1 | A bill to be entitled |
2 | An act relating to cybercrime; creating s. 16.61, F.S.; |
3 | creating a Cybercrime Unit within the Department of Legal |
4 | Affairs; providing for powers, duties, and personnel of |
5 | the unit; requiring notice to sheriffs of arrests by the |
6 | unit in their jurisdictions; providing an effective date. |
7 |
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8 | WHEREAS, the use of computers or devices capable of storing |
9 | electronic data for the criminal purposes of spreading child |
10 | pornography and engaging in the sexual exploitation and |
11 | predation of children has greatly increased in this state, and |
12 | WHEREAS, special training and expertise is needed for the |
13 | effective investigation of these crimes, and |
14 | WHEREAS, the impact of these crimes stretches across all |
15 | jurisdictions of this state creating unique burdens on local law |
16 | enforcement and local prosecutors, NOW, THEREFORE, |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
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20 | Section 1. Section 16.61, Florida Statutes, is created to |
21 | read: |
22 | 16.61 Cybercrime Unit.-- |
23 | (1) A Cybercrime Unit is created in the Department of |
24 | Legal Affairs. This office may investigate alleged violations of |
25 | state law pertaining to sexual exploitation and predation of |
26 | children that is either facilitated by or connected to the use |
27 | of any device capable of storing electronic data. |
28 | (2) Investigators employed by the Cybercrime Unit who are |
29 | certified in accordance with s. 943.1395 shall be law |
30 | enforcement officers of the state. These investigators shall |
31 | have the authority to conduct criminal investigations; bear |
32 | arms; make arrests; and apply for, serve, and execute search |
33 | warrants, arrest warrants, capias, and all necessary service of |
34 | process throughout the state. |
35 | (3) In carrying out the duties and responsibilities of |
36 | this section, the Attorney General, or any duly designated |
37 | employee of the Cybercrime Unit, may: |
38 | (a) Subpoena witnesses or materials, within or outside the |
39 | state, administer oaths and affirmations, and collect evidence |
40 | for possible use in either civil or criminal judicial |
41 | proceedings. |
42 | (b) Seek any civil remedy provided by law, including, but |
43 | not limited to, the Florida Contraband Forfeiture Act, ss. |
44 | 932.701-932.707. |
45 | (4) The Attorney General, or a duly designated employee of |
46 | the Cybercrime Unit, shall provide notice to the local sheriff, |
47 | or his or her designee, of any arrest effected by the Cybercrime |
48 | Unit in the sheriff's jurisdiction. |
49 | Section 2. This act shall take effect upon becoming a law. |