Senate Bill sb0250
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Florida Senate - 2006 (Corrected Copy) SB 250
By Senator Margolis
35-370-06
1 A bill to be entitled
2 An act relating to human trafficking; amending
3 s. 787.06, F.S.; providing legislative findings
4 and intent; redefining the term "forced labor
5 or services" to include labor coerced from a
6 person when the person's identification
7 documents are destroyed, concealed, or withheld
8 by another; directing the Florida Court
9 Educational Council to establish standards for
10 instructing circuit and county court judges on
11 matters relating to victims of human
12 trafficking; directing the council to provide
13 for periodic and timely instruction; amending
14 s. 772.102, F.S.; expanding the definition of
15 the term "criminal activity" to include the
16 offense of human trafficking for purposes of
17 seeking civil remedies for criminal offenses;
18 amending s. 895.02, F.S.; redefining the term
19 "racketeering activity" to include the offense
20 of human trafficking for purposes of the
21 Florida RICO Act; reenacting ss. 16.56(1)(a),
22 655.50(3)(g), 896.101(2)(g), and 905.34, F.S.,
23 relating to the authority of the Office of the
24 Statewide Prosecutor, the definition of
25 "specified unlawful activity" in a law
26 prohibiting money laundering in financial
27 institutions and in the Florida Money
28 Laundering Act, and the subject matter
29 jurisdiction of a statewide grand jury, to
30 incorporate the amendments made to s. 895.02,
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1 F.S., in references thereto; providing an
2 effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Section 787.06, Florida Statutes, is
7 amended to read:
8 787.06 Human trafficking.--(1)(a) The Legislature
9 finds that human trafficking is a form of modern-day slavery.
10 Victims of human trafficking are young children, teenagers,
11 and adults. Thousands of victims are trafficked annually
12 across international borders worldwide. Many of these victims
13 are trafficked into this state. The Legislature finds that
14 victims of human trafficking are subjected to force, fraud, or
15 coercion for the purpose of sexual exploitation or forced
16 labor.
17 (b) The Legislature finds that while many victims of
18 human trafficking are forced to work in prostitution or the
19 sexual entertainment industry, trafficking also occurs in
20 forms of labor exploitation, such as domestic servitude,
21 restaurant work, janitorial work, sweatshop factory work, and
22 migrant agricultural work.
23 (c) The Legislature finds that traffickers use various
24 techniques to instill fear in victims and to keep them
25 enslaved. Some traffickers keep their victims under lock and
26 key. However, the most frequently used practices are
27 less-obvious techniques that include isolating victims from
28 the public and family members; confiscating passports, visas,
29 or other identification documents; using or threatening to use
30 violence toward victims or their families; telling victims
31 that they will be imprisoned or deported for immigration
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1 violations if they contact authorities; and controlling the
2 victims' funds by holding the money for "safekeeping."
3 (d) It is the intent of the Legislature that the
4 perpetrators of human trafficking be penalized for their
5 illegal conduct and that the victims of trafficking be
6 protected and assisted by this state and its agencies. In
7 furtherance of this policy, it is the intent of the
8 Legislature that the State Supreme Court, The Florida Bar, and
9 relevant state agencies prepare and implement training
10 programs in order that judges, attorneys, law enforcement
11 personnel, investigators, and others are able to identify
12 traffickers and victims of human trafficking and direct
13 victims to appropriate agencies for assistance. It is the
14 intent of the Legislature that the Department of Children and
15 Family Services and other state agencies cooperate with other
16 state and federal agencies to ensure that victims of human
17 trafficking can access social services and benefits to
18 alleviate their plight.
19 (2)(1) As used in this section, the term:
20 (a) "Forced labor or services" means labor or services
21 obtained from a person by:
22 1. Using or threatening to use physical force against
23 that person or another person; or
24 2. Restraining, isolating, or confining or threatening
25 to restrain, isolate, or confine that person or another person
26 without lawful authority and against her or his will; or.
27 3. Destroying, concealing, removing, confiscating,
28 withholding, or possessing any actual or purported passport,
29 visa, or other immigration document, or any other actual or
30 purported government identification document, of that person
31 or another person.
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1 (b) "Human trafficking" means transporting,
2 soliciting, recruiting, harboring, providing, or obtaining
3 another person for transport.
4 (3)(2) Any person who knowingly engages in human
5 trafficking with the intent that the trafficked person engage
6 in forced labor or services commits a felony of the second
7 degree, punishable as provided in s. 775.082, s. 775.083, or
8 s. 775.084.
9 (4) The Florida Court Educational Council shall
10 establish standards of instruction for circuit and county
11 court judges who hear cases involving victims of human
12 trafficking and shall provide for periodic and timely
13 instruction.
14 Section 2. Subsection (1) of section 772.102, Florida
15 Statutes, is amended to read:
16 772.102 Definitions.--As used in this chapter, the
17 term:
18 (1) "Criminal activity" means to commit, to attempt to
19 commit, to conspire to commit, or to solicit, coerce, or
20 intimidate another person to commit:
21 (a) Any crime that which is chargeable by indictment
22 or information under the following provisions:
23 1. Section 210.18, relating to evasion of payment of
24 cigarette taxes.
25 2. Section 414.39, relating to public assistance
26 fraud.
27 3. Section 440.105 or s. 440.106, relating to workers'
28 compensation.
29 4. Part IV of chapter 501, relating to telemarketing.
30 5. Chapter 517, relating to securities transactions.
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1 6. Section 550.235, s. 550.3551, or s. 550.3605,
2 relating to dogracing and horseracing.
3 7. Chapter 550, relating to jai alai frontons.
4 8. Chapter 552, relating to the manufacture,
5 distribution, and use of explosives.
6 9. Chapter 562, relating to beverage law enforcement.
7 10. Section 624.401, relating to transacting insurance
8 without a certificate of authority, s. 624.437(4)(c)1.,
9 relating to operating an unauthorized multiple-employer
10 welfare arrangement, or s. 626.902(1)(b), relating to
11 representing or aiding an unauthorized insurer.
12 11. Chapter 687, relating to interest and usurious
13 practices.
14 12. Section 721.08, s. 721.09, or s. 721.13, relating
15 to real estate timeshare plans.
16 13. Chapter 782, relating to homicide.
17 14. Chapter 784, relating to assault and battery.
18 15. Chapter 787, relating to kidnapping or human
19 trafficking.
20 16. Chapter 790, relating to weapons and firearms.
21 17. Section 796.03, s. 796.04, s. 796.05, or s.
22 796.07, relating to prostitution.
23 18. Chapter 806, relating to arson.
24 19. Section 810.02(2)(c), relating to specified
25 burglary of a dwelling or structure.
26 20. Chapter 812, relating to theft, robbery, and
27 related crimes.
28 21. Chapter 815, relating to computer-related crimes.
29 22. Chapter 817, relating to fraudulent practices,
30 false pretenses, fraud generally, and credit card crimes.
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1 23. Section 827.071, relating to commercial sexual
2 exploitation of children.
3 24. Chapter 831, relating to forgery and
4 counterfeiting.
5 25. Chapter 832, relating to issuance of worthless
6 checks and drafts.
7 26. Section 836.05, relating to extortion.
8 27. Chapter 837, relating to perjury.
9 28. Chapter 838, relating to bribery and misuse of
10 public office.
11 29. Chapter 843, relating to obstruction of justice.
12 30. Section 847.011, s. 847.012, s. 847.013, s.
13 847.06, or s. 847.07, relating to obscene literature and
14 profanity.
15 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23,
16 or s. 849.25, relating to gambling.
17 32. Chapter 893, relating to drug abuse prevention and
18 control.
19 33. Section 914.22 or s. 914.23, relating to
20 witnesses, victims, or informants.
21 34. Section 918.12 or s. 918.13, relating to tampering
22 with jurors and evidence.
23 (b) Any conduct which is subject to indictment or
24 information as a criminal offense and listed in 18 U.S.C. s.
25 1961(1) (A), (B), (C), or (D).
26 Section 3. Subsection (1) of section 895.02, Florida
27 Statutes, is amended to read:
28 895.02 Definitions.--As used in ss. 895.01-895.08, the
29 term:
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1 (1) "Racketeering activity" means to commit, to
2 attempt to commit, to conspire to commit, or to solicit,
3 coerce, or intimidate another person to commit:
4 (a) Any crime which is chargeable by indictment or
5 information under the following provisions of the Florida
6 Statutes:
7 1. Section 210.18, relating to evasion of payment of
8 cigarette taxes.
9 2. Section 403.727(3)(b), relating to environmental
10 control.
11 3. Section 409.920 or s. 409.9201, relating to
12 Medicaid fraud.
13 4. Section 414.39, relating to public assistance
14 fraud.
15 5. Section 440.105 or s. 440.106, relating to workers'
16 compensation.
17 6. Section 443.071(4), relating to creation of a
18 fictitious employer scheme to commit unemployment compensation
19 fraud.
20 7. Section 465.0161, relating to distribution of
21 medicinal drugs without a permit as an Internet pharmacy.
22 8. Sections 499.0051, 499.0052, 499.00535, 499.00545,
23 and 499.0691, relating to crimes involving contraband and
24 adulterated drugs.
25 9. Part IV of chapter 501, relating to telemarketing.
26 10. Chapter 517, relating to sale of securities and
27 investor protection.
28 11. Section 550.235, s. 550.3551, or s. 550.3605,
29 relating to dogracing and horseracing.
30 12. Chapter 550, relating to jai alai frontons.
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1 13. Chapter 552, relating to the manufacture,
2 distribution, and use of explosives.
3 14. Chapter 560, relating to money transmitters, if
4 the violation is punishable as a felony.
5 15. Chapter 562, relating to beverage law enforcement.
6 16. Section 624.401, relating to transacting insurance
7 without a certificate of authority, s. 624.437(4)(c)1.,
8 relating to operating an unauthorized multiple-employer
9 welfare arrangement, or s. 626.902(1)(b), relating to
10 representing or aiding an unauthorized insurer.
11 17. Section 655.50, relating to reports of currency
12 transactions, when such violation is punishable as a felony.
13 18. Chapter 687, relating to interest and usurious
14 practices.
15 19. Section 721.08, s. 721.09, or s. 721.13, relating
16 to real estate timeshare plans.
17 20. Chapter 782, relating to homicide.
18 21. Chapter 784, relating to assault and battery.
19 22. Chapter 787, relating to kidnapping or human
20 trafficking.
21 23. Chapter 790, relating to weapons and firearms.
22 24. Section 796.03, s. 796.035, s. 796.04, s. 796.045,
23 s. 796.05, or s. 796.07, relating to prostitution and sex
24 trafficking.
25 25. Chapter 806, relating to arson.
26 26. Section 810.02(2)(c), relating to specified
27 burglary of a dwelling or structure.
28 27. Chapter 812, relating to theft, robbery, and
29 related crimes.
30 28. Chapter 815, relating to computer-related crimes.
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1 29. Chapter 817, relating to fraudulent practices,
2 false pretenses, fraud generally, and credit card crimes.
3 30. Chapter 825, relating to abuse, neglect, or
4 exploitation of an elderly person or disabled adult.
5 31. Section 827.071, relating to commercial sexual
6 exploitation of children.
7 32. Chapter 831, relating to forgery and
8 counterfeiting.
9 33. Chapter 832, relating to issuance of worthless
10 checks and drafts.
11 34. Section 836.05, relating to extortion.
12 35. Chapter 837, relating to perjury.
13 36. Chapter 838, relating to bribery and misuse of
14 public office.
15 37. Chapter 843, relating to obstruction of justice.
16 38. Section 847.011, s. 847.012, s. 847.013, s.
17 847.06, or s. 847.07, relating to obscene literature and
18 profanity.
19 39. Section 849.09, s. 849.14, s. 849.15, s. 849.23,
20 or s. 849.25, relating to gambling.
21 40. Chapter 874, relating to criminal street gangs.
22 41. Chapter 893, relating to drug abuse prevention and
23 control.
24 42. Chapter 896, relating to offenses related to
25 financial transactions.
26 43. Sections 914.22 and 914.23, relating to tampering
27 with a witness, victim, or informant, and retaliation against
28 a witness, victim, or informant.
29 44. Sections 918.12 and 918.13, relating to tampering
30 with jurors and evidence.
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1 (b) Any conduct defined as "racketeering activity"
2 under 18 U.S.C. s. 1961(1).
3 Section 4. For the purpose of incorporating the
4 amendment made by this act to section 895.02, Florida
5 Statutes, in a reference thereto, paragraph (a) of subsection
6 (1) of section 16.56, Florida Statutes, is reenacted to read:
7 16.56 Office of Statewide Prosecution.--
8 (1) There is created in the Department of Legal
9 Affairs an Office of Statewide Prosecution. The office shall
10 be a separate "budget entity" as that term is defined in
11 chapter 216. The office may:
12 (a) Investigate and prosecute the offenses of:
13 1. Bribery, burglary, criminal usury, extortion,
14 gambling, kidnapping, larceny, murder, prostitution, perjury,
15 robbery, carjacking, and home-invasion robbery;
16 2. Any crime involving narcotic or other dangerous
17 drugs;
18 3. Any violation of the provisions of the Florida RICO
19 (Racketeer Influenced and Corrupt Organization) Act, including
20 any offense listed in the definition of racketeering activity
21 in s. 895.02(1)(a), providing such listed offense is
22 investigated in connection with a violation of s. 895.03 and
23 is charged in a separate count of an information or indictment
24 containing a count charging a violation of s. 895.03, the
25 prosecution of which listed offense may continue independently
26 if the prosecution of the violation of s. 895.03 is terminated
27 for any reason;
28 4. Any violation of the provisions of the Florida
29 Anti-Fencing Act;
30 5. Any violation of the provisions of the Florida
31 Antitrust Act of 1980, as amended;
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1 6. Any crime involving, or resulting in, fraud or
2 deceit upon any person;
3 7. Any violation of s. 847.0135, relating to computer
4 pornography and child exploitation prevention, or any offense
5 related to a violation of s. 847.0135;
6 8. Any violation of the provisions of chapter 815;
7 9. Any criminal violation of part I of chapter 499;
8 10. Any violation of the provisions of the Florida
9 Motor Fuel Tax Relief Act of 2004;
10 11. Any criminal violation of s. 409.920 or s.
11 409.9201; or
12 12. Any crime involving voter registration, voting, or
13 candidate or issue petition activities;
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15 or any attempt, solicitation, or conspiracy to commit any of
16 the crimes specifically enumerated above. The office shall
17 have such power only when any such offense is occurring, or
18 has occurred, in two or more judicial circuits as part of a
19 related transaction, or when any such offense is connected
20 with an organized criminal conspiracy affecting two or more
21 judicial circuits.
22 Section 5. For the purpose of incorporating the
23 amendment made by this act to section 895.02, Florida
24 Statutes, in a reference thereto, paragraph (g) of subsection
25 (3) of section 655.50, Florida Statutes, is reenacted to read:
26 655.50 Florida Control of Money Laundering in
27 Financial Institutions Act; reports of transactions involving
28 currency or monetary instruments; when required; purpose;
29 definitions; penalties.--
30 (3) As used in this section, the term:
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1 (g) "Specified unlawful activity" means any
2 "racketeering activity" as defined in s. 895.02.
3 Section 6. For the purpose of incorporating the
4 amendment made by this act to section 895.02, Florida
5 Statutes, in a reference thereto, paragraph (g) of subsection
6 (2) of section 896.101, Florida Statutes, is reenacted to
7 read:
8 896.101 Florida Money Laundering Act; definitions;
9 penalties; injunctions; seizure warrants; immunity.--
10 (2) As used in this section, the term:
11 (g) "Specified unlawful activity" means any
12 "racketeering activity" as defined in s. 895.02.
13 Section 7. For the purpose of incorporating the
14 amendment made by this act to section 895.02, Florida
15 Statutes, in a reference thereto, section 905.34, Florida
16 Statutes, is reenacted to read:
17 905.34 Powers and duties; law applicable.--The
18 jurisdiction of a statewide grand jury impaneled under this
19 chapter shall extend throughout the state. The subject matter
20 jurisdiction of the statewide grand jury shall be limited to
21 the offenses of:
22 (1) Bribery, burglary, carjacking, home-invasion
23 robbery, criminal usury, extortion, gambling, kidnapping,
24 larceny, murder, prostitution, perjury, and robbery;
25 (2) Crimes involving narcotic or other dangerous
26 drugs;
27 (3) Any violation of the provisions of the Florida
28 RICO (Racketeer Influenced and Corrupt Organization) Act,
29 including any offense listed in the definition of racketeering
30 activity in s. 895.02(1)(a), providing such listed offense is
31 investigated in connection with a violation of s. 895.03 and
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1 is charged in a separate count of an information or indictment
2 containing a count charging a violation of s. 895.03, the
3 prosecution of which listed offense may continue independently
4 if the prosecution of the violation of s. 895.03 is terminated
5 for any reason;
6 (4) Any violation of the provisions of the Florida
7 Anti-Fencing Act;
8 (5) Any violation of the provisions of the Florida
9 Antitrust Act of 1980, as amended;
10 (6) Any violation of the provisions of chapter 815;
11 (7) Any crime involving, or resulting in, fraud or
12 deceit upon any person;
13 (8) Any violation of s. 847.0135, s. 847.0137, or s.
14 847.0138 relating to computer pornography and child
15 exploitation prevention, or any offense related to a violation
16 of s. 847.0135, s. 847.0137, or s. 847.0138;
17 (9) Any criminal violation of part I of chapter 499;
18 or
19 (10) Any criminal violation of s. 409.920 or s.
20 409.9201;
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22 or any attempt, solicitation, or conspiracy to commit any
23 violation of the crimes specifically enumerated above, when
24 any such offense is occurring, or has occurred, in two or more
25 judicial circuits as part of a related transaction or when any
26 such offense is connected with an organized criminal
27 conspiracy affecting two or more judicial circuits. The
28 statewide grand jury may return indictments and presentments
29 irrespective of the county or judicial circuit where the
30 offense is committed or triable. If an indictment is
31 returned, it shall be certified and transferred for trial to
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1 the county where the offense was committed. The powers and
2 duties of, and law applicable to, county grand juries shall
3 apply to a statewide grand jury except when such powers,
4 duties, and law are inconsistent with the provisions of ss.
5 905.31-905.40.
6 Section 8. This act shall take effect October 1, 2006.
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9 SENATE SUMMARY
10 Redefines the term "forced labor or services" to include
labor coerced from a person when the person's
11 identification documents are destroyed, concealed, or
withheld by another. Requires the Florida Court
12 Educational Council to establish standards for
instructing circuit and county court judges on matters
13 relating to victims of human trafficking. Expands the
definition of the term "criminal activity" to include the
14 offense of human trafficking for purposes of seeking
civil remedies for criminal offenses. Redefines the term
15 "racketeering activity" to include the offense of human
trafficking for purposes of the Florida RICO Act.
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