Florida Statutes
Fla. Stat. § 787.07 (2025)
Human smuggling.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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787.07 Human smuggling.—
(1) Except as provided in subsections (3), (4), and (5), a person who knowingly and willfully transports into this state an individual whom the person knows, or reasonably should know, has entered the United States in violation of law and has not been inspected by the Federal Government since his or her unlawful entry from another country commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person commits a separate offense for each individual he or she transports into this state in violation of this section.
(3) A person who transports a minor into this state in violation of subsection (1) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A person who commits five or more separate offenses under this section during a single episode commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5)(a) A person with a prior conviction under this section who commits a subsequent violation of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) As used in paragraph (a), the term “conviction” means a determination of guilt that is the result of a plea agreement or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
(6) Proof that a person knowingly and willfully presented false identification or gave false information to a law enforcement officer who is conducting an investigation for a violation of this section gives rise to an inference that such person was aware that the transported individual has entered the United States in violation of the law and had not been inspected by the Federal Government since his or her unlawful entry.
(7) A person who is arrested for a violation of this section must be held in custody until brought before the court for admittance to pretrial release in accordance with chapter 903.
Arrestable Offenses under F.S. 787.07
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§787.07(1)SMUGGLINGPENALTY INCREASED SEE RECORD # 7282
§787.07(1)SMUGGLINGTRANSPORT UNLAWFULLY ENTERED PERSON INTO STATE
§787.07(3)SMUGGLINGTRANSPORT UNLAWFULLY ENTERED MINOR INTO STATE
§787.07(4)SMUGGLINGTRANSPORT 5+ UNLAWFUL ENTERED PERSONS TO STATE
§787.07(5a)SMUGGLINGTRANSPORT UNLAWFULLY ENTERED PERSONS PREV CONV
Notes of Decisions
Cited in 6
cases (6 in the last 5 years), 2023–2025 · leading case: State of Florida v. Jean Paul Yanes-Blanco (Fla. 5th DCA 2025).
State of Florida v. Jean Paul Yanes-Blanco (Fla. 5th DCA 2025). “This case, as the majority has correctly stated, is based solely on the interpretation of section 787.07, Florida Statutes (2021). The issue revolves around the meaning of the words, “is illegally entering the United States,” as used in the statute.”
The Farmworker Ass'n of Florida, Inc. v. Attorney Gen. of the State of Florida (S.D. Fla. 2023). “§ 787.07 to provide that “a person who knowingly and willfully transports into this state an individual whom the person knows, or reasonably should know, has entered the United 1 On September 5, 2023, “[a]ll Plaintiffs in this action and Defendant State Attorneys” filed a Joint…”
Juan Cresencio Matos v. State of Florida (Fla. 4th DCA 2023). “Conclusion Section 787.07(3)(g), Florida Statutes (2018), penalizes the human trafficking of a child for the purposes of commercial sexual activity.”
State of Florida v. Josselin Nicoll Padilla-Valladares (Fla. 5th DCA 2025). “See § 787.07(1), Fla. Stat. (2021). The State argues that the order is in error because “illegally entering” into the United States is a continuous act.”
Frank Leija Moreno v. State of Florida (Fla. 1st DCA 2024). “§§ 787.07(1); 775.082(3)(e), Fla. Stat. (2020).”
The Farmworker Ass'n of Florida, Inc. v. Attorney Gen. of the State of Florida (S.D. Fla. 2024). “07 to provide that “a person who knowingly and willfully transports into this state an individual whom the person knows, or reasonably should know, has entered the United States in violation of law and has not been inspected by the Federal Government since his or her unlawful…”
— 787.07(1) — 3 cases
State of Florida v. Jean Paul Yanes-Blanco (Fla. 5th DCA 2025). “This case, as the majority has correctly stated, is based solely on the interpretation of section 787.07, Florida Statutes (2021). The issue revolves around the meaning of the words, “is illegally entering the United States,” as used in the statute.”
State of Florida v. Josselin Nicoll Padilla-Valladares (Fla. 5th DCA 2025). “See § 787.07(1), Fla. Stat. (2021). The State argues that the order is in error because “illegally entering” into the United States is a continuous act.”
Frank Leija Moreno v. State of Florida (Fla. 1st DCA 2024). “§§ 787.07(1); 775.082(3)(e), Fla. Stat. (2020).”
— 787.07(3)(g) — 1 case
Juan Cresencio Matos v. State of Florida (Fla. 4th DCA 2023). “Conclusion Section 787.07(3)(g), Florida Statutes (2018), penalizes the human trafficking of a child for the purposes of commercial sexual activity.”
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