Panel approves state human smuggling bill
TALLAHASSEE (AP) – If state and local law enforcement officers, while patrolling Florida waters for boating violations or to deter drug smuggling and illegal fishing, come across a vessel with an illicit human cargo they cannot make an arrest.
That’s because smuggling illegal immigrants, though against federal law, is not a crime in Florida.
A bill to close that loophole in state law won approval Wednesday from the Florida Senate’s Criminal Justice Committee. It would make human smuggling a third degree felony with a five-year maximum prison sentence. Stiffer penalties could result if an illegally smuggled immigrant is a minor or is seriously injured or dies as a result.
Sponsors said such a law would let state and local police arrest human smugglers who sometimes get away before federal authorities arrive.
The measure also may save the lives of illegal immigrants, including pregnant women and children, who have been forced overboard a mile offshore and told to swim so the smuggler can escape, said Sen. Paula Dockery, the committee’s chairwoman and sponsor of the Senate bill (SB 502).
“It is not about illegal immigration,” said Dockery, R-Lakeland. “It’s about deterring and punishing unscrupulous smugglers who are not concerned about the safety or care of the persons they transport.”
Rep. William Snyder, who is sponsoring an identical bill (HB 123) in the House, has had personal experience with human smuggling. Now retired, the Stuart Republican was a law enforcement officer for 33 years with the Miami-Dade Police Department and Martin County Sheriff’s Office.
Having a state law would allow for an immediate arrest instead of waiting for federal agents to arrive, Snyder said.
It also would help ensure a conviction because state or local authorities could secure the crime scene – whether it’s a boat, vehicle or building.
What often happens now is boats are towed away and witnesses – the illegal immigrants – are taken to detention centers.
“The scene starts to dissipate,” Snyder said.
Sen. Gary Siplin, D-Orlando, noted state attorneys say Florida already has more felonies on the books than they can afford to prosecute thanks to recent budget cuts. And prisons are running out of room.
But Snyder said the legislation would have negligible effect on state courts and prisons because suspects in most cases still will be turned over to federal authorities.
Dockery said she also had thought about the potential expense but decided it was more important to safeguard lives and human rights.
The committee approved the bill 7-1 with Sen. Alex Villallobos, R-Miami, opposed. The measure will be heard by two more Senate committees. The House version has not yet had a committee hearing.
The panel delayed action on a related bill (SB 168) that would begin development of a strategic plan to aid victims of human trafficking, including some who are smuggled into Florida.
“There is a very, very close nexus between human smuggling and human trafficking,” Snyder said.
He said immigrants often have to work off the expense of being smuggling through forced labor.
“The state has a place at the table,” Snyder said. “They’re our victims, they’re our beaches.”