1 | A bill to be entitled |
2 | An act relating to sex trafficking; creating s. 796.035, |
3 | F.S.; providing that it is a felony of the first degree |
4 | for a parent, legal guardian, or other person having |
5 | custody or control of a minor to offer to, or to actually, |
6 | sell or otherwise transfer custody or control of such |
7 | minor, with knowledge that such sale or transfer will |
8 | result in force, fraud, or coercion being used to cause |
9 | the minor to engage in prostitution or otherwise |
10 | participate in the trade of sex trafficking; providing |
11 | criminal penalties; creating s. 796.045, F.S.; providing |
12 | for the offense of sex trafficking; providing that it is a |
13 | felony of the second degree to knowingly recruit, entice, |
14 | harbor, transport, provide, or obtain a person, knowing |
15 | that force, fraud, or coercion will be used to cause that |
16 | person to engage in prostitution; providing that it is a |
17 | felony of the first degree if sex trafficking involves a |
18 | person under the age of 14 or results in death; providing |
19 | criminal penalties; amending s. 895.02, F.S.; expanding |
20 | the definition of racketeering activity to include the |
21 | offenses created herein; reenacting ss. 16.56(1)(a), |
22 | 27.34(1), 655.50(3)(g), 896.101(2)(g), and 905.34(3), |
23 | F.S., which relate to the authority of the Office of |
24 | Statewide Prosecution to investigate and prosecute certain |
25 | offenses, the contribution of funds by counties and |
26 | municipalities towards salaries of assistant state |
27 | attorneys, the Florida Control of Money Laundering in |
28 | Financial Institutions Act, the Florida Money Laundering |
29 | Act, and the subject matter jurisdiction of the statewide |
30 | grand jury, respectively, to incorporate the amendment to |
31 | s. 895.02, F.S., in references thereto; providing |
32 | applicability; providing an effective date. |
33 |
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34 | Be It Enacted by the Legislature of the State of Florida: |
35 |
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36 | Section 1. Section 796.035, Florida Statutes, is created |
37 | to read: |
38 | 796.035 Selling or buying of minors into sex trafficking |
39 | or prostitution; penalties.--Any parent, legal guardian, or |
40 | other person having custody or control of a minor who sells or |
41 | otherwise transfers custody or control of such minor, or offers |
42 | to sell or otherwise transfer custody of such minor, with |
43 | knowledge that, as a consequence of the sale or transfer, force, |
44 | fraud, or coercion will be used to cause the minor to engage in |
45 | prostitution or otherwise participate in the trade of sex |
46 | trafficking, commits a felony of the first degree, punishable as |
47 | provided in s. 775.082, s. 775.083, or s. 775.084. |
48 | Section 2. Section 796.045, Florida Statutes, is created |
49 | to read: |
50 | 796.045 Sex trafficking; penalties.--Any person who |
51 | knowingly recruits, entices, harbors, transports, provides, or |
52 | obtains by any means a person, knowing that force, fraud, or |
53 | coercion will be used to cause that person to engage in |
54 | prostitution, commits the offense of sex trafficking, a felony |
55 | of the second degree, punishable as provided in s. 775.082, s. |
56 | 775.083, or s. 775.084. A person commits a felony of the first |
57 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
58 | 775.084, if the offense of sex trafficking is committed against |
59 | a person who is under the age of 14 or if such offense results |
60 | in death. |
61 | Section 3. Paragraph (a) of subsection (1) of section |
62 | 895.02, Florida Statutes, is amended to read: |
63 | 895.02 Definitions.--As used in ss. 895.01-895.08, the |
64 | term: |
65 | (1) "Racketeering activity" means to commit, to attempt to |
66 | commit, to conspire to commit, or to solicit, coerce, or |
67 | intimidate another person to commit: |
68 | (a) Any crime which is chargeable by indictment or |
69 | information under the following provisions of the Florida |
70 | Statutes: |
71 | 1. Section 210.18, relating to evasion of payment of |
72 | cigarette taxes. |
73 | 2. Section 403.727(3)(b), relating to environmental |
74 | control. |
75 | 3. Section 414.39, relating to public assistance fraud. |
76 | 4. Section 409.920, relating to Medicaid provider fraud. |
77 | 5. Section 440.105 or s. 440.106, relating to workers' |
78 | compensation. |
79 | 6. Sections 499.0051, 499.0052, 499.0053, 499.0054, and |
80 | 499.0691, relating to crimes involving contraband and |
81 | adulterated drugs. |
82 | 7. Part IV of chapter 501, relating to telemarketing. |
83 | 8. Chapter 517, relating to sale of securities and |
84 | investor protection. |
85 | 9. Section 550.235, s. 550.3551, or s. 550.3605, relating |
86 | to dogracing and horseracing. |
87 | 10. Chapter 550, relating to jai alai frontons. |
88 | 11. Chapter 552, relating to the manufacture, |
89 | distribution, and use of explosives. |
90 | 12. Chapter 560, relating to money transmitters, if the |
91 | violation is punishable as a felony. |
92 | 13. Chapter 562, relating to beverage law enforcement. |
93 | 14. Section 624.401, relating to transacting insurance |
94 | without a certificate of authority, s. 624.437(4)(c)1., relating |
95 | to operating an unauthorized multiple-employer welfare |
96 | arrangement, or s. 626.902(1)(b), relating to representing or |
97 | aiding an unauthorized insurer. |
98 | 15. Section 655.50, relating to reports of currency |
99 | transactions, when such violation is punishable as a felony. |
100 | 16. Chapter 687, relating to interest and usurious |
101 | practices. |
102 | 17. Section 721.08, s. 721.09, or s. 721.13, relating to |
103 | real estate timeshare plans. |
104 | 18. Chapter 782, relating to homicide. |
105 | 19. Chapter 784, relating to assault and battery. |
106 | 20. Chapter 787, relating to kidnapping. |
107 | 21. Chapter 790, relating to weapons and firearms. |
108 | 22. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s. |
109 | 796.05, or s. 796.07, relating to prostitution and sex |
110 | trafficking. |
111 | 23. Chapter 806, relating to arson. |
112 | 24. Section 810.02(2)(c), relating to specified burglary |
113 | of a dwelling or structure. |
114 | 25. Chapter 812, relating to theft, robbery, and related |
115 | crimes. |
116 | 26. Chapter 815, relating to computer-related crimes. |
117 | 27. Chapter 817, relating to fraudulent practices, false |
118 | pretenses, fraud generally, and credit card crimes. |
119 | 28. Chapter 825, relating to abuse, neglect, or |
120 | exploitation of an elderly person or disabled adult. |
121 | 29. Section 827.071, relating to commercial sexual |
122 | exploitation of children. |
123 | 30. Chapter 831, relating to forgery and counterfeiting. |
124 | 31. Chapter 832, relating to issuance of worthless checks |
125 | and drafts. |
126 | 32. Section 836.05, relating to extortion. |
127 | 33. Chapter 837, relating to perjury. |
128 | 34. Chapter 838, relating to bribery and misuse of public |
129 | office. |
130 | 35. Chapter 843, relating to obstruction of justice. |
131 | 36. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or |
132 | s. 847.07, relating to obscene literature and profanity. |
133 | 37. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. |
134 | 849.25, relating to gambling. |
135 | 38. Chapter 874, relating to criminal street gangs. |
136 | 39. Chapter 893, relating to drug abuse prevention and |
137 | control. |
138 | 40. Chapter 896, relating to offenses related to financial |
139 | transactions. |
140 | 41. Sections 914.22 and 914.23, relating to tampering with |
141 | a witness, victim, or informant, and retaliation against a |
142 | witness, victim, or informant. |
143 | 42. Sections 918.12 and 918.13, relating to tampering with |
144 | jurors and evidence. |
145 | Section 4. For the purpose of incorporating the amendment |
146 | to section 895.02, Florida Statutes, in a reference thereto, |
147 | paragraph (a) of subsection (1) of section 16.56, Florida |
148 | Statutes, is reenacted to read: |
149 | 16.56 Office of Statewide Prosecution.-- |
150 | (1) There is created in the Department of Legal Affairs an |
151 | Office of Statewide Prosecution. The office shall be a separate |
152 | "budget entity" as that term is defined in chapter 216. The |
153 | office may: |
154 | (a) Investigate and prosecute the offenses of: |
155 | 1. Bribery, burglary, criminal usury, extortion, gambling, |
156 | kidnapping, larceny, murder, prostitution, perjury, robbery, |
157 | carjacking, and home-invasion robbery; |
158 | 2. Any crime involving narcotic or other dangerous drugs; |
159 | 3. Any violation of the provisions of the Florida RICO |
160 | (Racketeer Influenced and Corrupt Organization) Act, including |
161 | any offense listed in the definition of racketeering activity in |
162 | s. 895.02(1)(a), providing such listed offense is investigated |
163 | in connection with a violation of s. 895.03 and is charged in a |
164 | separate count of an information or indictment containing a |
165 | count charging a violation of s. 895.03, the prosecution of |
166 | which listed offense may continue independently if the |
167 | prosecution of the violation of s. 895.03 is terminated for any |
168 | reason; |
169 | 4. Any violation of the provisions of the Florida Anti- |
170 | Fencing Act; |
171 | 5. Any violation of the provisions of the Florida |
172 | Antitrust Act of 1980, as amended; |
173 | 6. Any crime involving, or resulting in, fraud or deceit |
174 | upon any person; |
175 | 7. Any violation of s. 847.0135, relating to computer |
176 | pornography and child exploitation prevention, or any offense |
177 | related to a violation of s. 847.0135; |
178 | 8. Any violation of the provisions of chapter 815; or |
179 | 9. Any criminal violation of part I of chapter 499; |
180 |
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181 | or any attempt, solicitation, or conspiracy to commit any of the |
182 | crimes specifically enumerated above. The office shall have such |
183 | power only when any such offense is occurring, or has occurred, |
184 | in two or more judicial circuits as part of a related |
185 | transaction, or when any such offense is connected with an |
186 | organized criminal conspiracy affecting two or more judicial |
187 | circuits. |
188 | Section 5. For the purpose of incorporating the amendment |
189 | to section 895.02, Florida Statutes, in a reference thereto, |
190 | subsection (1) of section 27.34, Florida Statutes, is reenacted |
191 | to read: |
192 | 27.34 Salaries and other related costs of state attorneys' |
193 | offices; limitations.-- |
194 | (1) No county or municipality shall appropriate or |
195 | contribute funds to the operation of the various state |
196 | attorneys, except that a county or municipality may appropriate |
197 | or contribute funds to pay the salary of one assistant state |
198 | attorney whose sole function shall be to prosecute violations of |
199 | special laws or ordinances of the county or municipality and may |
200 | provide persons employed by the county or municipality to the |
201 | state attorney to serve as special investigators pursuant to the |
202 | provisions of s. 27.251. However, any county or municipality may |
203 | contract with the state attorney of the judicial circuit in |
204 | which such county or municipality is located for the prosecution |
205 | of violations of county or municipal ordinances. In addition, a |
206 | county or municipality may appropriate or contribute funds to |
207 | pay the salary of one or more assistant state attorneys who are |
208 | trained in the use of the civil and criminal provisions of the |
209 | Florida RICO Act, chapter 895, and whose sole function is to |
210 | investigate and prosecute civil and criminal RICO actions when |
211 | one or more offenses identified in s. 895.02(1)(a) occur within |
212 | the boundaries of the municipality or county. |
213 | Section 6. For the purpose of incorporating the amendment |
214 | to section 895.02, Florida Statutes, in a reference thereto, |
215 | paragraph (g) of subsection (3) of section 655.50, Florida |
216 | Statutes, is reenacted to read: |
217 | 655.50 Florida Control of Money Laundering in Financial |
218 | Institutions Act; reports of transactions involving currency or |
219 | monetary instruments; when required; purpose; definitions; |
220 | penalties.-- |
221 | (3) As used in this section, the term: |
222 | (g) "Specified unlawful activity" means any "racketeering |
223 | activity" as defined in s. 895.02. |
224 | Section 7. For the purpose of incorporating the amendment |
225 | to section 895.02, Florida Statutes, in a reference thereto, |
226 | paragraph (g) of subsection (2) of section 896.101, Florida |
227 | Statutes, is reenacted to read: |
228 | 896.101 Florida Money Laundering Act; definitions; |
229 | penalties; injunctions; seizure warrants; immunity.-- |
230 | (2) As used in this section, the term: |
231 | (g) "Specified unlawful activity" means any "racketeering |
232 | activity" as defined in s. 895.02. |
233 | Section 8. For the purpose of incorporating the amendment |
234 | to section 895.02, Florida Statutes, in a reference thereto, |
235 | subsection (3) of section 905.34, Florida Statutes, is reenacted |
236 | to read: |
237 | 905.34 Powers and duties; law applicable.--The |
238 | jurisdiction of a statewide grand jury impaneled under this |
239 | chapter shall extend throughout the state. The subject matter |
240 | jurisdiction of the statewide grand jury shall be limited to the |
241 | offenses of: |
242 | (3) Any violation of the provisions of the Florida RICO |
243 | (Racketeer Influenced and Corrupt Organization) Act, including |
244 | any offense listed in the definition of racketeering activity in |
245 | s. 895.02(1)(a), providing such listed offense is investigated |
246 | in connection with a violation of s. 895.03 and is charged in a |
247 | separate count of an information or indictment containing a |
248 | count charging a violation of s. 895.03, the prosecution of |
249 | which listed offense may continue independently if the |
250 | prosecution of the violation of s. 895.03 is terminated for any |
251 | reason; |
252 |
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253 | or any attempt, solicitation, or conspiracy to commit any |
254 | violation of the crimes specifically enumerated above, when any |
255 | such offense is occurring, or has occurred, in two or more |
256 | judicial circuits as part of a related transaction or when any |
257 | such offense is connected with an organized criminal conspiracy |
258 | affecting two or more judicial circuits. The statewide grand |
259 | jury may return indictments and presentments irrespective of the |
260 | county or judicial circuit where the offense is committed or |
261 | triable. If an indictment is returned, it shall be certified and |
262 | transferred for trial to the county where the offense was |
263 | committed. The powers and duties of, and law applicable to, |
264 | county grand juries shall apply to a statewide grand jury except |
265 | when such powers, duties, and law are inconsistent with the |
266 | provisions of ss. 905.31-905.40. |
267 | Section 9. This act shall take effect October 1, 2004, and |
268 | shall apply to offenses committed on or after that date. |