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FL H0581

Bill

Status

Passed

3/27/2018

Primary Sponsor

Criminal Justice Subcommittee

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • 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)

  • 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

  • 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

  • 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

  • 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

  • Takes effect October 1, 2018

Legislative Description

Subpoenas in Investigations of Sexual Offenses

Last Action

Chapter No. 2018-93

3/27/2018

Committee Referrals

Criminal Justice3/1/2018
Judiciary1/29/2018
Criminal Justice Subcommittee11/15/2017

Full Bill Text

No bill text available