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A bill to be entitled

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An act relating to human smuggling; creating s. 877.28,

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F.S.; prohibiting transporting into the state an

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individual who the person knows is illegally entering the

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United States or has illegally entered or remained in the

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United States; providing penalties; providing enhanced

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penalties for specified violations; providing an effective

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date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 877.28, Florida Statutes, is created to

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read:

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     877.28 Human smuggling.--

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     (1)(a) Except as provided in paragraph (b), a person who

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transports into the state an individual who the person knows is

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illegally entering the United States or has illegally entered or

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remained in the United States commits a felony of the third

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degree, punishable as provided in s. 775.082, s. 775.083, or s.

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775.084.

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     (b) A person who transports a minor in violation of

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paragraph (a) commits a felony of the second degree, punishable

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as provided in s. 775.082, s. 775.083, or s. 775.084.

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     (2)(a) If a violation of this section results in great

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bodily harm to a person transported, a mandatory minimum sentence

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of 5 years' imprisonment must be imposed.

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     (b) If a violation of this section results in the death of

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a person transported, a mandatory minimum sentence of 10 years'

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imprisonment must be imposed.

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     (3) A person commits a separate offense for each person he

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or she transports in violation of this section.

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     Section 2.  This act shall take effect October 1, 2008.