HB 425

1	A bill to be entitled
2	An act relating to weapons and firearms; amending s.
3	775.087, F.S.; increasing the minimum terms of
4	imprisonment for possessing, discharging, or seriously
5	harming another with a semiautomatic firearm and its high-
6	capacity detachable box magazine or with a machine gun;
7	amending s. 790.065, F.S.; prohibiting any potential buyer
8	or transferee of a firearm from willfully and knowingly
9	providing false information or false or fraudulent
10	identification by using the identity of a victim of
11	identity theft; providing criminal penalties; authorizing
12	the court to impose an additional fine against a person
13	using the identity of a victim of identity theft; amending
14	s. 790.07, F.S.; prohibiting specified actions involving a
15	semiautomatic firearm and its high-capacity detachable box
16	magazine or a machine gun or a concealed semiautomatic
17	firearm while attempting to commit a felony; providing
18	penalties; amending s. 921.0022, F.S., conforming a cross-
19	reference; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsection (3) of section 775.087, Florida
24	Statutes, is amended to read:
25	775.087  Possession or use of weapon; aggravated battery;
26	felony reclassification; minimum sentence.--
27	(3)(a)1.  Any person who is convicted of a felony or an
28	attempt to commit a felony, regardless of whether the use of a
29	firearm is an element of the felony, and the conviction was for:
30	a.  Murder;
31	b.  Sexual battery;
32	c.  Robbery;
33	d.  Burglary;
34	e.  Arson;
35	f.  Aggravated assault;
36	g.  Aggravated battery;
37	h.  Kidnapping;
38	i.  Escape;
39	j.  Sale, manufacture, delivery, or intent to sell,
40	manufacture, or deliver any controlled substance;
41	k.  Aircraft piracy;
42	l.  Aggravated child abuse;
43	m.  Aggravated abuse of an elderly person or disabled
44	adult;
45	n.  Unlawful throwing, placing, or discharging of a
46	destructive device or bomb;
47	o.  Carjacking;
48	p.  Home-invasion robbery;
49	q.  Aggravated stalking; or
50	r.  Trafficking in cannabis, trafficking in cocaine,
51	capital importation of cocaine, trafficking in illegal drugs,
52	capital importation of illegal drugs, trafficking in
53	phencyclidine, capital importation of phencyclidine, trafficking
54	in methaqualone, capital importation of methaqualone,
55	trafficking in amphetamine, capital importation of amphetamine,
56	trafficking in flunitrazepam, trafficking in gamma-
57	hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
58	trafficking in Phenethylamines, or other violation of s.
59	893.135(1);
60
61	and during the commission of the offense, the such person
62	possessed a semiautomatic firearm and its high-capacity
63	detachable box magazine or a machine gun as defined in s.
64	790.001, shall be sentenced to a minimum term of imprisonment of
65	20 15 years.
66	2.  Any person who is convicted of a felony or an attempt
67	to commit a felony listed in subparagraph (a)1., regardless of
68	whether the use of a weapon is an element of the felony, and
69	during the course of the commission of the felony the such
70	person discharged a semiautomatic firearm and its high-capacity
71	box magazine or a "machine gun" as defined in s. 790.001 shall
72	be sentenced to a minimum term of imprisonment of 25 20 years.
73	3.  Any person who is convicted of a felony or an attempt
74	to commit a felony listed in subparagraph (a)1., regardless of
75	whether the use of a weapon is an element of the felony, and
76	during the course of the commission of the felony the such
77	person discharged a semiautomatic firearm and its high-capacity
78	box magazine or a "machine gun" as defined in s. 790.001 and, as
79	the result of the discharge, death or great bodily harm was
80	inflicted upon any person, the convicted person shall be
81	sentenced to a minimum term of imprisonment of not less than 25
82	years and not more than a term of imprisonment of life in
83	prison.
84	(b)  Subparagraph (a)1., subparagraph (a)2., or
85	subparagraph (a)3. does not prevent a court from imposing a
86	longer sentence of incarceration as authorized by law in
87	addition to the minimum mandatory sentence, or from imposing a
88	sentence of death pursuant to other applicable law. Subparagraph
89	(a)1., subparagraph (a)2., or subparagraph (a)3. does not
90	authorize a court to impose a lesser sentence than otherwise
91	required by law.
92
93	Notwithstanding s. 948.01, adjudication of guilt or imposition
94	of sentence shall not be suspended, deferred, or withheld, and
95	the defendant is not eligible for statutory gain-time under s.
96	944.275 or any form of discretionary early release, other than
97	pardon or executive clemency, or conditional medical release
98	under s. 947.149, prior to serving the minimum sentence.
99	(c)  If the minimum mandatory terms of imprisonment imposed
100	pursuant to this section exceed the maximum sentences authorized
101	by s. 775.082, s. 775.084, or the Criminal Punishment Code under
102	chapter 921, then the mandatory minimum sentence must be
103	imposed. If the mandatory minimum terms of imprisonment pursuant
104	to this section are less than the sentences that could be
105	imposed as authorized by s. 775.082, s. 775.084, or the Criminal
106	Punishment Code under chapter 921, then the sentence imposed by
107	the court must include the mandatory minimum term of
108	imprisonment as required in this section.
109	(d)  It is the intent of the Legislature that offenders who
110	possess, carry, display, use, threaten to use, or attempt to use
111	a semiautomatic firearm and its high-capacity detachable box
112	magazine or a machine gun as defined in s. 790.001 be punished
113	to the fullest extent of the law, and the minimum terms of
114	imprisonment imposed pursuant to this subsection shall be
115	imposed for each qualifying felony count for which the person is
116	convicted. The court shall impose any term of imprisonment
117	provided for in this subsection consecutively to any other term
118	of imprisonment imposed for any other felony offense.
119	(e)  As used in this subsection, the term:
120	1.  "High-capacity detachable box magazine" means any
121	detachable box magazine, for use in a semiautomatic firearm,
122	which is capable of being loaded with more than 20 centerfire
123	cartridges.
124	2.  "Semiautomatic firearm" means a firearm which is
125	capable of firing a series of rounds by separate successive
126	depressions of the trigger and which uses the energy of
127	discharge to perform a portion of the operating cycle.
128	Section 2.  Subsection (12) of section 790.065, Florida
129	Statutes, is amended to read:
130	790.065  Sale and delivery of firearms.--
131	(12)(a)1.  Any potential buyer or transferee who willfully
132	and knowingly provides false information or false or fraudulent
133	identification commits a felony of the third degree, punishable
134	as provided in s. 775.082 or s. 775.083.
135	2.  Any potential buyer or transferee who willfully and
136	knowingly provides false information or false or fraudulent
137	identification in violation of s. 817.568 commits a felony of
138	the second degree, punishable as provided in s. 775.082 or by a
139	fine of up to $25,000, or both.
140	(b)  Any licensed importer, licensed manufacturer, or
141	licensed dealer who violates the provisions of subsection (1)
142	commits a felony of the third degree, punishable as provided in
143	s. 775.082 or s. 775.083.
144	(c)  Any employee or agency of a licensed importer,
145	licensed manufacturer, or licensed dealer who violates the
146	provisions of subsection (1) commits a felony of the third
147	degree, punishable as provided in s. 775.082 or s. 775.083.
148	(d)  Any person who knowingly acquires a firearm through
149	purchase or transfer intended for the use of a person who is
150	prohibited by state or federal law from possessing or receiving
151	a firearm commits a felony of the third degree, punishable as
152	provided in s. 775.082 or s. 775.083.
153	Section 3.  Section 790.07, Florida Statutes, is amended to
154	read:
155	790.07  Persons engaged in criminal offense, having
156	weapons.--
157	(1)  Whoever, while committing or attempting to commit any
158	felony or while under indictment, displays, uses, threatens, or
159	attempts to use any weapon or electric weapon or device or
160	carries a concealed weapon commits is guilty of a felony of the
161	third degree, punishable as provided in s. 775.082, s. 775.083,
162	or s. 775.084.
163	(2)  Whoever, while committing or attempting to commit any
164	felony, displays, uses, threatens, or attempts to use any
165	firearm or carries a concealed firearm commits is guilty of a
166	felony of the second degree, punishable as provided in s.
167	775.082, s. 775.083, or and s. 775.084.
168	(3)  Whoever, while committing or attempting to commit any
169	felony, displays, uses, threatens, or attempts to use any
170	semiautomatic firearm and its high-capacity detachable box
171	magazine, as defined in s. 775.087(3), or a machine gun, as
172	defined in s. 790.001, or carries a concealed semiautomatic
173	firearm and its high-capacity detachable box magazine or machine
174	gun commits a felony of the first degree, punishable as provided
175	in s. 775.082, s. 775.083, or s. 775.084.
176	(4)(3)  The following crimes are excluded from application
177	of this section: Antitrust violations, unfair trade practices,
178	restraints of trade, nonsupport of dependents, bigamy, or other
179	similar offenses.
180	(5)(4)  Whoever, having previously been convicted of a
181	violation of subsection (1) or subsection (2) and, subsequent to
182	such conviction, displays, uses, threatens, or attempts to use
183	any weapon, firearm, or electric weapon or device, carries a
184	concealed weapon, or carries a concealed firearm while
185	committing or attempting to commit any felony or while under
186	indictment commits is guilty of a felony of the first degree,
187	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
188	Sentence may shall not be suspended or deferred under the
189	provisions of this subsection.
190	Section 4.  Paragraph (g) of subsection (3) of section
191	921.0022, Florida Statutes, is amended to read:
192	921.0022  Criminal Punishment Code; offense severity
193	ranking chart.--
194	(3)  OFFENSE SEVERITY RANKING CHART
195	(g)  LEVEL 7
	FloridaStatute FelonyDegree Description
196
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
197
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
198
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
199
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
200
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
201
	409.920(2) 3rd Medicaid provider fraud.
202
	456.065(2) 3rd Practicing a health care profession without a license.
203
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
204
	458.327(1) 3rd Practicing medicine without a license.
205
	459.013(1) 3rd Practicing osteopathic medicine without a license.
206
	460.411(1) 3rd Practicing chiropractic medicine without a license.
207
	461.012(1) 3rd Practicing podiatric medicine without a license.
208
	462.17 3rd Practicing naturopathy without a license.
209
	463.015(1) 3rd Practicing optometry without a license.
210
	464.016(1) 3rd Practicing nursing without a license.
211
	465.015(2) 3rd Practicing pharmacy without a license.
212
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
213
	467.201 3rd Practicing midwifery without a license.
214
	468.366 3rd Delivering respiratory care services without a license.
215
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
216
	483.901(9) 3rd Practicing medical physics without a license.
217
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
218
	484.053 3rd Dispensing hearing aids without a license.
219
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
220
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
221
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
222
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
223
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
224
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
225
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
226
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
227
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
228
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
229
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
230
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
231
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
232
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
233
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
234
	784.048(7) 3rd Aggravated stalking; violation of court order.
235
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
236
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
237
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
238
	784.081(1) 1st Aggravated battery on specified official or employee.
239
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
240
	784.083(1) 1st Aggravated battery on code inspector.
241
	790.07(5)(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
242
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
243
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
244
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
245
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
246
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
247
	794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
248
	796.03 2nd Procuring any person under 16 years for prostitution.
249
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
250
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
251
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
252
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
253
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
254
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
255
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
256
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
257
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
258
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
259
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
260
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
261
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
262
	812.131(2)(a) 2nd Robbery by sudden snatching.
263
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
264
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
265
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
266
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
267
	817.2341(2)(b)&(3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
268
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
269
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
270
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
271
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
272
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
273
	838.015 2nd Bribery.
274
	838.016 2nd Unlawful compensation or reward for official behavior.
275
	838.021(3)(a) 2nd Unlawful harm to a public servant.
276
	838.22 2nd Bid tampering.
277
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
278
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
279
	872.06 2nd Abuse of a dead human body.
280
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
281
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
282
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
283
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
284
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
285
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
286
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
287
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
288
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
289
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
290
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
291
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
292
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
293
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
294
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
295
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
296
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
297
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
298
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
299
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
300
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
301
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
302
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
303
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
304
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
305
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
306
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
307
308	Section 5.  This act shall take effect July 1, 2008.

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