Florida Senate - 2012 SB 1880
By Senator Flores
38-01230A-12 20121880__
1 A bill to be entitled
2 An act relating to human trafficking; amending s.
3 16.56, F.S.; providing additional jurisdiction for the
4 Office of Statewide Prosecution relating to human
5 trafficking; repealing s. 787.05, F.S., relating to
6 unlawfully obtaining labor or services; amending s.
7 787.06, F.S.; prescribing additional legislative
8 intent relating to human trafficking; redefining
9 existing terms and defining additional terms;
10 increasing the criminal penalty for a person who
11 knowingly engages in human trafficking from a felony
12 of the second degree to a felony of the first degree;
13 providing that a person who, under specified
14 circumstances, knowingly, or with reckless disregard,
15 engages in human trafficking of an individual who is
16 an unauthorized alien, an individual through transfer
17 from outside the state to within the state, or a child
18 younger than 18 years of age commits a felony of the
19 first degree; providing that it is a life felony for a
20 person to knowingly engage in human trafficking
21 involving a child younger than 15 years of age;
22 providing that it is a felony of the first degree for
23 a parent, legal guardian, or other person having
24 custody or control of a minor to sell or otherwise
25 transfer the minor knowing that the minor will be
26 subject to human trafficking; providing criminal
27 penalties; authorizing the seizure and forfeiture of
28 certain property used in human trafficking; amending
29 s. 787.07, F.S.; increasing the criminal penalty for
30 human smuggling from a misdemeanor of the first degree
31 to a felony of the third degree; amending s. 796.035,
32 F.S.; conforming terminology governing the offense of
33 selling or buying a minor for prostitution; repealing
34 s. 796.045, F.S., relating to penalties for sex
35 trafficking; amending s. 905.34, F.S.; adding
36 violations of human trafficking to the jurisdiction of
37 a statewide grand jury; amending s. 934.07, F.S.;
38 providing additional authorization for the
39 interception of wire, oral, or electronic
40 communications; amending ss. 90.404, 772.102, 794.056,
41 895.02, and 938.085, F.S.; conforming cross-references
42 to changes made by the act; providing an effective
43 date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Paragraph (a) of subsection (1) of section
48 16.56, Florida Statutes, is amended to read:
49 16.56 Office of Statewide Prosecution.—
50 (1) There is created in the Department of Legal Affairs an
51 Office of Statewide Prosecution. The office shall be a separate
52 “budget entity” as that term is defined in chapter 216. The
53 office may:
54 (a) Investigate and prosecute the offenses of:
55 1. Bribery, burglary, criminal usury, extortion, gambling,
56 kidnapping, larceny, murder, prostitution, perjury, robbery,
57 carjacking, and home-invasion robbery;
58 2. Any crime involving narcotic or other dangerous drugs;
59 3. Any violation of the provisions of the Florida RICO
60 (Racketeer Influenced and Corrupt Organization) Act, including
61 any offense listed in the definition of racketeering activity in
62 s. 895.02(1)(a), providing such listed offense is investigated
63 in connection with a violation of s. 895.03 and is charged in a
64 separate count of an information or indictment containing a
65 count charging a violation of s. 895.03, the prosecution of
66 which listed offense may continue independently if the
67 prosecution of the violation of s. 895.03 is terminated for any
68 reason;
69 4. Any violation of the provisions of the Florida Anti
70 Fencing Act;
71 5. Any violation of the provisions of the Florida Antitrust
72 Act of 1980, as amended;
73 6. Any crime involving, or resulting in, fraud or deceit
74 upon any person;
75 7. Any violation of s. 847.0135, relating to computer
76 pornography and child exploitation prevention, or any offense
77 related to a violation of s. 847.0135 or any violation of
78 chapter 827 where the crime is facilitated by or connected to
79 the use of the Internet or any device capable of electronic data
80 storage or transmission;
81 8. Any violation of the provisions of chapter 815;
82 9. Any criminal violation of part I of chapter 499;
83 10. Any violation of the provisions of the Florida Motor
84 Fuel Tax Relief Act of 2004;
85 11. Any criminal violation of s. 409.920 or s. 409.9201;
86 12. Any crime involving voter registration, voting, or
87 candidate or issue petition activities;
88 13. Any criminal violation of the Florida Money Laundering
89 Act; or
90 14. Any criminal violation of the Florida Securities and
91 Investor Protection Act; or
92 15. Any violation of chapter 787, as well as any offense
93 related to a violation of chapter 787;
94
95 or any attempt, solicitation, or conspiracy to commit any of the
96 crimes specifically enumerated above. The office shall have such
97 power only when any such offense is occurring, or has occurred,
98 in two or more judicial circuits as part of a related
99 transaction, or when any such offense is connected with an
100 organized criminal conspiracy affecting two or more judicial
101 circuits. Informations or indictments charging such offenses
102 shall contain general allegations stating the judicial circuits
103 and counties in which crimes are alleged to have occurred or the
104 judicial circuits and counties in which crimes affecting such
105 circuits or counties are alleged to have been connected with an
106 organized criminal conspiracy.
107 Section 2. Section 787.05, Florida Statutes, is repealed.
108 Section 3. Section 787.06, Florida Statutes, is amended to
109 read:
110 787.06 Human trafficking.—
111 (1)(a) The Legislature finds that human trafficking is a
112 form of modern-day slavery. Victims of human trafficking are
113 young children, teenagers, and adults. Thousands of victims are
114 trafficked annually across international borders worldwide. Many
115 of these victims are trafficked into this state. Victims of
116 human trafficking also include those persons trafficked
117 domestically within the borders of the United States. The
118 Legislature finds that victims of human trafficking are
119 subjected to force, fraud, or coercion for the purpose of sexual
120 exploitation or forced labor.
121 (b) The Legislature finds that while many victims of human
122 trafficking are forced to work in prostitution or the sexual
123 entertainment industry, trafficking also occurs in forms of
124 labor exploitation, such as domestic servitude, restaurant work,
125 janitorial work, sweatshop factory work, and migrant
126 agricultural work.
127 (c) The Legislature finds that traffickers use various
128 techniques to instill fear in victims and to keep them enslaved.
129 Some traffickers keep their victims under lock and key. However,
130 the most frequently used practices are less obvious techniques
131 that include isolating victims from the public and family
132 members; confiscating passports, visas, or other identification
133 documents; using or threatening to use violence toward victims
134 or their families; telling victims that they will be imprisoned
135 or deported for immigration violations if they contact
136 authorities; and controlling the victims’ funds by holding the
137 money ostensibly for safekeeping.
138 (d) It is the intent of the Legislature that the
139 perpetrators of human trafficking be penalized for their illegal
140 conduct and that the victims of trafficking be protected and
141 assisted by this state and its agencies. In furtherance of this
142 policy, it is the intent of the Legislature that the state
143 Supreme Court, The Florida Bar, and relevant state agencies
144 prepare and implement training programs in order that judges,
145 attorneys, law enforcement personnel, investigators, and others
146 are able to identify traffickers and victims of human
147 trafficking and direct victims to appropriate agencies for
148 assistance. It is the intent of the Legislature that the
149 Department of Children and Family Services and other state
150 agencies cooperate with other state and federal agencies to
151 ensure that victims of human trafficking can access social
152 services and benefits to alleviate their plight.
153 (2) As used in this section, the term:
154 (a) “Financial harm” includes extortionate extension of
155 credit, loan sharking as defined in s. 687.071, or employment
156 contracts that violate the statute of frauds as provided in s.
157 725.01.
158 (a)(b) “Coercion forced labor or services” means labor or
159 services obtained from a person by:
160 1. Using or threatening to use physical force against a
161 that person or another person;
162 2. Restraining, isolating, or confining or threatening to
163 restrain, isolate, or confine a that person or another person
164 without lawful authority and against her or his will;
165 3. Using lending or other credit methods to establish a
166 debt by a that person or another person when labor or services
167 are pledged as a security for the debt, if the value of the
168 labor or services as reasonably assessed is not applied toward
169 the liquidation of the debt, the length and nature of the labor
170 or services are not respectively limited and defined;
171 4. Destroying, concealing, removing, confiscating,
172 withholding, or possessing any actual or purported passport,
173 visa, or other immigration document, or any other actual or
174 purported government identification document, of a that person
175 or another person;
176 5. Causing or threatening to cause financial harm to any
177 person; or
178 6. Enticing or luring any person by fraud, deceit, or
179 coercion; or
180 7. Providing a controlled substance as outlined in Schedule
181 I or Schedule II of s. 893.03 to a person for the purpose of
182 exploitation of that person.
183 (b) “Commercial sexual activity” means a violation of
184 chapter 796 or an attempt to commit any such offense, and
185 includes the production of pornography and sexually explicit
186 performances.
187 (c) “Financial harm” includes extortionate extension of
188 credit, loan sharking as defined in s. 687.071, or employment
189 contracts that violate the statute of frauds as provided in s.
190 725.01.
191 (d)(c) “Human trafficking” means transporting, soliciting,
192 recruiting, harboring, providing, enticing, maintaining, or
193 obtaining another person for the purpose of exploitation of that
194 person for transport.
195 (e) “Labor” means work of economic or financial value.
196 (f)(d) “Maintain,” means, when used in relation to labor
197 services, means to secure or make possible continued performance
198 thereof, regardless of any initial agreement on the part of the
199 victim to perform such type service.
200 (g) “Obtain” means, in relation to labor or services, to
201 secure performance thereof.
202 (h) “Services” means an act committed at the behest of,
203 under the supervision of, or for the benefit of another. The
204 term includes, but is not limited to, forced marriage,
205 servitude, and the removal of organs.
206 (i) “Sexually explicit performance” means an act or show,
207 whether public or private, live, photographed, recorded, or
208 videotaped, which is intended to arouse or satisfy the sexual
209 desires or appeal to the prurient interest.
210 (j) “Unauthorized alien” means an alien who is not
211 authorized under federal law to be employed in the United
212 States, as provided in 8 U.S.C. s. 1324a(h)(3). This term must
213 be interpreted consistently with that section and any applicable
214 federal rules or regulations.
215 (k) “Venture” means any group of two or more individuals
216 associated in fact, whether or not a legal entity.
217 (3) A Any person who knowingly, or with reckless disregard
218 for the facts, engages in, or attempts to engage in, or benefits
219 financially by receiving anything of value from participation in
220 a venture that has subjected a person to, human trafficking:
221 (a) For engages, or attempts to engage, in human
222 trafficking with the intent or knowledge that the trafficked
223 person will be subjected to forced labor or services using
224 coercion; or
225 (b) Benefits financially by receiving anything of value
226 from participation in a venture that has subjected a person to
227 forced labor or services;
228
229 commits a felony of the first second degree, punishable as
230 provided in s. 775.082, s. 775.083, or s. 775.084 and in Level 8
231 of the Criminal Punishment Code provided in s. 921.0022(3).
232 (b) For forced labor or services or commercial sexual
233 activity using coercion of any individual who is an unauthorized
234 alien commits a felony of the first degree, punishable as
235 provided in s. 775.082, s. 775.083, or s. 775.084 and in Level 9
236 of the Criminal Punishment Code provided in s. 921.0022(3).
237 (c) For forced labor or services or for commercial sexual
238 activity using coercion who does so by the transfer or transport
239 of any individual from outside Florida to within the state
240 commits a felony of the first degree, punishable as provided in
241 s. 775.082, s. 775.083, or s. 775.084 and in Level 8 of the
242 Criminal Punishment Code provided in s. 921.0022(3).
243 (d) In which any child younger than 18 years of age is
244 involved commits a felony of the first degree, punishable by
245 imprisonment for a term of years not exceeding life, or as
246 provided in s. 775.082, s. 775.083, or s. 775.084 and in Level 9
247 of the Criminal Punishment Code provided in s. 921.0022(3). In a
248 prosecution under this paragraph in which the defendant had a
249 reasonable opportunity to observe the person who was subject to
250 human trafficking, the state need not prove that the defendant
251 knew that the person had not attained the age of 18 years.
252 (e) In which a child younger than 15 years of age is
253 involved commits a life felony, punishable as provided in s.
254 775.082, s. 775.083, or s. 775.084 and in Level 10 of the
255 Criminal Punishment Code provided in s. 921.0022(3). In a
256 prosecution under this paragraph in which the defendant had a
257 reasonable opportunity to observe the person who was subject to
258 human trafficking, the state need not prove that the defendant
259 knew that the person had not attained the age of 15 years.
260
261 For each instance of human trafficking of any individual under
262 this subsection, a separate crime is committed and a separate
263 punishment is authorized.
264 (4) A parent, legal guardian, or other person having
265 custody or control of a minor who sells or otherwise transfers
266 custody or control of the minor, or who offers to sell or
267 otherwise transfer custody of the minor, with knowledge or in
268 reckless disregard to the fact that, as a consequence of the
269 sale or transfer, the minor will be subject to human trafficking
270 commits a felony of the first degree, punishable as provided in
271 s. 775.082, s. 775.083, or s. 775.084 and in Level 9 of the
272 Criminal Punishment Code provided in s. 921.0022(3).
273 (5)(4) The Criminal Justice Standards and Training
274 Commission shall establish standards for basic and advanced
275 training programs for law enforcement officers in the subjects
276 of investigating and preventing human trafficking crimes. After
277 January 1, 2007, Every basic skills course required for law
278 enforcement officers to obtain initial certification must
279 include training on human trafficking crime prevention and
280 investigation.
281 (6)(5) Each state attorney shall develop standards of
282 instruction for prosecutors to receive training on the
283 investigation and prosecution of human trafficking crimes and
284 shall provide for periodic and timely instruction.
285 (7) Any real property or personal property that was used,
286 was attempted to be used, or was intended to be used in
287 violation of this section may be seized and shall be forfeited
288 subject to the provisions of the Florida Contraband Forfeiture
289 Act.
290 Section 4. Section 787.07, Florida Statutes, is amended to
291 read:
292 787.07 Human smuggling.—
293 (1) A person who transports into this state an individual
294 who the person knows, or should know, is illegally entering the
295 United States from another country commits a felony misdemeanor
296 of the third first degree, punishable as provided in s. 775.082,
297 or s. 775.083, or s. 775.084 and in Level 4 of the Criminal
298 Punishment Code provided in s. 921.0022(3).
299 (2) A person commits a separate offense for each individual
300 he or she transports into this state in violation of this
301 section.
302 Section 5. Section 796.035, Florida Statutes, is amended to
303 read:
304 796.035 Selling or buying of minors into sex trafficking or
305 prostitution; penalties.—Any parent, legal guardian, or other
306 person having custody or control of a minor who sells or
307 otherwise transfers custody or control of such minor, or offers
308 to sell or otherwise transfer custody of such minor, with
309 knowledge that, as a consequence of the sale or transfer, the
310 minor will engage in prostitution, perform naked for
311 compensation, or otherwise participate in the trade of sex
312 trafficking, commits a felony of the first degree, punishable as
313 provided in s. 775.082, s. 775.083, or s. 775.084 and in Level 9
314 of the Criminal Punishment Code provided in s. 921.0022(3).
315 Section 6. Section 796.045, Florida Statutes, is repealed.
316 Section 7. Section 905.34, Florida Statutes, is amended, to
317 read:
318 905.34 Powers and duties; law applicable.—The jurisdiction
319 of a statewide grand jury impaneled under this chapter shall
320 extend throughout the state. The subject matter jurisdiction of
321 the statewide grand jury shall be limited to the offenses of:
322 (1) Bribery, burglary, carjacking, home-invasion robbery,
323 criminal usury, extortion, gambling, kidnapping, larceny,
324 murder, prostitution, perjury, and robbery;
325 (2) Crimes involving narcotic or other dangerous drugs;
326 (3) Any violation of the provisions of the Florida RICO
327 (Racketeer Influenced and Corrupt Organization) Act, including
328 any offense listed in the definition of racketeering activity in
329 s. 895.02(1)(a), providing such listed offense is investigated
330 in connection with a violation of s. 895.03 and is charged in a
331 separate count of an information or indictment containing a
332 count charging a violation of s. 895.03, the prosecution of
333 which listed offense may continue independently if the
334 prosecution of the violation of s. 895.03 is terminated for any
335 reason;
336 (4) Any violation of the provisions of the Florida Anti
337 Fencing Act;
338 (5) Any violation of the provisions of the Florida
339 Antitrust Act of 1980, as amended;
340 (6) Any violation of the provisions of chapter 815;
341 (7) Any crime involving, or resulting in, fraud or deceit
342 upon any person;
343 (8) Any violation of s. 847.0135, s. 847.0137, or s.
344 847.0138 relating to computer pornography and child exploitation
345 prevention, or any offense related to a violation of s.
346 847.0135, s. 847.0137, or s. 847.0138 or any violation of
347 chapter 827 where the crime is facilitated by or connected to
348 the use of the Internet or any device capable of electronic data
349 storage or transmission;
350 (9) Any criminal violation of part I of chapter 499;
351 (10) Any criminal violation of s. 409.920 or s. 409.9201;
352 (11) Any criminal violation of the Florida Money Laundering
353 Act; or
354 (12) Any criminal violation of the Florida Securities and
355 Investor Protection Act; or
356 (13) Any violation of the provisions of chapter 787, as
357 well as any offense related to a violation of the provisions of
358 chapter 787;
359
360 or any attempt, solicitation, or conspiracy to commit any
361 violation of the crimes specifically enumerated above, when any
362 such offense is occurring, or has occurred, in two or more
363 judicial circuits as part of a related transaction or when any
364 such offense is connected with an organized criminal conspiracy
365 affecting two or more judicial circuits. The statewide grand
366 jury may return indictments and presentments irrespective of the
367 county or judicial circuit where the offense is committed or
368 triable. If an indictment is returned, it shall be certified and
369 transferred for trial to the county where the offense was
370 committed. The powers and duties of, and law applicable to,
371 county grand juries shall apply to a statewide grand jury except
372 when such powers, duties, and law are inconsistent with the
373 provisions of ss. 905.31-905.40.
374 Section 8. Paragraph (a) of subsection (1) of section
375 934.07, Florida Statutes, is amended to read:
376 934.07 Authorization for interception of wire, oral, or
377 electronic communications.—
378 (1) The Governor, the Attorney General, the statewide
379 prosecutor, or any state attorney may authorize an application
380 to a judge of competent jurisdiction for, and such judge may
381 grant in conformity with ss. 934.03-934.09 an order authorizing
382 or approving the interception of, wire, oral, or electronic
383 communications by:
384 (a) The Department of Law Enforcement or any law
385 enforcement agency as defined in s. 934.02 having responsibility
386 for the investigation of the offense as to which the application
387 is made when such interception may provide or has provided
388 evidence of the commission of the offense of murder, kidnapping,
389 aircraft piracy, arson, gambling, robbery, burglary, theft,
390 dealing in stolen property, criminal usury, bribery, or
391 extortion; any felony violation of ss. 790.161-790.166,
392 inclusive; any violation of s. 787.06; any violation of chapter
393 893; any violation of the provisions of the Florida Anti-Fencing
394 Act; any violation of chapter 895; any violation of chapter 896;
395 any violation of chapter 815; any violation of chapter 847; any
396 violation of s. 827.071; any violation of s. 944.40; or any
397 conspiracy or solicitation to commit any violation of the laws
398 of this state relating to the crimes specifically enumerated in
399 this paragraph.
400 Section 9. Paragraphs (b) and (c) of subsection (2) of
401 section 90.404, Florida Statutes, are amended to read:
402 90.404 Character evidence; when admissible.—
403 (2) OTHER CRIMES, WRONGS, OR ACTS.—
404 (b)1. In a criminal case in which the defendant is charged
405 with a crime involving child molestation, evidence of the
406 defendant’s commission of other crimes, wrongs, or acts of child
407 molestation is admissible and may be considered for its bearing
408 on any matter to which it is relevant.
409 2. For the purposes of this paragraph, the term “child
410 molestation” means conduct proscribed by s. 787.025(2)(c), s.
411 794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s.
412 796.035, s. 796.045, s. 800.04, s. 827.071, s. 847.0135(5), s.
413 847.0145, or s. 985.701(1) when committed against a person 16
414 years of age or younger.
415 (c)1. In a criminal case in which the defendant is charged
416 with a sexual offense, evidence of the defendant’s commission of
417 other crimes, wrongs, or acts involving a sexual offense is
418 admissible and may be considered for its bearing on any matter
419 to which it is relevant.
420 2. For the purposes of this paragraph, the term “sexual
421 offense” means conduct proscribed by s. 787.025(2)(c), s.
422 794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s.
423 796.035, s. 796.045, s. 825.1025(2)(b), s. 827.071, s.
424 847.0135(5), s. 847.0145, or s. 985.701(1).
425 Section 10. Paragraph (a) of subsection (1) of section
426 772.102, Florida Statutes, is amended to read:
427 772.102 Definitions.—As used in this chapter, the term:
428 (1) “Criminal activity” means to commit, to attempt to
429 commit, to conspire to commit, or to solicit, coerce, or
430 intimidate another person to commit:
431 (a) Any crime that is chargeable by indictment or
432 information under the following provisions:
433 1. Section 210.18, relating to evasion of payment of
434 cigarette taxes.
435 2. Section 414.39, relating to public assistance fraud.
436 3. Section 440.105 or s. 440.106, relating to workers’
437 compensation.
438 4. Part IV of chapter 501, relating to telemarketing.
439 5. Chapter 517, relating to securities transactions.
440 6. Section 550.235 or s. 550.3551, relating to dogracing
441 and horseracing.
442 7. Chapter 550, relating to jai alai frontons.
443 8. Chapter 552, relating to the manufacture, distribution,
444 and use of explosives.
445 9. Chapter 562, relating to beverage law enforcement.
446 10. Section 624.401, relating to transacting insurance
447 without a certificate of authority, s. 624.437(4)(c)1., relating
448 to operating an unauthorized multiple-employer welfare
449 arrangement, or s. 626.902(1)(b), relating to representing or
450 aiding an unauthorized insurer.
451 11. Chapter 687, relating to interest and usurious
452 practices.
453 12. Section 721.08, s. 721.09, or s. 721.13, relating to
454 real estate timeshare plans.
455 13. Chapter 782, relating to homicide.
456 14. Chapter 784, relating to assault and battery.
457 15. Chapter 787, relating to kidnapping or human
458 trafficking.
459 16. Chapter 790, relating to weapons and firearms.
460 17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, or s.
461 796.07, relating to prostitution.
462 18. Chapter 806, relating to arson.
463 19. Section 810.02(2)(c), relating to specified burglary of
464 a dwelling or structure.
465 20. Chapter 812, relating to theft, robbery, and related
466 crimes.
467 21. Chapter 815, relating to computer-related crimes.
468 22. Chapter 817, relating to fraudulent practices, false
469 pretenses, fraud generally, and credit card crimes.
470 23. Section 827.071, relating to commercial sexual
471 exploitation of children.
472 24. Chapter 831, relating to forgery and counterfeiting.
473 25. Chapter 832, relating to issuance of worthless checks
474 and drafts.
475 26. Section 836.05, relating to extortion.
476 27. Chapter 837, relating to perjury.
477 28. Chapter 838, relating to bribery and misuse of public
478 office.
479 29. Chapter 843, relating to obstruction of justice.
480 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
481 s. 847.07, relating to obscene literature and profanity.
482 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
483 849.25, relating to gambling.
484 32. Chapter 893, relating to drug abuse prevention and
485 control.
486 33. Section 914.22 or s. 914.23, relating to witnesses,
487 victims, or informants.
488 34. Section 918.12 or s. 918.13, relating to tampering with
489 jurors and evidence.
490 Section 11. Subsection (1) of section 794.056, Florida
491 Statutes, is amended to read:
492 794.056 Rape Crisis Program Trust Fund.—
493 (1) The Rape Crisis Program Trust Fund is created within
494 the Department of Health for the purpose of providing funds for
495 rape crisis centers in this state. Trust fund moneys shall be
496 used exclusively for the purpose of providing services for
497 victims of sexual assault. Funds credited to the trust fund
498 consist of those funds collected as an additional court
499 assessment in each case in which a defendant pleads guilty or
500 nolo contendere to, or is found guilty of, regardless of
501 adjudication, an offense provided in s. 775.21(6) and (10)(a),
502 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
503 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
504 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
505 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
506 s. 796.03; s. 796.035; s. 796.04; s. 796.045; s. 796.05; s.
507 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
508 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
509 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
510 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
511 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
512 fund also shall include revenues provided by law, moneys
513 appropriated by the Legislature, and grants from public or
514 private entities.
515 Section 12. Paragraph (a) of subsection (1) of section
516 895.02, Florida Statutes, is amended to read:
517 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
518 (1) “Racketeering activity” means to commit, to attempt to
519 commit, to conspire to commit, or to solicit, coerce, or
520 intimidate another person to commit:
521 (a) Any crime that is chargeable by petition, indictment,
522 or information under the following provisions of the Florida
523 Statutes:
524 1. Section 210.18, relating to evasion of payment of
525 cigarette taxes.
526 2. Section 316.1935, relating to fleeing or attempting to
527 elude a law enforcement officer and aggravated fleeing or
528 eluding.
529 3. Section 403.727(3)(b), relating to environmental
530 control.
531 4. Section 409.920 or s. 409.9201, relating to Medicaid
532 fraud.
533 5. Section 414.39, relating to public assistance fraud.
534 6. Section 440.105 or s. 440.106, relating to workers’
535 compensation.
536 7. Section 443.071(4), relating to creation of a fictitious
537 employer scheme to commit unemployment compensation fraud.
538 8. Section 465.0161, relating to distribution of medicinal
539 drugs without a permit as an Internet pharmacy.
540 9. Section 499.0051, relating to crimes involving
541 contraband and adulterated drugs.
542 10. Part IV of chapter 501, relating to telemarketing.
543 11. Chapter 517, relating to sale of securities and
544 investor protection.
545 12. Section 550.235 or s. 550.3551, relating to dogracing
546 and horseracing.
547 13. Chapter 550, relating to jai alai frontons.
548 14. Section 551.109, relating to slot machine gaming.
549 15. Chapter 552, relating to the manufacture, distribution,
550 and use of explosives.
551 16. Chapter 560, relating to money transmitters, if the
552 violation is punishable as a felony.
553 17. Chapter 562, relating to beverage law enforcement.
554 18. Section 624.401, relating to transacting insurance
555 without a certificate of authority, s. 624.437(4)(c)1., relating
556 to operating an unauthorized multiple-employer welfare
557 arrangement, or s. 626.902(1)(b), relating to representing or
558 aiding an unauthorized insurer.
559 19. Section 655.50, relating to reports of currency
560 transactions, when such violation is punishable as a felony.
561 20. Chapter 687, relating to interest and usurious
562 practices.
563 21. Section 721.08, s. 721.09, or s. 721.13, relating to
564 real estate timeshare plans.
565 22. Section 775.13(5)(b), relating to registration of
566 persons found to have committed any offense for the purpose of
567 benefiting, promoting, or furthering the interests of a criminal
568 gang.
569 23. Section 777.03, relating to commission of crimes by
570 accessories after the fact.
571 24. Chapter 782, relating to homicide.
572 25. Chapter 784, relating to assault and battery.
573 26. Chapter 787, relating to kidnapping or human
574 trafficking.
575 27. Chapter 790, relating to weapons and firearms.
576 28. Chapter 794, relating to sexual battery, but only if
577 such crime was committed with the intent to benefit, promote, or
578 further the interests of a criminal gang, or for the purpose of
579 increasing a criminal gang member’s own standing or position
580 within a criminal gang.
581 29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
582 796.05, or s. 796.07, relating to prostitution and sex
583 trafficking.
584 30. Chapter 806, relating to arson and criminal mischief.
585 31. Chapter 810, relating to burglary and trespass.
586 32. Chapter 812, relating to theft, robbery, and related
587 crimes.
588 33. Chapter 815, relating to computer-related crimes.
589 34. Chapter 817, relating to fraudulent practices, false
590 pretenses, fraud generally, and credit card crimes.
591 35. Chapter 825, relating to abuse, neglect, or
592 exploitation of an elderly person or disabled adult.
593 36. Section 827.071, relating to commercial sexual
594 exploitation of children.
595 37. Chapter 831, relating to forgery and counterfeiting.
596 38. Chapter 832, relating to issuance of worthless checks
597 and drafts.
598 39. Section 836.05, relating to extortion.
599 40. Chapter 837, relating to perjury.
600 41. Chapter 838, relating to bribery and misuse of public
601 office.
602 42. Chapter 843, relating to obstruction of justice.
603 43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
604 s. 847.07, relating to obscene literature and profanity.
605 44. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
606 849.25, relating to gambling.
607 45. Chapter 874, relating to criminal gangs.
608 46. Chapter 893, relating to drug abuse prevention and
609 control.
610 47. Chapter 896, relating to offenses related to financial
611 transactions.
612 48. Sections 914.22 and 914.23, relating to tampering with
613 or harassing a witness, victim, or informant, and retaliation
614 against a witness, victim, or informant.
615 49. Sections 918.12 and 918.13, relating to tampering with
616 jurors and evidence.
617 Section 13. Section 938.085, Florida Statutes, is amended
618 to read:
619 938.085 Additional cost to fund rape crisis centers.—In
620 addition to any sanction imposed when a person pleads guilty or
621 nolo contendere to, or is found guilty of, regardless of
622 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
623 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
624 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
625 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
626 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; s. 796.03;
627 s. 796.035; s. 796.04; s. 796.045; s. 796.05; s. 796.06; s.
628 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
629 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
630 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
631 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
632 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
633 $151. Payment of the surcharge shall be a condition of
634 probation, community control, or any other court-ordered
635 supervision. The sum of $150 of the surcharge shall be deposited
636 into the Rape Crisis Program Trust Fund established within the
637 Department of Health by chapter 2003-140, Laws of Florida. The
638 clerk of the court shall retain $1 of each surcharge that the
639 clerk of the court collects as a service charge of the clerk’s
640 office.
641 Section 14. This act shall take effect July 1, 2012.