Senate Bill sb1962

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    Florida Senate - 2004                                  SB 1962

    By Senator Wasserman Schultz





    34-1426-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to sex trafficking; creating s.

  3         796.035, F.S.; providing that it is a felony of

  4         the first degree for a parent, legal guardian,

  5         or other person having custody or control of a

  6         minor to offer to, or to actually, sell or

  7         otherwise transfer custody or control of such

  8         minor, with knowledge that such sale or

  9         transfer will result in force, fraud, or

10         coercion being used to cause the minor to

11         engage in prostitution or otherwise participate

12         in the trade of sex trafficking; providing

13         criminal penalties; creating s. 796.045, F.S.;

14         providing for the offense of sex trafficking;

15         providing that it is a felony of the second

16         degree to knowingly recruit, entice, harbor,

17         transport, provide, or obtain a person, knowing

18         that force, fraud, or coercion will be used to

19         cause that person to engage in prostitution;

20         providing that it is a felony of the first

21         degree if sex trafficking involves a person

22         under the age of 14 or results in death;

23         providing criminal penalties; amending s.

24         895.02, F.S.; expanding the definition of

25         racketeering activity to include the offenses

26         created herein; reenacting ss. 16.56(1)(a),

27         27.34(1), 655.50(3)(g), 896.101(2)(g), and

28         905.34(3), F.S., which relate to the authority

29         of the Office of Statewide Prosecution to

30         investigate and prosecute certain offenses, the

31         contribution of funds by counties and

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    Florida Senate - 2004                                  SB 1962
    34-1426-04                                              See HB




 1         municipalities towards salaries of assistant

 2         state attorneys, the Florida Control of Money

 3         Laundering in Financial Institutions Act, the

 4         Florida Money Laundering Act, and the subject

 5         matter jurisdiction of the statewide grand

 6         jury, respectively, to incorporate the

 7         amendment to s. 895.02, F.S., in references

 8         thereto; providing applicability; providing an

 9         effective date.

10  

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

12  

13         Section 1.  Section 796.035, Florida Statutes, is

14  created to read:

15         796.035  Selling or buying of minors into sex

16  trafficking or prostitution; penalties.--Any parent, legal

17  guardian, or other person having custody or control of a minor

18  who sells or otherwise transfers custody or control of such

19  minor, or offers to sell or otherwise transfer custody of such

20  minor, with knowledge that, as a consequence of the sale or

21  transfer, force, fraud, or coercion will be used to cause the

22  minor to engage in prostitution or otherwise participate in

23  the trade of sex trafficking, commits a felony of the first

24  degree, punishable as provided in s. 775.082, s. 775.083, or

25  s. 775.084.

26         Section 2.  Section 796.045, Florida Statutes, is

27  created to read:

28         796.045  Sex trafficking; penalties.--Any person who

29  knowingly recruits, entices, harbors, transports, provides, or

30  obtains by any means a person, knowing that force, fraud, or

31  coercion will be used to cause that person to engage in

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    Florida Senate - 2004                                  SB 1962
    34-1426-04                                              See HB




 1  prostitution, commits the offense of sex trafficking, a felony

 2  of the second degree, punishable as provided in s. 775.082, s.

 3  775.083, or s. 775.084. A person commits a felony of the first

 4  degree, punishable as provided in s. 775.082, s. 775.083, or

 5  s. 775.084, if the offense of sex trafficking is committed

 6  against a person who is under the age of 14 or if such offense

 7  results in death.

 8         Section 3.  Paragraph (a) of subsection (1) of section

 9  895.02, Florida Statutes, is amended to read:

10         895.02  Definitions.--As used in ss. 895.01-895.08, the

11  term:

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

13  attempt to commit, to conspire to commit, or to solicit,

14  coerce, or intimidate another person to commit:

15         (a)  Any crime which is chargeable by indictment or

16  information under the following provisions of the Florida

17  Statutes:

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

19  cigarette taxes.

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

21  control.

22         3.  Section 414.39, relating to public assistance

23  fraud.

24         4.  Section 409.920, relating to Medicaid provider

25  fraud.

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

27  compensation.

28         6.  Sections 499.0051, 499.0052, 499.0053, 499.0054,

29  and 499.0691, relating to crimes involving contraband and

30  adulterated drugs.

31         7.  Part IV of chapter 501, relating to telemarketing.

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    Florida Senate - 2004                                  SB 1962
    34-1426-04                                              See HB




 1         8.  Chapter 517, relating to sale of securities and

 2  investor protection.

 3         9.  Section 550.235, s. 550.3551, or s. 550.3605,

 4  relating to dogracing and horseracing.

 5         10.  Chapter 550, relating to jai alai frontons.

 6         11.  Chapter 552, relating to the manufacture,

 7  distribution, and use of explosives.

 8         12.  Chapter 560, relating to money transmitters, if

 9  the violation is punishable as a felony.

10         13.  Chapter 562, relating to beverage law enforcement.

11         14.  Section 624.401, relating to transacting insurance

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

13  relating to operating an unauthorized multiple-employer

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

15  representing or aiding an unauthorized insurer.

16         15.  Section 655.50, relating to reports of currency

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

18         16.  Chapter 687, relating to interest and usurious

19  practices.

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

21  to real estate timeshare plans.

22         18.  Chapter 782, relating to homicide.

23         19.  Chapter 784, relating to assault and battery.

24         20.  Chapter 787, relating to kidnapping.

25         21.  Chapter 790, relating to weapons and firearms.

26         22.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,

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

28  trafficking.

29         23.  Chapter 806, relating to arson.

30         24.  Section 810.02(2)(c), relating to specified

31  burglary of a dwelling or structure.

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    Florida Senate - 2004                                  SB 1962
    34-1426-04                                              See HB




 1         25.  Chapter 812, relating to theft, robbery, and

 2  related crimes.

 3         26.  Chapter 815, relating to computer-related crimes.

 4         27.  Chapter 817, relating to fraudulent practices,

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

 6         28.  Chapter 825, relating to abuse, neglect, or

 7  exploitation of an elderly person or disabled adult.

 8         29.  Section 827.071, relating to commercial sexual

 9  exploitation of children.

10         30.  Chapter 831, relating to forgery and

11  counterfeiting.

12         31.  Chapter 832, relating to issuance of worthless

13  checks and drafts.

14         32.  Section 836.05, relating to extortion.

15         33.  Chapter 837, relating to perjury.

16         34.  Chapter 838, relating to bribery and misuse of

17  public office.

18         35.  Chapter 843, relating to obstruction of justice.

19         36.  Section 847.011, s. 847.012, s. 847.013, s.

20  847.06, or s. 847.07, relating to obscene literature and

21  profanity.

22         37.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

23  or s. 849.25, relating to gambling.

24         38.  Chapter 874, relating to criminal street gangs.

25         39.  Chapter 893, relating to drug abuse prevention and

26  control.

27         40.  Chapter 896, relating to offenses related to

28  financial transactions.

29         41.  Sections 914.22 and 914.23, relating to tampering

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

31  a witness, victim, or informant.

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    Florida Senate - 2004                                  SB 1962
    34-1426-04                                              See HB




 1         42.  Sections 918.12 and 918.13, relating to tampering

 2  with jurors and evidence.

 3         Section 4.  For the purpose of incorporating the

 4  amendment to section 895.02, Florida Statutes, in a reference

 5  thereto, paragraph (a) of subsection (1) of section 16.56,

 6  Florida Statutes, is reenacted to read:

 7         16.56  Office of Statewide Prosecution.--

 8         (1)  There is created in the Department of Legal

 9  Affairs an Office of Statewide Prosecution. The office shall

10  be a separate "budget entity" as that term is defined in

11  chapter 216. The office may:

12         (a)  Investigate and prosecute the offenses of:

13         1.  Bribery, burglary, criminal usury, extortion,

14  gambling, kidnapping, larceny, murder, prostitution, perjury,

15  robbery, carjacking, and home-invasion robbery;

16         2.  Any crime involving narcotic or other dangerous

17  drugs;

18         3.  Any violation of the provisions of the Florida RICO

19  (Racketeer Influenced and Corrupt Organization) Act, including

20  any offense listed in the definition of racketeering activity

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

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

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

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

25  prosecution of which listed offense may continue independently

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

27  for any reason;

28         4.  Any violation of the provisions of the Florida

29  Anti-Fencing Act;

30         5.  Any violation of the provisions of the Florida

31  Antitrust Act of 1980, as amended;

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    Florida Senate - 2004                                  SB 1962
    34-1426-04                                              See HB




 1         6.  Any crime involving, or resulting in, fraud or

 2  deceit upon any person;

 3         7.  Any violation of s. 847.0135, relating to computer

 4  pornography and child exploitation prevention, or any offense

 5  related to a violation of s. 847.0135;

 6         8.  Any violation of the provisions of chapter 815; or

 7         9.  Any criminal violation of part I of chapter 499;

 8  

 9  or any attempt, solicitation, or conspiracy to commit any of

10  the crimes specifically enumerated above. The office shall

11  have such power only when any such offense is occurring, or

12  has occurred, in two or more judicial circuits as part of a

13  related transaction, or when any such offense is connected

14  with an organized criminal conspiracy affecting two or more

15  judicial circuits.

16         Section 5.  For the purpose of incorporating the

17  amendment to section 895.02, Florida Statutes, in a reference

18  thereto, subsection (1) of section 27.34, Florida Statutes, is

19  reenacted to read:

20         27.34  Salaries and other related costs of state

21  attorneys' offices; limitations.--

22         (1)  No county or municipality shall appropriate or

23  contribute funds to the operation of the various state

24  attorneys, except that a county or municipality may

25  appropriate or contribute funds to pay the salary of one

26  assistant state attorney whose sole function shall be to

27  prosecute violations of special laws or ordinances of the

28  county or municipality and may provide persons employed by the

29  county or municipality to the state attorney to serve as

30  special investigators pursuant to the provisions of s. 27.251.

31  However, any county or municipality may contract with the

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    Florida Senate - 2004                                  SB 1962
    34-1426-04                                              See HB




 1  state attorney of the judicial circuit in which such county or

 2  municipality is located for the prosecution of violations of

 3  county or municipal ordinances. In addition, a county or

 4  municipality may appropriate or contribute funds to pay the

 5  salary of one or more assistant state attorneys who are

 6  trained in the use of the civil and criminal provisions of the

 7  Florida RICO Act, chapter 895, and whose sole function is to

 8  investigate and prosecute civil and criminal RICO actions when

 9  one or more offenses identified in s. 895.02(1)(a) occur

10  within the boundaries of the municipality or county.

11         Section 6.  For the purpose of incorporating the

12  amendment to section 895.02, Florida Statutes, in a reference

13  thereto, paragraph (g) of subsection (3) of section 655.50,

14  Florida Statutes, is reenacted to read:

15         655.50  Florida Control of Money Laundering in

16  Financial Institutions Act; reports of transactions involving

17  currency or monetary instruments; when required; purpose;

18  definitions; penalties.--

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

20         (g)  "Specified unlawful activity" means any

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

22         Section 7.  For the purpose of incorporating the

23  amendment to section 895.02, Florida Statutes, in a reference

24  thereto, paragraph (g) of subsection (2) of section 896.101,

25  Florida Statutes, is reenacted to read:

26         896.101  Florida Money Laundering Act; definitions;

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

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

29         (g)  "Specified unlawful activity" means any

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

31  

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    Florida Senate - 2004                                  SB 1962
    34-1426-04                                              See HB




 1         Section 8.  For the purpose of incorporating the

 2  amendment to section 895.02, Florida Statutes, in a reference

 3  thereto, subsection (3) of section 905.34, Florida Statutes,

 4  is reenacted to read:

 5         905.34  Powers and duties; law applicable.--The

 6  jurisdiction of a statewide grand jury impaneled under this

 7  chapter shall extend throughout the state. The subject matter

 8  jurisdiction of the statewide grand jury shall be limited to

 9  the offenses of:

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

11  RICO (Racketeer Influenced and Corrupt Organization) Act,

12  including any offense listed in the definition of racketeering

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

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

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

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

17  prosecution of which listed offense may continue independently

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

19  for any reason;

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

22  violation of the crimes specifically enumerated above, when

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

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

25  such offense is connected with an organized criminal

26  conspiracy affecting two or more judicial circuits. The

27  statewide grand jury may return indictments and presentments

28  irrespective of the county or judicial circuit where the

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

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

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

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    Florida Senate - 2004                                  SB 1962
    34-1426-04                                              See HB




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

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

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

 4         Section 9.  This act shall take effect October 1, 2004,

 5  and shall apply to offenses committed on or after that date.

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