Florida Senate - 2019                                     SB 500
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00007A-19                                           2019500__
    1                        A bill to be entitled                      
    2         An act relating to gun safety; creating s. 790.30,
    3         F.S.; defining terms; prohibiting the importing into
    4         the state of, or the distributing, transporting,
    5         transferring, selling, or giving of, an assault weapon
    6         or large-capacity magazine; providing criminal
    7         penalties; providing applicability; prohibiting the
    8         possession of an assault weapon or large-capacity
    9         magazine; providing exceptions; providing criminal
   10         penalties; providing applicability; requiring
   11         certificates of possession for assault weapons or
   12         large-capacity magazines lawfully possessed before a
   13         specified date; requiring the Department of Law
   14         Enforcement to adopt rules by a certain date; limiting
   15         transfers of assault weapons or large-capacity
   16         magazines represented by certificates of possession;
   17         providing conditions for continued possession of such
   18         weapons or large-capacity magazines; requiring
   19         certificates of transfer for transfers of assault
   20         weapons or large-capacity magazines; requiring the
   21         department to maintain a file of all certificates of
   22         transfer; providing for relinquishment of assault
   23         weapons or large-capacity magazines; specifying
   24         requirements for transportation of assault weapons or
   25         large-capacity magazines; providing criminal
   26         penalties; specifying circumstances in which the
   27         manufacture or transportation of assault weapons or
   28         large-capacity magazines is not prohibited; exempting
   29         permanently inoperable firearms from certain
   30         provisions; amending s. 775.087, F.S.; providing
   31         enhanced criminal penalties for certain offenses when
   32         committed with an assault weapon or large-capacity
   33         magazine; reenacting ss. 27.366, 921.0024(1)(b), and
   34         947.146(3), F.S., relating to legislative intent and
   35         policy in certain cases, the Criminal Punishment Code
   36         worksheet key, and the Control Release Authority,
   37         respectively, to incorporate the amendment made to s.
   38         775.087, F.S., in references thereto; providing an
   39         effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Section 790.30, Florida Statutes, is created to
   44  read:
   45         790.30Assault weapons.—
   46         (1)DEFINITIONS.—As used in this section, the term:
   47         (a)“Assault weapon” means:
   48         1. A selective-fire firearm capable of fully automatic,
   49  semiautomatic, or burst fire at the option of the user or any of
   50  the following specified semiautomatic firearms:
   51         a.Algimec AGM1.
   52         b.All AK series.
   53         c.All AR series.
   54         d.Sig Sauer MCX rifle.
   55         2.A part or combination of parts that convert a firearm
   56  into an assault weapon, or any combination of parts from which
   57  an assault weapon may be assembled if those parts are in the
   58  possession or under the control of the same person.
   59         3.A semiautomatic firearm not listed in this paragraph
   60  which meets the criteria of one of the following sub
   61  subparagraphs:
   62         a.A semiautomatic rifle that has an ability to accept a
   63  detachable magazine and that has one or more of the following:
   64         (I)A folding or telescoping stock.
   65         (II)A pistol grip that protrudes conspicuously beneath the
   66  action of the weapon or any feature functioning as a protruding
   67  grip that can be held by the nontrigger hand or functioning as a
   68  thumbhole stock.
   69         (III)A bayonet mount.
   70         (IV)A flash suppressor or threaded barrel designed to
   71  accommodate a flash suppressor.
   72         (V)A grenade launcher.
   73         (VI)A shroud that is attached to the barrel, or that
   74  partially or completely encircles the barrel and allows the user
   75  to hold the firearm with the nontrigger hand without being
   76  burned, but excluding a slide that encloses the barrel.
   77         b.A semiautomatic pistol that has an ability to accept a
   78  detachable magazine and that has one or more of the following:
   79         (I)The capacity to accept an ammunition magazine that
   80  attaches to the pistol at any location outside the pistol grip.
   81         (II)A threaded barrel capable of accepting a barrel
   82  extender, flash suppressor, forward handgrip, or silencer.
   83         (III)A slide that encloses the barrel and that allows the
   84  user to hold the firearm with the nontrigger hand without being
   85  burned.
   86         (IV)A manufactured weight of 50 ounces or more when the
   87  pistol is unloaded.
   88         (V)A semiautomatic version of an automatic firearm.
   89         (VI)Any feature capable of functioning as a protruding
   90  grip that can be held by the nontrigger hand.
   91         (VII)A folding, telescoping, or thumbhole stock.
   92         c.A semiautomatic shotgun that has one or more of the
   93  following:
   94         (I)A folding or telescoping stock.
   95         (II)A pistol grip that protrudes conspicuously beneath the
   96  action of the weapon.
   97         (III)A thumbhole stock.
   98         (IV)A fixed-magazine capacity in excess of 5 rounds.
   99         (V)An ability to accept a detachable magazine.
  100         d.A semiautomatic pistol or a semiautomatic, centerfire,
  101  or rimfire rifle with a fixed magazine that has the capacity to
  102  accept more than 10 rounds of ammunition.
  103         e.A part or combination of parts designed or intended to
  104  convert a firearm into an assault weapon, or any combination of
  105  parts from which an assault weapon may be assembled if those
  106  parts are in the possession or under the control of the same
  107  person.
  108         (b)“Detachable magazine” means an ammunition feeding
  109  device that can be removed from a firearm without disassembly of
  110  the firearm action.
  111         (c)“Fixed magazine” means an ammunition feeding device
  112  contained in, or permanently attached to, a firearm in such a
  113  manner that the device cannot be removed without disassembly of
  114  the firearm action.
  115         (d)“Large-capacity magazine” means any ammunition feeding
  116  device with the capacity to accept more than 7 rounds, or any
  117  conversion kit, part, or combination of parts from which such a
  118  device can be assembled if those parts are in the possession or
  119  under the control of the same person, but does not include any
  120  of the following:
  121         1.A feeding device that has been permanently altered so
  122  that it cannot accommodate more than 7 rounds;
  123         2.A .22 caliber tube ammunition feeding device; or
  124         3.A tubular magazine that is contained in a lever-action
  125  firearm.
  126         (e)“Licensed gun dealer” means a person who has a federal
  127  firearms license.
  128         (2)SALE OR TRANSFER.—
  129         (a)A person may not import into this state or, within this
  130  state, distribute, transport, transfer, sell, keep for sale,
  131  offer or expose for sale, or give an assault weapon or large
  132  capacity magazine. Except as provided in paragraph (b), any
  133  person who violates this paragraph commits a felony of the third
  134  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  135  775.084, with a mandatory minimum term of imprisonment of 2
  136  years.
  137         (b)A person may not transfer, sell, or give an assault
  138  weapon or large-capacity magazine to a person under 21 years of
  139  age. Any person who violates this paragraph commits a felony of
  140  the second degree, punishable as provided in s. 775.082, s.
  141  775.083, or s. 775.084, with a mandatory minimum term of
  142  imprisonment of 6 years.
  143         (c)Paragraph (a) does not apply to:
  144         1.The sale of an assault weapon or large-capacity magazine
  145  to the Department of Law Enforcement, to a law enforcement
  146  agency as defined in s. 934.02, to the Department of
  147  Corrections, or to the Armed Forces of the United States or of
  148  this state for use in the discharge of their official duties.
  149         2.A person who is the executor or administrator of an
  150  estate that includes an assault weapon or large-capacity
  151  magazine for which a certificate of possession has been issued
  152  under subsection (4) and which is disposed of as authorized by
  153  the probate court, if the disposition is otherwise authorized
  154  under this section.
  155         3.The transfer by bequest or intestate succession of an
  156  assault weapon or large-capacity magazine for which a
  157  certificate of possession has been issued under subsection (4).
  158         (3)POSSESSION.—
  159         (a)Except as provided in subsection (5) or otherwise
  160  provided in this section or authorized by any other law, a
  161  person may not, within this state, possess an assault weapon or
  162  large-capacity magazine. Any person who violates this paragraph
  163  commits a felony of the third degree, punishable as provided in
  164  s. 775.082, s. 775.083, or s. 775.084, with a mandatory minimum
  165  term of imprisonment of 1 year.
  166         (b)Paragraph (a) does not apply to the possession of an
  167  assault weapon or large-capacity magazine by a member or
  168  employee of the Department of Law Enforcement, a law enforcement
  169  agency as defined in s. 934.02, the Department of Corrections,
  170  or the Armed Forces of the United States or of this state for
  171  use in the discharge of his or her official duties, nor does
  172  this section prohibit the possession or use of an assault weapon
  173  or large-capacity magazine by a sworn member of one of these
  174  agencies when on duty and the use is within the scope of his or
  175  her duties.
  176         (c)Paragraph (a) does not apply to the possession of an
  177  assault weapon or large-capacity magazine by any person before
  178  July 1, 2020, if all of the following are applicable:
  179         1.The person is eligible to apply for a certificate of
  180  possession for the assault weapon or large-capacity magazine by
  181  July 1, 2020;
  182         2.The person lawfully possessed the assault weapon or
  183  large-capacity magazine before October 1, 2019; and
  184         3.The person is otherwise in compliance with this section
  185  and the applicable requirements of this chapter for possession
  186  of a firearm.
  187         (d)Paragraph (a) does not apply to a person who is the
  188  executor or administrator of an estate that includes an assault
  189  weapon or large-capacity magazine for which a certificate of
  190  possession has been issued under subsection (4), if the assault
  191  weapon or large-capacity magazine is possessed at a place set
  192  forth in subparagraph (4)(c)1. or as authorized by the probate
  193  court.
  194         (4)CERTIFICATE OF POSSESSION.—
  195         (a)Any person who lawfully possesses an assault weapon or
  196  large-capacity magazine before October 1, 2019, shall apply to
  197  the Department of Law Enforcement by October 1, 2020, for a
  198  certificate of possession with respect to such assault weapon or
  199  large-capacity magazine. If such person is a member of the Armed
  200  Forces of the United States or of this state and cannot apply by
  201  October 1, 2020, because he or she is or was on official duty
  202  outside this state, the person shall apply within 90 days after
  203  returning to this state. The certificate must contain a
  204  description of the assault weapon or large-capacity magazine
  205  which identifies the assault weapon or large-capacity magazine
  206  uniquely, including all identifying marks; the full name,
  207  address, date of birth, and thumbprint of the owner; and any
  208  other information as the department deems appropriate. The
  209  department shall adopt rules no later than January 1, 2020, to
  210  establish procedures with respect to the application for, and
  211  issuance of, certificates of possession under this section.
  212         (b)1. An assault weapon or large-capacity magazine lawfully
  213  possessed in accordance with this section may not be sold or
  214  transferred on or after January 1, 2020, to any person within
  215  this state other than to a licensed gun dealer, as provided in
  216  subsection (5), or by a bequest or intestate succession.
  217         2. A person who obtains ownership of an assault weapon or
  218  large-capacity magazine for which a certificate of possession
  219  has been issued under this subsection shall, within 90 days
  220  after obtaining ownership, apply to the Department of Law
  221  Enforcement for a certificate of possession, render the assault
  222  weapon or large-capacity magazine permanently inoperable, sell
  223  the assault weapon or large-capacity magazine to a licensed gun
  224  dealer, or remove the assault weapon or large-capacity magazine
  225  from this state.
  226         3. A person who moves into this state and who is in lawful
  227  possession of an assault weapon or large-capacity magazine
  228  shall, within 90 days, either render the assault weapon or
  229  large-capacity magazine permanently inoperable, sell the assault
  230  weapon or large-capacity magazine to a licensed gun dealer, or
  231  remove the assault weapon or large-capacity magazine from this
  232  state, unless the person is a member of the military, air, or
  233  naval forces of this state or of the United States, is in lawful
  234  possession of an assault weapon or large-capacity magazine, and
  235  has been transferred to the state after October 1, 2020.
  236         (c)A person who has been issued a certificate of
  237  possession for an assault weapon or large-capacity magazine
  238  under this subsection may possess it only if the person is:
  239         1.At the residence, the place of business, or any other
  240  property owned by that person, or on a property owned by another
  241  person with the owner’s express permission;
  242         2.On the premises of a target range of a public or private
  243  club or organization organized for the purpose of practicing
  244  shooting at targets;
  245         3.On a target range that holds a regulatory or business
  246  license for the purpose of practicing shooting at that target
  247  range;
  248         4.On the premises of a licensed shooting club;
  249         5.Attending an exhibition, display, or educational program
  250  on firearms which is sponsored by, conducted under the auspices
  251  of, or approved by a law enforcement agency or a nationally or
  252  state-recognized entity that fosters proficiency in, or promotes
  253  education about, firearms; or
  254         6.Transporting the assault weapon or large-capacity
  255  magazine between any of the places mentioned in this paragraph,
  256  or from or to any licensed gun dealer for servicing or repair
  257  pursuant to paragraph (7)(b), provided the assault weapon or
  258  large-capacity magazine is transported as required by subsection
  259  (7).
  260         (5)CERTIFICATE OF TRANSFER.—If an owner of an assault
  261  weapon or large-capacity magazine sells or transfers the weapon
  262  or magazine to a licensed gun dealer, the licensed gun dealer
  263  shall, at the time of delivery of the weapon, execute a
  264  certificate of transfer and cause the certificate to be mailed
  265  or delivered to the Department of Law Enforcement. The
  266  certificate must contain:
  267         (a)The date of sale or transfer.
  268         (b)The name and address of the seller or transferor and
  269  the licensed gun dealer and their social security numbers or
  270  driver license numbers.
  271         (c)The licensed gun dealer’s federal firearms license
  272  number.
  273         (d)A description of the weapon, including the caliber of
  274  the weapon and its make, model, and serial number.
  275         (e)Any other information the Department of Law Enforcement
  276  requires.
  277  
  278  The licensed gun dealer shall present his or her driver license
  279  or social security card and federal firearms license to the
  280  seller or transferor for inspection at the time of purchase or
  281  transfer. The Department of Law Enforcement shall maintain a
  282  file of all certificates of transfer at its headquarters.
  283         (6)RELINQUISHMENT.—An individual may arrange in advance to
  284  relinquish an assault weapon or large-capacity magazine to a law
  285  enforcement agency, as defined in s. 934.02, or the Department
  286  of Law Enforcement. The assault weapon or large-capacity
  287  magazine shall be transported in accordance with subsection (7).
  288         (7)TRANSPORTATION.—
  289         (a)A licensed gun dealer who lawfully purchases for resale
  290  an assault weapon or large-capacity magazine pursuant to
  291  subsection (2) may transport the assault weapon or large
  292  capacity magazine between licensed gun dealers or out of this
  293  state, but a person may not carry a loaded assault weapon
  294  concealed from public view, or knowingly have in any motor
  295  vehicle owned, operated, or occupied by him or her a loaded or
  296  unloaded assault weapon, unless the weapon is kept in the trunk
  297  of the vehicle or in a case or other container that is
  298  inaccessible to the operator of or any passenger in the vehicle.
  299  Any person who violates this paragraph commits a misdemeanor of
  300  the second degree, punishable as provided in s. 775.082 or s.
  301  775.083. Any licensed gun dealer may display the assault weapon
  302  or large-capacity magazine at any gun show or sell it to a
  303  resident outside this state.
  304         (b)Any licensed gun dealer may transfer possession of any
  305  assault weapon or large-capacity magazine received pursuant to
  306  paragraph (a) to a gunsmith for purposes of accomplishing
  307  service or repair of the same. Transfers are permissible only to
  308  a gunsmith who is:
  309         1.In the licensed gun dealer’s employ; or
  310         2.Contracted by the licensed gun dealer for gunsmithing
  311  services, provided the gunsmith holds a dealer’s license issued
  312  pursuant to chapter 44 of Title 18 of the United States Code, 18
  313  U.S.C. ss. 921 et seq., and the regulations issued pursuant
  314  thereto.
  315         (8)CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
  316  NOT PROHIBITED.—This section does not prohibit any person, firm,
  317  or corporation engaged in the business of manufacturing assault
  318  weapons or large-capacity magazines in this state from
  319  manufacturing or transporting assault weapons or large-capacity
  320  magazines in this state for sale within this state in accordance
  321  with subparagraph (2)(c)1. or for sale outside this state.
  322         (9)EXCEPTION.—This section does not apply to any firearm
  323  modified to render it permanently inoperable.
  324         Section 2. Paragraph (a) of subsection (3) of section
  325  775.087, Florida Statutes, is amended to read:
  326         775.087 Possession or use of weapon; aggravated battery;
  327  felony reclassification; minimum sentence.—
  328         (3)(a)1. Any person who is convicted of a felony or an
  329  attempt to commit a felony, regardless of whether the use of a
  330  firearm is an element of the felony, and the conviction was for:
  331         a. Murder;
  332         b. Sexual battery;
  333         c. Robbery;
  334         d. Burglary;
  335         e. Arson;
  336         f. Aggravated battery;
  337         g. Kidnapping;
  338         h. Escape;
  339         i. Sale, manufacture, delivery, or intent to sell,
  340  manufacture, or deliver any controlled substance;
  341         j. Aircraft piracy;
  342         k. Aggravated child abuse;
  343         l. Aggravated abuse of an elderly person or disabled adult;
  344         m. Unlawful throwing, placing, or discharging of a
  345  destructive device or bomb;
  346         n. Carjacking;
  347         o. Home-invasion robbery;
  348         p. Aggravated stalking; or
  349         q. Trafficking in cannabis, trafficking in cocaine, capital
  350  importation of cocaine, trafficking in illegal drugs, capital
  351  importation of illegal drugs, trafficking in phencyclidine,
  352  capital importation of phencyclidine, trafficking in
  353  methaqualone, capital importation of methaqualone, trafficking
  354  in amphetamine, capital importation of amphetamine, trafficking
  355  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  356  (GHB), trafficking in 1,4-Butanediol, trafficking in
  357  Phenethylamines, or other violation of s. 893.135(1),;
  358  
  359  and during the commission of the offense, such person possessed
  360  a semiautomatic firearm and its high-capacity detachable box
  361  magazine, an assault weapon and its large-capacity magazine as
  362  defined in s. 790.30, or a machine gun as defined in s. 790.001,
  363  shall be sentenced to a minimum term of imprisonment of 15
  364  years.
  365         2. Any person who is convicted of a felony or an attempt to
  366  commit a felony listed in subparagraph 1. subparagraph (a)1.,
  367  regardless of whether the use of a weapon is an element of the
  368  felony, and during the course of the commission of the felony
  369  such person discharged a semiautomatic firearm and its high
  370  capacity box magazine, an assault weapon and its large-capacity
  371  magazine as defined in s. 790.30, or a machine gun as defined
  372  in s. 790.001 shall be sentenced to a minimum term of
  373  imprisonment of 20 years.
  374         3. Any person who is convicted of a felony or an attempt to
  375  commit a felony listed in subparagraph 1. subparagraph (a)1.,
  376  regardless of whether the use of a weapon is an element of the
  377  felony, and during the course of the commission of the felony
  378  such person discharged a semiautomatic firearm and its high
  379  capacity box magazine, an assault weapon and its large-capacity
  380  magazine as defined in s. 790.30, or a machine gun as defined
  381  in s. 790.001 and, as the result of the discharge, death or
  382  great bodily harm was inflicted upon any person, the convicted
  383  person shall be sentenced to a minimum term of imprisonment of
  384  not less than 25 years and not more than a term of imprisonment
  385  of life in prison.
  386         Section 3. For the purpose of incorporating the amendment
  387  made by this act to section 775.087, Florida Statutes, in a
  388  reference thereto, section 27.366, Florida Statutes, is
  389  reenacted to read:
  390         27.366 Legislative intent and policy in cases meeting
  391  criteria of s. 775.087(2) and (3).—It is the intent of the
  392  Legislature that convicted criminal offenders who meet the
  393  criteria in s. 775.087(2) and (3) be sentenced to the minimum
  394  mandatory prison terms provided therein. It is the intent of the
  395  Legislature to establish zero tolerance of criminals who use,
  396  threaten to use, or avail themselves of firearms in order to
  397  commit crimes and thereby demonstrate their lack of value for
  398  human life. It is also the intent of the Legislature that
  399  prosecutors should appropriately exercise their discretion in
  400  those cases in which the offenders’ possession of the firearm is
  401  incidental to the commission of a crime and not used in
  402  furtherance of the crime, used in order to commit the crime, or
  403  used in preparation to commit the crime. For every case in which
  404  the offender meets the criteria in this act and does not receive
  405  the mandatory minimum prison sentence, the state attorney must
  406  explain the sentencing deviation in writing and place such
  407  explanation in the case file maintained by the state attorney.
  408         Section 4. For the purpose of incorporating the amendment
  409  made by this act to section 775.087, Florida Statutes, in a
  410  reference thereto, paragraph (b) of subsection (1) of section
  411  921.0024, Florida Statutes, is reenacted to read:
  412         921.0024 Criminal Punishment Code; worksheet computations;
  413  scoresheets.—
  414         (1)
  415         (b) WORKSHEET KEY:
  416  
  417  Legal status points are assessed when any form of legal status
  418  existed at the time the offender committed an offense before the
  419  court for sentencing. Four (4) sentence points are assessed for
  420  an offender’s legal status.
  421  
  422  Community sanction violation points are assessed when a
  423  community sanction violation is before the court for sentencing.
  424  Six (6) sentence points are assessed for each community sanction
  425  violation and each successive community sanction violation,
  426  unless any of the following apply:
  427         1. If the community sanction violation includes a new
  428  felony conviction before the sentencing court, twelve (12)
  429  community sanction violation points are assessed for the
  430  violation, and for each successive community sanction violation
  431  involving a new felony conviction.
  432         2. If the community sanction violation is committed by a
  433  violent felony offender of special concern as defined in s.
  434  948.06:
  435         a. Twelve (12) community sanction violation points are
  436  assessed for the violation and for each successive violation of
  437  felony probation or community control where:
  438         I. The violation does not include a new felony conviction;
  439  and
  440         II. The community sanction violation is not based solely on
  441  the probationer or offender’s failure to pay costs or fines or
  442  make restitution payments.
  443         b. Twenty-four (24) community sanction violation points are
  444  assessed for the violation and for each successive violation of
  445  felony probation or community control where the violation
  446  includes a new felony conviction.
  447  
  448  Multiple counts of community sanction violations before the
  449  sentencing court shall not be a basis for multiplying the
  450  assessment of community sanction violation points.
  451  
  452  Prior serious felony points: If the offender has a primary
  453  offense or any additional offense ranked in level 8, level 9, or
  454  level 10, and one or more prior serious felonies, a single
  455  assessment of thirty (30) points shall be added. For purposes of
  456  this section, a prior serious felony is an offense in the
  457  offender’s prior record that is ranked in level 8, level 9, or
  458  level 10 under s. 921.0022 or s. 921.0023 and for which the
  459  offender is serving a sentence of confinement, supervision, or
  460  other sanction or for which the offender’s date of release from
  461  confinement, supervision, or other sanction, whichever is later,
  462  is within 3 years before the date the primary offense or any
  463  additional offense was committed.
  464  
  465  Prior capital felony points: If the offender has one or more
  466  prior capital felonies in the offender’s criminal record, points
  467  shall be added to the subtotal sentence points of the offender
  468  equal to twice the number of points the offender receives for
  469  the primary offense and any additional offense. A prior capital
  470  felony in the offender’s criminal record is a previous capital
  471  felony offense for which the offender has entered a plea of nolo
  472  contendere or guilty or has been found guilty; or a felony in
  473  another jurisdiction which is a capital felony in that
  474  jurisdiction, or would be a capital felony if the offense were
  475  committed in this state.
  476  
  477  Possession of a firearm, semiautomatic firearm, or machine gun:
  478  If the offender is convicted of committing or attempting to
  479  commit any felony other than those enumerated in s. 775.087(2)
  480  while having in his or her possession: a firearm as defined in
  481  s. 790.001(6), an additional eighteen (18) sentence points are
  482  assessed; or if the offender is convicted of committing or
  483  attempting to commit any felony other than those enumerated in
  484  s. 775.087(3) while having in his or her possession a
  485  semiautomatic firearm as defined in s. 775.087(3) or a machine
  486  gun as defined in s. 790.001(9), an additional twenty-five (25)
  487  sentence points are assessed.
  488  
  489  Sentencing multipliers:
  490  
  491  Drug trafficking: If the primary offense is drug trafficking
  492  under s. 893.135, the subtotal sentence points are multiplied,
  493  at the discretion of the court, for a level 7 or level 8
  494  offense, by 1.5. The state attorney may move the sentencing
  495  court to reduce or suspend the sentence of a person convicted of
  496  a level 7 or level 8 offense, if the offender provides
  497  substantial assistance as described in s. 893.135(4).
  498  
  499  Law enforcement protection: If the primary offense is a
  500  violation of the Law Enforcement Protection Act under s.
  501  775.0823(2), (3), or (4), the subtotal sentence points are
  502  multiplied by 2.5. If the primary offense is a violation of s.
  503  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  504  are multiplied by 2.0. If the primary offense is a violation of
  505  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  506  Protection Act under s. 775.0823(10) or (11), the subtotal
  507  sentence points are multiplied by 1.5.
  508  
  509  Grand theft of a motor vehicle: If the primary offense is grand
  510  theft of the third degree involving a motor vehicle and in the
  511  offender’s prior record, there are three or more grand thefts of
  512  the third degree involving a motor vehicle, the subtotal
  513  sentence points are multiplied by 1.5.
  514  
  515  Offense related to a criminal gang: If the offender is convicted
  516  of the primary offense and committed that offense for the
  517  purpose of benefiting, promoting, or furthering the interests of
  518  a criminal gang as defined in s. 874.03, the subtotal sentence
  519  points are multiplied by 1.5. If applying the multiplier results
  520  in the lowest permissible sentence exceeding the statutory
  521  maximum sentence for the primary offense under chapter 775, the
  522  court may not apply the multiplier and must sentence the
  523  defendant to the statutory maximum sentence.
  524  
  525  Domestic violence in the presence of a child: If the offender is
  526  convicted of the primary offense and the primary offense is a
  527  crime of domestic violence, as defined in s. 741.28, which was
  528  committed in the presence of a child under 16 years of age who
  529  is a family or household member as defined in s. 741.28(3) with
  530  the victim or perpetrator, the subtotal sentence points are
  531  multiplied by 1.5.
  532  
  533  Adult-on-minor sex offense: If the offender was 18 years of age
  534  or older and the victim was younger than 18 years of age at the
  535  time the offender committed the primary offense, and if the
  536  primary offense was an offense committed on or after October 1,
  537  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  538  violation involved a victim who was a minor and, in the course
  539  of committing that violation, the defendant committed a sexual
  540  battery under chapter 794 or a lewd act under s. 800.04 or s.
  541  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  542  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  543  800.04; or s. 847.0135(5), the subtotal sentence points are
  544  multiplied by 2.0. If applying the multiplier results in the
  545  lowest permissible sentence exceeding the statutory maximum
  546  sentence for the primary offense under chapter 775, the court
  547  may not apply the multiplier and must sentence the defendant to
  548  the statutory maximum sentence.
  549         Section 5. For the purpose of incorporating the amendment
  550  made by this act to section 775.087, Florida Statutes, in a
  551  reference thereto, subsection (3) of section 947.146, Florida
  552  Statutes, is reenacted to read:
  553         947.146 Control Release Authority.—
  554         (3) Within 120 days prior to the date the state
  555  correctional system is projected pursuant to s. 216.136 to
  556  exceed 99 percent of total capacity, the authority shall
  557  determine eligibility for and establish a control release date
  558  for an appropriate number of parole ineligible inmates committed
  559  to the department and incarcerated within the state who have
  560  been determined by the authority to be eligible for
  561  discretionary early release pursuant to this section. In
  562  establishing control release dates, it is the intent of the
  563  Legislature that the authority prioritize consideration of
  564  eligible inmates closest to their tentative release date. The
  565  authority shall rely upon commitment data on the offender
  566  information system maintained by the department to initially
  567  identify inmates who are to be reviewed for control release
  568  consideration. The authority may use a method of objective risk
  569  assessment in determining if an eligible inmate should be
  570  released. Such assessment shall be a part of the department’s
  571  management information system. However, the authority shall have
  572  sole responsibility for determining control release eligibility,
  573  establishing a control release date, and effectuating the
  574  release of a sufficient number of inmates to maintain the inmate
  575  population between 99 percent and 100 percent of total capacity.
  576  Inmates who are ineligible for control release are inmates who
  577  are parole eligible or inmates who:
  578         (a) Are serving a sentence that includes a mandatory
  579  minimum provision for a capital offense or drug trafficking
  580  offense and have not served the number of days equal to the
  581  mandatory minimum term less any jail-time credit awarded by the
  582  court;
  583         (b) Are serving the mandatory minimum portion of a sentence
  584  enhanced under s. 775.087(2) or (3), or s. 784.07(3);
  585         (c) Are convicted, or have been previously convicted, of
  586  committing or attempting to commit sexual battery, incest, or
  587  any of the following lewd or indecent assaults or acts:
  588  masturbating in public; exposing the sexual organs in a
  589  perverted manner; or nonconsensual handling or fondling of the
  590  sexual organs of another person;
  591         (d) Are convicted, or have been previously convicted, of
  592  committing or attempting to commit assault, aggravated assault,
  593  battery, or aggravated battery, and a sex act was attempted or
  594  completed during commission of such offense;
  595         (e) Are convicted, or have been previously convicted, of
  596  committing or attempting to commit kidnapping, burglary, or
  597  murder, and the offense was committed with the intent to commit
  598  sexual battery or a sex act was attempted or completed during
  599  commission of the offense;
  600         (f) Are convicted, or have been previously convicted, of
  601  committing or attempting to commit false imprisonment upon a
  602  child under the age of 13 and, in the course of committing the
  603  offense, the inmate committed aggravated child abuse, sexual
  604  battery against the child, or a lewd or lascivious offense
  605  committed upon or in the presence of a person less than 16 years
  606  of age;
  607         (g) Are sentenced, have previously been sentenced, or have
  608  been sentenced at any time under s. 775.084, or have been
  609  sentenced at any time in another jurisdiction as a habitual
  610  offender;
  611         (h) Are convicted, or have been previously convicted, of
  612  committing or attempting to commit assault, aggravated assault,
  613  battery, aggravated battery, kidnapping, manslaughter, or murder
  614  against an officer as defined in s. 943.10(1), (2), (3), (6),
  615  (7), (8), or (9); against a state attorney or assistant state
  616  attorney; or against a justice or judge of a court described in
  617  Art. V of the State Constitution; or against an officer, judge,
  618  or state attorney employed in a comparable position by any other
  619  jurisdiction; or
  620         (i) Are convicted, or have been previously convicted, of
  621  committing or attempting to commit murder in the first, second,
  622  or third degree under s. 782.04(1), (2), (3), or (4), or have
  623  ever been convicted of any degree of murder or attempted murder
  624  in another jurisdiction;
  625         (j) Are convicted, or have been previously convicted, of
  626  DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
  627  have been sentenced at any time, as a habitual offender for such
  628  offense, or have been sentenced at any time in another
  629  jurisdiction as a habitual offender for such offense;
  630         (k)1. Are serving a sentence for an offense committed on or
  631  after January 1, 1994, for a violation of the Law Enforcement
  632  Protection Act under s. 775.0823(2), (3), (4), (5), or (6), and
  633  the subtotal of the offender’s sentence points is multiplied
  634  pursuant to former s. 921.0014 or s. 921.0024;
  635         2. Are serving a sentence for an offense committed on or
  636  after October 1, 1995, for a violation of the Law Enforcement
  637  Protection Act under s. 775.0823(2), (3), (4), (5), (6), (7),
  638  (8), or (9), and the subtotal of the offender’s sentence points
  639  is multiplied pursuant to former s. 921.0014 or s. 921.0024;
  640         (l) Are serving a sentence for an offense committed on or
  641  after January 1, 1994, for possession of a firearm,
  642  semiautomatic firearm, or machine gun in which additional points
  643  are added to the subtotal of the offender’s sentence points
  644  pursuant to former s. 921.0014 or s. 921.0024; or
  645         (m) Are convicted, or have been previously convicted, of
  646  committing or attempting to commit manslaughter, kidnapping,
  647  robbery, carjacking, home-invasion robbery, or a burglary under
  648  s. 810.02(2).
  649  
  650  In making control release eligibility determinations under this
  651  subsection, the authority may rely on any document leading to or
  652  generated during the course of the criminal proceedings,
  653  including, but not limited to, any presentence or postsentence
  654  investigation or any information contained in arrest reports
  655  relating to circumstances of the offense.
  656         Section 6. This act shall take effect October 1, 2019.