CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 895

    Amendment No. 3 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Criminal Justice Appropriations offered the

12  following:

13

14         Amendment (with title amendment) 

15         On page 4, between lines 10 and ll of the bill

16

17  insert:

18         (6)  SEARCHES AND SEIZURES BY LAW ENFORCEMENT OFFICERS

19  AND EMPLOYEES IN CONNECTION WITH INVESTIGATION OR

20  PROSECUTION--Notwithstanding any other law, it shall be

21  unlawful for a government officer or employee, in connection

22  with the investigation or prosecution of a criminal offense

23  under this section, to search for or seize any materials

24  reasonably believed to be possessed by a person for the lawful

25  purpose of disseminating to the public, a newspaper, book,

26  broadcast, or other similar form of public communication, but

27  this provision shall not impair or affect the ability of any

28  government officer of employee, if:

29         (a)  The materials in question constitute child

30  pornography or are obscene; or

31         (b)  There is probable cause to believe that a person

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    File original & 9 copies    04/19/00
    hap0025                     01:06 pm         00895-cj  -962795




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 895

    Amendment No. 3 (for drafter's use only)





 1  possessing such materials has committed or is committing a

 2  criminal offense and the materials are evidence of said

 3  offense; or

 4         (c)  There is reason to believe that the immediate

 5  seizure of such materials is necessary to prevent the death

 6  of, or serious injury to, a human being; or

 7         (d)  There is a reason to believe that the giving of

 8  notice pursuant to a subpoena duces tecum would result in the

 9  destruction, alteration, or concealment of such materials; or

10         (e)  Such materials have not been produced in response

11  to a court order directing compliance with a subpoena duces

12  tecum, and

13         1.  All appellate remedies have been exhausted; or

14         2.  There is reason to believe that the delay in an

15  investigation or trial occasioned by further proceedings

16  relating to the subpoena would threaten the interests of

17  justice.

18         (7)  ACTIONS ARISING UNDER THIS SECTION--

19         (a)  The sole and exclusive right of action for the

20  willful and knowing failure to make a report pursuant to the

21  requirements of this section is a criminal prosecution

22  pursuant to subsection (5).

23         (b)  A person aggrieved by a search for or seizure of

24  materials in violation of subsection (6) of this section shall

25  have a civil cause of action for damages for such search for

26  or seizure against:

27         1.  Any governmental unit, which shall be liable for

28  violations of this section by their officers or employees

29  while acting within the scope or under color of their office

30  or employment; and

31         2.  Against an officer or employee of a governmental

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 895

    Amendment No. 3 (for drafter's use only)





 1  unit who has violated this section while acting within the

 2  scope or under color of his office or employment.

 3

 4  The remedy provided in this paragraph is exclusive of any

 5  other civil action or proceeding for conduct constituting a

 6  violation of this section, against the officer or employee

 7  whose violation gave rise to the claim, against the estate of

 8  such officer or employee, or against the governmental unit

 9  employing such officer or employee.

10         (c)  It shall be a complete defense to a civil action

11  brought under paragraph (b) of this subsection that the

12  officer or employee had a reasonable good faith belief in the

13  lawfulness of his or her conduct.

14         (d)  A governmental unit liable for violations of this

15  section may not assert as a defense to a claim arising under

16  this section the immunity of the officer or employee whose

17  violation is complained of or his or her reasonably-good faith

18  belief in the lawfulness of his or her conduct, except that

19  such a defense may be asserted if the violation complained of

20  is that of a judicial officer.

21         (e)  Evidence otherwise admissible in a proceeding

22  shall not be excluded on the basis of a violation of this

23  section.

24         (f)  A person having a cause of action under this

25  subsection shall be entitled to recover actual damages but not

26  less than liquidated damages of $1,000, and such reasonable

27  attorneys' fees and other litigation costs reasonably incurred

28  as the court, in its discretion, may award, however there

29  shall be no liability for interest prior to judgment.

30         (g)  The Florida Department of Law Enforcement, in

31  cooperation with the Office of the Statewide Prosecutor, shall

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 895

    Amendment No. 3 (for drafter's use only)





 1  publish recommended regulations and procedures for the

 2  investigation and prosecution of offenses arising under this

 3  section.

 4

 5

 6  ================ T I T L E   A M E N D M E N T ===============

 7  And the title is amended as follows:

 8         On page 1, line 19

 9

10  after the word "rules" insert:

11         relating to documenting reports; limiting

12         searches and seizures by law enforcement

13         officers and government employees in connection

14         with investigation or prosecution; providing

15         actions and remedies pursuant to a violation of

16         this act; requiring the Florida Department of

17         Law Enforcement, in cooperation with the Office

18         of the Statewide Prosecutor, to publish

19         recommended regulations and procedures for

20         investigation and prosecution of offenses

21         arising under this act

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    hap0025                     01:06 pm         00895-cj  -962795