HB 1593

1
A bill to be entitled
2An act relating to cybercrime; creating s. 16.61, F.S.;
3creating a Cybercrime Unit within the Department of Legal
4Affairs; providing for powers, duties, and personnel of
5the unit; requiring notice to sheriffs of arrests by the
6unit in their jurisdictions; providing an effective date.
7
8     WHEREAS, the use of computers or devices capable of storing
9electronic data for the criminal purposes of spreading child
10pornography and engaging in the sexual exploitation and
11predation of children has greatly increased in this state, and
12     WHEREAS, special training and expertise is needed for the
13effective investigation of these crimes, and
14     WHEREAS, the impact of these crimes stretches across all
15jurisdictions of this state creating unique burdens on local law
16enforcement and local prosecutors, NOW, THEREFORE,
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 16.61, Florida Statutes, is created to
21read:
22     16.61  Cybercrime Unit.--
23     (1)  A Cybercrime Unit is created in the Department of
24Legal Affairs. This office may investigate alleged violations of
25state law pertaining to sexual exploitation and predation of
26children that is either facilitated by or connected to the use
27of any device capable of storing electronic data.
28     (2)  Investigators employed by the Cybercrime Unit who are
29certified in accordance with s. 943.1395 shall be law
30enforcement officers of the state. These investigators shall
31have the authority to conduct criminal investigations; bear
32arms; make arrests; and apply for, serve, and execute search
33warrants, arrest warrants, capias, and all necessary service of
34process throughout the state.
35     (3)  In carrying out the duties and responsibilities of
36this section, the Attorney General, or any duly designated
37employee of the Cybercrime Unit, may:
38     (a)  Subpoena witnesses or materials, within or outside the
39state, administer oaths and affirmations, and collect evidence
40for possible use in either civil or criminal judicial
41proceedings.
42     (b)  Seek any civil remedy provided by law, including, but
43not limited to, the Florida Contraband Forfeiture Act, ss.
44932.701-932.707.
45     (4)  The Attorney General, or a duly designated employee of
46the Cybercrime Unit, shall provide notice to the local sheriff,
47or his or her designee, of any arrest effected by the Cybercrime
48Unit in the sheriff's jurisdiction.
49     Section 2.  This act shall take effect upon becoming a law.


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