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,

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 250
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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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    Florida Senate - 2006        (Corrected Copy)           SB 250
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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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    Florida Senate - 2006        (Corrected Copy)           SB 250
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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.

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 250
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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.

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 250
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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:

30  

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 250
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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.

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 250
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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.

31  

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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.

31  

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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;

14  

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:

31  

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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;

21  

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.

 7  

 8            *****************************************

 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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