Senate Bill sb0250c2

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    Florida Senate - 2006                     CS for CS for SB 250

    By the Committees on Justice Appropriations; Judiciary; and
    Senators Margolis, King, Smith, Rich, Campbell, Saunders,
    Haridopolos, Aronberg and Wilson



    604-2154-06

  1                      A bill to be entitled

  2         An act relating to human trafficking; amending

  3         s. 787.06, F.S.; providing legislative findings

  4         and intent; defining the term "financial harm";

  5         redefining the term "forced labor or services"

  6         to include circumstances involving the use of

  7         fraud or coercion against a person, the use of

  8         certain debt practices, and the destruction,

  9         concealing, or withholding of a person's

10         identification documents; providing for

11         attempted human trafficking to be an equal

12         crime to human trafficking; prohibiting

13         knowingly benefiting financially or receiving

14         anything of value from human trafficking when

15         the trafficked person engages in forced labor

16         or services; providing criminal penalties;

17         amending s. 772.102, F.S.; expanding the

18         definition of the term "criminal activity" to

19         include the offense of human trafficking and

20         the offense of sex trafficking for purposes of

21         seeking civil remedies for criminal offenses;

22         amending s. 772.104, F.S.; revising a civil

23         cause of action relating to injuries by reason

24         of criminal activity; providing for alternative

25         damages for violations relating to sex

26         trafficking and human trafficking; amending s.

27         895.02, F.S.; redefining the term "racketeering

28         activity" to include the offense of human

29         trafficking for purposes of the Florida RICO

30         Act; reenacting ss. 16.56(1)(a), 655.50(3)(g),

31         896.101(2)(g), and 905.34, F.S., relating to

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 1         the authority of the Office of the Statewide

 2         Prosecutor, the definition of "specified

 3         unlawful activity" in a law prohibiting money

 4         laundering in financial institutions and in the

 5         Florida Money Laundering Act, and the subject

 6         matter jurisdiction of a statewide grand jury,

 7         to incorporate the amendments made to s.

 8         895.02, F.S., in references thereto; providing

 9         an effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Section 787.06, Florida Statutes, is

14  amended to read:

15         787.06  Human trafficking.--

16         (1)(a)  The Legislature finds that human trafficking is

17  a form of modern-day slavery. Victims of human trafficking are

18  young children, teenagers, and adults. Thousands of victims

19  are trafficked annually across international borders

20  worldwide. Many of these victims are trafficked into this

21  state. The Legislature finds that victims of human trafficking

22  are subjected to force, fraud, or coercion for the purpose of

23  sexual exploitation or forced labor.

24         (b)  The Legislature finds that while many victims of

25  human trafficking are forced to work in prostitution or the

26  sexual entertainment industry, trafficking also occurs in

27  forms of labor exploitation, such as domestic servitude,

28  restaurant work, janitorial work, sweatshop factory work, and

29  migrant agricultural work.

30         (c)  The Legislature finds that traffickers use various

31  techniques to instill fear in victims and to keep them

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 1  enslaved. Some traffickers keep their victims under lock and

 2  key. However, the most frequently used practices are

 3  less-obvious techniques that include isolating victims from

 4  the public and family members; confiscating passports, visas,

 5  or other identification documents; using or threatening to use

 6  violence toward victims or their families; telling victims

 7  that they will be imprisoned or deported for immigration

 8  violations if they contact authorities; and controlling the

 9  victims' funds by holding the money for "safekeeping."

10         (d)  It is the intent of the Legislature that the

11  perpetrators of human trafficking be penalized for their

12  illegal conduct and that the victims of trafficking be

13  protected and assisted by this state and its agencies. In

14  furtherance of this policy, it is the intent of the

15  Legislature that the State Supreme Court, The Florida Bar, and

16  relevant state agencies prepare and implement training

17  programs in order that judges, attorneys, law enforcement

18  personnel, investigators, and others are able to identify

19  traffickers and victims of human trafficking and direct

20  victims to appropriate agencies for assistance. It is the

21  intent of the Legislature that the Department of Children and

22  Family Services and other state agencies cooperate with other

23  state and federal agencies to ensure that victims of human

24  trafficking can access social services and benefits to

25  alleviate their plight.

26         (2)(1)  As used in this section, the term:

27         (a)  "Financial harm" includes extortionate extension

28  of credit, loan sharking as defined in s. 687.071, or

29  employment contracts that violate the statute of frauds as

30  provided in s. 725.01.

31  

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 1         (b)(a)  "Forced labor or services" means labor or

 2  services obtained from a person by:

 3         1.  Using or threatening to use physical force, fraud,

 4  or coercion against that person or another person; or

 5         2.  Restraining, isolating, or confining or threatening

 6  to restrain, isolate, or confine that person or another person

 7  without lawful authority and against her or his will;.

 8         3.  Using lending or other credit methods to establish

 9  a debt by that person or another person when the labor or

10  services are pledged as a security for the debt, if the value

11  of the labor or services as reasonably assessed is not applied

12  toward the liquidation of the debt or the length and nature of

13  the labor or services are not respectively limited and

14  defined; or

15         4.  Destroying, concealing, removing, confiscating,

16  withholding, or possessing any actual or purported passport,

17  visa, or other immigration document, or any other actual or

18  purported government identification document, of that person

19  or another person.

20         (c)(b)  "Human trafficking" means transporting,

21  soliciting, recruiting, harboring, providing, or obtaining

22  another person for transport.

23         (3)(2)  Any person who knowingly engages, or attempts

24  to engage, in human trafficking with the intent that the

25  trafficked person engage in forced labor or services or who

26  knowingly benefits financially or receives anything of value,

27  or attempts to benefit financially or receive anything of

28  value, from human trafficking when the trafficked person

29  engages in forced labor or services commits a felony of the

30  second degree, punishable as provided in s. 775.082, s.

31  775.083, or s. 775.084.

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 1         Section 2.  Subsection (1) of section 772.102, Florida

 2  Statutes, is amended to read:

 3         772.102  Definitions.--As used in this chapter, the

 4  term:

 5         (1)  "Criminal activity" means to commit, to attempt to

 6  commit, to conspire to commit, or to solicit, coerce, or

 7  intimidate another person to commit:

 8         (a)  Any crime that which is chargeable by indictment

 9  or information under the following provisions:

10         1.  Section 210.18, relating to evasion of payment of

11  cigarette taxes.

12         2.  Section 414.39, relating to public assistance

13  fraud.

14         3.  Section 440.105 or s. 440.106, relating to workers'

15  compensation.

16         4.  Part IV of chapter 501, relating to telemarketing.

17         5.  Chapter 517, relating to securities transactions.

18         6.  Section 550.235, s. 550.3551, or s. 550.3605,

19  relating to dogracing and horseracing.

20         7.  Chapter 550, relating to jai alai frontons.

21         8.  Chapter 552, relating to the manufacture,

22  distribution, and use of explosives.

23         9.  Chapter 562, relating to beverage law enforcement.

24         10.  Section 624.401, relating to transacting insurance

25  without a certificate of authority, s. 624.437(4)(c)1.,

26  relating to operating an unauthorized multiple-employer

27  welfare arrangement, or s. 626.902(1)(b), relating to

28  representing or aiding an unauthorized insurer.

29         11.  Chapter 687, relating to interest and usurious

30  practices.

31  

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 1         12.  Section 721.08, s. 721.09, or s. 721.13, relating

 2  to real estate timeshare plans.

 3         13.  Chapter 782, relating to homicide.

 4         14.  Chapter 784, relating to assault and battery.

 5         15.  Chapter 787, relating to kidnapping or human

 6  trafficking.

 7         16.  Chapter 790, relating to weapons and firearms.

 8         17.  Section 796.03, s. 796.04, s. 796.045, s. 796.05,

 9  or s. 796.07, relating to prostitution or sex trafficking.

10         18.  Chapter 806, relating to arson.

11         19.  Section 810.02(2)(c), relating to specified

12  burglary of a dwelling or structure.

13         20.  Chapter 812, relating to theft, robbery, and

14  related crimes.

15         21.  Chapter 815, relating to computer-related crimes.

16         22.  Chapter 817, relating to fraudulent practices,

17  false pretenses, fraud generally, and credit card crimes.

18         23.  Section 827.071, relating to commercial sexual

19  exploitation of children.

20         24.  Chapter 831, relating to forgery and

21  counterfeiting.

22         25.  Chapter 832, relating to issuance of worthless

23  checks and drafts.

24         26.  Section 836.05, relating to extortion.

25         27.  Chapter 837, relating to perjury.

26         28.  Chapter 838, relating to bribery and misuse of

27  public office.

28         29.  Chapter 843, relating to obstruction of justice.

29         30.  Section 847.011, s. 847.012, s. 847.013, s.

30  847.06, or s. 847.07, relating to obscene literature and

31  profanity.

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 1         31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

 2  or s. 849.25, relating to gambling.

 3         32.  Chapter 893, relating to drug abuse prevention and

 4  control.

 5         33.  Section 914.22 or s. 914.23, relating to

 6  witnesses, victims, or informants.

 7         34.  Section 918.12 or s. 918.13, relating to tampering

 8  with jurors and evidence.

 9         (b)  Any conduct which is subject to indictment or

10  information as a criminal offense and listed in 18 U.S.C. s.

11  1961(1) (A), (B), (C), or (D).

12         Section 3.  Section 772.104, Florida Statutes, is

13  amended to read:

14         772.104  Civil cause of action.--

15         (1)  Any person who proves by clear and convincing

16  evidence that he or she has been injured by reason of any

17  violation of the provisions of s. 772.103 shall have a cause

18  of action for threefold the actual damages sustained and, in

19  any such action, is entitled to minimum damages in the amount

20  of $200, and reasonable attorney's fees and court costs in the

21  trial and appellate courts.

22         (2)  As an alternative to recovery under subsection

23  (1), any person who proves by clear and convincing evidence

24  that he or she has been injured by reason of any violation of

25  the provisions of s. 772.103 relating to sex trafficking or

26  human trafficking shall have a cause of action for threefold

27  the amount of profit gained from the sex trafficking or human

28  trafficking and, in any such action, is entitled to minimum

29  damages in the amount of $200 and reasonable attorney's fees

30  and court costs in the trial and appellate courts.

31  

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 1         (3)  In no event shall punitive damages be awarded

 2  under this section.  The defendant shall be entitled to

 3  recover reasonable attorney's fees and court costs in the

 4  trial and appellate courts upon a finding that the claimant

 5  raised a claim which was without substantial fact or legal

 6  support. In awarding attorney's fees and costs under this

 7  section, the court shall not consider the ability of the

 8  opposing party to pay such fees and costs. Nothing under this

 9  section shall be interpreted as limiting any right to recover

10  attorney's fees or costs provided under other provisions of

11  law.

12         Section 4.  Subsection (1) of section 895.02, Florida

13  Statutes, as amended by section 3 of chapter 2005-362, Laws of

14  Florida, is amended to read:

15         895.02  Definitions.--As used in ss. 895.01-895.08, the

16  term:

17         (1)  "Racketeering activity" means to commit, to

18  attempt to commit, to conspire to commit, or to solicit,

19  coerce, or intimidate another person to commit:

20         (a)  Any crime which is chargeable by indictment or

21  information under the following provisions of the Florida

22  Statutes:

23         1.  Section 210.18, relating to evasion of payment of

24  cigarette taxes.

25         2.  Section 403.727(3)(b), relating to environmental

26  control.

27         3.  Section 409.920 or s. 409.9201, relating to

28  Medicaid fraud.

29         4.  Section 414.39, relating to public assistance

30  fraud.

31  

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 1         5.  Section 440.105 or s. 440.106, relating to workers'

 2  compensation.

 3         6.  Section 443.071(4), relating to creation of a

 4  fictitious employer scheme to commit unemployment compensation

 5  fraud.

 6         7.  Section 465.0161, relating to distribution of

 7  medicinal drugs without a permit as an Internet pharmacy.

 8         8.  Sections 499.0051, 499.0052, 499.00535, 499.00545,

 9  and 499.0691, relating to crimes involving contraband and

10  adulterated drugs.

11         9.  Part IV of chapter 501, relating to telemarketing.

12         10.  Chapter 517, relating to sale of securities and

13  investor protection.

14         11.  Section 550.235, s. 550.3551, or s. 550.3605,

15  relating to dogracing and horseracing.

16         12.  Chapter 550, relating to jai alai frontons.

17         13.  Section 551.109, relating to slot machine gaming.

18         14.  Chapter 552, relating to the manufacture,

19  distribution, and use of explosives.

20         15.  Chapter 560, relating to money transmitters, if

21  the violation is punishable as a felony.

22         16.  Chapter 562, relating to beverage law enforcement.

23         17.  Section 624.401, relating to transacting insurance

24  without a certificate of authority, s. 624.437(4)(c)1.,

25  relating to operating an unauthorized multiple-employer

26  welfare arrangement, or s. 626.902(1)(b), relating to

27  representing or aiding an unauthorized insurer.

28         18.  Section 655.50, relating to reports of currency

29  transactions, when such violation is punishable as a felony.

30         19.  Chapter 687, relating to interest and usurious

31  practices.

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 1         20.  Section 721.08, s. 721.09, or s. 721.13, relating

 2  to real estate timeshare plans.

 3         21.  Chapter 782, relating to homicide.

 4         22.  Chapter 784, relating to assault and battery.

 5         23.  Chapter 787, relating to kidnapping or human

 6  trafficking.

 7         24.  Chapter 790, relating to weapons and firearms.

 8         25.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,

 9  s. 796.05, or s. 796.07, relating to prostitution and sex

10  trafficking.

11         26.  Chapter 806, relating to arson.

12         27.  Section 810.02(2)(c), relating to specified

13  burglary of a dwelling or structure.

14         28.  Chapter 812, relating to theft, robbery, and

15  related crimes.

16         29.  Chapter 815, relating to computer-related crimes.

17         30.  Chapter 817, relating to fraudulent practices,

18  false pretenses, fraud generally, and credit card crimes.

19         31.  Chapter 825, relating to abuse, neglect, or

20  exploitation of an elderly person or disabled adult.

21         32.  Section 827.071, relating to commercial sexual

22  exploitation of children.

23         33.  Chapter 831, relating to forgery and

24  counterfeiting.

25         34.  Chapter 832, relating to issuance of worthless

26  checks and drafts.

27         35.  Section 836.05, relating to extortion.

28         36.  Chapter 837, relating to perjury.

29         37.  Chapter 838, relating to bribery and misuse of

30  public office.

31         38.  Chapter 843, relating to obstruction of justice.

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 1         39.  Section 847.011, s. 847.012, s. 847.013, s.

 2  847.06, or s. 847.07, relating to obscene literature and

 3  profanity.

 4         40.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

 5  or s. 849.25, relating to gambling.

 6         41.  Chapter 874, relating to criminal street gangs.

 7         42.  Chapter 893, relating to drug abuse prevention and

 8  control.

 9         43.  Chapter 896, relating to offenses related to

10  financial transactions.

11         44.  Sections 914.22 and 914.23, relating to tampering

12  with a witness, victim, or informant, and retaliation against

13  a witness, victim, or informant.

14         45.  Sections 918.12 and 918.13, relating to tampering

15  with jurors and evidence.

16         (b)  Any conduct defined as "racketeering activity"

17  under 18 U.S.C. s. 1961(1).

18         Section 5.  For the purpose of incorporating the

19  amendment made by this act to section 895.02, Florida

20  Statutes, in a reference thereto, paragraph (a) of subsection

21  (1) of section 16.56, Florida Statutes, is reenacted to read:

22         16.56  Office of Statewide Prosecution.--

23         (1)  There is created in the Department of Legal

24  Affairs an Office of Statewide Prosecution. The office shall

25  be a separate "budget entity" as that term is defined in

26  chapter 216. The office may:

27         (a)  Investigate and prosecute the offenses of:

28         1.  Bribery, burglary, criminal usury, extortion,

29  gambling, kidnapping, larceny, murder, prostitution, perjury,

30  robbery, carjacking, and home-invasion robbery;

31  

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 1         2.  Any crime involving narcotic or other dangerous

 2  drugs;

 3         3.  Any violation of the provisions of the Florida RICO

 4  (Racketeer Influenced and Corrupt Organization) Act, including

 5  any offense listed in the definition of racketeering activity

 6  in s. 895.02(1)(a), providing such listed offense is

 7  investigated in connection with a violation of s. 895.03 and

 8  is charged in a separate count of an information or indictment

 9  containing a count charging a violation of s. 895.03, the

10  prosecution of which listed offense may continue independently

11  if the prosecution of the violation of s. 895.03 is terminated

12  for any reason;

13         4.  Any violation of the provisions of the Florida

14  Anti-Fencing Act;

15         5.  Any violation of the provisions of the Florida

16  Antitrust Act of 1980, as amended;

17         6.  Any crime involving, or resulting in, fraud or

18  deceit upon any person;

19         7.  Any violation of s. 847.0135, relating to computer

20  pornography and child exploitation prevention, or any offense

21  related to a violation of s. 847.0135;

22         8.  Any violation of the provisions of chapter 815;

23         9.  Any criminal violation of part I of chapter 499;

24         10.  Any violation of the provisions of the Florida

25  Motor Fuel Tax Relief Act of 2004;

26         11.  Any criminal violation of s. 409.920 or s.

27  409.9201; or

28         12.  Any crime involving voter registration, voting, or

29  candidate or issue petition activities;

30  

31  

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 1  or any attempt, solicitation, or conspiracy to commit any of

 2  the crimes specifically enumerated above. The office shall

 3  have such power only when any such offense is occurring, or

 4  has occurred, in two or more judicial circuits as part of a

 5  related transaction, or when any such offense is connected

 6  with an organized criminal conspiracy affecting two or more

 7  judicial circuits.

 8         Section 6.  For the purpose of incorporating the

 9  amendment made by this act to section 895.02, Florida

10  Statutes, in a reference thereto, paragraph (g) of subsection

11  (3) of section 655.50, Florida Statutes, is reenacted to read:

12         655.50  Florida Control of Money Laundering in

13  Financial Institutions Act; reports of transactions involving

14  currency or monetary instruments; when required; purpose;

15  definitions; penalties.--

16         (3)  As used in this section, the term:

17         (g)  "Specified unlawful activity" means any

18  "racketeering activity" as defined in s. 895.02.

19         Section 7.  For the purpose of incorporating the

20  amendment made by this act to section 895.02, Florida

21  Statutes, in a reference thereto, paragraph (g) of subsection

22  (2) of section 896.101, Florida Statutes, is reenacted to

23  read:

24         896.101  Florida Money Laundering Act; definitions;

25  penalties; injunctions; seizure warrants; immunity.--

26         (2)  As used in this section, the term:

27         (g)  "Specified unlawful activity" means any

28  "racketeering activity" as defined in s. 895.02.

29         Section 8.  For the purpose of incorporating the

30  amendment made by this act to section 895.02, Florida

31  

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 1  Statutes, in a reference thereto, section 905.34, Florida

 2  Statutes, is reenacted to read:

 3         905.34  Powers and duties; law applicable.--The

 4  jurisdiction of a statewide grand jury impaneled under this

 5  chapter shall extend throughout the state. The subject matter

 6  jurisdiction of the statewide grand jury shall be limited to

 7  the offenses of:

 8         (1)  Bribery, burglary, carjacking, home-invasion

 9  robbery, criminal usury, extortion, gambling, kidnapping,

10  larceny, murder, prostitution, perjury, and robbery;

11         (2)  Crimes involving narcotic or other dangerous

12  drugs;

13         (3)  Any violation of the provisions of the Florida

14  RICO (Racketeer Influenced and Corrupt Organization) Act,

15  including any offense listed in the definition of racketeering

16  activity in s. 895.02(1)(a), providing such listed offense is

17  investigated in connection with a violation of s. 895.03 and

18  is charged in a separate count of an information or indictment

19  containing a count charging a violation of s. 895.03, the

20  prosecution of which listed offense may continue independently

21  if the prosecution of the violation of s. 895.03 is terminated

22  for any reason;

23         (4)  Any violation of the provisions of the Florida

24  Anti-Fencing Act;

25         (5)  Any violation of the provisions of the Florida

26  Antitrust Act of 1980, as amended;

27         (6)  Any violation of the provisions of chapter 815;

28         (7)  Any crime involving, or resulting in, fraud or

29  deceit upon any person;

30         (8)  Any violation of s. 847.0135, s. 847.0137, or s.

31  847.0138 relating to computer pornography and child

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 1  exploitation prevention, or any offense related to a violation

 2  of s. 847.0135, s. 847.0137, or s. 847.0138;

 3         (9)  Any criminal violation of part I of chapter 499;

 4  or

 5         (10)  Any criminal violation of s. 409.920 or s.

 6  409.9201;

 7  

 8  or any attempt, solicitation, or conspiracy to commit any

 9  violation of the crimes specifically enumerated above, when

10  any such offense is occurring, or has occurred, in two or more

11  judicial circuits as part of a related transaction or when any

12  such offense is connected with an organized criminal

13  conspiracy affecting two or more judicial circuits.  The

14  statewide grand jury may return indictments and presentments

15  irrespective of the county or judicial circuit where the

16  offense is committed or triable.  If an indictment is

17  returned, it shall be certified and transferred for trial to

18  the county where the offense was committed.  The powers and

19  duties of, and law applicable to, county grand juries shall

20  apply to a statewide grand jury except when such powers,

21  duties, and law are inconsistent with the provisions of ss.

22  905.31-905.40.

23         Section 9.  This act shall take effect October 1, 2006.

24  

25  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                      CS for Senate Bill 250

 3                                 

 4  Expands the scope of the state's criminal prohibition against
    human trafficking by including additional types of activity
 5  that can constitute "financial harm".

 6  Removes a requirement for the Florida Court Educational
    Council to establish standards of instruction for circuit and
 7  county court judges who hear cases involving victims of human
    trafficking and provide periodic and timely instruction.
 8  
    Expands the definition of the term "criminal activity" to
 9  include the offense of sex trafficking, for purposes of a
    statute allowing civil recovery for victims.
10  
    Expands, as an alternative to cause of action for a victim of
11  human or sex trafficking, that the victim may pursue a cause
    of action for three times the amount of profit gained from the
12  human or sex trafficking, and that the victim is entitled to
    minimum damages in the amount of $200, and reasonable
13  attorney's fees and court costs in the trial and appellate
    courts.
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