Senate Bill sb0250e2
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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; defining the term "financial harm";
5 redefining the term "forced labor or services"
6 to include circumstances involving the use of
7 fraud or coercion against a person, the use of
8 certain debt practices, and the destruction,
9 concealing, or withholding of a person's
10 identification documents; providing for
11 attempted human trafficking to be an equal
12 crime to human trafficking; prohibiting
13 knowingly benefiting financially or receiving
14 anything of value from human trafficking when
15 the trafficked person engages in forced labor
16 or services; providing criminal penalties;
17 requiring the Criminal Justice Standards and
18 Training Commission to establish specified
19 standards concerning human trafficking
20 programs; requiring certain law enforcement
21 officer basic skills courses to include
22 training on human trafficking crime prevention
23 and investigation; requiring state attorneys to
24 develop standards of instruction for
25 prosecutors concerning human trafficking
26 crimes; amending s. 772.102, F.S.; expanding
27 the definition of the term "criminal activity"
28 to include the offense of human trafficking and
29 the offense of sex trafficking for purposes of
30 seeking civil remedies for criminal offenses;
31 amending s. 772.104, F.S.; revising a civil
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1 cause of action relating to injuries by reason
2 of criminal activity; providing for alternative
3 damages for violations relating to sex
4 trafficking and human trafficking; amending s.
5 895.02, F.S.; redefining the term "racketeering
6 activity" to include the offense of human
7 trafficking for purposes of the Florida RICO
8 Act; reenacting ss. 655.50(3)(g),
9 896.101(2)(g), and 905.34, F.S., relating to
10 the definition of "specified unlawful activity"
11 in a law prohibiting money laundering in
12 financial institutions and in the Florida Money
13 Laundering Act and to the subject matter
14 jurisdiction of a statewide grand jury, to
15 incorporate the amendments made to s. 895.02,
16 F.S., in references thereto; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 787.06, Florida Statutes, is
22 amended to read:
23 787.06 Human trafficking.--
24 (1)(a) The Legislature finds that human trafficking is
25 a form of modern-day slavery. Victims of human trafficking are
26 young children, teenagers, and adults. Thousands of victims
27 are trafficked annually across international borders
28 worldwide. Many of these victims are trafficked into this
29 state. The Legislature finds that victims of human trafficking
30 are subjected to force, fraud, or coercion for the purpose of
31 sexual exploitation or forced labor.
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1 (b) The Legislature finds that while many victims of
2 human trafficking are forced to work in prostitution or the
3 sexual entertainment industry, trafficking also occurs in
4 forms of labor exploitation, such as domestic servitude,
5 restaurant work, janitorial work, sweatshop factory work, and
6 migrant agricultural work.
7 (c) The Legislature finds that traffickers use various
8 techniques to instill fear in victims and to keep them
9 enslaved. Some traffickers keep their victims under lock and
10 key. However, the most frequently used practices are less
11 obvious techniques that include isolating victims from the
12 public and family members; confiscating passports, visas, or
13 other identification documents; using or threatening to use
14 violence toward victims or their families; telling victims
15 that they will be imprisoned or deported for immigration
16 violations if they contact authorities; and controlling the
17 victims' funds by holding the money ostensibly for
18 safekeeping.
19 (d) It is the intent of the Legislature that the
20 perpetrators of human trafficking be penalized for their
21 illegal conduct and that the victims of trafficking be
22 protected and assisted by this state and its agencies. In
23 furtherance of this policy, it is the intent of the
24 Legislature that the state Supreme Court, The Florida Bar, and
25 relevant state agencies prepare and implement training
26 programs in order that judges, attorneys, law enforcement
27 personnel, investigators, and others are able to identify
28 traffickers and victims of human trafficking and direct
29 victims to appropriate agencies for assistance. It is the
30 intent of the Legislature that the Department of Children and
31 Family Services and other state agencies cooperate with other
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1 state and federal agencies to ensure that victims of human
2 trafficking can access social services and benefits to
3 alleviate their plight.
4 (2)(1) As used in this section, the term:
5 (a) "Financial harm" includes extortionate extension
6 of credit, loan sharking as defined in s. 687.071, or
7 employment contracts that violate the statute of frauds as
8 provided in s. 725.01.
9 (b) "Forced labor or services" means labor or services
10 obtained from a person by:
11 1. Using or threatening to use physical force against
12 that person or another person; or
13 2. Restraining, isolating, or confining or threatening
14 to restrain, isolate, or confine that person or another person
15 without lawful authority and against her or his will;.
16 3. Using lending or other credit methods to establish
17 a debt by that person or another person when labor or services
18 are pledged as a security for the debt, if the value of the
19 labor or services as reasonably assessed is not applied toward
20 the liquidation of the debt, the length and nature of the
21 labor, or services are not respectively limited and defined;
22 4. Destroying, concealing, removing, confiscating,
23 withholding, or possessing any actual or purported passport,
24 visa, or other immigration document, or any other actual or
25 purported government identification document, of that person
26 or another person;
27 5. Causing or threatening to cause financial harm to
28 any person; or
29 6. Fraud or coercion.
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1 (c)(b) "Human trafficking" means transporting,
2 soliciting, recruiting, harboring, providing, or obtaining
3 another person for transport.
4 (d) "Maintain," when used in relation to labor
5 services, means to secure continued performance thereof,
6 regardless of any initial agreement on the part of the victim
7 to perform such type service.
8 (3)(2) Any person who knowingly:
9 (a) Engages, or attempts to engage, in human
10 trafficking with the intent or knowledge that the trafficked
11 person will be subjected to engage in forced labor or
12 services; or
13 (b) Benefits financially by receiving anything of
14 value from participation in a venture that has subjected a
15 person to forced labor or services;
16
17 commits a felony of the second degree, punishable as provided
18 in s. 775.082, s. 775.083, or s. 775.084.
19 (4) The Criminal Justice Standards and Training
20 Commission shall establish standards for basic and advanced
21 training programs for law enforcement officers in the subjects
22 of investigating and preventing human trafficking crimes.
23 After January 1, 2007, every basic skills course required for
24 law enforcement officers to obtain initial certification must
25 include training on human trafficking crime prevention and
26 investigation.
27 (5) Each state attorney shall develop standards of
28 instruction for prosecutors to receive training on the
29 investigation and prosecution of human trafficking crimes and
30 shall provide for periodic and timely instruction.
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1 Section 2. Subsection (1) of section 772.102, Florida
2 Statutes, is amended to read:
3 772.102 Definitions.--As used in this chapter, the
4 term:
5 (1) "Criminal activity" means to commit, to attempt to
6 commit, to conspire to commit, or to solicit, coerce, or
7 intimidate another person to commit:
8 (a) Any crime that which is chargeable by indictment
9 or information under the following provisions:
10 1. Section 210.18, relating to evasion of payment of
11 cigarette taxes.
12 2. Section 414.39, relating to public assistance
13 fraud.
14 3. Section 440.105 or s. 440.106, relating to workers'
15 compensation.
16 4. Part IV of chapter 501, relating to telemarketing.
17 5. Chapter 517, relating to securities transactions.
18 6. Section 550.235, s. 550.3551, or s. 550.3605,
19 relating to dogracing and horseracing.
20 7. Chapter 550, relating to jai alai frontons.
21 8. Chapter 552, relating to the manufacture,
22 distribution, and use of explosives.
23 9. Chapter 562, relating to beverage law enforcement.
24 10. Section 624.401, relating to transacting insurance
25 without a certificate of authority, s. 624.437(4)(c)1.,
26 relating to operating an unauthorized multiple-employer
27 welfare arrangement, or s. 626.902(1)(b), relating to
28 representing or aiding an unauthorized insurer.
29 11. Chapter 687, relating to interest and usurious
30 practices.
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1 12. Section 721.08, s. 721.09, or s. 721.13, relating
2 to real estate timeshare plans.
3 13. Chapter 782, relating to homicide.
4 14. Chapter 784, relating to assault and battery.
5 15. Chapter 787, relating to kidnapping or human
6 trafficking.
7 16. Chapter 790, relating to weapons and firearms.
8 17. Section 796.03, s. 796.04, s. 796.045, s. 796.05,
9 or s. 796.07, relating to prostitution.
10 18. Chapter 806, relating to arson.
11 19. Section 810.02(2)(c), relating to specified
12 burglary of a dwelling or structure.
13 20. Chapter 812, relating to theft, robbery, and
14 related crimes.
15 21. Chapter 815, relating to computer-related crimes.
16 22. Chapter 817, relating to fraudulent practices,
17 false pretenses, fraud generally, and credit card crimes.
18 23. Section 827.071, relating to commercial sexual
19 exploitation of children.
20 24. Chapter 831, relating to forgery and
21 counterfeiting.
22 25. Chapter 832, relating to issuance of worthless
23 checks and drafts.
24 26. Section 836.05, relating to extortion.
25 27. Chapter 837, relating to perjury.
26 28. Chapter 838, relating to bribery and misuse of
27 public office.
28 29. Chapter 843, relating to obstruction of justice.
29 30. Section 847.011, s. 847.012, s. 847.013, s.
30 847.06, or s. 847.07, relating to obscene literature and
31 profanity.
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1 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23,
2 or s. 849.25, relating to gambling.
3 32. Chapter 893, relating to drug abuse prevention and
4 control.
5 33. Section 914.22 or s. 914.23, relating to
6 witnesses, victims, or informants.
7 34. Section 918.12 or s. 918.13, relating to tampering
8 with jurors and evidence.
9 (b) Any conduct which is subject to indictment or
10 information as a criminal offense and listed in 18 U.S.C. s.
11 1961(1) (A), (B), (C), or (D).
12 Section 3. Section 772.104, Florida Statutes, is
13 amended to read:
14 772.104 Civil cause of action.--
15 (1) Any person who proves by clear and convincing
16 evidence that he or she has been injured by reason of any
17 violation of the provisions of s. 772.103 shall have a cause
18 of action for threefold the actual damages sustained and, in
19 any such action, is entitled to minimum damages in the amount
20 of $200, and reasonable attorney's fees and court costs in the
21 trial and appellate courts.
22 (2) As an alternative to recovery under subsection
23 (1), any person who proves by clear and convincing evidence
24 that he or she has been injured by reason of any violation of
25 the provisions of s. 772.103 due to sex trafficking or human
26 trafficking shall have a cause of action for threefold the
27 amount gained from the sex trafficking or human trafficking
28 and in any such action is entitled to minimum damages in the
29 amount of $200 and reasonable attorney's fees and court costs
30 in the trial and appellate courts.
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1 (3) In no event shall punitive damages be awarded
2 under this section. The defendant shall be entitled to recover
3 reasonable attorney's fees and court costs in the trial and
4 appellate courts upon a finding that the claimant raised a
5 claim which was without substantial fact or legal support. In
6 awarding attorney's fees and costs under this section, the
7 court shall not consider the ability of the opposing party to
8 pay such fees and costs. Nothing under this section shall be
9 interpreted as limiting any right to recover attorney's fees
10 or costs provided under other provisions of law.
11 Section 4. Subsection (1) of section 895.02, Florida
12 Statutes, as amended by section 3 of chapter 2005-362, Laws of
13 Florida, is amended to read:
14 895.02 Definitions.--As used in ss. 895.01-895.08, the
15 term:
16 (1) "Racketeering activity" means to commit, to
17 attempt to commit, to conspire to commit, or to solicit,
18 coerce, or intimidate another person to commit:
19 (a) Any crime that which is chargeable by indictment
20 or information under the following provisions of the Florida
21 Statutes:
22 1. Section 210.18, relating to evasion of payment of
23 cigarette taxes.
24 2. Section 403.727(3)(b), relating to environmental
25 control.
26 3. Section 409.920 or s. 409.9201, relating to
27 Medicaid fraud.
28 4. Section 414.39, relating to public assistance
29 fraud.
30 5. Section 440.105 or s. 440.106, relating to workers'
31 compensation.
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1 6. Section 443.071(4), relating to creation of a
2 fictitious employer scheme to commit unemployment compensation
3 fraud.
4 7. Section 465.0161, relating to distribution of
5 medicinal drugs without a permit as an Internet pharmacy.
6 8. Sections 499.0051, 499.0052, 499.00535, 499.00545,
7 and 499.0691, relating to crimes involving contraband and
8 adulterated drugs.
9 9. Part IV of chapter 501, relating to telemarketing.
10 10. Chapter 517, relating to sale of securities and
11 investor protection.
12 11. Section 550.235, s. 550.3551, or s. 550.3605,
13 relating to dogracing and horseracing.
14 12. Chapter 550, relating to jai alai frontons.
15 13. Section 551.109, relating to slot machine gaming.
16 14. Chapter 552, relating to the manufacture,
17 distribution, and use of explosives.
18 15. Chapter 560, relating to money transmitters, if
19 the violation is punishable as a felony.
20 16. Chapter 562, relating to beverage law enforcement.
21 17. Section 624.401, relating to transacting insurance
22 without a certificate of authority, s. 624.437(4)(c)1.,
23 relating to operating an unauthorized multiple-employer
24 welfare arrangement, or s. 626.902(1)(b), relating to
25 representing or aiding an unauthorized insurer.
26 18. Section 655.50, relating to reports of currency
27 transactions, when such violation is punishable as a felony.
28 19. Chapter 687, relating to interest and usurious
29 practices.
30 20. Section 721.08, s. 721.09, or s. 721.13, relating
31 to real estate timeshare plans.
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1 21. Chapter 782, relating to homicide.
2 22. Chapter 784, relating to assault and battery.
3 23. Chapter 787, relating to kidnapping or human
4 trafficking.
5 24. Chapter 790, relating to weapons and firearms.
6 25. Section 796.03, s. 796.035, s. 796.04, s. 796.045,
7 s. 796.05, or s. 796.07, relating to prostitution and sex
8 trafficking.
9 26. Chapter 806, relating to arson.
10 27. Section 810.02(2)(c), relating to specified
11 burglary of a dwelling or structure.
12 28. Chapter 812, relating to theft, robbery, and
13 related crimes.
14 29. Chapter 815, relating to computer-related crimes.
15 30. Chapter 817, relating to fraudulent practices,
16 false pretenses, fraud generally, and credit card crimes.
17 31. Chapter 825, relating to abuse, neglect, or
18 exploitation of an elderly person or disabled adult.
19 32. Section 827.071, relating to commercial sexual
20 exploitation of children.
21 33. Chapter 831, relating to forgery and
22 counterfeiting.
23 34. Chapter 832, relating to issuance of worthless
24 checks and drafts.
25 35. Section 836.05, relating to extortion.
26 36. Chapter 837, relating to perjury.
27 37. Chapter 838, relating to bribery and misuse of
28 public office.
29 38. Chapter 843, relating to obstruction of justice.
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1 39. Section 847.011, s. 847.012, s. 847.013, s.
2 847.06, or s. 847.07, relating to obscene literature and
3 profanity.
4 40. Section 849.09, s. 849.14, s. 849.15, s. 849.23,
5 or s. 849.25, relating to gambling.
6 41. Chapter 874, relating to criminal street gangs.
7 42. Chapter 893, relating to drug abuse prevention and
8 control.
9 43. Chapter 896, relating to offenses related to
10 financial transactions.
11 44. Sections 914.22 and 914.23, relating to tampering
12 with a witness, victim, or informant, and retaliation against
13 a witness, victim, or informant.
14 45. Sections 918.12 and 918.13, relating to tampering
15 with jurors and evidence.
16 (b) Any conduct defined as "racketeering activity"
17 under 18 U.S.C. s. 1961(1).
18 Section 5. For the purpose of incorporating the
19 amendment made by this act to section 895.02, Florida
20 Statutes, in a reference thereto, paragraph (g) of subsection
21 (3) of section 655.50, Florida Statutes, is reenacted to read:
22 655.50 Florida Control of Money Laundering in
23 Financial Institutions Act; reports of transactions involving
24 currency or monetary instruments; when required; purpose;
25 definitions; penalties.--
26 (3) As used in this section, the term:
27 (g) "Specified unlawful activity" means any
28 "racketeering activity" as defined in s. 895.02.
29 Section 6. For the purpose of incorporating the
30 amendment made by this act to section 895.02, Florida
31 Statutes, in a reference thereto, paragraph (g) of subsection
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1 (2) of section 896.101, Florida Statutes, is reenacted to
2 read:
3 896.101 Florida Money Laundering Act; definitions;
4 penalties; injunctions; seizure warrants; immunity.--
5 (2) As used in this section, the term:
6 (g) "Specified unlawful activity" means any
7 "racketeering activity" as defined in s. 895.02.
8 Section 7. For the purpose of incorporating the
9 amendment made by this act to section 895.02, Florida
10 Statutes, in a reference thereto, section 905.34, Florida
11 Statutes, is reenacted to read:
12 905.34 Powers and duties; law applicable.--The
13 jurisdiction of a statewide grand jury impaneled under this
14 chapter shall extend throughout the state. The subject matter
15 jurisdiction of the statewide grand jury shall be limited to
16 the offenses of:
17 (1) Bribery, burglary, carjacking, home-invasion
18 robbery, criminal usury, extortion, gambling, kidnapping,
19 larceny, murder, prostitution, perjury, and robbery;
20 (2) Crimes involving narcotic or other dangerous
21 drugs;
22 (3) Any violation of the provisions of the Florida
23 RICO (Racketeer Influenced and Corrupt Organization) Act,
24 including any offense listed in the definition of racketeering
25 activity in s. 895.02(1)(a), providing such listed offense is
26 investigated in connection with a violation of s. 895.03 and
27 is charged in a separate count of an information or indictment
28 containing a count charging a violation of s. 895.03, the
29 prosecution of which listed offense may continue independently
30 if the prosecution of the violation of s. 895.03 is terminated
31 for any reason;
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1 (4) Any violation of the provisions of the Florida
2 Anti-Fencing Act;
3 (5) Any violation of the provisions of the Florida
4 Antitrust Act of 1980, as amended;
5 (6) Any violation of the provisions of chapter 815;
6 (7) Any crime involving, or resulting in, fraud or
7 deceit upon any person;
8 (8) Any violation of s. 847.0135, s. 847.0137, or s.
9 847.0138 relating to computer pornography and child
10 exploitation prevention, or any offense related to a violation
11 of s. 847.0135, s. 847.0137, or s. 847.0138;
12 (9) Any criminal violation of part I of chapter 499;
13 or
14 (10) Any criminal violation of s. 409.920 or s.
15 409.9201;
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17 or any attempt, solicitation, or conspiracy to commit any
18 violation of the crimes specifically enumerated above, when
19 any such offense is occurring, or has occurred, in two or more
20 judicial circuits as part of a related transaction or when any
21 such offense is connected with an organized criminal
22 conspiracy affecting two or more judicial circuits. The
23 statewide grand jury may return indictments and presentments
24 irrespective of the county or judicial circuit where the
25 offense is committed or triable. If an indictment is returned,
26 it shall be certified and transferred for trial to the county
27 where the offense was committed. The powers and duties of, and
28 law applicable to, county grand juries shall apply to a
29 statewide grand jury except when such powers, duties, and law
30 are inconsistent with the provisions of ss. 905.31-905.40.
31 Section 8. This act shall take effect October 1, 2006.
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