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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.; providing that a person commits a third-degree

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felony if he or she transports an individual into this

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state and knows, or should know, that the individual is

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illegally entering the United States or has illegally

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remained in the United States; providing criminal

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penalties; providing enhanced penalties if the individual

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being transported is a minor or suffers great bodily harm

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or death; providing an effective date.

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

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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)(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 illegally entering the United States or has

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illegally remained in the United States commits a felony of the

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

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or s. 775.084.

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

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the individual 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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     (2)(a) A person who transports into this state a minor whom

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the person knows, or should know, is illegally entering the

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United States or has illegally remained in the United States

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commits a felony of the second degree, punishable as provided in

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s. 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 minor suffers great bodily harm or death, the person commits

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a felony of the first degree, punishable as provided in s.

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775.082, s. 775.083, or s. 775.084.

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

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or minor he or she transports into this state in violation of

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this section.

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