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The Committee on Criminal and Civil Justice Appropriations (Dean)

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recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 787.07, Florida Statutes, is created to

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read:

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     787.07 Human smuggling.--

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     (1) As used in this section, the term "illegal alien" means

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an individual who is not authorized to enter the United States at

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the time of entry and who is not granted official authorization

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to remain in the United States by the United States Government

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before being deported or removed.

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     (2)(a) A person who transports into this state an

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individual 18 years of age or older whom the person knows, or

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should know, is an illegal alien 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) If, during the course of a violation of paragraph (a),

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the illegal alien being transported suffers great bodily harm or

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death, the violation is 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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     (3)(a) A person who transports into this state a minor whom

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the person knows, or should know, is an illegal alien commits a

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felony of the second degree, punishable as provided in s.

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775.082, s. 775.083, or s. 775.084.

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     (b) If, during the course of a violation of paragraph (a),

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the illegal alien being transported suffers great bodily harm or

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death, the violation is a felony of the first degree, punishable

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

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

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or she transports into this state in violation of this section.

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

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to human smuggling; creating s. 787.07,

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F.S.; defining the term "illegal alien"; providing that a

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person commits a third-degree felony if he or she transports

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an individual 18 years of age or older into this state and

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knows, or should know, that the individual is an illegal

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alien; providing that it is a second-degree felony if such

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illegal alien is injured or dies; providing that a person

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commits a second-degree felony if he or she transports a

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minor into this state and knows, or should know, that the

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minor is an illegal alien; providing that it is a first-

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degree felony if such illegal alien is injured or dies;

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providing that a person commits a separate offense for each

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person he or she unlawfully transports; providing an

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effective date.

4/14/2008  5:08:00 PM     3-05904A-08