Florida Senate - 2012 CS for SB 1272 By the Committee on Criminal Justice; and Senator Latvala 591-03220-12 20121272c1 1 A bill to be entitled 2 An act relating to possession of a firearm or 3 destructive device during the commission of an 4 offense; amending s. 775.087, F.S.; providing that an 5 exception to the 10-year minimum term for persons 6 convicted of certain offenses during which the person 7 actually possessed a firearm or destructive device 8 does not apply to offenders convicted for possession 9 of a firearm by a felon who have certain prior 10 convictions; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (a) of subsection (2) of section 15 775.087, Florida Statutes, is amended to read: 16 775.087 Possession or use of weapon; aggravated battery; 17 felony reclassification; minimum sentence.— 18 (2)(a)1. Any person who is convicted of a felony or an 19 attempt to commit a felony, regardless of whether the use of a 20 weapon is an element of the felony, and the conviction was for: 21 a. Murder; 22 b. Sexual battery; 23 c. Robbery; 24 d. Burglary; 25 e. Arson; 26 f. Aggravated assault; 27 g. Aggravated battery; 28 h. Kidnapping; 29 i. Escape; 30 j. Aircraft piracy; 31 k. Aggravated child abuse; 32 l. Aggravated abuse of an elderly person or disabled adult; 33 m. Unlawful throwing, placing, or discharging of a 34 destructive device or bomb; 35 n. Carjacking; 36 o. Home-invasion robbery; 37 p. Aggravated stalking; 38 q. Trafficking in cannabis, trafficking in cocaine, capital 39 importation of cocaine, trafficking in illegal drugs, capital 40 importation of illegal drugs, trafficking in phencyclidine, 41 capital importation of phencyclidine, trafficking in 42 methaqualone, capital importation of methaqualone, trafficking 43 in amphetamine, capital importation of amphetamine, trafficking 44 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 45 (GHB), trafficking in 1,4-Butanediol, trafficking in 46 Phenethylamines, or other violation of s. 893.135(1); or 47 r. Possession of a firearm by a felon 48 49 and during the commission of the offense, such person actually 50 possessed a “firearm” or “destructive device” as those terms are 51 defined in s. 790.001, shall be sentenced to a minimum term of 52 imprisonment of 10 years, except that a person who is convicted 53 for aggravated assault, possession of a firearm by a felon, or 54 burglary of a conveyance shall be sentenced to a minimum term of 55 imprisonment of 3 years if such person possessed a “firearm” or 56 “destructive device” during the commission of the offense. 57 However, if an offender who is convicted of the offense of 58 possession of a firearm by a felon has a previous conviction of 59 committing or attempting to commit a felony listed in s. 60 775.084(1)(b)1. and actually possessed a firearm or destructive 61 device during the commission of the prior felony, the offender 62 shall be sentenced to a minimum term of imprisonment of 10 63 years. 64 2. Any person who is convicted of a felony or an attempt to 65 commit a felony listed in sub-subparagraphs (a)1.a.-q., 66 regardless of whether the use of a weapon is an element of the 67 felony, and during the course of the commission of the felony 68 such person discharged a “firearm” or “destructive device” as 69 defined in s. 790.001 shall be sentenced to a minimum term of 70 imprisonment of 20 years. 71 3. Any person who is convicted of a felony or an attempt to 72 commit a felony listed in sub-subparagraphs (a)1.a.-q., 73 regardless of whether the use of a weapon is an element of the 74 felony, and during the course of the commission of the felony 75 such person discharged a “firearm” or “destructive device” as 76 defined in s. 790.001 and, as the result of the discharge, death 77 or great bodily harm was inflicted upon any person, the 78 convicted person shall be sentenced to a minimum term of 79 imprisonment of not less than 25 years and not more than a term 80 of imprisonment of life in prison. 81 Section 2. This act shall take effect July 1, 2012.