HB 1593

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

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