Senate Bill sb1962e1

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    SB 1962                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to human trafficking; creating

  3         s. 787.05, F.S.; specifying elements of the

  4         offense of unlawfully obtaining labor or

  5         services; providing criminal penalties;

  6         creating s. 787.06, F.S.; providing

  7         definitions; specifying elements of the offense

  8         of human trafficking; providing criminal

  9         penalties; providing applicability; creating s.

10         796.035, F.S.; providing that it is a felony of

11         the first degree for a parent, legal guardian,

12         or other person having custody or control of a

13         minor to offer to, or to actually, sell or

14         otherwise transfer custody or control of such

15         minor, with knowledge that such sale or

16         transfer will result in force, fraud, or

17         coercion being used to cause the minor to

18         engage in prostitution or otherwise participate

19         in the trade of sex trafficking; providing

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

21         providing for the offense of sex trafficking;

22         providing that it is a felony of the second

23         degree to knowingly recruit, entice, harbor,

24         transport, provide, or obtain a person, knowing

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

26         cause that person to engage in prostitution;

27         providing that it is a felony of the first

28         degree if sex trafficking involves a person

29         under the age of 14 or results in death;

30         providing criminal penalties; amending s.

31         895.02, F.S.; expanding the definition of


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    SB 1962                                        First Engrossed



 1         racketeering activity to include the offenses

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

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

 4         905.34(3), F.S., which relate to the authority

 5         of the Office of Statewide Prosecution to

 6         investigate and prosecute certain offenses, the

 7         contribution of funds by counties and

 8         municipalities towards salaries of assistant

 9         state attorneys, the Florida Control of Money

10         Laundering in Financial Institutions Act, the

11         Florida Money Laundering Act, and the subject

12         matter jurisdiction of the statewide grand

13         jury, respectively, to incorporate the

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

15         thereto; providing applicability; providing an

16         effective date.

17  

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

19  

20         Section 1.  Section 787.05, Florida Statutes, is

21  created to read:

22         787.05  Unlawfully obtaining labor or services.--Any

23  person who knowingly obtains the labor or services of a person

24  by:

25         (1)  Causing or threatening to cause bodily injury to

26  that person or another person;

27         (2)  Restraining or threatening to restrain that person

28  or another person without lawful authority and against her or

29  his will; or

30         (3)  Withholding that person's governmental records,

31  identifying information, or other personal property,


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    SB 1962                                        First Engrossed



 1  

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

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

 4         Section 2.  Section 787.06, Florida Statutes, is

 5  created to read:

 6         787.06  Human trafficking.--

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

 8         (a)  "Forced labor or services" means labor or services

 9  obtained from a person by:

10         1.  Using or threatening to use physical force against

11  that person or another person; or

12         2.  Restraining or confining or threatening to restrain

13  or confine that person or another person without lawful

14  authority and against her or his will.

15         (b)  "Human trafficking" means transporting,

16  soliciting, recruiting, harboring, providing, or obtaining

17  another person for transport.

18         (2)  Any person who knowingly engages in human

19  trafficking with the intent that the trafficked person engage

20  in forced labor or services commits a felony of the second

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

22  s. 775.084.

23         Section 3.  Section 796.035, Florida Statutes, is

24  created to read:

25         796.035  Selling or buying of minors into sex

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

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

28  who sells or otherwise transfers custody or control of such

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

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

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


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    SB 1962                                        First Engrossed



 1  minor to engage in prostitution or otherwise participate in

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

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

 4  s. 775.084.

 5         Section 4.  Section 796.045, Florida Statutes, is

 6  created to read:

 7         796.045  Sex trafficking; penalties.--Any person who

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

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

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

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

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

13  775.083, or s. 775.084. A person commits a felony of the first

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

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

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

17  results in death.

18         Section 5.  Paragraph (a) of subsection (1) of section

19  895.02, Florida Statutes, is amended to read:

20         895.02  Definitions.--As used in ss. 895.01-895.08, the

21  term:

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

23  attempt to commit, to conspire to commit, or to solicit,

24  coerce, or intimidate another person to commit:

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

26  information under the following provisions of the Florida

27  Statutes:

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

29  cigarette taxes.

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

31  control.


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    SB 1962                                        First Engrossed



 1         3.  Section 414.39, relating to public assistance

 2  fraud.

 3         4.  Section 409.920, relating to Medicaid provider

 4  fraud.

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

 6  compensation.

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

 8  and 499.0691, relating to crimes involving contraband and

 9  adulterated drugs.

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

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

12  investor protection.

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

14  relating to dogracing and horseracing.

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

16         11.  Chapter 552, relating to the manufacture,

17  distribution, and use of explosives.

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

19  the violation is punishable as a felony.

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

21         14.  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         15.  Section 655.50, relating to reports of currency

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

28         16.  Chapter 687, relating to interest and usurious

29  practices.

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

31  to real estate timeshare plans.


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    SB 1962                                        First Engrossed



 1         18.  Chapter 782, relating to homicide.

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

 3         20.  Chapter 787, relating to kidnapping.

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

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

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

 7  trafficking.

 8         23.  Chapter 806, relating to arson.

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

10  burglary of a dwelling or structure.

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

12  related crimes.

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

14         27.  Chapter 817, relating to fraudulent practices,

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

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

17  exploitation of an elderly person or disabled adult.

18         29.  Section 827.071, relating to commercial sexual

19  exploitation of children.

20         30.  Chapter 831, relating to forgery and

21  counterfeiting.

22         31.  Chapter 832, relating to issuance of worthless

23  checks and drafts.

24         32.  Section 836.05, relating to extortion.

25         33.  Chapter 837, relating to perjury.

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

27  public office.

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

29         36.  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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    SB 1962                                        First Engrossed



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

 2  or s. 849.25, relating to gambling.

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

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

 5  control.

 6         40.  Chapter 896, relating to offenses related to

 7  financial transactions.

 8         41.  Sections 914.22 and 914.23, relating to tampering

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

10  a witness, victim, or informant.

11         42.  Sections 918.12 and 918.13, relating to tampering

12  with jurors and evidence.

13         Section 6.  For the purpose of incorporating the

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

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

16  Florida Statutes, is reenacted to read:

17         16.56  Office of Statewide Prosecution.--

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

19  Affairs an Office of Statewide Prosecution. The office shall

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

21  chapter 216. The office may:

22         (a)  Investigate and prosecute the offenses of:

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

24  gambling, kidnapping, larceny, murder, prostitution, perjury,

25  robbery, carjacking, and home-invasion robbery;

26         2.  Any crime involving narcotic or other dangerous

27  drugs;

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

29  (Racketeer Influenced and Corrupt Organization) Act, including

30  any offense listed in the definition of racketeering activity

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


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    SB 1962                                        First Engrossed



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

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

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

 4  prosecution of which listed offense may continue independently

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

 6  for any reason;

 7         4.  Any violation of the provisions of the Florida

 8  Anti-Fencing Act;

 9         5.  Any violation of the provisions of the Florida

10  Antitrust Act of 1980, as amended;

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

12  deceit upon any person;

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

14  pornography and child exploitation prevention, or any offense

15  related to a violation of s. 847.0135;

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

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

18  

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

20  the crimes specifically enumerated above. The office shall

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

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

23  related transaction, or when any such offense is connected

24  with an organized criminal conspiracy affecting two or more

25  judicial circuits.

26         Section 7.  For the purpose of incorporating the

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

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

29  reenacted to read:

30         27.34  Salaries and other related costs of state

31  attorneys' offices; limitations.--


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    SB 1962                                        First Engrossed



 1         (1)  No county or municipality shall appropriate or

 2  contribute funds to the operation of the various state

 3  attorneys, except that a county or municipality may

 4  appropriate or contribute funds to pay the salary of one

 5  assistant state attorney whose sole function shall be to

 6  prosecute violations of special laws or ordinances of the

 7  county or municipality and may provide persons employed by the

 8  county or municipality to the state attorney to serve as

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

10  However, any county or municipality may contract with the

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

12  municipality is located for the prosecution of violations of

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

14  municipality may appropriate or contribute funds to pay the

15  salary of one or more assistant state attorneys who are

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

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

18  investigate and prosecute civil and criminal RICO actions when

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

20  within the boundaries of the municipality or county.

21         Section 8.  For the purpose of incorporating the

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

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

24  Florida Statutes, is reenacted to read:

25         655.50  Florida Control of Money Laundering in

26  Financial Institutions Act; reports of transactions involving

27  currency or monetary instruments; when required; purpose;

28  definitions; penalties.--

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

30         (g)  "Specified unlawful activity" means any

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


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    SB 1962                                        First Engrossed



 1         Section 9.  For the purpose of incorporating the

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

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

 4  Florida Statutes, is reenacted to read:

 5         896.101  Florida Money Laundering Act; definitions;

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

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

 8         (g)  "Specified unlawful activity" means any

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

10         Section 10.  For the purpose of incorporating the

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

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

13  is reenacted to read:

14         905.34  Powers and duties; law applicable.--The

15  jurisdiction of a statewide grand jury impaneled under this

16  chapter shall extend throughout the state. The subject matter

17  jurisdiction of the statewide grand jury shall be limited to

18  the offenses of:

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

20  RICO (Racketeer Influenced and Corrupt Organization) Act,

21  including any offense listed in the definition of racketeering

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

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

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

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

26  prosecution of which listed offense may continue independently

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

28  for any reason;

29  

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

31  violation of the crimes specifically enumerated above, when


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    SB 1962                                        First Engrossed



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

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

 3  such offense is connected with an organized criminal

 4  conspiracy affecting two or more judicial circuits. The

 5  statewide grand jury may return indictments and presentments

 6  irrespective of the county or judicial circuit where the

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

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

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

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

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

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

13         Section 11.  This act shall take effect October 1,

14  2004, and shall apply to offenses committed on or after that

15  date.

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