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

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     (2) A person commits a felony of the first degree,

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

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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.