| 1 | Representative Gannon offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Section 787.06, Florida Statutes, is amended to |
| 6 | read: |
| 7 | 787.06 Human trafficking.-- |
| 8 | (1)(a) The Legislature finds that human trafficking is a |
| 9 | form of modern-day slavery. Victims of human trafficking are |
| 10 | young children, teenagers, and adults. Thousands of victims are |
| 11 | trafficked annually across international borders worldwide. Many |
| 12 | of these victims are trafficked into this state. The Legislature |
| 13 | finds that victims of human trafficking are subjected to force, |
| 14 | fraud, or coercion for the purpose of sexual exploitation or |
| 15 | forced labor. |
| 16 | (b) The Legislature finds that while many victims of human |
| 17 | trafficking are forced to work in prostitution or the sexual |
| 18 | entertainment industry, trafficking also occurs in forms of |
| 19 | labor exploitation, such as domestic servitude, restaurant work, |
| 20 | janitorial work, sweatshop factory work, and migrant |
| 21 | agricultural work. |
| 22 | (c) The Legislature finds that traffickers use various |
| 23 | techniques to instill fear in victims and to keep them enslaved. |
| 24 | Some traffickers keep their victims under lock and key. However, |
| 25 | the most frequently used practices are less obvious techniques |
| 26 | that include isolating victims from the public and family |
| 27 | members; confiscating passports, visas, or other identification |
| 28 | documents; using or threatening to use violence toward victims |
| 29 | or their families; telling victims that they will be imprisoned |
| 30 | or deported for immigration violations if they contact |
| 31 | authorities; and controlling the victims' funds by holding the |
| 32 | money ostensibly for safekeeping. |
| 33 | (d) It is the intent of the Legislature that the |
| 34 | perpetrators of human trafficking be penalized for their illegal |
| 35 | conduct and that the victims of trafficking be protected and |
| 36 | assisted by this state and its agencies. In furtherance of this |
| 37 | policy, it is the intent of the Legislature that the state |
| 38 | Supreme Court, The Florida Bar, and relevant state agencies |
| 39 | prepare and implement training programs in order that judges, |
| 40 | attorneys, law enforcement personnel, investigators, and others |
| 41 | are able to identify traffickers and victims of human |
| 42 | trafficking and direct victims to appropriate agencies for |
| 43 | assistance. It is the intent of the Legislature that the |
| 44 | Department of Children and Family Services and other state |
| 45 | agencies cooperate with other state and federal agencies to |
| 46 | ensure that victims of human trafficking can access social |
| 47 | services and benefits to alleviate their plight. |
| 48 | (2)(1) As used in this section, the term: |
| 49 | (a) "Financial harm" includes extortionate extension of |
| 50 | credit, loan sharking as defined in s. 687.071, or employment |
| 51 | contracts that violate the statute of frauds as provided in s. |
| 52 | 725.01. |
| 53 | (b) "Forced labor or services" means labor or services |
| 54 | obtained from a person by: |
| 55 | 1. Using or threatening to use physical force against that |
| 56 | person or another person; or |
| 57 | 2. Restraining, isolating, or confining or threatening to |
| 58 | restrain, isolate, or confine that person or another person |
| 59 | without lawful authority and against her or his will;. |
| 60 | 3. Using lending or other credit methods to establish a |
| 61 | debt by that person or another person when labor or services are |
| 62 | pledged as a security for the debt, if the value of the labor or |
| 63 | services as reasonably assessed is not applied toward the |
| 64 | liquidation of the debt, the length and nature of the labor, or |
| 65 | services are not respectively limited and defined; |
| 66 | 4. Destroying, concealing, removing, confiscating, |
| 67 | withholding, or possessing any actual or purported passport, |
| 68 | visa, or other immigration document, or any other actual or |
| 69 | purported government identification document, of that person or |
| 70 | another person; |
| 71 | 5. Causing or threatening to cause financial harm to any |
| 72 | person; or |
| 73 | 6. Fraud or coercion. |
| 74 | (c)(b) "Human trafficking" means transporting, soliciting, |
| 75 | recruiting, harboring, providing, or obtaining another person |
| 76 | for transport. |
| 77 | (d) "Maintain," when used in relation to labor services, |
| 78 | means to secure continued performance thereof, regardless of any |
| 79 | initial agreement on the part of the victim to perform such type |
| 80 | service. |
| 81 | (3)(2) Any person who knowingly: |
| 82 | (a) Engages, or attempts to engage, in human trafficking |
| 83 | with the intent or knowledge that the trafficked person will be |
| 84 | subjected to engage in forced labor or services; or |
| 85 | (b) Benefits financially by receiving anything of value |
| 86 | from participation in a venture that has subjected a person to |
| 87 | forced labor or services; |
| 88 |
|
| 89 | commits a felony of the second degree, punishable as provided in |
| 90 | s. 775.082, s. 775.083, or s. 775.084. |
| 91 | (4) The Criminal Justice Standards and Training Commission |
| 92 | shall establish standards for basic and advanced training |
| 93 | programs for law enforcement officers in the subjects of |
| 94 | investigating and preventing human trafficking crimes. After |
| 95 | January 1, 2007, every basic skills course required for law |
| 96 | enforcement officers to obtain initial certification must |
| 97 | include training on human trafficking crime prevention and |
| 98 | investigation. |
| 99 | (5) Each state attorney shall develop standards of |
| 100 | instruction for prosecutors to receive training on the |
| 101 | investigation and prosecution of human trafficking crimes and |
| 102 | shall provide for periodic and timely instruction. |
| 103 | Section 2. Subsection (1) of section 772.102, Florida |
| 104 | Statutes, is amended to read: |
| 105 | 772.102 Definitions.--As used in this chapter, the term: |
| 106 | (1) "Criminal activity" means to commit, to attempt to |
| 107 | commit, to conspire to commit, or to solicit, coerce, or |
| 108 | intimidate another person to commit: |
| 109 | (a) Any crime that which is chargeable by indictment or |
| 110 | information under the following provisions: |
| 111 | 1. Section 210.18, relating to evasion of payment of |
| 112 | cigarette taxes. |
| 113 | 2. Section 414.39, relating to public assistance fraud. |
| 114 | 3. Section 440.105 or s. 440.106, relating to workers' |
| 115 | compensation. |
| 116 | 4. Part IV of chapter 501, relating to telemarketing. |
| 117 | 5. Chapter 517, relating to securities transactions. |
| 118 | 6. Section 550.235, s. 550.3551, or s. 550.3605, relating |
| 119 | to dogracing and horseracing. |
| 120 | 7. Chapter 550, relating to jai alai frontons. |
| 121 | 8. Chapter 552, relating to the manufacture, distribution, |
| 122 | and use of explosives. |
| 123 | 9. Chapter 562, relating to beverage law enforcement. |
| 124 | 10. Section 624.401, relating to transacting insurance |
| 125 | without a certificate of authority, s. 624.437(4)(c)1., relating |
| 126 | to operating an unauthorized multiple-employer welfare |
| 127 | arrangement, or s. 626.902(1)(b), relating to representing or |
| 128 | aiding an unauthorized insurer. |
| 129 | 11. Chapter 687, relating to interest and usurious |
| 130 | practices. |
| 131 | 12. Section 721.08, s. 721.09, or s. 721.13, relating to |
| 132 | real estate timeshare plans. |
| 133 | 13. Chapter 782, relating to homicide. |
| 134 | 14. Chapter 784, relating to assault and battery. |
| 135 | 15. Chapter 787, relating to kidnapping or human |
| 136 | trafficking. |
| 137 | 16. Chapter 790, relating to weapons and firearms. |
| 138 | 17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, or |
| 139 | s. 796.07, relating to prostitution. |
| 140 | 18. Chapter 806, relating to arson. |
| 141 | 19. Section 810.02(2)(c), relating to specified burglary |
| 142 | of a dwelling or structure. |
| 143 | 20. Chapter 812, relating to theft, robbery, and related |
| 144 | crimes. |
| 145 | 21. Chapter 815, relating to computer-related crimes. |
| 146 | 22. Chapter 817, relating to fraudulent practices, false |
| 147 | pretenses, fraud generally, and credit card crimes. |
| 148 | 23. Section 827.071, relating to commercial sexual |
| 149 | exploitation of children. |
| 150 | 24. Chapter 831, relating to forgery and counterfeiting. |
| 151 | 25. Chapter 832, relating to issuance of worthless checks |
| 152 | and drafts. |
| 153 | 26. Section 836.05, relating to extortion. |
| 154 | 27. Chapter 837, relating to perjury. |
| 155 | 28. Chapter 838, relating to bribery and misuse of public |
| 156 | office. |
| 157 | 29. Chapter 843, relating to obstruction of justice. |
| 158 | 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or |
| 159 | s. 847.07, relating to obscene literature and profanity. |
| 160 | 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. |
| 161 | 849.25, relating to gambling. |
| 162 | 32. Chapter 893, relating to drug abuse prevention and |
| 163 | control. |
| 164 | 33. Section 914.22 or s. 914.23, relating to witnesses, |
| 165 | victims, or informants. |
| 166 | 34. Section 918.12 or s. 918.13, relating to tampering |
| 167 | with jurors and evidence. |
| 168 | (b) Any conduct which is subject to indictment or |
| 169 | information as a criminal offense and listed in 18 U.S.C. s. |
| 170 | 1961(1) (A), (B), (C), or (D). |
| 171 | Section 3. Section 772.104, Florida Statutes, is amended |
| 172 | to read: |
| 173 | 772.104 Civil cause of action.-- |
| 174 | (1) Any person who proves by clear and convincing evidence |
| 175 | that he or she has been injured by reason of any violation of |
| 176 | the provisions of s. 772.103 shall have a cause of action for |
| 177 | threefold the actual damages sustained and, in any such action, |
| 178 | is entitled to minimum damages in the amount of $200, and |
| 179 | reasonable attorney's fees and court costs in the trial and |
| 180 | appellate courts. |
| 181 | (2) As an alternative to recovery under subsection (1), |
| 182 | any person who proves by clear and convincing evidence that he |
| 183 | or she has been injured by reason of any violation of the |
| 184 | provisions of s. 772.103 due to sex trafficking or human |
| 185 | trafficking shall have a cause of action for threefold the |
| 186 | amount gained from the sex trafficking or human trafficking and |
| 187 | in any such action is entitled to minimum damages in the amount |
| 188 | of $200 and reasonable attorney's fees and court costs in the |
| 189 | trial and appellate courts. |
| 190 | (3) In no event shall punitive damages be awarded under |
| 191 | this section. The defendant shall be entitled to recover |
| 192 | reasonable attorney's fees and court costs in the trial and |
| 193 | appellate courts upon a finding that the claimant raised a claim |
| 194 | which was without substantial fact or legal support. In awarding |
| 195 | attorney's fees and costs under this section, the court shall |
| 196 | not consider the ability of the opposing party to pay such fees |
| 197 | and costs. Nothing under this section shall be interpreted as |
| 198 | limiting any right to recover attorney's fees or costs provided |
| 199 | under other provisions of law. |
| 200 | Section 4. Subsection (1) of section 895.02, Florida |
| 201 | Statutes, as amended by section 3 of chapter 2005-362, Laws of |
| 202 | Florida, is amended to read: |
| 203 | 895.02 Definitions.--As used in ss. 895.01-895.08, the |
| 204 | term: |
| 205 | (1) "Racketeering activity" means to commit, to attempt to |
| 206 | commit, to conspire to commit, or to solicit, coerce, or |
| 207 | intimidate another person to commit: |
| 208 | (a) Any crime that which is chargeable by indictment or |
| 209 | information under the following provisions of the Florida |
| 210 | Statutes: |
| 211 | 1. Section 210.18, relating to evasion of payment of |
| 212 | cigarette taxes. |
| 213 | 2. Section 403.727(3)(b), relating to environmental |
| 214 | control. |
| 215 | 3. Section 409.920 or s. 409.9201, relating to Medicaid |
| 216 | fraud. |
| 217 | 4. Section 414.39, relating to public assistance fraud. |
| 218 | 5. Section 440.105 or s. 440.106, relating to workers' |
| 219 | compensation. |
| 220 | 6. Section 443.071(4), relating to creation of a |
| 221 | fictitious employer scheme to commit unemployment compensation |
| 222 | fraud. |
| 223 | 7. Section 465.0161, relating to distribution of medicinal |
| 224 | drugs without a permit as an Internet pharmacy. |
| 225 | 8. Sections 499.0051, 499.0052, 499.00535, 499.00545, and |
| 226 | 499.0691, relating to crimes involving contraband and |
| 227 | adulterated drugs. |
| 228 | 9. Part IV of chapter 501, relating to telemarketing. |
| 229 | 10. Chapter 517, relating to sale of securities and |
| 230 | investor protection. |
| 231 | 11. Section 550.235, s. 550.3551, or s. 550.3605, relating |
| 232 | to dogracing and horseracing. |
| 233 | 12. Chapter 550, relating to jai alai frontons. |
| 234 | 13. Section 551.109, relating to slot machine gaming. |
| 235 | 14. Chapter 552, relating to the manufacture, |
| 236 | distribution, and use of explosives. |
| 237 | 15. Chapter 560, relating to money transmitters, if the |
| 238 | violation is punishable as a felony. |
| 239 | 16. Chapter 562, relating to beverage law enforcement. |
| 240 | 17. Section 624.401, relating to transacting insurance |
| 241 | without a certificate of authority, s. 624.437(4)(c)1., relating |
| 242 | to operating an unauthorized multiple-employer welfare |
| 243 | arrangement, or s. 626.902(1)(b), relating to representing or |
| 244 | aiding an unauthorized insurer. |
| 245 | 18. Section 655.50, relating to reports of currency |
| 246 | transactions, when such violation is punishable as a felony. |
| 247 | 19. Chapter 687, relating to interest and usurious |
| 248 | practices. |
| 249 | 20. Section 721.08, s. 721.09, or s. 721.13, relating to |
| 250 | real estate timeshare plans. |
| 251 | 21. Chapter 782, relating to homicide. |
| 252 | 22. Chapter 784, relating to assault and battery. |
| 253 | 23. Chapter 787, relating to kidnapping or human |
| 254 | trafficking. |
| 255 | 24. Chapter 790, relating to weapons and firearms. |
| 256 | 25. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s. |
| 257 | 796.05, or s. 796.07, relating to prostitution and sex |
| 258 | trafficking. |
| 259 | 26. Chapter 806, relating to arson. |
| 260 | 27. Section 810.02(2)(c), relating to specified burglary |
| 261 | of a dwelling or structure. |
| 262 | 28. Chapter 812, relating to theft, robbery, and related |
| 263 | crimes. |
| 264 | 29. Chapter 815, relating to computer-related crimes. |
| 265 | 30. Chapter 817, relating to fraudulent practices, false |
| 266 | pretenses, fraud generally, and credit card crimes. |
| 267 | 31. Chapter 825, relating to abuse, neglect, or |
| 268 | exploitation of an elderly person or disabled adult. |
| 269 | 32. Section 827.071, relating to commercial sexual |
| 270 | exploitation of children. |
| 271 | 33. Chapter 831, relating to forgery and counterfeiting. |
| 272 | 34. Chapter 832, relating to issuance of worthless checks |
| 273 | and drafts. |
| 274 | 35. Section 836.05, relating to extortion. |
| 275 | 36. Chapter 837, relating to perjury. |
| 276 | 37. Chapter 838, relating to bribery and misuse of public |
| 277 | office. |
| 278 | 38. Chapter 843, relating to obstruction of justice. |
| 279 | 39. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or |
| 280 | s. 847.07, relating to obscene literature and profanity. |
| 281 | 40. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. |
| 282 | 849.25, relating to gambling. |
| 283 | 41. Chapter 874, relating to criminal street gangs. |
| 284 | 42. Chapter 893, relating to drug abuse prevention and |
| 285 | control. |
| 286 | 43. Chapter 896, relating to offenses related to financial |
| 287 | transactions. |
| 288 | 44. Sections 914.22 and 914.23, relating to tampering with |
| 289 | a witness, victim, or informant, and retaliation against a |
| 290 | witness, victim, or informant. |
| 291 | 45. Sections 918.12 and 918.13, relating to tampering with |
| 292 | jurors and evidence. |
| 293 | (b) Any conduct defined as "racketeering activity" under |
| 294 | 18 U.S.C. s. 1961(1). |
| 295 | Section 5. For the purpose of incorporating the amendment |
| 296 | made by this act to section 895.02, Florida Statutes, in a |
| 297 | reference thereto, paragraph (g) of subsection (3) of section |
| 298 | 655.50, Florida Statutes, is reenacted to read: |
| 299 | 655.50 Florida Control of Money Laundering in Financial |
| 300 | Institutions Act; reports of transactions involving currency or |
| 301 | monetary instruments; when required; purpose; definitions; |
| 302 | penalties.-- |
| 303 | (3) As used in this section, the term: |
| 304 | (g) "Specified unlawful activity" means any "racketeering |
| 305 | activity" as defined in s. 895.02. |
| 306 | Section 6. For the purpose of incorporating the amendment |
| 307 | made by this act to section 895.02, Florida Statutes, in a |
| 308 | reference thereto, paragraph (g) of subsection (2) of section |
| 309 | 896.101, Florida Statutes, is reenacted to read: |
| 310 | 896.101 Florida Money Laundering Act; definitions; |
| 311 | penalties; injunctions; seizure warrants; immunity.-- |
| 312 | (2) As used in this section, the term: |
| 313 | (g) "Specified unlawful activity" means any "racketeering |
| 314 | activity" as defined in s. 895.02. |
| 315 | Section 7. For the purpose of incorporating the amendment |
| 316 | made by this act to section 895.02, Florida Statutes, in a |
| 317 | reference thereto, section 905.34, Florida Statutes, is |
| 318 | reenacted to read: |
| 319 | 905.34 Powers and duties; law applicable.--The |
| 320 | jurisdiction of a statewide grand jury impaneled under this |
| 321 | chapter shall extend throughout the state. The subject matter |
| 322 | jurisdiction of the statewide grand jury shall be limited to the |
| 323 | offenses of: |
| 324 | (1) Bribery, burglary, carjacking, home-invasion robbery, |
| 325 | criminal usury, extortion, gambling, kidnapping, larceny, |
| 326 | murder, prostitution, perjury, and robbery; |
| 327 | (2) Crimes involving narcotic or other dangerous drugs; |
| 328 | (3) Any violation of the provisions of the Florida RICO |
| 329 | (Racketeer Influenced and Corrupt Organization) Act, including |
| 330 | any offense listed in the definition of racketeering activity in |
| 331 | s. 895.02(1)(a), providing such listed offense is investigated |
| 332 | in connection with a violation of s. 895.03 and is charged in a |
| 333 | separate count of an information or indictment containing a |
| 334 | count charging a violation of s. 895.03, the prosecution of |
| 335 | which listed offense may continue independently if the |
| 336 | prosecution of the violation of s. 895.03 is terminated for any |
| 337 | reason; |
| 338 | (4) Any violation of the provisions of the Florida Anti- |
| 339 | Fencing Act; |
| 340 | (5) Any violation of the provisions of the Florida |
| 341 | Antitrust Act of 1980, as amended; |
| 342 | (6) Any violation of the provisions of chapter 815; |
| 343 | (7) Any crime involving, or resulting in, fraud or deceit |
| 344 | upon any person; |
| 345 | (8) Any violation of s. 847.0135, s. 847.0137, or s. |
| 346 | 847.0138 relating to computer pornography and child exploitation |
| 347 | prevention, or any offense related to a violation of s. |
| 348 | 847.0135, s. 847.0137, or s. 847.0138; |
| 349 | (9) Any criminal violation of part I of chapter 499; or |
| 350 | (10) Any criminal violation of s. 409.920 or s. 409.9201; |
| 351 |
|
| 352 | or any attempt, solicitation, or conspiracy to commit any |
| 353 | violation of the crimes specifically enumerated above, when any |
| 354 | such offense is occurring, or has occurred, in two or more |
| 355 | judicial circuits as part of a related transaction or when any |
| 356 | such offense is connected with an organized criminal conspiracy |
| 357 | affecting two or more judicial circuits. The statewide grand |
| 358 | jury may return indictments and presentments irrespective of the |
| 359 | county or judicial circuit where the offense is committed or |
| 360 | triable. If an indictment is returned, it shall be certified and |
| 361 | transferred for trial to the county where the offense was |
| 362 | committed. The powers and duties of, and law applicable to, |
| 363 | county grand juries shall apply to a statewide grand jury except |
| 364 | when such powers, duties, and law are inconsistent with the |
| 365 | provisions of ss. 905.31-905.40. |
| 366 | Section 8. This act shall take effect October 1, 2006. |
| 367 |
|
| 368 | ======= T I T L E A M E N D M E N T ========== |
| 369 | Remove the entire title and insert: |
| 370 | A bill to be entitled |
| 371 | An act relating to human trafficking; amending s. 787.06, |
| 372 | F.S.; providing legislative findings and intent; defining |
| 373 | the term "financial harm"; redefining the term "forced |
| 374 | labor or services" to include circumstances involving the |
| 375 | use of fraud or coercion against a person, the use of |
| 376 | certain debt practices, and the destruction, concealing, |
| 377 | or withholding of a person's identification documents; |
| 378 | providing for attempted human trafficking to be an equal |
| 379 | crime to human trafficking; prohibiting knowingly |
| 380 | benefiting financially or receiving anything of value from |
| 381 | human trafficking when the trafficked person engages in |
| 382 | forced labor or services; providing criminal penalties; |
| 383 | requiring the Criminal Justice Standards and Training |
| 384 | Commission to establish specified standards concerning |
| 385 | human trafficking programs; requiring certain law |
| 386 | enforcement officer basic skills courses to include |
| 387 | training on human trafficking crime prevention and |
| 388 | investigation; requiring state attorneys to develop |
| 389 | standards of instruction for prosecutors concerning human |
| 390 | trafficking crimes; amending s. 772.102, F.S.; expanding |
| 391 | the definition of the term "criminal activity" to include |
| 392 | the offense of human trafficking and the offense of sex |
| 393 | trafficking for purposes of seeking civil remedies for |
| 394 | criminal offenses; amending s. 772.104, F.S.; revising a |
| 395 | civil cause of action relating to injuries by reason of |
| 396 | criminal activity; providing for alternative damages for |
| 397 | violations relating to sex trafficking and human |
| 398 | trafficking; amending s. 895.02, F.S.; redefining the term |
| 399 | "racketeering activity" to include the offense of human |
| 400 | trafficking for purposes of the Florida RICO Act; |
| 401 | reenacting ss. 655.50(3)(g), 896.101(2)(g), and 905.34, |
| 402 | F.S., relating to the definition of "specified unlawful |
| 403 | activity" in a law prohibiting money laundering in |
| 404 | financial institutions and in the Florida Money Laundering |
| 405 | Act and to the subject matter jurisdiction of a statewide |
| 406 | grand jury, to incorporate the amendments made to s. |
| 407 | 895.02, F.S., in references thereto; providing an |
| 408 | effective date. |