HB 123

1
A bill to be entitled
2An act relating to human smuggling; creating s. 787.07,
3F.S.; providing that a person commits a third degree
4felony if he or she transports an individual into this
5state and knows, or should know, that the individual is
6illegally entering the United States or has illegally
7remained in the United States; providing criminal
8penalties; providing enhanced penalties if the individual
9being transported is a minor or suffers great bodily harm
10or death; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 787.07, Florida Statutes, is created to
15read:
16     787.07  Human smuggling.--
17     (1)(a)  A person who transports into this state an
18individual 18 years of age or older who the person knows, or
19should know, is illegally entering the United States or has
20illegally remained in the United States commits a felony of the
21third degree, punishable as provided in s. 775.082, s. 775.083,
22or s. 775.084.
23     (b)  If, during the course of a violation of paragraph (a),
24the individual being transported suffers great bodily harm or
25death, the violation is a felony of the second degree,
26punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
27     (2)(a)  A person who transports into this state a minor who
28the person knows, or should know, is illegally entering the
29United States or has illegally remained in the United States
30commits a felony of the second degree, punishable as provided in
31s. 775.082, s. 775.083, or s. 775.084.
32     (b)  If, during the course of a violation of paragraph (a),
33the minor suffers great bodily harm or death, the person commits
34a felony of the first degree, punishable as provided in s.
35775.082, s. 775.083, or s. 775.084.
36     (3)  A person commits a separate offense for each
37individual or minor he or she transports into this state in
38violation of this section.
39     Section 2.  This act shall take effect October 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.