Florida Senate - 2009                                     SB 502
       
       
       
       By Senator Dockery
       
       
       
       
       15-00577-09                                            2009502__
    1                        A bill to be entitled                      
    2         An act relating to human smuggling; creating s.
    3         787.07, F.S.; providing that a person commits a third
    4         degree felony if he or she transports an individual
    5         into this state and knows, or should know, that the
    6         individual is illegally entering the United States or
    7         has illegally remained in the United States; providing
    8         criminal penalties; providing enhanced penalties if
    9         the individual being transported is a minor or suffers
   10         great bodily harm or death; providing an effective
   11         date.
   12         
   13  Be It Enacted by the Legislature of the State of Florida:
   14         
   15         Section 1. Section 787.07, Florida Statutes, is created to
   16  read:
   17         787.07 Human smuggling.—
   18         (1)(a) A person who transports into this state an
   19  individual 18 years of age or older who the person knows, or
   20  should know, is illegally entering the United States or has
   21  illegally remained in the United States commits a felony of the
   22  third degree, punishable as provided in s. 775.082, s. 775.083,
   23  or s. 775.084.
   24         (b) If, during the course of a violation of paragraph (a),
   25  the individual being transported suffers great bodily harm or
   26  death, the violation is a felony of the second degree,
   27  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   28         (2)(a) A person who transports into this state a minor who
   29  the person knows, or should know, is illegally entering the
   30  United States or has illegally remained in the United States
   31  commits a felony of the second degree, punishable as provided in
   32  s. 775.082, s. 775.083, or s. 775.084.
   33         (b) If, during the course of a violation of paragraph (a),
   34  the minor suffers great bodily harm or death, the person commits
   35  a felony of the first degree, punishable as provided in s.
   36  775.082, s. 775.083, or s. 775.084.
   37         (3) A person commits a separate offense for each individual
   38  or minor he or she transports into this state in violation of
   39  this section.
   40         Section 2. This act shall take effect October 1, 2009.