Florida Senate - 2018                                     SB 196
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00062-18                                            2018196__
    1                        A bill to be entitled                      
    2         An act relating to gun safety; creating s. 790.30,
    3         F.S.; defining terms; prohibiting the sale or transfer
    4         of an assault weapon or large-capacity magazine;
    5         providing exceptions; providing criminal penalties;
    6         prohibiting possession of an assault weapon or large
    7         capacity magazine; providing exceptions; providing
    8         criminal penalties; requiring certificates of
    9         possession for assault weapons or large-capacity
   10         magazines lawfully possessed before a specified date;
   11         requiring the Department of Law Enforcement to adopt
   12         rules by a certain date; limiting transfers of assault
   13         weapons or large-capacity magazines represented by
   14         such certificates; providing conditions for continued
   15         possession of such weapons or large-capacity
   16         magazines; requiring certificates of transfer for
   17         transfers of assault weapons or large-capacity
   18         magazines; providing for relinquishment of assault
   19         weapons or large-capacity magazines; providing
   20         requirements for transportation of assault weapons or
   21         large-capacity magazines; providing criminal
   22         penalties; specifying circumstances in which the
   23         manufacture or transportation of assault weapons or
   24         large-capacity magazines is not prohibited; exempting
   25         permanently inoperable firearms from provisions;
   26         amending s. 775.087, F.S.; providing enhanced criminal
   27         penalties for certain offenses when committed with an
   28         assault weapon or large-capacity magazine; reenacting
   29         ss. 27.366, 921.0024(1)(b), and 947.146(3)(b), F.S.,
   30         relating to legislative intent and policy in certain
   31         cases, the Criminal Punishment Code worksheet key, and
   32         the Control Release Authority, respectively, to
   33         incorporate the amendment made to s. 775.087, F.S., in
   34         references thereto; providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Section 790.30, Florida Statutes, is created to
   39  read:
   40         790.30Assault weapons.—
   41         (1)DEFINITIONS.—As used in this section, the term:
   42         (a)“Assault weapon” means:
   43         1. A selective-fire firearm capable of fully automatic,
   44  semiautomatic, or burst fire at the option of the user or any of
   45  the following specified semiautomatic firearms:
   46         a.Algimec AGM1.
   47         b.All AK series, including, but not limited to, the
   48  following: AK, AK-47, AK-74, AKM, AKS, ARM, MAK90, MISR, NHM90,
   49  NHM91, Rock River Arms LAR-47, SA 85, SA 93, Vector Arms AK-47,
   50  VEPR, WASR-10, and WUM.
   51         c.All AR series, including, but not limited to, the
   52  following: AR-10, AR-15, Armalite AR-180, Armalite M-15, AR-70,
   53  Bushmaster XM15, Colt AR-15, DoubleStar AR rifles, DPMS tactical
   54  rifles, Olympic Arms, Rock River Arms LAR-15, and Smith & Wesson
   55  M&P15 rifles.
   56         d.Barrett 82A1 and REC7.
   57         e.Beretta AR-70 and Beretta Storm.
   58         f.Bushmaster automatic rifle.
   59         g.Calico Liberty series rifles.
   60         h.Chartered Industries of Singapore SR-88.
   61         i.Colt Sporter.
   62         j.Daewoo K-1, K-2, Max-1, and Max-2.
   63         k.FAMAS MAS .223.
   64         l.Federal XC-900 and SC-450.
   65         m.FN FAL (or FN LAR) and FN FNC.
   66         n.FN FS2000, FN PS90, and FN SCAR.
   67         o.Galil and UZI Sporter, Galil sniper rifle (Galatz),
   68  Galil Sporter, UZI, or Vector Arms UZI.
   69         p.Goncz High-Tech carbine.
   70         q.Hi-Point carbine.
   71         r.HK-91, HK-93, HK-94, HK-PSG-1, and SP-89.
   72         s.Kel-Tec RFB, Sub-2000, and SU series.
   73         t.M1 carbine.
   74         u. M2HB and TNW M230.
   75         v. Ruger Mini-14 with folding stock.
   76         w.SAR-8, SAR-4800, and SR9.
   77         x.SIG 57 AMT and 500 Series.
   78         y.Sig Sauer MCX rifle.
   79         z.SKS capable of accepting a detachable magazine.
   80         aa.SLG 95.
   81         bb.SLR 95 and 96.
   82         cc.Spectre automatic carbine.
   83         dd.Springfield Armory BM59, G-3, and SAR-48.
   84         ee.Sterling MK-6 and MK-7.
   85         ff.Steyr AUG.
   86         gg.Thompson series, including Thompson T5.
   87         hh.Weaver Arms Nighthawk.
   88         2.All of the following handguns, copies, duplicates, or
   89  altered facsimiles with the capability of any such weapon
   90  thereof:
   91         a.AK-47 pistol and Mini AK-47 pistol.
   92         b.AR-15 pistol.
   93         c.Australian Automatic Arms SAP pistol.
   94         d.Bushmaster automatic pistol.
   95         e.Calico Liberty series pistols.
   96         f.Chiappa Firearms Mfour-22.
   97         g.Colefire Magnum.
   98         h.DSA SA58 PKP FAL.
   99         i.Encom MK-IV, MP-9, and MP-45.
  100         j.Feather AT-9 and Mini-AT.
  101         k.German Sport 522 PK.
  102         l.Goncz High-Tech Long pistol.
  103         m.Holmes MP-83.
  104         n.Intratec AB-10, TEC-9, TEC-22 Scorpion, and TEC-DC9.
  105         o.I.O. Inc. PPS-43C.
  106         p.Iver Johnson Enforcer.
  107         q.Kel-Tec PLR-16 pistol.
  108         r.MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
  109  Velocity Arms VMA series.
  110         s.Scarab Skorpion.
  111         t.Sig Sauer P556 pistol.
  112         u.Spectre automatic pistol.
  113         v.Thompson TA5 series pistols.
  114         w.UZI pistol and Micro-UZI pistol.
  115         x.Wilkinson “Linda” pistol.
  116         3.All of the following shotguns, copies, duplicates, or
  117  altered facsimiles with the capability of any such weapon
  118  thereof:
  119         a.Armscor 30 BG.
  120         b.Franchi LAW-12 and SPAS-12.
  121         c.Kel-Tec KSG.
  122         d.Remington TAC-2 and TACB3 FS.
  123         e.Saiga.
  124         f.Streetsweeper.
  125         g.Striker 12.
  126         h.USAS-12.
  127         4.A part or combination of parts that convert a firearm
  128  into an assault weapon, or any combination of parts from which
  129  an assault weapon may be assembled if those parts are in the
  130  possession or under the control of the same person.
  131         5.A semiautomatic firearm not listed in this paragraph
  132  which meets the criteria of one of the following sub
  133  subparagraphs:
  134         a.A semiautomatic rifle that has an ability to accept a
  135  detachable magazine and that has one or more of the following:
  136         (I)A folding or telescoping stock.
  137         (II)A pistol grip that protrudes conspicuously beneath the
  138  action of the weapon or any feature functioning as a protruding
  139  grip that can be held by the nontrigger hand or a thumbhole
  140  stock.
  141         (III)A bayonet mount.
  142         (IV)A flash suppressor or threaded barrel designed to
  143  accommodate a flash suppressor.
  144         (V)A grenade launcher.
  145         (VI)A shroud that is attached to the barrel, or that
  146  partially or completely encircles the barrel and allows the
  147  bearer to hold the firearm with the nontrigger hand without
  148  being burned, but excluding a slide that encloses the barrel.
  149         b.A semiautomatic pistol that has an ability to accept a
  150  detachable magazine and that has one or more of the following:
  151         (I)The capacity to accept an ammunition magazine that
  152  attaches to the pistol at any location outside the pistol grip.
  153         (II)A threaded barrel capable of accepting a barrel
  154  extender, flash suppressor, forward handgrip, or silencer.
  155         (III)A slide that encloses the barrel and that allows the
  156  shooter to hold the firearm with the nontrigger hand without
  157  being burned.
  158         (IV)A manufactured weight of 50 ounces or more when the
  159  pistol is unloaded.
  160         (V)A semiautomatic version of an automatic firearm.
  161         (VI)Any feature capable of functioning as a protruding
  162  grip that can be held by the nontrigger hand.
  163         (VII)A folding, telescoping, or thumbhole stock.
  164         c.A semiautomatic shotgun that has one or more of the
  165  following:
  166         (I)A folding or telescoping stock.
  167         (II)A pistol grip that protrudes conspicuously beneath the
  168  action of the weapon.
  169         (III)A thumbhole stock.
  170         (IV)A fixed-magazine capacity in excess of 5 rounds.
  171         (V)An ability to accept a detachable magazine.
  172         d.A semiautomatic pistol or a semiautomatic, centerfire,
  173  or rimfire rifle with a fixed magazine that has the capacity to
  174  accept more than 10 rounds of ammunition.
  175         e.A part or combination of parts designed or intended to
  176  convert a firearm into an assault weapon, or any combination of
  177  parts from which an assault weapon may be assembled if those
  178  parts are in the possession or under the control of the same
  179  person.
  180         (b)“Detachable magazine” means an ammunition feeding
  181  device that can be removed from a firearm without disassembly of
  182  the firearm action.
  183         (c)“Fixed magazine” means an ammunition feeding device
  184  contained in, or permanently attached to, a firearm in such a
  185  manner that the device cannot be removed without disassembly of
  186  the firearm action.
  187         (d)“Large-capacity magazine” means any ammunition feeding
  188  device with the capacity to accept more than 7 rounds, or any
  189  conversion kit, part, or combination of parts from which such a
  190  device can be assembled if those parts are in the possession or
  191  under the control of the same person, but does not include any
  192  of the following:
  193         1.A feeding device that has been permanently altered so
  194  that it cannot accommodate more than 7 rounds;
  195         2.A .22 caliber tube ammunition feeding device; or
  196         3.A tubular magazine that is contained in a lever-action
  197  firearm.
  198         (e)“Licensed gun dealer” means a person who has a federal
  199  firearms license.
  200         (2)SALE OR TRANSFER.—
  201         (a)A person may not import into the state or, within this
  202  state, distribute, transport, sell, keep for sale, offer or
  203  expose for sale, or give an assault weapon or large-capacity
  204  magazine. Except as provided in paragraph (b), any person who
  205  violates this paragraph commits a felony of the third degree,
  206  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  207  with a mandatory minimum term of imprisonment of 2 years.
  208         (b)A person may not transfer, sell, or give an assault
  209  weapon or large-capacity magazine to a person under 18 years of
  210  age. Any person who violates this paragraph commits a felony of
  211  the second degree, punishable as provided in s. 775.082, s.
  212  775.083, or s. 775.084, with a mandatory minimum term of
  213  imprisonment of 6 years.
  214         (c)Paragraph (a) does not apply to:
  215         1.The sale of assault weapons or large-capacity magazines
  216  to the Department of Law Enforcement, to a law enforcement
  217  agency, as defined in s. 934.02, to the Department of
  218  Corrections, or to the military, air, or naval forces of this
  219  state or the United States for use in the discharge of their
  220  official duties.
  221         2.A person who is the executor or administrator of an
  222  estate that includes an assault weapon or large-capacity
  223  magazine for which a certificate of possession has been issued
  224  under subsection (4) which is disposed of as authorized by the
  225  probate court, if the disposition is otherwise authorized under
  226  this section.
  227         3.The transfer by bequest or intestate succession of an
  228  assault weapon or large-capacity magazine for which a
  229  certificate of possession has been issued under subsection (4).
  230         (3)POSSESSION.—
  231         (a)Except as provided in subsection (5) or otherwise
  232  provided in this section or authorized by any other law, a
  233  person may not, within this state, possess an assault weapon or
  234  large-capacity magazine. Any person who violates this paragraph
  235  commits a felony of the third degree, punishable as provided in
  236  s. 775.082, s. 775.083, or s. 775.084, with a mandatory minimum
  237  term of imprisonment of 1 year.
  238         (b)Paragraph (a) does not apply to the possession of an
  239  assault weapon or large-capacity magazine by a member or
  240  employee of the Department of Law Enforcement, a law enforcement
  241  agency, as defined in s. 934.02, the Department of Corrections,
  242  or the military, air, or naval forces of this state or of the
  243  United States for use in the discharge of his or her official
  244  duties; nor does this section prohibit the possession or use of
  245  an assault weapon or large-capacity magazine by a sworn member
  246  of one of these agencies when on duty and the use is within the
  247  scope of his or her duties.
  248         (c)Paragraph (a) does not apply to the possession of an
  249  assault weapon or large-capacity magazine by any person before
  250  July 1, 2019, if all of the following are applicable:
  251         1.The person is eligible to apply for a certificate of
  252  possession for the assault weapon or large-capacity magazine by
  253  July 1, 2019;
  254         2.The person lawfully possessed the assault weapon or
  255  large-capacity magazine before October 1, 2018; and
  256         3.The person is otherwise in compliance with this section
  257  and the applicable requirements of this chapter for possession
  258  of a firearm.
  259         (d)Paragraph (a) does not apply to a person who is the
  260  executor or administrator of an estate that includes an assault
  261  weapon or large-capacity magazine for which a certificate of
  262  possession has been issued under subsection (4), if the assault
  263  weapon or large-capacity magazine is possessed at a place set
  264  forth in subparagraph (4)(c)1. or as authorized by the probate
  265  court.
  266         (4)CERTIFICATE OF POSSESSION.—
  267         (a)Any person who lawfully possesses an assault weapon or
  268  large-capacity magazine before October 1, 2018, shall apply by
  269  October 1, 2019, or, if such person is a member of the military
  270  or naval forces of this state or of the United States and cannot
  271  apply by October 1, 2019, because he or she is or was on
  272  official duty outside this state, shall apply within 90 days
  273  after returning to the state, to the Department of Law
  274  Enforcement for a certificate of possession with respect to such
  275  assault weapon or large-capacity magazine. The certificate must
  276  contain a description of the assault weapon or large-capacity
  277  magazine which identifies the assault weapon or large-capacity
  278  magazine uniquely, including all identification marks; the full
  279  name, address, date of birth, and thumbprint of the owner; and
  280  any other information as the department may deem appropriate.
  281  The department shall adopt rules no later than January 1, 2019,
  282  to establish procedures with respect to the application for, and
  283  issuance of, certificates of possession under this section.
  284         (b)1. An assault weapon or large-capacity magazine lawfully
  285  possessed in accordance with this section may not be sold or
  286  transferred on or after January 1, 2019, to any person within
  287  this state other than to a licensed gun dealer, as provided in
  288  subsection (5); or by a bequest or intestate succession.
  289         2. A person who obtains title to an assault weapon or
  290  large-capacity magazine for which a certificate of possession
  291  has been issued under this subsection shall, within 90 days
  292  after obtaining title, apply to the Department of Law
  293  Enforcement for a certificate of possession, render the assault
  294  weapon or large-capacity magazine permanently inoperable, sell
  295  the assault weapon or large-capacity magazine to a licensed gun
  296  dealer, or remove the assault weapon or large-capacity magazine
  297  from the state.
  298         3. A person who moves into the state and who is in lawful
  299  possession of an assault weapon or large-capacity magazine,
  300  shall, within 90 days, either render the assault weapon or
  301  large-capacity magazine permanently inoperable, sell the assault
  302  weapon or large-capacity magazine to a licensed gun dealer, or
  303  remove the assault weapon or large-capacity magazine from this
  304  state, unless the person is a member of the military, air, or
  305  naval forces of this state or of the United States, is in lawful
  306  possession of an assault weapon or large-capacity magazine, and
  307  has been transferred into the state after October 1, 2019.
  308         (c)A person who has been issued a certificate of
  309  possession for an assault weapon or large-capacity magazine
  310  under this subsection may possess it only if the person is:
  311         1.At the residence, the place of business, or any other
  312  property owned by that person, or on a property owned by another
  313  person with the owner’s express permission;
  314         2.On the premises of a target range of a public or private
  315  club or organization organized for the purpose of practicing
  316  shooting at targets;
  317         3.On a target range that holds a regulatory or business
  318  license for the purpose of practicing shooting at that target
  319  range;
  320         4.On the premises of a licensed shooting club;
  321         5.Attending an exhibition, display, or educational project
  322  on firearms which is sponsored by, conducted under the auspices
  323  of, or approved by a law enforcement agency or a nationally or
  324  state-recognized entity that fosters proficiency in, or promotes
  325  education about, firearms; or
  326         6.Transporting the assault weapon or large-capacity
  327  magazine between any of the places mentioned in this paragraph,
  328  or from or to any licensed gun dealer for servicing or repair
  329  pursuant to paragraph (7)(b), provided the assault weapon or
  330  large-capacity magazine is transported as required by subsection
  331  (7).
  332         (5)CERTIFICATE OF TRANSFER.—If an owner of an assault
  333  weapon or large-capacity magazine sells or transfers the weapon
  334  or magazine to a licensed gun dealer, he or she shall, at the
  335  time of delivery of the weapon, execute a certificate of
  336  transfer and cause the certificate to be mailed or delivered to
  337  the Department of Law Enforcement. The certificate must contain:
  338         (a)The date of sale or transfer.
  339         (b)The name and address of the seller or transferor and
  340  the licensed gun dealer and their social security numbers or
  341  driver license numbers.
  342         (c)The licensed gun dealer’s federal firearms license
  343  number.
  344         (d)A description of the weapon, including the caliber of
  345  the weapon and its make, model, and serial number.
  346         (e)Any other information the Department of Law Enforcement
  347  prescribes.
  348  
  349  The licensed gun dealer shall present his or her driver license
  350  or social security card and federal firearms license to the
  351  seller or transferor for inspection at the time of purchase or
  352  transfer. The Department of Law Enforcement shall maintain a
  353  file of all certificates of transfer at its headquarters.
  354         (6)RELINQUISHMENT.—An individual may arrange in advance to
  355  relinquish an assault weapon or large-capacity magazine to a law
  356  enforcement agency, as defined in s. 934.02, or the Department
  357  of Law Enforcement. The assault weapon or large-capacity
  358  magazine shall be transported in accordance with subsection (7).
  359         (7)TRANSPORTATION.—
  360         (a)A licensed gun dealer who lawfully purchases for resale
  361  an assault weapon or large-capacity magazine pursuant to
  362  subsection (2) may transport the assault weapon or large
  363  capacity magazine between licensed gun dealers or out of this
  364  state, but no person shall carry a loaded assault weapon
  365  concealed from public view, or knowingly have in any motor
  366  vehicle owned, operated, or occupied by him or her a loaded or
  367  unloaded assault weapon, unless such weapon is kept in the trunk
  368  of such vehicle or in a case or other container that is
  369  inaccessible to the operator of or any passenger in such
  370  vehicle. Any person who violates this paragraph commits a
  371  misdemeanor of the second degree, punishable as provided in s.
  372  775.082 or s. 775.083. Any licensed gun dealer may display the
  373  assault weapon or large-capacity magazine at any gun show or
  374  sell it to a resident outside this state.
  375         (b)Any licensed gun dealer may transfer possession of any
  376  assault weapon or large-capacity magazine received pursuant to
  377  paragraph (a) to a gunsmith for purposes of accomplishing
  378  service or repair of the same. Transfers are permissible only to
  379  a gunsmith who is:
  380         1.In the licensed gun dealer’s employ; or
  381         2.Contracted by the licensed gun dealer for gunsmithing
  382  services, provided the gunsmith holds a dealer’s license issued
  383  pursuant to chapter 44 of Title 18 the United States Code, 18
  384  U.S.C. ss. 921 et seq., and the regulations issued pursuant
  385  thereto.
  386         (8)CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
  387  NOT PROHIBITED.—This section does not prohibit any person, firm,
  388  or corporation engaged in the business of manufacturing assault
  389  weapons or large-capacity magazines in this state from
  390  manufacturing or transporting assault weapons or large-capacity
  391  magazines in this state for sale within this state in accordance
  392  with subparagraph (2)(c)1. or for sale outside this state.
  393         (9)EXCEPTION.—This section does not apply to any firearm
  394  modified to render it permanently inoperable.
  395         Section 2. Paragraph (a) of subsection (3) of section
  396  775.087, Florida Statutes, is amended to read:
  397         775.087 Possession or use of weapon; aggravated battery;
  398  felony reclassification; minimum sentence.—
  399         (3)(a)1. Any person who is convicted of a felony or an
  400  attempt to commit a felony, regardless of whether the use of a
  401  firearm is an element of the felony, and the conviction was for:
  402         a. Murder;
  403         b. Sexual battery;
  404         c. Robbery;
  405         d. Burglary;
  406         e. Arson;
  407         f. Aggravated battery;
  408         g. Kidnapping;
  409         h. Escape;
  410         i. Sale, manufacture, delivery, or intent to sell,
  411  manufacture, or deliver any controlled substance;
  412         j. Aircraft piracy;
  413         k. Aggravated child abuse;
  414         l. Aggravated abuse of an elderly person or disabled adult;
  415         m. Unlawful throwing, placing, or discharging of a
  416  destructive device or bomb;
  417         n. Carjacking;
  418         o. Home-invasion robbery;
  419         p. Aggravated stalking; or
  420         q. Trafficking in cannabis, trafficking in cocaine, capital
  421  importation of cocaine, trafficking in illegal drugs, capital
  422  importation of illegal drugs, trafficking in phencyclidine,
  423  capital importation of phencyclidine, trafficking in
  424  methaqualone, capital importation of methaqualone, trafficking
  425  in amphetamine, capital importation of amphetamine, trafficking
  426  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  427  (GHB), trafficking in 1,4-Butanediol, trafficking in
  428  Phenethylamines, or other violation of s. 893.135(1);
  429  
  430  and during the commission of the offense, such person possessed
  431  a semiautomatic firearm and its high-capacity detachable box
  432  magazine, an assault weapon or large-capacity magazine as
  433  defined in s. 790.30, or a machine gun as defined in s. 790.001,
  434  shall be sentenced to a minimum term of imprisonment of 15
  435  years.
  436         2. Any person who is convicted of a felony or an attempt to
  437  commit a felony listed in subparagraph (a)1., regardless of
  438  whether the use of a weapon is an element of the felony, and
  439  during the course of the commission of the felony such person
  440  discharged a semiautomatic firearm and its high-capacity box
  441  magazine, an assault weapon or large-capacity magazine as
  442  defined in s. 790.30, or a “machine gun” as defined in s.
  443  790.001 shall be sentenced to a minimum term of imprisonment of
  444  20 years.
  445         3. Any person who is convicted of a felony or an attempt to
  446  commit a felony listed in subparagraph (a)1., regardless of
  447  whether the use of a weapon is an element of the felony, and
  448  during the course of the commission of the felony such person
  449  discharged a semiautomatic firearm and its high-capacity box
  450  magazine, an assault weapon or large-capacity magazine as
  451  defined in s. 790.30, or a “machine gun” as defined in s.
  452  790.001 and, as the result of the discharge, death or great
  453  bodily harm was inflicted upon any person, the convicted person
  454  shall be sentenced to a minimum term of imprisonment of not less
  455  than 25 years and not more than a term of imprisonment of life
  456  in prison.
  457         Section 3. For the purpose of incorporating the amendment
  458  made by this act to section 775.087, Florida Statutes, in a
  459  reference thereto, section 27.366, Florida Statutes, is
  460  reenacted to read:
  461         27.366 Legislative intent and policy in cases meeting
  462  criteria of s. 775.087(2) and (3).—It is the intent of the
  463  Legislature that convicted criminal offenders who meet the
  464  criteria in s. 775.087(2) and (3) be sentenced to the minimum
  465  mandatory prison terms provided therein. It is the intent of the
  466  Legislature to establish zero tolerance of criminals who use,
  467  threaten to use, or avail themselves of firearms in order to
  468  commit crimes and thereby demonstrate their lack of value for
  469  human life. It is also the intent of the Legislature that
  470  prosecutors should appropriately exercise their discretion in
  471  those cases in which the offenders’ possession of the firearm is
  472  incidental to the commission of a crime and not used in
  473  furtherance of the crime, used in order to commit the crime, or
  474  used in preparation to commit the crime. For every case in which
  475  the offender meets the criteria in this act and does not receive
  476  the mandatory minimum prison sentence, the state attorney must
  477  explain the sentencing deviation in writing and place such
  478  explanation in the case file maintained by the state attorney.
  479         Section 4. For the purpose of incorporating the amendment
  480  made by this act to section 775.087, Florida Statutes, in a
  481  reference thereto, paragraph (b) of subsection (1) of section
  482  921.0024, Florida Statutes, is reenacted to read:
  483         921.0024 Criminal Punishment Code; worksheet computations;
  484  scoresheets.—
  485         (1)
  486         (b) WORKSHEET KEY:
  487  
  488  Legal status points are assessed when any form of legal status
  489  existed at the time the offender committed an offense before the
  490  court for sentencing. Four (4) sentence points are assessed for
  491  an offender’s legal status.
  492  
  493  Community sanction violation points are assessed when a
  494  community sanction violation is before the court for sentencing.
  495  Six (6) sentence points are assessed for each community sanction
  496  violation and each successive community sanction violation,
  497  unless any of the following apply:
  498         1. If the community sanction violation includes a new
  499  felony conviction before the sentencing court, twelve (12)
  500  community sanction violation points are assessed for the
  501  violation, and for each successive community sanction violation
  502  involving a new felony conviction.
  503         2. If the community sanction violation is committed by a
  504  violent felony offender of special concern as defined in s.
  505  948.06:
  506         a. Twelve (12) community sanction violation points are
  507  assessed for the violation and for each successive violation of
  508  felony probation or community control where:
  509         I. The violation does not include a new felony conviction;
  510  and
  511         II. The community sanction violation is not based solely on
  512  the probationer or offender’s failure to pay costs or fines or
  513  make restitution payments.
  514         b. Twenty-four (24) community sanction violation points are
  515  assessed for the violation and for each successive violation of
  516  felony probation or community control where the violation
  517  includes a new felony conviction.
  518  
  519  Multiple counts of community sanction violations before the
  520  sentencing court shall not be a basis for multiplying the
  521  assessment of community sanction violation points.
  522  
  523  Prior serious felony points: If the offender has a primary
  524  offense or any additional offense ranked in level 8, level 9, or
  525  level 10, and one or more prior serious felonies, a single
  526  assessment of thirty (30) points shall be added. For purposes of
  527  this section, a prior serious felony is an offense in the
  528  offender’s prior record that is ranked in level 8, level 9, or
  529  level 10 under s. 921.0022 or s. 921.0023 and for which the
  530  offender is serving a sentence of confinement, supervision, or
  531  other sanction or for which the offender’s date of release from
  532  confinement, supervision, or other sanction, whichever is later,
  533  is within 3 years before the date the primary offense or any
  534  additional offense was committed.
  535  
  536  Prior capital felony points: If the offender has one or more
  537  prior capital felonies in the offender’s criminal record, points
  538  shall be added to the subtotal sentence points of the offender
  539  equal to twice the number of points the offender receives for
  540  the primary offense and any additional offense. A prior capital
  541  felony in the offender’s criminal record is a previous capital
  542  felony offense for which the offender has entered a plea of nolo
  543  contendere or guilty or has been found guilty; or a felony in
  544  another jurisdiction which is a capital felony in that
  545  jurisdiction, or would be a capital felony if the offense were
  546  committed in this state.
  547  
  548  Possession of a firearm, semiautomatic firearm, or machine gun:
  549  If the offender is convicted of committing or attempting to
  550  commit any felony other than those enumerated in s. 775.087(2)
  551  while having in his or her possession: a firearm as defined in
  552  s. 790.001(6), an additional eighteen (18) sentence points are
  553  assessed; or if the offender is convicted of committing or
  554  attempting to commit any felony other than those enumerated in
  555  s. 775.087(3) while having in his or her possession a
  556  semiautomatic firearm as defined in s. 775.087(3) or a machine
  557  gun as defined in s. 790.001(9), an additional twenty-five (25)
  558  sentence points are assessed.
  559  
  560  Sentencing multipliers:
  561  
  562  Drug trafficking: If the primary offense is drug trafficking
  563  under s. 893.135, the subtotal sentence points are multiplied,
  564  at the discretion of the court, for a level 7 or level 8
  565  offense, by 1.5. The state attorney may move the sentencing
  566  court to reduce or suspend the sentence of a person convicted of
  567  a level 7 or level 8 offense, if the offender provides
  568  substantial assistance as described in s. 893.135(4).
  569  
  570  Law enforcement protection: If the primary offense is a
  571  violation of the Law Enforcement Protection Act under s.
  572  775.0823(2), (3), or (4), the subtotal sentence points are
  573  multiplied by 2.5. If the primary offense is a violation of s.
  574  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  575  are multiplied by 2.0. If the primary offense is a violation of
  576  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  577  Protection Act under s. 775.0823(10) or (11), the subtotal
  578  sentence points are multiplied by 1.5.
  579  
  580  Grand theft of a motor vehicle: If the primary offense is grand
  581  theft of the third degree involving a motor vehicle and in the
  582  offender’s prior record, there are three or more grand thefts of
  583  the third degree involving a motor vehicle, the subtotal
  584  sentence points are multiplied by 1.5.
  585  
  586  Offense related to a criminal gang: If the offender is convicted
  587  of the primary offense and committed that offense for the
  588  purpose of benefiting, promoting, or furthering the interests of
  589  a criminal gang as defined in s. 874.03, the subtotal sentence
  590  points are multiplied by 1.5. If applying the multiplier results
  591  in the lowest permissible sentence exceeding the statutory
  592  maximum sentence for the primary offense under chapter 775, the
  593  court may not apply the multiplier and must sentence the
  594  defendant to the statutory maximum sentence.
  595  
  596  Domestic violence in the presence of a child: If the offender is
  597  convicted of the primary offense and the primary offense is a
  598  crime of domestic violence, as defined in s. 741.28, which was
  599  committed in the presence of a child under 16 years of age who
  600  is a family or household member as defined in s. 741.28(3) with
  601  the victim or perpetrator, the subtotal sentence points are
  602  multiplied by 1.5.
  603  
  604  Adult-on-minor sex offense: If the offender was 18 years of age
  605  or older and the victim was younger than 18 years of age at the
  606  time the offender committed the primary offense, and if the
  607  primary offense was an offense committed on or after October 1,
  608  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  609  violation involved a victim who was a minor and, in the course
  610  of committing that violation, the defendant committed a sexual
  611  battery under chapter 794 or a lewd act under s. 800.04 or s.
  612  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  613  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  614  800.04; or s. 847.0135(5), the subtotal sentence points are
  615  multiplied by 2.0. If applying the multiplier results in the
  616  lowest permissible sentence exceeding the statutory maximum
  617  sentence for the primary offense under chapter 775, the court
  618  may not apply the multiplier and must sentence the defendant to
  619  the statutory maximum sentence.
  620         Section 5. For the purpose of incorporating the amendment
  621  made by this act to section 775.087, Florida Statutes, in a
  622  reference thereto, paragraph (b) of subsection (3) of section
  623  947.146, Florida Statutes, is reenacted to read:
  624         947.146 Control Release Authority.—
  625         (3) Within 120 days prior to the date the state
  626  correctional system is projected pursuant to s. 216.136 to
  627  exceed 99 percent of total capacity, the authority shall
  628  determine eligibility for and establish a control release date
  629  for an appropriate number of parole ineligible inmates committed
  630  to the department and incarcerated within the state who have
  631  been determined by the authority to be eligible for
  632  discretionary early release pursuant to this section. In
  633  establishing control release dates, it is the intent of the
  634  Legislature that the authority prioritize consideration of
  635  eligible inmates closest to their tentative release date. The
  636  authority shall rely upon commitment data on the offender
  637  information system maintained by the department to initially
  638  identify inmates who are to be reviewed for control release
  639  consideration. The authority may use a method of objective risk
  640  assessment in determining if an eligible inmate should be
  641  released. Such assessment shall be a part of the department’s
  642  management information system. However, the authority shall have
  643  sole responsibility for determining control release eligibility,
  644  establishing a control release date, and effectuating the
  645  release of a sufficient number of inmates to maintain the inmate
  646  population between 99 percent and 100 percent of total capacity.
  647  Inmates who are ineligible for control release are inmates who
  648  are parole eligible or inmates who:
  649         (b) Are serving the mandatory minimum portion of a sentence
  650  enhanced under s. 775.087(2) or (3), or s. 784.07(3);
  651  
  652  In making control release eligibility determinations under this
  653  subsection, the authority may rely on any document leading to or
  654  generated during the course of the criminal proceedings,
  655  including, but not limited to, any presentence or postsentence
  656  investigation or any information contained in arrest reports
  657  relating to circumstances of the offense.
  658         Section 6. This act shall take effect October 1, 2018.