| 1 | A bill to be entitled |
| 2 | An act relating to human smuggling; creating s. 787.07, |
| 3 | F.S.; providing that a person commits a third degree |
| 4 | felony if he or she transports an individual into this |
| 5 | state and knows, or should know, that the individual is |
| 6 | illegally entering the United States from another country; |
| 7 | providing criminal penalties; providing enhanced penalties |
| 8 | if the individual being transported is a minor or suffers |
| 9 | great bodily harm or death; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 787.07, Florida Statutes, is created to |
| 14 | read: |
| 15 | 787.07 Human smuggling.-- |
| 16 | (1)(a) A person who transports into this state an |
| 17 | individual 18 years of age or older who the person knows, or |
| 18 | should know, is illegally entering the United States from |
| 19 | another country commits a felony of the third degree, punishable |
| 20 | as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 21 | (b) If, during the course of a violation of paragraph (a), |
| 22 | the individual being transported suffers great bodily harm or |
| 23 | death, the violation is a felony of the second degree, |
| 24 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 25 | (2)(a) A person who transports into this state a minor who |
| 26 | the person knows, or should know, is illegally entering the |
| 27 | United States from another country commits a felony of the |
| 28 | second degree, punishable as provided in s. 775.082, s. 775.083, |
| 29 | or s. 775.084. |
| 30 | (b) If, during the course of a violation of paragraph (a), |
| 31 | the minor suffers great bodily harm or death, the person commits |
| 32 | a felony of the first degree, punishable as provided in s. |
| 33 | 775.082, s. 775.083, or s. 775.084. |
| 34 | (3) A person commits a separate offense for each |
| 35 | individual or minor he or she transports into this state in |
| 36 | violation of this section. |
| 37 | Section 2. This act shall take effect October 1, 2009. |