| 1 | The Justice Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to cybercrime; creating s. 16.61, F.S.; |
| 7 | creating the Cybercrime Office within the Department of |
| 8 | Legal Affairs; authorizing the office to investigate |
| 9 | certain violations of state law pertaining to the sexual |
| 10 | exploitation of children; providing that investigators |
| 11 | employed by the office are law enforcement officers of the |
| 12 | state; authorizing the Attorney General to carry out |
| 13 | certain duties and responsibilities; requiring the |
| 14 | Attorney General to provide notice of an arrest to the |
| 15 | local sheriff; providing an effective date. |
| 16 |
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| 17 | WHEREAS, computers or devices capable of storing electronic |
| 18 | data are being used increasingly for the criminal purposes of |
| 19 | spreading child pornography and engaging in the sexual |
| 20 | exploitation and predation of children in this state, and |
| 21 | WHEREAS, special training and expertise is needed for the |
| 22 | effective investigation of these crimes, and |
| 23 | WHEREAS, the impact of these crimes stretches across all |
| 24 | jurisdictions of this state, thus creating unique burdens on |
| 25 | local law enforcement agencies and local prosecutors, NOW, |
| 26 | THEREFORE, |
| 27 |
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| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. Section 16.61, Florida Statutes, is created to |
| 31 | read: |
| 32 | 16.61 Cybercrime Office.--There is created in the |
| 33 | Department of Legal Affairs the Cybercrime Office. This office |
| 34 | may investigate violations of state law pertaining to the sexual |
| 35 | exploitation of children that are facilitated by or connected to |
| 36 | the use of any device capable of storing electronic data. |
| 37 | (1) Investigators employed by the Cybercrime Office who |
| 38 | are certified in accordance with s. 943.1395 are law enforcement |
| 39 | officers of the state. Investigators shall have authority to |
| 40 | conduct criminal investigations, bear arms, make arrests, and |
| 41 | apply for, serve, and execute search warrants, arrest warrants, |
| 42 | capias, and all necessary service of process throughout the |
| 43 | state. |
| 44 | (2) In carrying out the duties and responsibilities of |
| 45 | this section, the Attorney General, or any duly designated |
| 46 | employee, may: |
| 47 | (a) Subpoena witnesses or materials within or outside the |
| 48 | state, administer oaths and affirmations, and collect evidence |
| 49 | for possible use in civil or criminal judicial proceedings. |
| 50 | (b) Seek any civil remedy provided by law, including, but |
| 51 | not limited to, a remedy provided under s. 932.703. |
| 52 | (3) The Attorney General, or any duly designated employee, |
| 53 | shall provide notice to the local sheriff, or his or her |
| 54 | designee, of any arrest effected by the Cybercrime Office. |
| 55 | Section 2. This act shall take effect July 1, 2006. |