Florida Grand Jury Calls for Tougher Public Corruption Laws

February 18, 2011

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.

Article provided by Rothman & Associates, P.A.
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