| 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 |
|
| 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 |
|
| 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. |