The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Military and Veterans Affairs, Space, and Domestic Security
BILL: SM 1020
INTRODUCER: Senator Ingoglia
SUBJECT: Designation of Drug Cartels as Foreign Terrorist Organizations
DATE: January 12, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Ingram Proctor MS Favorable
2. RC
I. Summary:
SM 1020 is a memorial to the United States Department of State urging the United States
Secretary of State to designate drug cartels as Foreign Terrorist Organizations so that the
appropriate means may be initiated to mitigate and, eventually, eliminate their operations.
The memorial directs the Secretary of State to dispatch copies to the President of the United
States, the President of the United States Senate, the Speaker of the United States House of
Representatives, the United States Secretary of State, and each member of the state delegation to
the United States Congress.
A memorial is an official legislative document addressed to the United States Congress, the
President of the United States, or some other governmental entity that expresses the will of the
Legislature on a matter within the jurisdiction of the recipient. A memorial requires passage by
both legislative houses but does not require the Governor’s approval nor is it subject to a veto.
II. Present Situation:
Measures Against Drug Cartels and Transnational Organizations
Executive Order 14059
On December 15, 2021, and in response to illicit drug trafficking into the United States, the
President of the United States signed Executive Order 14059, to combat drug cartels,
transnational criminal organizations (TCO), and their facilitators, which are the primary sources
of illicit drugs and precursor chemicals that fuel the current opioid epidemic, as well as drug-
related violence that harms American communities. Essentially Executive Order 14059 imposes
sanctions on foreign persons involved in the global illicit drug trade
1
and authorizes the Secretary
1
The White House, Briefing Room, Presidential Actions - Executive Order on Imposing Sanctions on Foreign Persons
Involved in the Global Illicit Drug Trade, (Dec. 15, 2021) available at https://www.whitehouse.gov/briefing-
REVISED: BILL: SM 1020 Page 2
of the Treasury, in consultation with the United States Secretary of State, the United States
Attorney General, and the Secretary of Homeland Security, to impose those sanctions.
2
In November 2023, the Office of Foreign Assets Control (OFAC) within the United States
Department of the Treasury, in accordance with Executive Order 14059, imposed sanctions on
13 members of a well-known drug cartel for having engaged in, or attempted to engage in,
activities or transactions that have materially contributed to, or pose a significant risk of
materially contributing to, the international proliferation of illicit drugs or their means of
production. One of those members, Morgan Huerta, who manages the cartel’s operations and
oversees the trafficking of multi-ton quantities of illicit drugs from Mexico into the United
States, was indicted in a United States District Court on various drug trafficking charges in April
2021 and is still a fugitive. OFAC also sanctioned four Mexico-based companies that were
owned or controlled, directed by, having acted or purported to act for or on behalf of, directly or
indirectly, those certain designated members of the drug cartel.
3
Designation of Foreign Terrorist Organizations
In consultation with the United States Secretary of the Treasury and the United States Attorney
General, the United States Secretary of State may designate an organization as a Foreign
Terrorist Organization in accordance with section 219 of the Immigration and Nationality Act,
4
as amended if the United States Secretary of State finds that:
The organization is a foreign organization;
The organization engages in terrorist activity
5
or retains the capability and intent to engage in
terrorist activity or terrorism
6
; and
The terrorist activity or terrorism of the organization threatens the security of the United
States nationals or the national security, which includes national defense, foreign relations, or
the economic interests
7
of the United States.
8
Drug Cartels
Illicit drugs
Drug cartels
9
engage in illicit activities that are penetrating the United States borders. These
cartels have been responsible for the export and distribution of fentanyl and other illicit drugs
room/presidential-actions/2021/12/15/executive-order-on-imposing-sanctions-on-foreign-persons-involved-in-the-global-
illicit-drug-trade/ (Jan. 11, 2024).
2
Id. at Section 1, Section 2.
3
Press Release, U.S. Dep’t of the Treasury, Treasury Sanctions Sinaloa Cartel Network Flush with Illicit Fentanyl on
Southwest Border (Nov. 7, 2023) available at https://home.treasury.gov/news/press-releases/jy1887 (last visited Jan. 10,
2024).
4
U.S. Dep’t of Homeland Security, U.S. Citizenship and Immigration Services, Immigration and Nationality Act, available
at https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act (last visited Jan. 5, 2024).
5
8 U.S.C. §1182(a)(3)(B).
6
22 U.S.C. §2656f(d)(2).
7
U.S. Dep’t of State, Bureau of Counterterrorism, Foreign Terrorist Organizations, available at
https://www.state.gov/foreign-terrorist-organizations/ (last visited Jan. 5, 2024).
8
8 U.S.C. §1189(a).
9
U.S. Dep’t of Justice, Archives, Drug Trafficking Organizations, defines “drug cartels” as large, highly sophisticated
organizations composed of multiple drug trafficking organizations and cells with specific assignments such as drug
transportation, security/enforcement, or money laundering. Drug cartel command-and-control structures are based outside the BILL: SM 1020 Page 3
which have caused extensive drug-related overdoses and deaths in the United States. According
to provisional data from the Centers for Disease Control and Prevention, over 100,000 drug
overdose deaths in the United States were reported each year in 2021 and 2022.
10
On January 26, 2023, the United States Drug Enforcement Administration (DEA) indicated the
nationwide seizure totals as of December 2022, were over 50.6 million fentanyl pills and more
than 10,500 pounds of fentanyl powder.
11
The DEA Laboratory estimates that these seizures
represent more than 379 million potentially deadly doses of fentanyl, which equates to enough
fentanyl to kill every American.
12
The seizure totals represent only a portion of the illicit drugs
being created or illegally imported in to the United States.
During the federal fiscal year 2023, the Department of Homeland Security seized over 43,000
pounds of fentanyl,
13
with the United States Customs and Border Protection (CBP) seizing
27,000 pounds of fentanyl.
14
One of the many tasks performed by CBP agents is to combat drug smuggling and drug
trafficking into the United States across the southern border and via ports of entry. In May 2023,
drug smugglers attempted to smuggle illicit drugs into the country when CBP agents in
California conducted a vehicular stop and, at the checkpoint, the agents discovered 112 pounds
of narcotics that tested positive for fentanyl with an estimated street value of about $1.5
million.
15
The San Diego Sector Chief Patrol Agent said that “[transnational] criminal
organizations do everything they can to distribute these harmful narcotics and earn their profits
with no regard for the destructive effects they have on our communities.”
16
In another seizure on
December 21, 2023, smugglers were intercepted in Texas where CBP officers seized 1,018
pounds of methamphetamine and 65 pounds of cocaine with a street value of $10.2 million.
17
A
drug smuggling seizure via the Ysleta port of entry occurred in December 2023, when CBP
United States; however, they produce, transport, and distribute illicit drugs domestically with the assistance of drug
trafficking organizations that are either a part of or in an alliance with the cartel. (February 2010) available at
https://www.justice.gov/archive/ndic/pubs38/38661/dtos.htm (last visited Jan. 10, 2024).
10
Centers for Disease Control and Prevention, NCHS: A Blog of the National Center for Health Statistics, Provisional Data
Shows U.S. Drug Overdose Deaths Top 100,000 in 2022 (May 18, 2023) available at
https://blogs.cdc.gov/nchs/2023/05/18/7365/ (last visited on Jan. 5, 2024).
11
Press Release, U.S. Drug Enforcement Administration, DEA Washington Division Announces the Seizure of Over 8 Million
of Deadly Doses of Fentanyl in 2022, available at https://www.dea.gov/press-releases/2023/01/26/dea-washington-division-
announces-seizure-over-8-million-deadly-doses (last visited on Jan. 10, 2024).
12
Id.
13
Press Release, Dep’t of Homeland Security, Fact Sheet: DHS is on the Front Lines Combating Illicit Opioids, Including
Fentanyl, Over 5,500 pounds of Fentanyl Seized Already in FY2024 (Dec. 22, 2023) available at
https://www.dhs.gov/news/2023/12/22/fact-sheet-dhs-front-lines-combating-illicit-opioids-including-fentanyl (last visited on
Jan. 11, 2024).
14
U.S. Customs and Border Protection, Drug Seizure Statistics, available at https://www.cbp.gov/newsroom/stats/drug-
seizure-statistics (last visited on Jan. 10, 2024).
15
Press Release, U.S. Customs and Border Protection, U.S. Border Patrol seizes fentanyl worth more than $1.5 million at
Pine Valley checkpoint (May 26, 2023) available at https://www.cbp.gov/newsroom/local-media-release/us-border-patrol-
seizes-fentanyl-worth-more-15-million-pine-valley (last visited Jan. 10, 2024).
16
Id.
17
Press Release, U.S. Customs and Border Protection, CBP officers seize 1,018 pounds of methamphetamine, 165 pounds of
cocaine valued at $10.2 million at World Trade Bridge (Dec. 26, 2023) available at https://www.cbp.gov/newsroom/local-
media-release/cbp-officers-seize-1018-pounds-methamphetamine-165-pounds-cocaine (last visited Jan. 5, 2024). BILL: SM 1020 Page 4
officers intercepted a combined 123 pounds of fentanyl and methamphetamine in failed
smuggling attempts over 3 consecutive days.
18
In a 2018 hearing before the United States Senate Subcommittee on Border Security and
Immigration, the DEA reported that certain TCOs, which included six named drug cartels,
remain the greatest criminal drug threat to the United States.
19
On April 14, 2023, the United
States Justice Department announced “significant enforcement actions, against the largest, most
violent, and most prolific fentanyl trafficking operation in the world” run by a drug cartel.
20
According to Deputy Attorney General Lisa O. Monaco, fueled in a large part by the indicted
cartel, “[the] fentanyl crisis in America…threatens our public health, our public safety, and our
national security.”
21
Abduction and Deadly Shooting
In March 2023, it was reported that four Americans traveled to Mexico and got caught up in a
drug cartel shootout after entering Matamoros from the southernmost tip of Texas near the Gulf
coast.
22,23
At the time, the Federal Bureau of Investigation reported that four Americans were
placed in a vehicle and taken from the scene by armed men.
24
Two of the Americans died and
two were held captive for days until being found by authorities.
25
A drug cartel reportedly
claimed responsibility for the abduction and murder of the Americans.
26
Human Smuggling and Human Trafficking
Although human smuggling and human trafficking can be related and the actions of which may
overlap, there are significant distinctions between the two. Human smuggling requires a payment
18
Press Release, U.S. Customs and Border Protection, CBP officers seize fentanyl and methamphetamine at the Ysleta port of
entry, (Dec. 23, 2023) available at https://www.cbp.gov/newsroom/local-media-release/cbp-officers-seize-fentanyl-and-
methamphetamine-ysleta-port-entry (last visited Jan. 11, 2024).
19
Dep’t of Justice, Narcos: Transnational Cartels And Border Security, Statement Of Paul E. Knierim, Deputy Chief Of
Operations Office Of Global Enforcement Drug Enforcement Administration, U.S. Department Of Justice, Before The
Subcommittee On Border Security And Immigration United States Senate, p. 6 (Dec. 12, 2018) available at
https://www.dea.gov/sites/default/files/2018-12/DEA%20Testimony%20-%20Mexican%20Cartels%20-%20SJC-12-12-
2018.pdf (last visited Jan. 10, 2024).
20
Press Release, Office of Public Affairs, U.S. Department of Justice, Justice Department Announces Charges Against
Sinaloa Cartel’s Global Operation (April 14, 2023) https://www.justice.gov/opa/pr/justice-department-announces-charges-
against-sinaloa-cartel-s-global-operation (last visited Jan.10, 2024).
21
Id.
22
Alfredo Peña et al., Ciudad Victoria, Mexico - Survivors of deadly Mexico kidnapping being treated at Texas hospital, AP,
Mar. 7, 2023, available at https://apnews.com/article/mexico-kidnapped-americans-killed-
eaed854f1b16cd61fb79edcb5b87cfe6 (last visited Jan. 11, 2024).
23
Alfredo Peña & Matthew Barakat, Ciudad Victoria, Mexico - What we know about the 4 Americans kidnapped in Mexico,
AP, Mar. 7, 2023, available at https://apnews.com/article/mexico-americans-kidnapped-gulf-drug-cartel-
2700637729e8f3a5065005231aa8d4d3 (last visited Jan. 11, 2024).
24
Id.
25
Alfredo Peña et al., supra note 22.
26
Ana Faguy, Mexican Drug Cartel Reportedly Claims Responsibility—And Apologizes—For Abducting And Murdering
Americans, Forbes, Mar. 9, 2023, available at https://www.forbes.com/sites/anafaguy/2023/03/09/mexican-drug-cartel-
reportedly-claims-responsibility-and-apologizes-for-abducting-and-murdering-americans/?sh=368554dd58a7 (last visited
Jan. 11, 2024). BILL: SM 1020 Page 5
to and cooperation with a smuggler or smuggling group, also known as a coyote,
27
and a
smuggled person volunteers to participate and to travel across borders.
28
In contrast, a trafficked
person is a victim who is coerced, defrauded, or forced into the position and who may not
necessarily travel across borders.
29
In December 2023, in collaboration with Homeland Security Investigations (HSI) and the DEA
and in coordination with the Government of Mexico, the OFAC sanctioned key members of a
TCO with the aim of obstructing access to illicit profits from drug trafficking and human
smuggling. According to an investigation by HSI, the TCO was found to be a human smuggling
and narcotics trafficking organization, the act of which endangers human life and threatens
national security.
30
According to the Secretary of Homeland Security, by “targeting cartels and
smugglers [like the sanctioned TCO], we are disrupting the illicit financial networks of criminals
who profit off of vulnerable migrants and devastate our communities with fentanyl and other
dangerous narcotics.”
31
According to the DEA, drug cartels will traffic women and children to smuggle drugs across the
border in order to expand profits.
32
Often times, human traffickers may use drug as bait for
individuals who have a substance abuse problem, or drugs can be used a means of control over
trafficking victims, such as forced submission, harder work, prolonged hours, or to simply keep
the victims on the drugs so that they do not attempt escape.
33
Criminals engaged in human trafficking range from individuals to organized criminal groups
according to the United Nations, Office on Drugs and Crime. The more organized groups are
typically perpetrating other serious crimes, such as trafficking drugs, arms, and illicit
commodities, and corruption and bribery of officials.
34
In 2004, Kofi A. Annan
Secretary-General of the United Nations, condemned criminal groups who are terrorists, drug
dealers, and human traffickers. He implored Member States to ratify not only the United Nations
Convention against Transnational Organized Crime,
35
but also its supplement, the Protocol to
27
NPR, National, Talk of the Nation, Inside the Hidden World of Immigrant Smuggling (Apr. 19, 2012) available at
https://www.npr.org/2012/04/19/150973748/inside-the-hidden-world-of-immigrant-smuggling (last visited Jan. 5, 2024).
28
Joe Whitley & Gus Coldebella, Council on National Security and Immigration, White Paper: The Distinction Between and
Response to Human Trafficking and Smuggling available at
https://www.cnsiusa.org/_files/ugd/5b8edc_65cf39a0100b4c6e8f230b6ab7e872eb.pdf (last Jan. 10, 2024).
29
Id.
30
Press Release, U.S. Dep’t of Homeland Security, Following DHS Investigation, Treasury Sanctions Human Smuggling and
Drug Trafficking Organization Operating on Southwest Border (Dec. 14, 2023) available at
https://www.dhs.gov/news/2023/12/14/following-dhs-investigation-treasury-sanctions-human-smuggling-and-drug-
trafficking (last visited Jan. 10, 2024).
31
Id.
32
Jarod Forget, Special Agent in Charge, Washington D.C. Division, U.S. Drug Enforcement Administration, Violent drug
organizations use human trafficking to expand profits (Jan. 28, 2021) https://www.dea.gov/stories/2021/2021-01/2021-01-
28/violent-drug-organizations-use-human-trafficking-expand-profits (last visited Jan 11, 2024).
33
Id.
34
United Nations, Office on Drugs and Crime, Human Trafficking FAQs, available at
https://www.unodc.org/unodc/en/human-trafficking/faqs.html#h10 (last visited Jan. 11, 2024).
35
United Nations, Office on Drugs and Crime, United Nations Convention Against Transnational Organized Crime and the
Protocols Thereto (November 2000) available at
https://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-e.pdf (last visited Jan. 11,
2024). BILL: SM 1020 Page 6
Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and
Children.
36
Congressional Legislation
A congressional bill introduced in 2023 designates certain drug cartels and TCOs as Foreign
Terrorist Organizations and recognizes the threats those organizations pose to the people of the
United States as terrorism, and for other purposes.
37
Memorial
A memorial is an official legislative document addressed to the United States Congress, the
President of the United States, or some other governmental entity that expresses the will of the
Legislature on a matter within the jurisdiction of the recipient. A memorial requires passage by
both legislative houses but does not require the Governor’s approval nor is it subject to a veto.
III. Effect of Proposed Changes:
SM 1020 is a memorial to the United States Department of State urging the United States
Secretary of State to designate drug cartels as Foreign Terrorist Organizations so that the
appropriate means may be initiated to mitigate and, eventually, eliminate their operations.
The memorial directs the Secretary of State to dispatch copies to the President of the United
States, the President of the United States Senate, the Speaker of the United States House of
Representatives, the United States Secretary of State, and each member of the state delegation to
the United States Congress.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
36
United Nations, United Nations Human Rights, Office of the High Commissioner, Protocol to Prevent, Suppress and
Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime, adopted 15 November 2000, by General Assembly resolution, 55/25, available at
https://www.ohchr.org/en/instruments-mechanisms/instruments/protocol-prevent-suppress-and-punish-trafficking-persons
(last visited Jan. 11, 2024).
37
S. 1048 – 118th Congress (2023-2024): Ending the Narcos Act of 2023, S. 1048, 118
th
. (2023) available at
https://www.congress.gov/bill/118th-congress/senate-bill/1048/text (last visited Jan. 11, 2023). BILL: SM 1020 Page 7
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
None.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.