| 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: |
| 19 |
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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. |