CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Crist offered the following:

12

13         Amendment 

14         On page 9, line 8, through page 13, line 5,

15  remove from the bill:  all of said lines

16

17  and insert in lieu thereof:

18         (b)  Subparagraph (a)1., subparagraph (a)2., or

19  subparagraph (a)3. does not prevent a court from imposing a

20  longer sentence of incarceration as authorized by law in

21  addition to the minimum mandatory sentence, or from imposing a

22  sentence of death pursuant to other applicable law.

23  Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.

24  does not authorize a court to impose a lesser sentence than

25  otherwise required by law.

26

27  Notwithstanding s. 948.01, adjudication of guilt or imposition

28  of sentence shall not be suspended, deferred, or withheld, and

29  the defendant is not eligible for statutory gain-time under s.

30  944.275 or any form of discretionary early release, other than

31  pardon or executive clemency, or conditional medical release

                                  1

    File original & 9 copies    03/02/99
    hbd0005                     05:14 pm         00113-0060-843119




                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  under s. 947.149, prior to serving the minimum sentence.

 2         (c)  If the minimum mandatory terms of imprisonment

 3  imposed pursuant to this section exceed the maximum sentences

 4  authorized by s. 775.082, s. 775.084, or the Criminal

 5  Punishment Code under chapter 921, then the mandatory minimum

 6  sentence must be imposed. If the mandatory minimum terms of

 7  imprisonment pursuant to this section are less than the

 8  sentences that could be imposed as authorized by s. 775.082,

 9  s. 775.084, or the Criminal Punishment Code under chapter 921,

10  then the sentence imposed by the court must include the

11  mandatory minimum term of imprisonment as required in this

12  section.

13         (d)  It is the intent of the Legislature that offenders

14  who possess, carry, display, use, threaten to use, or attempt

15  to use firearms or destructive devices be punished to the

16  fullest extent of the law, and the minimum terms of

17  imprisonment imposed pursuant to this subsection shall be

18  imposed for each qualifying felony count for which the person

19  is convicted. The court shall impose any term of imprisonment

20  provided for in this subsection consecutively to any other

21  term of imprisonment imposed for any other felony offense.

22         (3)(a)1.  Any person who is convicted of a felony or an

23  attempt to commit a felony, regardless of whether the use of a

24  firearm is an element of the felony, and the conviction was

25  for:

26         a.1.  Murder;

27         b.2.  Sexual battery;

28         c.3.  Robbery;

29         d.4.  Burglary;

30         e.5.  Arson;

31         f.6.  Aggravated assault;

                                  2

    File original & 9 copies    03/02/99
    hbd0005                     05:14 pm         00113-0060-843119




                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1         g.7.  Aggravated battery;

 2         h.8.  Kidnapping;

 3         i.9.  Escape;

 4         j.10.  Sale, manufacture, delivery, or intent to sell,

 5  manufacture, or deliver any controlled substance;

 6         k.11.  Aircraft piracy;

 7         l.12.  Aggravated child abuse;

 8         m.13.  Aggravated abuse of an elderly person or

 9  disabled adult;

10         n.14.  Unlawful throwing, placing, or discharging of a

11  destructive device or bomb;

12         o.15.  Carjacking;

13         p.16.  Home-invasion robbery; or

14         q.17.  Aggravated stalking; or

15         r.  Trafficking in cannabis, trafficking in cocaine,

16  capital importation of cocaine, trafficking in illegal drugs,

17  capital importation of illegal drugs, trafficking in

18  phencyclidine, capital importation of phencyclidine,

19  trafficking in methaqualone, capital importation of

20  methaqualone, trafficking in amphetamine, capital importation

21  of amphetamine, trafficking in flunitrazepam, or other

22  violation of s. 893.135(1);

23

24  and during the commission of the offense, or the flight

25  therefrom, such person possessed a semiautomatic firearm and

26  its high-capacity detachable box magazine or a machine gun as

27  defined in s. 790.001, shall be sentenced to a minimum term of

28  imprisonment of 15 8 years.

29         2.  Any person who is convicted of a felony or an

30  attempt to commit a felony listed in subparagraph (a)1.,

31  regardless of whether the use of a weapon is an element of the

                                  3

    File original & 9 copies    03/02/99
    hbd0005                     05:14 pm         00113-0060-843119




                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  felony, and during the course of the commission of the felony

 2  or the flight therefrom, such person discharged a

 3  semiautomatic firearm and its high-capacity box magazine or a

 4  "machine gun" as defined in s. 790.001 shall be sentenced to a

 5  minimum term of imprisonment of 20 years.

 6         3.  Any person who is convicted of a felony or an

 7  attempt to commit a felony listed in subparagraphs (a)1.,

 8  regardless of whether the use of a weapon is an element of the

 9  felony, and during the course of the commission of the felony

10  or the flight therefrom, such person discharged a

11  semiautomatic firearm and its high-capacity box magazine or a

12  "machine gun" as defined in s. 790.001 and, as the result of

13  the discharge, death or great bodily harm was inflicted upon

14  any person, the convicted person shall be sentenced to a

15  minimum term of imprisonment of not less than 25 years and not

16  more than a term of imprisonment of life in prison.

17         (b)  Subparagraph (a)1., subparagraph (a)2., or

18  subparagraph (a)3. does not prevent a court from imposing a

19  longer sentence of incarceration as authorized by law in

20  addition to the minimum mandatory sentence, or from imposing a

21  sentence of death pursuant to other applicable law.

22  Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.

23  does not authorize a court to impose a lesser sentence than

24  otherwise required by law.

25

26  Notwithstanding s. 948.01, adjudication of guilt or imposition

27  of sentence shall not be suspended, deferred, or withheld, and

28  the defendant is not eligible for statutory gain-time under s.

29  944.275 or any form of discretionary early release, other than

30  pardon or executive clemency, or conditional medical release

31  under s. 947.149, prior to serving the minimum sentence.

                                  4

    File original & 9 copies    03/02/99
    hbd0005                     05:14 pm         00113-0060-843119




                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1         (c)  If the minimum mandatory terms of imprisonment

 2  imposed pursuant to this section exceed the maximum sentences

 3  authorized by s. 775.082, s. 775.084, or the Criminal

 4  Punishment Code under chapter 921, then the mandatory minimum

 5  sentence must be imposed. If the mandatory minimum terms of

 6  imprisonment pursuant to this section are less than the

 7  sentences that could be imposed as authorized by s. 775.082,

 8  s. 775.084, or the Criminal Punishment Code under chapter 921,

 9  then the sentence imposed by the court must include the

10  mandatory minimum term of imprisonment as required in this

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5

    File original & 9 copies    03/02/99
    hbd0005                     05:14 pm         00113-0060-843119