1 | Representative Gannon offered the following: |
2 |
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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 or the length and nature of the labor or |
65 | the 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 |
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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 Florida Court Educational Council shall establish |
92 | standards of instruction for circuit court judges and county |
93 | court judges who hear cases involving victims of human |
94 | trafficking and shall provide for periodic and timely |
95 | instruction. |
96 | (5) The Criminal Justice Standards and Training Commission |
97 | shall establish standards for basic and advanced training |
98 | programs for law enforcement officers in the subjects of |
99 | investigating and preventing human trafficking crimes. After |
100 | January 1, 2007, every basic skills course required for law |
101 | enforcement officers to obtain initial certification must |
102 | include training on human trafficking crime prevention and |
103 | investigation. |
104 | (6) Each state attorney shall develop standards of |
105 | instruction for prosecutors to receive training on the |
106 | investigation and prosecution of human trafficking crimes and |
107 | shall provide for periodic and timely instruction. |
108 | Section 2. Subsection (1) of section 772.102, Florida |
109 | Statutes, is amended to read: |
110 | 772.102 Definitions.--As used in this chapter, the term: |
111 | (1) "Criminal activity" means to commit, to attempt to |
112 | commit, to conspire to commit, or to solicit, coerce, or |
113 | intimidate another person to commit: |
114 | (a) Any crime that which is chargeable by indictment or |
115 | information under the following provisions: |
116 | 1. Section 210.18, relating to evasion of payment of |
117 | cigarette taxes. |
118 | 2. Section 414.39, relating to public assistance fraud. |
119 | 3. Section 440.105 or s. 440.106, relating to workers' |
120 | compensation. |
121 | 4. Part IV of chapter 501, relating to telemarketing. |
122 | 5. Chapter 517, relating to securities transactions. |
123 | 6. Section 550.235, s. 550.3551, or s. 550.3605, relating |
124 | to dogracing and horseracing. |
125 | 7. Chapter 550, relating to jai alai frontons. |
126 | 8. Chapter 552, relating to the manufacture, distribution, |
127 | and use of explosives. |
128 | 9. Chapter 562, relating to beverage law enforcement. |
129 | 10. Section 624.401, relating to transacting insurance |
130 | without a certificate of authority, s. 624.437(4)(c)1., relating |
131 | to operating an unauthorized multiple-employer welfare |
132 | arrangement, or s. 626.902(1)(b), relating to representing or |
133 | aiding an unauthorized insurer. |
134 | 11. Chapter 687, relating to interest and usurious |
135 | practices. |
136 | 12. Section 721.08, s. 721.09, or s. 721.13, relating to |
137 | real estate timeshare plans. |
138 | 13. Chapter 782, relating to homicide. |
139 | 14. Chapter 784, relating to assault and battery. |
140 | 15. Chapter 787, relating to kidnapping or human |
141 | trafficking. |
142 | 16. Chapter 790, relating to weapons and firearms. |
143 | 17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, or |
144 | s. 796.07, relating to prostitution. |
145 | 18. Chapter 806, relating to arson. |
146 | 19. Section 810.02(2)(c), relating to specified burglary |
147 | of a dwelling or structure. |
148 | 20. Chapter 812, relating to theft, robbery, and related |
149 | crimes. |
150 | 21. Chapter 815, relating to computer-related crimes. |
151 | 22. Chapter 817, relating to fraudulent practices, false |
152 | pretenses, fraud generally, and credit card crimes. |
153 | 23. Section 827.071, relating to commercial sexual |
154 | exploitation of children. |
155 | 24. Chapter 831, relating to forgery and counterfeiting. |
156 | 25. Chapter 832, relating to issuance of worthless checks |
157 | and drafts. |
158 | 26. Section 836.05, relating to extortion. |
159 | 27. Chapter 837, relating to perjury. |
160 | 28. Chapter 838, relating to bribery and misuse of public |
161 | office. |
162 | 29. Chapter 843, relating to obstruction of justice. |
163 | 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or |
164 | s. 847.07, relating to obscene literature and profanity. |
165 | 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. |
166 | 849.25, relating to gambling. |
167 | 32. Chapter 893, relating to drug abuse prevention and |
168 | control. |
169 | 33. Section 914.22 or s. 914.23, relating to witnesses, |
170 | victims, or informants. |
171 | 34. Section 918.12 or s. 918.13, relating to tampering |
172 | with jurors and evidence. |
173 | (b) Any conduct which is subject to indictment or |
174 | information as a criminal offense and listed in 18 U.S.C. s. |
175 | 1961(1) (A), (B), (C), or (D). |
176 | Section 3. Section 772.104, Florida Statutes, is amended |
177 | to read: |
178 | 772.104 Civil cause of action.-- |
179 | (1) Any person who proves by clear and convincing evidence |
180 | that he or she has been injured by reason of any violation of |
181 | the provisions of s. 772.103 shall have a cause of action for |
182 | threefold the actual damages sustained and, in any such action, |
183 | is entitled to minimum damages in the amount of $200, and |
184 | reasonable attorney's fees and court costs in the trial and |
185 | appellate courts. |
186 | (2) As an alternative to recovery under subsection (1), |
187 | any person who proves by clear and convincing evidence that he |
188 | or she has been injured by reason of any violation of the |
189 | provisions of s. 772.103 due to sex trafficking or human |
190 | trafficking shall have a cause of action for threefold the |
191 | amount gained from the sex trafficking or human trafficking and |
192 | in any such action is entitled to minimum damages in the amount |
193 | of $200 and reasonable attorney's fees and court costs in the |
194 | trial and appellate courts. |
195 | (3) In no event shall punitive damages be awarded under |
196 | this section. The defendant shall be entitled to recover |
197 | reasonable attorney's fees and court costs in the trial and |
198 | appellate courts upon a finding that the claimant raised a claim |
199 | which was without substantial fact or legal support. In awarding |
200 | attorney's fees and costs under this section, the court shall |
201 | not consider the ability of the opposing party to pay such fees |
202 | and costs. Nothing under this section shall be interpreted as |
203 | limiting any right to recover attorney's fees or costs provided |
204 | under other provisions of law. |
205 | Section 4. Subsection (1) of section 895.02, Florida |
206 | Statutes, as amended by section 3 of chapter 2005-362, Laws of |
207 | Florida, is amended to read: |
208 | 895.02 Definitions.--As used in ss. 895.01-895.08, the |
209 | term: |
210 | (1) "Racketeering activity" means to commit, to attempt to |
211 | commit, to conspire to commit, or to solicit, coerce, or |
212 | intimidate another person to commit: |
213 | (a) Any crime that which is chargeable by indictment or |
214 | information under the following provisions of the Florida |
215 | Statutes: |
216 | 1. Section 210.18, relating to evasion of payment of |
217 | cigarette taxes. |
218 | 2. Section 403.727(3)(b), relating to environmental |
219 | control. |
220 | 3. Section 409.920 or s. 409.9201, relating to Medicaid |
221 | fraud. |
222 | 4. Section 414.39, relating to public assistance fraud. |
223 | 5. Section 440.105 or s. 440.106, relating to workers' |
224 | compensation. |
225 | 6. Section 443.071(4), relating to creation of a |
226 | fictitious employer scheme to commit unemployment compensation |
227 | fraud. |
228 | 7. Section 465.0161, relating to distribution of medicinal |
229 | drugs without a permit as an Internet pharmacy. |
230 | 8. Sections 499.0051, 499.0052, 499.00535, 499.00545, and |
231 | 499.0691, relating to crimes involving contraband and |
232 | adulterated drugs. |
233 | 9. Part IV of chapter 501, relating to telemarketing. |
234 | 10. Chapter 517, relating to sale of securities and |
235 | investor protection. |
236 | 11. Section 550.235, s. 550.3551, or s. 550.3605, relating |
237 | to dogracing and horseracing. |
238 | 12. Chapter 550, relating to jai alai frontons. |
239 | 13. Section 551.109, relating to slot machine gaming. |
240 | 14. Chapter 552, relating to the manufacture, |
241 | distribution, and use of explosives. |
242 | 15. Chapter 560, relating to money transmitters, if the |
243 | violation is punishable as a felony. |
244 | 16. Chapter 562, relating to beverage law enforcement. |
245 | 17. Section 624.401, relating to transacting insurance |
246 | without a certificate of authority, s. 624.437(4)(c)1., relating |
247 | to operating an unauthorized multiple-employer welfare |
248 | arrangement, or s. 626.902(1)(b), relating to representing or |
249 | aiding an unauthorized insurer. |
250 | 18. Section 655.50, relating to reports of currency |
251 | transactions, when such violation is punishable as a felony. |
252 | 19. Chapter 687, relating to interest and usurious |
253 | practices. |
254 | 20. Section 721.08, s. 721.09, or s. 721.13, relating to |
255 | real estate timeshare plans. |
256 | 21. Chapter 782, relating to homicide. |
257 | 22. Chapter 784, relating to assault and battery. |
258 | 23. Chapter 787, relating to kidnapping or human |
259 | trafficking. |
260 | 24. Chapter 790, relating to weapons and firearms. |
261 | 25. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s. |
262 | 796.05, or s. 796.07, relating to prostitution and sex |
263 | trafficking. |
264 | 26. Chapter 806, relating to arson. |
265 | 27. Section 810.02(2)(c), relating to specified burglary |
266 | of a dwelling or structure. |
267 | 28. Chapter 812, relating to theft, robbery, and related |
268 | crimes. |
269 | 29. Chapter 815, relating to computer-related crimes. |
270 | 30. Chapter 817, relating to fraudulent practices, false |
271 | pretenses, fraud generally, and credit card crimes. |
272 | 31. Chapter 825, relating to abuse, neglect, or |
273 | exploitation of an elderly person or disabled adult. |
274 | 32. Section 827.071, relating to commercial sexual |
275 | exploitation of children. |
276 | 33. Chapter 831, relating to forgery and counterfeiting. |
277 | 34. Chapter 832, relating to issuance of worthless checks |
278 | and drafts. |
279 | 35. Section 836.05, relating to extortion. |
280 | 36. Chapter 837, relating to perjury. |
281 | 37. Chapter 838, relating to bribery and misuse of public |
282 | office. |
283 | 38. Chapter 843, relating to obstruction of justice. |
284 | 39. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or |
285 | s. 847.07, relating to obscene literature and profanity. |
286 | 40. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. |
287 | 849.25, relating to gambling. |
288 | 41. Chapter 874, relating to criminal street gangs. |
289 | 42. Chapter 893, relating to drug abuse prevention and |
290 | control. |
291 | 43. Chapter 896, relating to offenses related to financial |
292 | transactions. |
293 | 44. Sections 914.22 and 914.23, relating to tampering with |
294 | a witness, victim, or informant, and retaliation against a |
295 | witness, victim, or informant. |
296 | 45. Sections 918.12 and 918.13, relating to tampering with |
297 | jurors and evidence. |
298 | (b) Any conduct defined as "racketeering activity" under |
299 | 18 U.S.C. s. 1961(1). |
300 | Section 5. For the purpose of incorporating the amendment |
301 | made by this act to section 895.02, Florida Statutes, in a |
302 | reference thereto, paragraph (g) of subsection (3) of section |
303 | 655.50, Florida Statutes, is reenacted to read: |
304 | 655.50 Florida Control of Money Laundering in Financial |
305 | Institutions Act; reports of transactions involving currency or |
306 | monetary instruments; when required; purpose; definitions; |
307 | penalties.-- |
308 | (3) As used in this section, the term: |
309 | (g) "Specified unlawful activity" means any "racketeering |
310 | activity" as defined in s. 895.02. |
311 | Section 6. For the purpose of incorporating the amendment |
312 | made by this act to section 895.02, Florida Statutes, in a |
313 | reference thereto, paragraph (g) of subsection (2) of section |
314 | 896.101, Florida Statutes, is reenacted to read: |
315 | 896.101 Florida Money Laundering Act; definitions; |
316 | penalties; injunctions; seizure warrants; immunity.-- |
317 | (2) As used in this section, the term: |
318 | (g) "Specified unlawful activity" means any "racketeering |
319 | activity" as defined in s. 895.02. |
320 | Section 7. For the purpose of incorporating the amendment |
321 | made by this act to section 895.02, Florida Statutes, in a |
322 | reference thereto, section 905.34, Florida Statutes, is |
323 | reenacted to read: |
324 | 905.34 Powers and duties; law applicable.--The |
325 | jurisdiction of a statewide grand jury impaneled under this |
326 | chapter shall extend throughout the state. The subject matter |
327 | jurisdiction of the statewide grand jury shall be limited to the |
328 | offenses of: |
329 | (1) Bribery, burglary, carjacking, home-invasion robbery, |
330 | criminal usury, extortion, gambling, kidnapping, larceny, |
331 | murder, prostitution, perjury, and robbery; |
332 | (2) Crimes involving narcotic or other dangerous drugs; |
333 | (3) Any violation of the provisions of the Florida RICO |
334 | (Racketeer Influenced and Corrupt Organization) Act, including |
335 | any offense listed in the definition of racketeering activity in |
336 | s. 895.02(1)(a), providing such listed offense is investigated |
337 | in connection with a violation of s. 895.03 and is charged in a |
338 | separate count of an information or indictment containing a |
339 | count charging a violation of s. 895.03, the prosecution of |
340 | which listed offense may continue independently if the |
341 | prosecution of the violation of s. 895.03 is terminated for any |
342 | reason; |
343 | (4) Any violation of the provisions of the Florida Anti- |
344 | Fencing Act; |
345 | (5) Any violation of the provisions of the Florida |
346 | Antitrust Act of 1980, as amended; |
347 | (6) Any violation of the provisions of chapter 815; |
348 | (7) Any crime involving, or resulting in, fraud or deceit |
349 | upon any person; |
350 | (8) Any violation of s. 847.0135, s. 847.0137, or s. |
351 | 847.0138 relating to computer pornography and child exploitation |
352 | prevention, or any offense related to a violation of s. |
353 | 847.0135, s. 847.0137, or s. 847.0138; |
354 | (9) Any criminal violation of part I of chapter 499; or |
355 | (10) Any criminal violation of s. 409.920 or s. 409.9201; |
356 |
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357 | or any attempt, solicitation, or conspiracy to commit any |
358 | violation of the crimes specifically enumerated above, when any |
359 | such offense is occurring, or has occurred, in two or more |
360 | judicial circuits as part of a related transaction or when any |
361 | such offense is connected with an organized criminal conspiracy |
362 | affecting two or more judicial circuits. The statewide grand |
363 | jury may return indictments and presentments irrespective of the |
364 | county or judicial circuit where the offense is committed or |
365 | triable. If an indictment is returned, it shall be certified and |
366 | transferred for trial to the county where the offense was |
367 | committed. The powers and duties of, and law applicable to, |
368 | county grand juries shall apply to a statewide grand jury except |
369 | when such powers, duties, and law are inconsistent with the |
370 | provisions of ss. 905.31-905.40. |
371 | Section 8. This act shall take effect October 1, 2006. |
372 |
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373 | ======= T I T L E A M E N D M E N T ========== |
374 | Remove the entire title and insert: |
375 | A bill to be entitled |
376 | An act relating to human trafficking; amending s. 787.06, |
377 | F.S.; providing legislative findings and intent; defining |
378 | the term "financial harm"; redefining the term "forced |
379 | labor or services" to include circumstances involving the |
380 | use of fraud or coercion against a person, the use of |
381 | certain debt practices, and the destruction, concealing, |
382 | or withholding of a person's identification documents; |
383 | providing for attempted human trafficking to be an equal |
384 | crime to human trafficking; prohibiting knowingly |
385 | benefiting financially or receiving anything of value from |
386 | human trafficking when the trafficked person engages in |
387 | forced labor or services; providing criminal penalties; |
388 | requiring the Florida Court Educational Council to develop |
389 | specified instructional standards for certain judges |
390 | concerning human trafficking; requiring the Criminal |
391 | Justice Standards and Training Commission to establish |
392 | specified standards concerning human trafficking; |
393 | requiring basic skills courses for law enforcement |
394 | officers to include training on human trafficking |
395 | prevention and investigation; requiring state attorneys to |
396 | develop standards of instruction for prosecutors |
397 | concerning human trafficking crimes; amending s. 772.102, |
398 | F.S.; expanding the definition of the term "criminal |
399 | activity" to include the offense of human trafficking and |
400 | the offense of sex trafficking for purposes of seeking |
401 | civil remedies for criminal offenses; amending s. 772.104, |
402 | F.S.; revising a civil cause of action relating to |
403 | injuries by reason of criminal activity; providing for |
404 | alternative damages for violations relating to sex |
405 | trafficking and human trafficking; amending s. 895.02, |
406 | F.S.; redefining the term "racketeering activity" to |
407 | include the offense of human trafficking for purposes of |
408 | the Florida RICO Act; reenacting ss. 655.50(3)(g), |
409 | 896.101(2)(g), and 905.34, F.S., relating to the |
410 | definition of "specified unlawful activity" in a law |
411 | prohibiting money laundering in financial institutions and |
412 | in the Florida Money Laundering Act and to the subject |
413 | matter jurisdiction of a statewide grand jury, to |
414 | incorporate the amendments made to s. 895.02, F.S., in |
415 | references thereto; providing an effective date. |