Senate Bill sb2322c1

    Florida Senate - 2006                           CS for SB 2322

    By the Committee on Judiciary; and Senator Crist





    590-2191-06

  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.

14  

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,

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Section 16.61, Florida Statutes, is created

30  to read:

31  

                                  1

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






    Florida Senate - 2006                           CS for SB 2322
    590-2191-06




 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. 932.703.

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.

27  

28          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
29                         Senate Bill 2322

30                                 

31  The committee substitute clarifies a statutory reference to
    the Florida Contraband Forfeiture Act.
                                  2

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