| 1 | A bill to be entitled |
| 2 | An act relating to human trafficking; amending s. 787.06, |
| 3 | F.S.; providing legislative findings and intent; |
| 4 | redefining the term "forced labor or services" to include |
| 5 | labor coerced from a person when the person's |
| 6 | identification documents are destroyed, concealed, or |
| 7 | withheld by another; directing the Florida Court |
| 8 | Educational Council to establish standards for instructing |
| 9 | circuit and county court judges on matters relating to |
| 10 | victims of human trafficking; directing the council to |
| 11 | provide for periodic and timely instruction; amending s. |
| 12 | 772.102, F.S.; expanding the definition of the term |
| 13 | "criminal activity" to include the offense of human |
| 14 | trafficking for purposes of seeking civil remedies for |
| 15 | criminal offenses; amending s. 895.02, F.S.; redefining |
| 16 | the term "racketeering activity" to include the offense of |
| 17 | human trafficking for purposes of the Florida RICO Act; |
| 18 | reenacting ss. 16.56(1)(a), 655.50(3)(g), 896.101(2)(g), |
| 19 | and 905.34, F.S., relating to the authority of the Office |
| 20 | of the Statewide Prosecutor, the definition of "specified |
| 21 | unlawful activity" in a law prohibiting money laundering |
| 22 | in financial institutions and in the Florida Money |
| 23 | Laundering Act, and the subject matter jurisdiction of a |
| 24 | statewide grand jury, to incorporate the amendments made |
| 25 | to s. 895.02, F.S., in references thereto; providing an |
| 26 | effective date. |
| 27 |
|
| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
|
| 30 | Section 1. Section 787.06, Florida Statutes, is amended to |
| 31 | read: |
| 32 | 787.06 Human trafficking.-- |
| 33 | (1)(a) The Legislature finds that human trafficking is a |
| 34 | form of modern-day slavery. Victims of human trafficking are |
| 35 | young children, teenagers, and adults. Thousands of victims are |
| 36 | trafficked annually across international borders worldwide. Many |
| 37 | of these victims are trafficked into this state. The Legislature |
| 38 | finds that victims of human trafficking are subjected to force, |
| 39 | fraud, or coercion for the purpose of sexual exploitation or |
| 40 | forced labor. |
| 41 | (b) The Legislature finds that while many victims of human |
| 42 | trafficking are forced to work in prostitution or the sexual |
| 43 | entertainment industry, trafficking also occurs in forms of |
| 44 | labor exploitation, such as domestic servitude, restaurant work, |
| 45 | janitorial work, sweatshop factory work, and migrant |
| 46 | agricultural work. |
| 47 | (c) The Legislature finds that traffickers use various |
| 48 | techniques to instill fear in victims and to keep them enslaved. |
| 49 | Some traffickers keep their victims under lock and key. However, |
| 50 | the most frequently used practices are less-obvious techniques |
| 51 | that include isolating victims from the public and family |
| 52 | members; confiscating passports, visas, or other identification |
| 53 | documents; using or threatening to use violence toward victims |
| 54 | or their families; telling victims that they will be imprisoned |
| 55 | or deported for immigration violations if they contact |
| 56 | authorities; and controlling the victims' funds by holding the |
| 57 | money for "safekeeping." |
| 58 | (d) It is the intent of the Legislature that the |
| 59 | perpetrators of human trafficking be penalized for their illegal |
| 60 | conduct and that the victims of trafficking be protected and |
| 61 | assisted by this state and its agencies. In furtherance of this |
| 62 | policy, it is the intent of the Legislature that the State |
| 63 | Supreme Court, The Florida Bar, and relevant state agencies |
| 64 | prepare and implement training programs in order that judges, |
| 65 | attorneys, law enforcement personnel, investigators, and others |
| 66 | are able to identify traffickers and victims of human |
| 67 | trafficking and direct victims to appropriate agencies for |
| 68 | assistance. It is the intent of the Legislature that the |
| 69 | Department of Children and Family Services and other state |
| 70 | agencies cooperate with other state and federal agencies to |
| 71 | ensure that victims of human trafficking can access social |
| 72 | services and benefits to alleviate their plight. |
| 73 | (2)(1) As used in this section, the term: |
| 74 | (a) "Forced labor or services" means labor or services |
| 75 | obtained from a person by: |
| 76 | 1. Using or threatening to use physical force against that |
| 77 | person or another person; or |
| 78 | 2. Restraining, isolating, or confining or threatening to |
| 79 | restrain, isolate, or confine that person or another person |
| 80 | without lawful authority and against her or his will; or. |
| 81 | 3. Destroying, concealing, removing, confiscating, |
| 82 | withholding, or possessing any actual or purported passport, |
| 83 | visa, or other immigration document, or any other actual or |
| 84 | purported government identification document, of that person or |
| 85 | another person. |
| 86 | (b) "Human trafficking" means transporting, soliciting, |
| 87 | recruiting, harboring, providing, or obtaining another person |
| 88 | for transport. |
| 89 | (3)(2) Any person who knowingly engages in human |
| 90 | trafficking with the intent that the trafficked person engage in |
| 91 | forced labor or services commits a felony of the second degree, |
| 92 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 93 | (4) The Florida Court Educational Council shall establish |
| 94 | standards of instruction for circuit and county court judges who |
| 95 | hear cases involving victims of human trafficking and shall |
| 96 | provide for periodic and timely instruction. |
| 97 | Section 2. Subsection (1) of section 772.102, Florida |
| 98 | Statutes, is amended to read: |
| 99 | 772.102 Definitions.--As used in this chapter, the term: |
| 100 | (1) "Criminal activity" means to commit, to attempt to |
| 101 | commit, to conspire to commit, or to solicit, coerce, or |
| 102 | intimidate another person to commit: |
| 103 | (a) Any crime that which is chargeable by indictment or |
| 104 | information under the following provisions: |
| 105 | 1. Section 210.18, relating to evasion of payment of |
| 106 | cigarette taxes. |
| 107 | 2. Section 414.39, relating to public assistance fraud. |
| 108 | 3. Section 440.105 or s. 440.106, relating to workers' |
| 109 | compensation. |
| 110 | 4. Part IV of chapter 501, relating to telemarketing. |
| 111 | 5. Chapter 517, relating to securities transactions. |
| 112 | 6. Section 550.235, s. 550.3551, or s. 550.3605, relating |
| 113 | to dogracing and horseracing. |
| 114 | 7. Chapter 550, relating to jai alai frontons. |
| 115 | 8. Chapter 552, relating to the manufacture, distribution, |
| 116 | and use of explosives. |
| 117 | 9. Chapter 562, relating to beverage law enforcement. |
| 118 | 10. Section 624.401, relating to transacting insurance |
| 119 | without a certificate of authority, s. 624.437(4)(c)1., relating |
| 120 | to operating an unauthorized multiple-employer welfare |
| 121 | arrangement, or s. 626.902(1)(b), relating to representing or |
| 122 | aiding an unauthorized insurer. |
| 123 | 11. Chapter 687, relating to interest and usurious |
| 124 | practices. |
| 125 | 12. Section 721.08, s. 721.09, or s. 721.13, relating to |
| 126 | real estate timeshare plans. |
| 127 | 13. Chapter 782, relating to homicide. |
| 128 | 14. Chapter 784, relating to assault and battery. |
| 129 | 15. Chapter 787, relating to kidnapping or human |
| 130 | trafficking. |
| 131 | 16. Chapter 790, relating to weapons and firearms. |
| 132 | 17. Section 796.03, s. 796.04, s. 796.05, or s. 796.07, |
| 133 | relating to prostitution. |
| 134 | 18. Chapter 806, relating to arson. |
| 135 | 19. Section 810.02(2)(c), relating to specified burglary |
| 136 | of a dwelling or structure. |
| 137 | 20. Chapter 812, relating to theft, robbery, and related |
| 138 | crimes. |
| 139 | 21. Chapter 815, relating to computer-related crimes. |
| 140 | 22. Chapter 817, relating to fraudulent practices, false |
| 141 | pretenses, fraud generally, and credit card crimes. |
| 142 | 23. Section 827.071, relating to commercial sexual |
| 143 | exploitation of children. |
| 144 | 24. Chapter 831, relating to forgery and counterfeiting. |
| 145 | 25. Chapter 832, relating to issuance of worthless checks |
| 146 | and drafts. |
| 147 | 26. Section 836.05, relating to extortion. |
| 148 | 27. Chapter 837, relating to perjury. |
| 149 | 28. Chapter 838, relating to bribery and misuse of public |
| 150 | office. |
| 151 | 29. Chapter 843, relating to obstruction of justice. |
| 152 | 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or |
| 153 | s. 847.07, relating to obscene literature and profanity. |
| 154 | 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. |
| 155 | 849.25, relating to gambling. |
| 156 | 32. Chapter 893, relating to drug abuse prevention and |
| 157 | control. |
| 158 | 33. Section 914.22 or s. 914.23, relating to witnesses, |
| 159 | victims, or informants. |
| 160 | 34. Section 918.12 or s. 918.13, relating to tampering |
| 161 | with jurors and evidence. |
| 162 | (b) Any conduct which is subject to indictment or |
| 163 | information as a criminal offense and listed in 18 U.S.C. s. |
| 164 | 1961(1) (A), (B), (C), or (D). |
| 165 | Section 3. Subsection (1) of section 895.02, Florida |
| 166 | Statutes, is amended to read: |
| 167 | 895.02 Definitions.--As used in ss. 895.01-895.08, the |
| 168 | term: |
| 169 | (1) "Racketeering activity" means to commit, to attempt to |
| 170 | commit, to conspire to commit, or to solicit, coerce, or |
| 171 | intimidate another person to commit: |
| 172 | (a) Any crime that which is chargeable by indictment or |
| 173 | information under the following provisions of the Florida |
| 174 | Statutes: |
| 175 | 1. Section 210.18, relating to evasion of payment of |
| 176 | cigarette taxes. |
| 177 | 2. Section 403.727(3)(b), relating to environmental |
| 178 | control. |
| 179 | 3. Section 409.920 or s. 409.9201, relating to Medicaid |
| 180 | fraud. |
| 181 | 4. Section 414.39, relating to public assistance fraud. |
| 182 | 5. Section 440.105 or s. 440.106, relating to workers' |
| 183 | compensation. |
| 184 | 6. Section 443.071(4), relating to creation of a |
| 185 | fictitious employer scheme to commit unemployment compensation |
| 186 | fraud. |
| 187 | 7. Section 465.0161, relating to distribution of medicinal |
| 188 | drugs without a permit as an Internet pharmacy. |
| 189 | 8. Sections 499.0051, 499.0052, 499.00535, 499.00545, and |
| 190 | 499.0691, relating to crimes involving contraband and |
| 191 | adulterated drugs. |
| 192 | 9. Part IV of chapter 501, relating to telemarketing. |
| 193 | 10. Chapter 517, relating to sale of securities and |
| 194 | investor protection. |
| 195 | 11. Section 550.235, s. 550.3551, or s. 550.3605, relating |
| 196 | to dogracing and horseracing. |
| 197 | 12. Chapter 550, relating to jai alai frontons. |
| 198 | 13. Chapter 552, relating to the manufacture, |
| 199 | distribution, and use of explosives. |
| 200 | 14. Chapter 560, relating to money transmitters, if the |
| 201 | violation is punishable as a felony. |
| 202 | 15. Chapter 562, relating to beverage law enforcement. |
| 203 | 16. Section 624.401, relating to transacting insurance |
| 204 | without a certificate of authority, s. 624.437(4)(c)1., relating |
| 205 | to operating an unauthorized multiple-employer welfare |
| 206 | arrangement, or s. 626.902(1)(b), relating to representing or |
| 207 | aiding an unauthorized insurer. |
| 208 | 17. Section 655.50, relating to reports of currency |
| 209 | transactions, when such violation is punishable as a felony. |
| 210 | 18. Chapter 687, relating to interest and usurious |
| 211 | practices. |
| 212 | 19. Section 721.08, s. 721.09, or s. 721.13, relating to |
| 213 | real estate timeshare plans. |
| 214 | 20. Chapter 782, relating to homicide. |
| 215 | 21. Chapter 784, relating to assault and battery. |
| 216 | 22. Chapter 787, relating to kidnapping or human |
| 217 | trafficking. |
| 218 | 23. Chapter 790, relating to weapons and firearms. |
| 219 | 24. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s. |
| 220 | 796.05, or s. 796.07, relating to prostitution and sex |
| 221 | trafficking. |
| 222 | 25. Chapter 806, relating to arson. |
| 223 | 26. Section 810.02(2)(c), relating to specified burglary |
| 224 | of a dwelling or structure. |
| 225 | 27. Chapter 812, relating to theft, robbery, and related |
| 226 | crimes. |
| 227 | 28. Chapter 815, relating to computer-related crimes. |
| 228 | 29. Chapter 817, relating to fraudulent practices, false |
| 229 | pretenses, fraud generally, and credit card crimes. |
| 230 | 30. Chapter 825, relating to abuse, neglect, or |
| 231 | exploitation of an elderly person or disabled adult. |
| 232 | 31. Section 827.071, relating to commercial sexual |
| 233 | exploitation of children. |
| 234 | 32. Chapter 831, relating to forgery and counterfeiting. |
| 235 | 33. Chapter 832, relating to issuance of worthless checks |
| 236 | and drafts. |
| 237 | 34. Section 836.05, relating to extortion. |
| 238 | 35. Chapter 837, relating to perjury. |
| 239 | 36. Chapter 838, relating to bribery and misuse of public |
| 240 | office. |
| 241 | 37. Chapter 843, relating to obstruction of justice. |
| 242 | 38. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or |
| 243 | s. 847.07, relating to obscene literature and profanity. |
| 244 | 39. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. |
| 245 | 849.25, relating to gambling. |
| 246 | 40. Chapter 874, relating to criminal street gangs. |
| 247 | 41. Chapter 893, relating to drug abuse prevention and |
| 248 | control. |
| 249 | 42. Chapter 896, relating to offenses related to financial |
| 250 | transactions. |
| 251 | 43. Sections 914.22 and 914.23, relating to tampering with |
| 252 | a witness, victim, or informant, and retaliation against a |
| 253 | witness, victim, or informant. |
| 254 | 44. Sections 918.12 and 918.13, relating to tampering with |
| 255 | jurors and evidence. |
| 256 | (b) Any conduct defined as "racketeering activity" under |
| 257 | 18 U.S.C. s. 1961(1). |
| 258 | Section 4. For the purpose of incorporating the amendment |
| 259 | made by this act to section 895.02, Florida Statutes, in a |
| 260 | reference thereto, paragraph (a) of subsection (1) of section |
| 261 | 16.56, Florida Statutes, is reenacted to read: |
| 262 | 16.56 Office of Statewide Prosecution.-- |
| 263 | (1) There is created in the Department of Legal Affairs an |
| 264 | Office of Statewide Prosecution. The office shall be a separate |
| 265 | "budget entity" as that term is defined in chapter 216. The |
| 266 | office may: |
| 267 | (a) Investigate and prosecute the offenses of: |
| 268 | 1. Bribery, burglary, criminal usury, extortion, gambling, |
| 269 | kidnapping, larceny, murder, prostitution, perjury, robbery, |
| 270 | carjacking, and home-invasion robbery; |
| 271 | 2. Any crime involving narcotic or other dangerous drugs; |
| 272 | 3. Any violation of the provisions of the Florida RICO |
| 273 | (Racketeer Influenced and Corrupt Organization) Act, including |
| 274 | any offense listed in the definition of racketeering activity in |
| 275 | s. 895.02(1)(a), providing such listed offense is investigated |
| 276 | in connection with a violation of s. 895.03 and is charged in a |
| 277 | separate count of an information or indictment containing a |
| 278 | count charging a violation of s. 895.03, the prosecution of |
| 279 | which listed offense may continue independently if the |
| 280 | prosecution of the violation of s. 895.03 is terminated for any |
| 281 | reason; |
| 282 | 4. Any violation of the provisions of the Florida Anti- |
| 283 | Fencing Act; |
| 284 | 5. Any violation of the provisions of the Florida |
| 285 | Antitrust Act of 1980, as amended; |
| 286 | 6. Any crime involving, or resulting in, fraud or deceit |
| 287 | upon any person; |
| 288 | 7. Any violation of s. 847.0135, relating to computer |
| 289 | pornography and child exploitation prevention, or any offense |
| 290 | related to a violation of s. 847.0135; |
| 291 | 8. Any violation of the provisions of chapter 815; |
| 292 | 9. Any criminal violation of part I of chapter 499; |
| 293 | 10. Any violation of the provisions of the Florida Motor |
| 294 | Fuel Tax Relief Act of 2004; |
| 295 | 11. Any criminal violation of s. 409.920 or s. 409.9201; |
| 296 | or |
| 297 | 12. Any crime involving voter registration, voting, or |
| 298 | candidate or issue petition activities; |
| 299 |
|
| 300 | or any attempt, solicitation, or conspiracy to commit any of the |
| 301 | crimes specifically enumerated above. The office shall have such |
| 302 | power only when any such offense is occurring, or has occurred, |
| 303 | in two or more judicial circuits as part of a related |
| 304 | transaction, or when any such offense is connected with an |
| 305 | organized criminal conspiracy affecting two or more judicial |
| 306 | circuits. |
| 307 | Section 5. For the purpose of incorporating the amendment |
| 308 | made by this act to section 895.02, Florida Statutes, in a |
| 309 | reference thereto, paragraph (g) of subsection (3) of section |
| 310 | 655.50, Florida Statutes, is reenacted to read: |
| 311 | 655.50 Florida Control of Money Laundering in Financial |
| 312 | Institutions Act; reports of transactions involving currency or |
| 313 | monetary instruments; when required; purpose; definitions; |
| 314 | penalties.-- |
| 315 | (3) As used in this section, the term: |
| 316 | (g) "Specified unlawful activity" means any "racketeering |
| 317 | activity" as defined in s. 895.02. |
| 318 | Section 6. For the purpose of incorporating the amendment |
| 319 | made by this act to section 895.02, Florida Statutes, in a |
| 320 | reference thereto, paragraph (g) of subsection (2) of section |
| 321 | 896.101, Florida Statutes, is reenacted to read: |
| 322 | 896.101 Florida Money Laundering Act; definitions; |
| 323 | penalties; injunctions; seizure warrants; immunity.-- |
| 324 | (2) As used in this section, the term: |
| 325 | (g) "Specified unlawful activity" means any "racketeering |
| 326 | activity" as defined in s. 895.02. |
| 327 | Section 7. For the purpose of incorporating the amendment |
| 328 | made by this act to section 895.02, Florida Statutes, in a |
| 329 | reference thereto, section 905.34, Florida Statutes, is |
| 330 | reenacted to read: |
| 331 | 905.34 Powers and duties; law applicable.--The |
| 332 | jurisdiction of a statewide grand jury impaneled under this |
| 333 | chapter shall extend throughout the state. The subject matter |
| 334 | jurisdiction of the statewide grand jury shall be limited to the |
| 335 | offenses of: |
| 336 | (1) Bribery, burglary, carjacking, home-invasion robbery, |
| 337 | criminal usury, extortion, gambling, kidnapping, larceny, |
| 338 | murder, prostitution, perjury, and robbery; |
| 339 | (2) Crimes involving narcotic or other dangerous drugs; |
| 340 | (3) Any violation of the provisions of the Florida RICO |
| 341 | (Racketeer Influenced and Corrupt Organization) Act, including |
| 342 | any offense listed in the definition of racketeering activity in |
| 343 | s. 895.02(1)(a), providing such listed offense is investigated |
| 344 | in connection with a violation of s. 895.03 and is charged in a |
| 345 | separate count of an information or indictment containing a |
| 346 | count charging a violation of s. 895.03, the prosecution of |
| 347 | which listed offense may continue independently if the |
| 348 | prosecution of the violation of s. 895.03 is terminated for any |
| 349 | reason; |
| 350 | (4) Any violation of the provisions of the Florida Anti- |
| 351 | Fencing Act; |
| 352 | (5) Any violation of the provisions of the Florida |
| 353 | Antitrust Act of 1980, as amended; |
| 354 | (6) Any violation of the provisions of chapter 815; |
| 355 | (7) Any crime involving, or resulting in, fraud or deceit |
| 356 | upon any person; |
| 357 | (8) Any violation of s. 847.0135, s. 847.0137, or s. |
| 358 | 847.0138 relating to computer pornography and child exploitation |
| 359 | prevention, or any offense related to a violation of s. |
| 360 | 847.0135, s. 847.0137, or s. 847.0138; |
| 361 | (9) Any criminal violation of part I of chapter 499; or |
| 362 | (10) Any criminal violation of s. 409.920 or s. 409.9201; |
| 363 |
|
| 364 | or any attempt, solicitation, or conspiracy to commit any |
| 365 | violation of the crimes specifically enumerated above, when any |
| 366 | such offense is occurring, or has occurred, in two or more |
| 367 | judicial circuits as part of a related transaction or when any |
| 368 | such offense is connected with an organized criminal conspiracy |
| 369 | affecting two or more judicial circuits. The statewide grand |
| 370 | jury may return indictments and presentments irrespective of the |
| 371 | county or judicial circuit where the offense is committed or |
| 372 | triable. If an indictment is returned, it shall be certified |
| 373 | and transferred for trial to the county where the offense was |
| 374 | committed. The powers and duties of, and law applicable to, |
| 375 | county grand juries shall apply to a statewide grand jury except |
| 376 | when such powers, duties, and law are inconsistent with the |
| 377 | provisions of ss. 905.31-905.40. |
| 378 | Section 8. This act shall take effect October 1, 2006. |