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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

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transports an individual 18 years of age or older into

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

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is an illegal alien; providing that it is a second-degree

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felony if such illegal alien is injured or dies; providing

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that a person commits a second-degree felony if he or she

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transports a minor into this state and knows, or should

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know, that the minor is an illegal alien; providing that

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it is a first-degree felony if such illegal alien is

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injured or dies; providing that a person commits a

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separate offense for each person he or she unlawfully

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transports; 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) 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.