage.
Because these cases tend to involve complex areas of law —
RICO/racketeering laws, campaign finance statutes, government contracts and
tax fraud are a few common examples — criminal defense experience and advanced
legal resources are critical. Whether the case may proceed in state or
federal court, it is essential to have an immediate consultation with
a Florida criminal defense attorney who understands public corruption
investigations and prosecutions.