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