Florida Senate - 2008 SB 650
By Senator Lynn
7-00411-08 2008650__
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A bill to be entitled
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An act relating to sex trafficking; amending s. 796.045,
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F.S.; requiring that an offender who pleads guilty to or
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who is convicted of sex trafficking and sentenced to a
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term of imprisonment serve not less than two-thirds of the
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term of incarceration; providing legislative findings and
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intent; encouraging the Supreme Court, The Florida Bar,
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relevant state agencies, and sheriffs to implement
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training programs in order that judges, attorneys, law
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enforcement personnel, investigators, and others are able
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to identify sex traffickers and victims of sex trafficking
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and direct victims to appropriate agencies for assistance;
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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 796.045, Florida Statutes, is amended to
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read:
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796.045 Sex trafficking; penalties.--
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(1) Any person who knowingly recruits, entices, harbors,
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transports, provides, or obtains by any means a person, knowing
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that force, fraud, or coercion will be used to cause that person
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to engage in prostitution, commits the offense of sex
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trafficking, a felony of the second degree, punishable as
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(2) A person commits a felony of the first degree,
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if the offense of sex trafficking is committed against a person
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who is under the age of 14 or if such offense results in death.
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(3) Notwithstanding any other law, a court may not suspend,
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defer, or withhold adjudication of guilt or imposition of
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sentence for a violation of this section.
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(4) A person pleading guilty to or convicted of a violation
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of this section and sentenced to a term of incarceration under
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this section must serve not less than two-thirds of the sentenced
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term of incarceration.
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Section 2. (1) The Legislature finds that sex trafficking
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is a form of modern-day slavery. Victims of sex trafficking are
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young children, teenagers, and adults. Thousands of victims are
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trafficked annually across international borders worldwide. Many
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of these victims are trafficked into this state. The Legislature
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finds that victims of sex trafficking are subjected to force,
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fraud, or coercion for the purpose of sexual exploitation.
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(2) The Legislature finds that sex traffickers use various
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techniques to instill fear in victims and to keep them enslaved.
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Some traffickers keep their victims under lock and key. However,
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the most frequently used practices are less obvious techniques
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that include isolating victims from the public and family
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members; confiscating passports, visas, or other identification
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documents; using or threatening to use violence toward victims or
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their families; telling victims that they will be imprisoned or
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deported for immigration violations if they contact authorities;
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and controlling the victims' funds by holding the money
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ostensibly for safekeeping.
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(3) It is the intent of the Legislature that the
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perpetrators of sex trafficking be penalized for their illegal
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conduct and that the victims of sex trafficking be protected and
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assisted by this state and its agencies. In furtherance of this
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policy, it is the intent of the Legislature that the Supreme
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Court, The Florida Bar, relevant state agencies, and sheriffs
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implement training programs in order that judges, attorneys, law
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enforcement personnel, investigators, and others are able to
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identify sex traffickers and victims of sex trafficking and
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direct victims to appropriate agencies for assistance. It is the
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intent of the Legislature that the Department of Children and
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Family Services and other state agencies cooperate with other
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state and federal agencies to ensure that victims of sex
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trafficking can access social services and benefits to alleviate
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their plight.
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Section 3. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.