Senate Bill sb0250er

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  1                                 

  2         An act relating to human trafficking; amending

  3         s. 787.06, F.S.; providing legislative findings

  4         and intent; defining the term "financial harm";

  5         redefining the term "forced labor or services"

  6         to include circumstances involving the use of

  7         fraud or coercion against a person, the use of

  8         certain debt practices, and the destruction,

  9         concealing, or withholding of a person's

10         identification documents; providing for

11         attempted human trafficking to be an equal

12         crime to human trafficking; prohibiting

13         knowingly benefiting financially or receiving

14         anything of value from human trafficking when

15         the trafficked person engages in forced labor

16         or services; providing criminal penalties;

17         requiring the Criminal Justice Standards and

18         Training Commission to establish specified

19         standards concerning human trafficking

20         programs; requiring certain law enforcement

21         officer basic skills courses to include

22         training on human trafficking crime prevention

23         and investigation; requiring state attorneys to

24         develop standards of instruction for

25         prosecutors concerning human trafficking

26         crimes; amending s. 772.102, F.S.; expanding

27         the definition of the term "criminal activity"

28         to include the offense of human trafficking and

29         the offense of sex trafficking for purposes of

30         seeking civil remedies for criminal offenses;

31         amending s. 772.104, F.S.; revising a civil


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 1         cause of action relating to injuries by reason

 2         of criminal activity; providing for alternative

 3         damages for violations relating to sex

 4         trafficking and human trafficking; amending s.

 5         895.02, F.S.; redefining the term "racketeering

 6         activity" to include the offense of human

 7         trafficking for purposes of the Florida RICO

 8         Act; reenacting ss. 655.50(3)(g),

 9         896.101(2)(g), and 905.34, F.S., relating to

10         the definition of "specified unlawful activity"

11         in a law prohibiting money laundering in

12         financial institutions and in the Florida Money

13         Laundering Act and to the subject matter

14         jurisdiction of a statewide grand jury, to

15         incorporate the amendments made to s. 895.02,

16         F.S., in references thereto; providing an

17         effective date.

18  

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

20  

21         Section 1.  Section 787.06, Florida Statutes, is

22  amended to read:

23         787.06  Human trafficking.--

24         (1)(a)  The Legislature finds that human trafficking is

25  a form of modern-day slavery. Victims of human trafficking are

26  young children, teenagers, and adults. Thousands of victims

27  are trafficked annually across international borders

28  worldwide. Many of these victims are trafficked into this

29  state. The Legislature finds that victims of human trafficking

30  are subjected to force, fraud, or coercion for the purpose of

31  sexual exploitation or forced labor.


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 1         (b)  The Legislature finds that while many victims of

 2  human trafficking are forced to work in prostitution or the

 3  sexual entertainment industry, trafficking also occurs in

 4  forms of labor exploitation, such as domestic servitude,

 5  restaurant work, janitorial work, sweatshop factory work, and

 6  migrant agricultural work.

 7         (c)  The Legislature finds that traffickers use various

 8  techniques to instill fear in victims and to keep them

 9  enslaved. Some traffickers keep their victims under lock and

10  key. However, the most frequently used practices are less

11  obvious techniques that include isolating victims from the

12  public and family members; confiscating passports, visas, or

13  other identification documents; using or threatening to use

14  violence toward victims or their families; telling victims

15  that they will be imprisoned or deported for immigration

16  violations if they contact authorities; and controlling the

17  victims' funds by holding the money ostensibly for

18  safekeeping.

19         (d)  It is the intent of the Legislature that the

20  perpetrators of human trafficking be penalized for their

21  illegal conduct and that the victims of trafficking be

22  protected and assisted by this state and its agencies. In

23  furtherance of this policy, it is the intent of the

24  Legislature that the state Supreme Court, The Florida Bar, and

25  relevant state agencies prepare and implement training

26  programs in order that judges, attorneys, law enforcement

27  personnel, investigators, and others are able to identify

28  traffickers and victims of human trafficking and direct

29  victims to appropriate agencies for assistance. It is the

30  intent of the Legislature that the Department of Children and

31  Family Services and other state agencies cooperate with other


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 1  state and federal agencies to ensure that victims of human

 2  trafficking can access social services and benefits to

 3  alleviate their plight.

 4         (2)(1)  As used in this section, the term:

 5         (a)  "Financial harm" includes extortionate extension

 6  of credit, loan sharking as defined in s. 687.071, or

 7  employment contracts that violate the statute of frauds as

 8  provided in s. 725.01.

 9         (b)  "Forced labor or services" means labor or services

10  obtained from a person by:

11         1.  Using or threatening to use physical force against

12  that person or another person; or

13         2.  Restraining, isolating, or confining or threatening

14  to restrain, isolate, or confine that person or another person

15  without lawful authority and against her or his will;.

16         3.  Using lending or other credit methods to establish

17  a debt by that person or another person when labor or services

18  are pledged as a security for the debt, if the value of the

19  labor or services as reasonably assessed is not applied toward

20  the liquidation of the debt, the length and nature of the

21  labor, or services are not respectively limited and defined;

22         4.  Destroying, concealing, removing, confiscating,

23  withholding, or possessing any actual or purported passport,

24  visa, or other immigration document, or any other actual or

25  purported government identification document, of that person

26  or another person;

27         5.  Causing or threatening to cause financial harm to

28  any person; or

29         6.  Fraud or coercion.

30  

31  


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 1         (c)(b)  "Human trafficking" means transporting,

 2  soliciting, recruiting, harboring, providing, or obtaining

 3  another person for transport.

 4         (d)  "Maintain," when used in relation to labor

 5  services, means to secure continued performance thereof,

 6  regardless of any initial agreement on the part of the victim

 7  to perform such type service.

 8         (3)(2)  Any person who knowingly:

 9         (a)  Engages, or attempts to engage,  in human

10  trafficking with the intent or knowledge that the trafficked

11  person will be subjected to engage in forced labor or

12  services; or

13         (b)  Benefits financially by receiving anything of

14  value from participation in a venture that has subjected a

15  person to forced labor or services;

16  

17  commits a felony of the second degree, punishable as provided

18  in s. 775.082, s. 775.083, or s. 775.084.

19         (4)  The Criminal Justice Standards and Training

20  Commission shall establish standards for basic and advanced

21  training programs for law enforcement officers in the subjects

22  of investigating and preventing human trafficking crimes.

23  After January 1, 2007, every basic skills course required for

24  law enforcement officers to obtain initial certification must

25  include training on human trafficking crime prevention and

26  investigation.

27         (5)  Each state attorney shall develop standards of

28  instruction for prosecutors to receive training on the

29  investigation and prosecution of human trafficking crimes and

30  shall provide for periodic and timely instruction.

31  


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 1         Section 2.  Subsection (1) of section 772.102, Florida

 2  Statutes, is amended to read:

 3         772.102  Definitions.--As used in this chapter, the

 4  term:

 5         (1)  "Criminal activity" means to commit, to attempt to

 6  commit, to conspire to commit, or to solicit, coerce, or

 7  intimidate another person to commit:

 8         (a)  Any crime that which is chargeable by indictment

 9  or information under the following provisions:

10         1.  Section 210.18, relating to evasion of payment of

11  cigarette taxes.

12         2.  Section 414.39, relating to public assistance

13  fraud.

14         3.  Section 440.105 or s. 440.106, relating to workers'

15  compensation.

16         4.  Part IV of chapter 501, relating to telemarketing.

17         5.  Chapter 517, relating to securities transactions.

18         6.  Section 550.235, s. 550.3551, or s. 550.3605,

19  relating to dogracing and horseracing.

20         7.  Chapter 550, relating to jai alai frontons.

21         8.  Chapter 552, relating to the manufacture,

22  distribution, and use of explosives.

23         9.  Chapter 562, relating to beverage law enforcement.

24         10.  Section 624.401, relating to transacting insurance

25  without a certificate of authority, s. 624.437(4)(c)1.,

26  relating to operating an unauthorized multiple-employer

27  welfare arrangement, or s. 626.902(1)(b), relating to

28  representing or aiding an unauthorized insurer.

29         11.  Chapter 687, relating to interest and usurious

30  practices.

31  


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 1         12.  Section 721.08, s. 721.09, or s. 721.13, relating

 2  to real estate timeshare plans.

 3         13.  Chapter 782, relating to homicide.

 4         14.  Chapter 784, relating to assault and battery.

 5         15.  Chapter 787, relating to kidnapping or human

 6  trafficking.

 7         16.  Chapter 790, relating to weapons and firearms.

 8         17.  Section 796.03, s. 796.04, s. 796.045, s. 796.05,

 9  or s. 796.07, relating to prostitution.

10         18.  Chapter 806, relating to arson.

11         19.  Section 810.02(2)(c), relating to specified

12  burglary of a dwelling or structure.

13         20.  Chapter 812, relating to theft, robbery, and

14  related crimes.

15         21.  Chapter 815, relating to computer-related crimes.

16         22.  Chapter 817, relating to fraudulent practices,

17  false pretenses, fraud generally, and credit card crimes.

18         23.  Section 827.071, relating to commercial sexual

19  exploitation of children.

20         24.  Chapter 831, relating to forgery and

21  counterfeiting.

22         25.  Chapter 832, relating to issuance of worthless

23  checks and drafts.

24         26.  Section 836.05, relating to extortion.

25         27.  Chapter 837, relating to perjury.

26         28.  Chapter 838, relating to bribery and misuse of

27  public office.

28         29.  Chapter 843, relating to obstruction of justice.

29         30.  Section 847.011, s. 847.012, s. 847.013, s.

30  847.06, or s. 847.07, relating to obscene literature and

31  profanity.


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 1         31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

 2  or s. 849.25, relating to gambling.

 3         32.  Chapter 893, relating to drug abuse prevention and

 4  control.

 5         33.  Section 914.22 or s. 914.23, relating to

 6  witnesses, victims, or informants.

 7         34.  Section 918.12 or s. 918.13, relating to tampering

 8  with jurors and evidence.

 9         (b)  Any conduct which is subject to indictment or

10  information as a criminal offense and listed in 18 U.S.C. s.

11  1961(1) (A), (B), (C), or (D).

12         Section 3.  Section 772.104, Florida Statutes, is

13  amended to read:

14         772.104  Civil cause of action.--

15         (1)  Any person who proves by clear and convincing

16  evidence that he or she has been injured by reason of any

17  violation of the provisions of s. 772.103 shall have a cause

18  of action for threefold the actual damages sustained and, in

19  any such action, is entitled to minimum damages in the amount

20  of $200, and reasonable attorney's fees and court costs in the

21  trial and appellate courts.

22         (2)  As an alternative to recovery under subsection

23  (1), any person who proves by clear and convincing evidence

24  that he or she has been injured by reason of any violation of

25  the provisions of s. 772.103 due to sex trafficking or human

26  trafficking shall have a cause of action for threefold the

27  amount gained from the sex trafficking or human trafficking

28  and in any such action is entitled to minimum damages in the

29  amount of $200 and reasonable attorney's fees and court costs

30  in the trial and appellate courts.

31  


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 1         (3)  In no event shall punitive damages be awarded

 2  under this section. The defendant shall be entitled to recover

 3  reasonable attorney's fees and court costs in the trial and

 4  appellate courts upon a finding that the claimant raised a

 5  claim which was without substantial fact or legal support. In

 6  awarding attorney's fees and costs under this section, the

 7  court shall not consider the ability of the opposing party to

 8  pay such fees and costs. Nothing under this section shall be

 9  interpreted as limiting any right to recover attorney's fees

10  or costs provided under other provisions of law.

11         Section 4.  Subsection (1) of section 895.02, Florida

12  Statutes, as amended by section 3 of chapter 2005-362, Laws of

13  Florida, is amended to read:

14         895.02  Definitions.--As used in ss. 895.01-895.08, the

15  term:

16         (1)  "Racketeering activity" means to commit, to

17  attempt to commit, to conspire to commit, or to solicit,

18  coerce, or intimidate another person to commit:

19         (a)  Any crime that which is chargeable by indictment

20  or information under the following provisions of the Florida

21  Statutes:

22         1.  Section 210.18, relating to evasion of payment of

23  cigarette taxes.

24         2.  Section 403.727(3)(b), relating to environmental

25  control.

26         3.  Section 409.920 or s. 409.9201, relating to

27  Medicaid fraud.

28         4.  Section 414.39, relating to public assistance

29  fraud.

30         5.  Section 440.105 or s. 440.106, relating to workers'

31  compensation.


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 1         6.  Section 443.071(4), relating to creation of a

 2  fictitious employer scheme to commit unemployment compensation

 3  fraud.

 4         7.  Section 465.0161, relating to distribution of

 5  medicinal drugs without a permit as an Internet pharmacy.

 6         8.  Sections 499.0051, 499.0052, 499.00535, 499.00545,

 7  and 499.0691, relating to crimes involving contraband and

 8  adulterated drugs.

 9         9.  Part IV of chapter 501, relating to telemarketing.

10         10.  Chapter 517, relating to sale of securities and

11  investor protection.

12         11.  Section 550.235, s. 550.3551, or s. 550.3605,

13  relating to dogracing and horseracing.

14         12.  Chapter 550, relating to jai alai frontons.

15         13.  Section 551.109, relating to slot machine gaming.

16         14.  Chapter 552, relating to the manufacture,

17  distribution, and use of explosives.

18         15.  Chapter 560, relating to money transmitters, if

19  the violation is punishable as a felony.

20         16.  Chapter 562, relating to beverage law enforcement.

21         17.  Section 624.401, relating to transacting insurance

22  without a certificate of authority, s. 624.437(4)(c)1.,

23  relating to operating an unauthorized multiple-employer

24  welfare arrangement, or s. 626.902(1)(b), relating to

25  representing or aiding an unauthorized insurer.

26         18.  Section 655.50, relating to reports of currency

27  transactions, when such violation is punishable as a felony.

28         19.  Chapter 687, relating to interest and usurious

29  practices.

30         20.  Section 721.08, s. 721.09, or s. 721.13, relating

31  to real estate timeshare plans.


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 1         21.  Chapter 782, relating to homicide.

 2         22.  Chapter 784, relating to assault and battery.

 3         23.  Chapter 787, relating to kidnapping or human

 4  trafficking.

 5         24.  Chapter 790, relating to weapons and firearms.

 6         25.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,

 7  s. 796.05, or s. 796.07, relating to prostitution and sex

 8  trafficking.

 9         26.  Chapter 806, relating to arson.

10         27.  Section 810.02(2)(c), relating to specified

11  burglary of a dwelling or structure.

12         28.  Chapter 812, relating to theft, robbery, and

13  related crimes.

14         29.  Chapter 815, relating to computer-related crimes.

15         30.  Chapter 817, relating to fraudulent practices,

16  false pretenses, fraud generally, and credit card crimes.

17         31.  Chapter 825, relating to abuse, neglect, or

18  exploitation of an elderly person or disabled adult.

19         32.  Section 827.071, relating to commercial sexual

20  exploitation of children.

21         33.  Chapter 831, relating to forgery and

22  counterfeiting.

23         34.  Chapter 832, relating to issuance of worthless

24  checks and drafts.

25         35.  Section 836.05, relating to extortion.

26         36.  Chapter 837, relating to perjury.

27         37.  Chapter 838, relating to bribery and misuse of

28  public office.

29         38.  Chapter 843, relating to obstruction of justice.

30  

31  


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 1         39.  Section 847.011, s. 847.012, s. 847.013, s.

 2  847.06, or s. 847.07, relating to obscene literature and

 3  profanity.

 4         40.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

 5  or s. 849.25, relating to gambling.

 6         41.  Chapter 874, relating to criminal street gangs.

 7         42.  Chapter 893, relating to drug abuse prevention and

 8  control.

 9         43.  Chapter 896, relating to offenses related to

10  financial transactions.

11         44.  Sections 914.22 and 914.23, relating to tampering

12  with a witness, victim, or informant, and retaliation against

13  a witness, victim, or informant.

14         45.  Sections 918.12 and 918.13, relating to tampering

15  with jurors and evidence.

16         (b)  Any conduct defined as "racketeering activity"

17  under 18 U.S.C. s. 1961(1).

18         Section 5.  For the purpose of incorporating the

19  amendment made by this act to section 895.02, Florida

20  Statutes, in a reference thereto, paragraph (g) of subsection

21  (3) of section 655.50, Florida Statutes, is reenacted to read:

22         655.50  Florida Control of Money Laundering in

23  Financial Institutions Act; reports of transactions involving

24  currency or monetary instruments; when required; purpose;

25  definitions; penalties.--

26         (3)  As used in this section, the term:

27         (g)  "Specified unlawful activity" means any

28  "racketeering activity" as defined in s. 895.02.

29         Section 6.  For the purpose of incorporating the

30  amendment made by this act to section 895.02, Florida

31  Statutes, in a reference thereto, paragraph (g) of subsection


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 1  (2) of section 896.101, Florida Statutes, is reenacted to

 2  read:

 3         896.101  Florida Money Laundering Act; definitions;

 4  penalties; injunctions; seizure warrants; immunity.--

 5         (2)  As used in this section, the term:

 6         (g)  "Specified unlawful activity" means any

 7  "racketeering activity" as defined in s. 895.02.

 8         Section 7.  For the purpose of incorporating the

 9  amendment made by this act to section 895.02, Florida

10  Statutes, in a reference thereto, section 905.34, Florida

11  Statutes, is reenacted to read:

12         905.34  Powers and duties; law applicable.--The

13  jurisdiction of a statewide grand jury impaneled under this

14  chapter shall extend throughout the state. The subject matter

15  jurisdiction of the statewide grand jury shall be limited to

16  the offenses of:

17         (1)  Bribery, burglary, carjacking, home-invasion

18  robbery, criminal usury, extortion, gambling, kidnapping,

19  larceny, murder, prostitution, perjury, and robbery;

20         (2)  Crimes involving narcotic or other dangerous

21  drugs;

22         (3)  Any violation of the provisions of the Florida

23  RICO (Racketeer Influenced and Corrupt Organization) Act,

24  including any offense listed in the definition of racketeering

25  activity in s. 895.02(1)(a), providing such listed offense is

26  investigated in connection with a violation of s. 895.03 and

27  is charged in a separate count of an information or indictment

28  containing a count charging a violation of s. 895.03, the

29  prosecution of which listed offense may continue independently

30  if the prosecution of the violation of s. 895.03 is terminated

31  for any reason;


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 1         (4)  Any violation of the provisions of the Florida

 2  Anti-Fencing Act;

 3         (5)  Any violation of the provisions of the Florida

 4  Antitrust Act of 1980, as amended;

 5         (6)  Any violation of the provisions of chapter 815;

 6         (7)  Any crime involving, or resulting in, fraud or

 7  deceit upon any person;

 8         (8)  Any violation of s. 847.0135, s. 847.0137, or s.

 9  847.0138 relating to computer pornography and child

10  exploitation prevention, or any offense related to a violation

11  of s. 847.0135, s. 847.0137, or s. 847.0138;

12         (9)  Any criminal violation of part I of chapter 499;

13  or

14         (10)  Any criminal violation of s. 409.920 or s.

15  409.9201;

16  

17  or any attempt, solicitation, or conspiracy to commit any

18  violation of the crimes specifically enumerated above, when

19  any such offense is occurring, or has occurred, in two or more

20  judicial circuits as part of a related transaction or when any

21  such offense is connected with an organized criminal

22  conspiracy affecting two or more judicial circuits. The

23  statewide grand jury may return indictments and presentments

24  irrespective of the county or judicial circuit where the

25  offense is committed or triable. If an indictment is returned,

26  it shall be certified and transferred for trial to the county

27  where the offense was committed. The powers and duties of, and

28  law applicable to, county grand juries shall apply to a

29  statewide grand jury except when such powers, duties, and law

30  are inconsistent with the provisions of ss. 905.31-905.40.

31         Section 8.  This act shall take effect October 1, 2006.


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