William Shepherd and Jeff Schacknow of Holland & Knight's West Palm Beach office.

In a bold move to re-engage a powerful tool for change, Gov. Ron DeSantis petitioned the Florida Supreme Court to empanel a statewide grand jury. Empaneled in Fort Lauderdale and called for on the one-year anniversary of the tragedy at Marjory Stoneman Douglas High School, this statewide grand jury will begin its focus on school safety and related issues. A statewide grand jury hasn't been convened for eight years, but despite being kept on the shelf, the statewide grand jury remains both effective and unique in its ability to review important issues for Florida, and DeSantis is smart to deploy it.

In his petition, DeSantis writes that the mass murder committed last year at Stoneman Douglas while deeply “tragic,” is all the more unfortunate because it was “avoidable.” Consequently, his petition asked the Florida Supreme Court to empanel a statewide grand jury to determine whether any public officials (and specifically those with oversight over public education resources) committed malfeasance that led to last year's tragedy and could lead to a similar tragedy in the future. The petition notes that “patterns of fraud and deceit by public entities shirking responsibility may exist and repeat throughout the state.”

The Office of Statewide Prosecution, with offices and prosecutors throughout Florida, will lead the investigation and serve as the statewide grand jury's legal adviser. Because the statewide grand jury has a jurisdiction that traverses the state, DeSantis' petition highlights that the investigation will not be “limited to any particular region.” Even though the event that gave rise to the empanelment was in Broward County, the statewide grand jurors may seek evidence around the state or even seek input from experts around the nation to help them address the topic.

While the grand juries we think of typically convene for the purpose of considering evidence to decide whether or not to issue indictments, the statewide grand jury has an additional purpose and power. The statewide grand jury can use its subpoena power to call in experts on a wide range of relevant topics to consider changes throughout the system. The governor's call looks to examine administrator oversight over the existing resources, but may also look at smarter ways to deploy safety resources, safer building design, juvenile mental health issues, and other areas that touch on the overall issue of public safety in school settings and how our public officials can perform their roles better. In instances where some of those officials have failed us all—the grand jury can help hold them accountable.

The statewide grand jury was created decades ago and predates even the Office of Statewide Prosecution. Before it became a regular feature of state enforcement, it was deployed sporadically and led by one of the state attorneys on a rotating basis. As it proved its worth over time, the voters created the Office of Statewide Prosecution in Florida's Constitution, and it took its current form.

The statewide grand jury has looked at issues of public corruption, health care fraud, gang violence, money laundering and other timely issues. It has brought indictments against some of the most violent in our communities and those who have betrayed our trust. The statewide grand jury has led to changes in our state's criminal laws and our regulatory structures to better address problems as they have matured and developed. Its recommendations, however, are not confined to legislative changes, but often propose regulatory efforts, retraining, or even government reorganization. Its ultimate tool is the indictment, but its lasting impact comes in the form of its presentment and calls for change.

DeSantis has identified this powerful tool in the state's arsenal and has called for its deployment. Working with Attorney General Ashley Moody, statewide prosecutor Nick Cox and experts around the country, it will come up with thoughtful recommendations that will have impact. As it proves its mettle in Fort Lauderdale, hopefully it will be called upon to assist us with other topics that face our state in the future.

Last year's tragedy will never be forgotten. And, sadly, we cannot bring back the lives lost. But what we can do is make sure those lives were not lost in vain. To that end, DeSantis should be applauded for convening this statewide grand jury. If we can figure out what missteps led to the events at Marjory Stoneman Douglas High School, then we can take corrective action to prevent those same missteps in the future. The statewide grand jury is a powerful force to identify those missteps and remediate the causes. It will protect Florida going forward.

William Shepherd is executive partner of Holland & Knight's West Palm Beach office and a member of the firm's white collar defense and investigations team. Prior to joining the firm, Shepherd served as Florida's statewide prosecutor and was responsible for overseeing the last statewide grand jury.

Jeff Schacknow is an associate in the firm's West Palm Beach office and also focuses his practice on white collar criminal defense.