Florida Senate - 2018                                    SB 1102
       
       
        
       By Senator Thurston
       
       
       
       
       
       33-01434-18                                           20181102__
    1                        A bill to be entitled                      
    2         An act relating to reclassification of offenses
    3         involving certain firearms or firearm accessories;
    4         amending s. 775.087, F.S.; providing for
    5         reclassification of offenses a person commits while
    6         possessing a weapon or firearm capable of holding more
    7         than 13 rounds of ammunition, possessing two or more
    8         firearms, or possessing a firearm and specified
    9         accessories; defining the term “bump-fire stock”;
   10         reenacting s. 921.0022(2), F.S., relating to the
   11         reclassification of the degree of certain felonies, to
   12         incorporate the amendment made to s. 775.087, F.S., in
   13         a reference thereto; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (1) of section 775.087, Florida
   18  Statutes, is amended to read:
   19         775.087 Possession or use of weapon; aggravated battery;
   20  felony reclassification; minimum sentence.—
   21         (1)(a) Unless otherwise provided by law, whenever a person
   22  is charged with a felony, except a felony in which the use of a
   23  weapon or firearm is an essential element, and during the
   24  commission of such felony the defendant carries, displays, uses,
   25  threatens to use, or attempts to use any weapon or firearm, or
   26  during the commission of such felony the defendant commits an
   27  aggravated battery, the felony for which the person is charged
   28  shall be reclassified as follows:
   29         1.(a) In the case of a felony of the first degree, to a
   30  life felony.
   31         2.(b) In the case of a felony of the second degree, to a
   32  felony of the first degree.
   33         3.(c) In the case of a felony of the third degree, to a
   34  felony of the second degree.
   35         (b)1.In addition to any other classification of an offense
   36  provided by law, whenever a person commits a misdemeanor or
   37  felony, and during the commission of such offense the person
   38  carries, displays, uses, threatens to use, or attempts to use a
   39  weapon or firearm capable of holding 13 or more rounds of
   40  ammunition without the necessity of reloading, the person
   41  possesses two or more firearms, the person possesses a firearm
   42  with a bump-fire stock, or the person possesses a firearm and
   43  more than one firearm magazine capable of being used in the
   44  firearm, the offense for which the person is charged shall be
   45  reclassified as follows:
   46         a.In the case of a felony of the first degree, to a life
   47  felony.
   48         b.In the case of a felony of the second degree, to a
   49  felony of the first degree.
   50         c.In the case of a felony of the third degree, to a felony
   51  of the second degree.
   52         d.In the case of a misdemeanor of the first degree, to a
   53  felony of the third degree.
   54         e.In the case of a misdemeanor of the second degree, to a
   55  misdemeanor of the first degree.
   56         2.As used in this paragraph, the term “bump-fire stock”
   57  means a gun conversion kit, a tool, an accessory, or a device
   58  used to alter the rate of fire of a firearm to mimic automatic
   59  weapon fire or which is used to increase the rate of fire of a
   60  semiautomatic firearm to a faster rate than is possible for a
   61  person to fire such semiautomatic firearm unassisted by a kit, a
   62  tool, an accessory, or a device.
   63  
   64  For purposes of sentencing under chapter 921 and determining
   65  incentive gain-time eligibility under chapter 944, a felony
   66  offense which is reclassified under this subsection section is
   67  ranked one level above the ranking under s. 921.0022 or s.
   68  921.0023 of the felony offense committed.
   69         Section 2. For the purpose of incorporating the amendment
   70  made by this act to section 775.087, Florida Statutes, in a
   71  reference thereto, subsection (2) of section 921.0022, Florida
   72  Statutes, is reenacted to read:
   73         921.0022 Criminal Punishment Code; offense severity ranking
   74  chart.—
   75         (2) The offense severity ranking chart has 10 offense
   76  levels, ranked from least severe, which are level 1 offenses, to
   77  most severe, which are level 10 offenses, and each felony
   78  offense is assigned to a level according to the severity of the
   79  offense. For purposes of determining which felony offenses are
   80  specifically listed in the offense severity ranking chart and
   81  which severity level has been assigned to each of these
   82  offenses, the numerical statutory references in the left column
   83  of the chart and the felony degree designations in the middle
   84  column of the chart are controlling; the language in the right
   85  column of the chart is provided solely for descriptive purposes.
   86  Reclassification of the degree of the felony through the
   87  application of s. 775.0845, s. 775.085, s. 775.0861, s.
   88  775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, or
   89  any other law that provides an enhanced penalty for a felony
   90  offense, to any offense listed in the offense severity ranking
   91  chart in this section shall not cause the offense to become
   92  unlisted and is not subject to the provisions of s. 921.0023.
   93         Section 3. This act shall take effect October 1, 2018.