Senate Bill sb2322
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Florida Senate - 2006 SB 2322
By Senator Crist
12-1184B-06
1 A bill to be entitled
2 An act relating to cybercrime; creating s.
3 16.61, F.S.; creating the Cybercrime Office in
4 the Department of Legal Affairs; authorizing
5 the office to investigate certain violations of
6 state law pertaining to the sexual exploitation
7 of children; providing that investigators
8 employed by the office are law enforcement
9 officers of the state; authorizing the Attorney
10 General to carry out certain duties and
11 responsibilities; requiring the Attorney
12 General to provide notice of an arrest to the
13 local sheriff; providing an effective date.
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15 WHEREAS, computers or devices capable of storing
16 electronic data are being used increasingly for the criminal
17 purposes of spreading child pornography and engaging in the
18 sexual exploitation and predation of children in this state,
19 and
20 WHEREAS, special training and expertise is needed for
21 the effective investigation of these crimes, and
22 WHEREAS, the impact of these crimes stretches across
23 all jurisdictions of this state thus creating unique burdens
24 on local law enforcement agencies and local prosecutors, NOW,
25 THEREFORE,
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27 Be It Enacted by the Legislature of the State of Florida:
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29 Section 1. Section 16.61, Florida Statutes, is created
30 to read:
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Florida Senate - 2006 SB 2322
12-1184B-06
1 16.61 Cybercrime Office.--There is created in the
2 Department of Legal Affairs the Cybercrime Office. This office
3 may investigate violations of state law pertaining to the
4 sexual exploitation of children which are facilitated by or
5 connected to the use of any device capable of storing
6 electronic data.
7 (1) Investigators employed by the Cybercrime Office
8 certified in accordance with s. 943.1395 are law enforcement
9 officers of the state. Investigators shall have authority to
10 conduct criminal investigations, bear arms, make arrests, and
11 apply for, serve, and execute search warrants, arrest
12 warrants, capias, and all necessary service of process
13 throughout the state.
14 (2) In carrying out the duties and responsibilities of
15 this section, the Attorney General, or any duly designated
16 employee, may:
17 (a) Subpoena witnesses or materials within or outside
18 the state, administer oaths and affirmations, and collect
19 evidence for possible use in civil or criminal judicial
20 proceedings.
21 (b) Seek any civil remedy provided by law, including,
22 but not limited to, a remedy provided under s. 932.701.
23 (3) The Attorney General, or any duly designated
24 employee, shall provide notice to the local sheriff, or his or
25 her designee, of any arrest effected by the Cybercrime Office.
26 Section 2. This act shall take effect July 1, 2006.
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Florida Senate - 2006 SB 2322
12-1184B-06
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2 SENATE SUMMARY
3 Creates the Cybercrime Office in the Department of Legal
Affairs. Authorizes the office to investigate certain
4 violations of state law pertaining to the sexual
exploitation of children. Provides that investigators
5 employed by the office are law enforcement officers of
the state. Authorizes the Attorney General to carry out
6 certain duties and responsibilities. Requires the
Attorney General to provide notice of an arrest to the
7 local sheriff.
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