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FL H0581
Bill
Status
3/27/2018
Primary Sponsor
Criminal Justice Subcommittee
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AI Summary
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Creates section 934.255 of Florida Statutes to establish procedures for issuing subpoenas in investigations of sexual abuse of children and certain sexual offenses listed in section 943.0435(1)(h)1.a.(I)
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Authorizes investigative and law enforcement officers to subpoena records, documents, tangible objects, and testimony from persons and entities, including electronic communication service providers and remote computing service providers
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Permits subpoena recipients to petition a court to modify or set aside the subpoena, and allows officers to retain subpoenaed records for ongoing or closed investigations that may be reopened
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Prohibits disclosure of subpoena existence for 180 days if a supervisory official certifies in writing that notification could result in adverse results including endangering safety, fleeing prosecution, destroying evidence, intimidating witnesses, or jeopardizing investigations
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Provides civil liability protections for service providers complying with subpoenas, requires reasonable compensation for expenses, mandates witness fees and mileage payments, and penalizes prohibited disclosure violations as indirect criminal contempt
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Takes effect October 1, 2018
Legislative Description
Subpoenas in Investigations of Sexual Offenses
Last Action
Chapter No. 2018-93
3/27/2018