Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 328 Ì118946LÎ118946 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Stewart) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 496 and 497 4 insert: 5 Section 18. Section 790.30, Florida Statutes, is created to 6 read: 7 790.30 Assault weapons.— 8 (1) DEFINITIONS.—As used in this section, the term: 9 (a) “Assault weapon” means: 10 1. A selective-fire firearm capable of fully automatic, 11 semiautomatic, or burst fire at the option of the user or any of 12 the following specified semiautomatic firearms: 13 a. Algimec AGM1. 14 b. All AK series, including, but not limited to, the 15 following: AK, AK-47, AK-74, AKM, AKS, ARM, MAK90, MISR, NHM90, 16 NHM91, Rock River Arms LAR-47, SA 85, SA 93, Vector Arms AK-47, 17 VEPR, WASR-10, and WUM. 18 c. All AR series, including, but not limited to, the 19 following: AR-10, AR-15, Armalite AR-180, Armalite M-15, AR-70, 20 Bushmaster XM15, Colt AR-15, DoubleStar AR rifles, DPMS tactical 21 rifles, Olympic Arms, Rock River Arms LAR-15, and Smith & Wesson 22 M&P15 rifles. 23 d. Barrett 82A1 and REC7. 24 e. Beretta AR-70 and Beretta Storm. 25 f. Bushmaster automatic rifle. 26 g. Calico Liberty series rifles. 27 h. Chartered Industries of Singapore SR-88. 28 i. Colt Sporter. 29 j. Daewoo K-1, K-2, Max-1, and Max-2. 30 k. FAMAS MAS .223. 31 l. Federal XC-900 and SC-450. 32 m. FN FAL (or FN LAR) and FN FNC. 33 n. FN FS2000, FN PS90, and FN SCAR. 34 o. Galil and UZI Sporter, Galil sniper rifle (Galatz), 35 Galil Sporter, UZI, or Vector Arms UZI. 36 p. Goncz High-Tech carbine. 37 q. Hi-Point carbine. 38 r. HK-91, HK-93, HK-94, HK-PSG-1, and SP-89. 39 s. Kel-Tec RFB, Sub-2000, and SU series. 40 t. M1 carbine. 41 u. M2HB and TNW M230. 42 v. Ruger Mini-14 with folding stock. 43 w. SAR-8, SAR-4800, and SR9. 44 x. SIG 57 AMT and 500 Series. 45 y. Sig Sauer MCX rifle. 46 z. SKS capable of accepting a detachable magazine. 47 aa. SLG 95. 48 bb. SLR 95 and 96. 49 cc. Spectre automatic carbine. 50 dd. Springfield Armory BM59, G-3, and SAR-48. 51 ee. Sterling MK-6 and MK-7. 52 ff. Steyr AUG. 53 gg. Thompson series, including Thompson T5. 54 hh. Weaver Arms Nighthawk. 55 2. All of the following handguns, copies, duplicates, or 56 altered facsimiles with the capability of any such weapon 57 thereof: 58 a. AK-47 pistol and Mini AK-47 pistol. 59 b. AR-15 pistol. 60 c. Australian Automatic Arms SAP pistol. 61 d. Bushmaster automatic pistol. 62 e. Calico Liberty series pistols. 63 f. Chiappa Firearms Mfour-22. 64 g. Colefire Magnum. 65 h. DSA SA58 PKP FAL. 66 i. Encom MK-IV, MP-9, and MP-45. 67 j. Feather AT-9 and Mini-AT. 68 k. German Sport 522 PK. 69 l. Goncz High-Tech Long pistol. 70 m. Holmes MP-83. 71 n. Intratec AB-10, TEC-9, TEC-22 Scorpion, and TEC-DC9. 72 o. I.O. Inc., PPS-43C. 73 p. Iver Johnson Enforcer. 74 q. Kel-Tec PLR-16 pistol. 75 r. MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and 76 Velocity Arms VMA series. 77 s. Scarab Skorpion. 78 t. Sig Sauer P556 pistol. 79 u. Spectre automatic pistol. 80 v. Thompson TA5 series pistols. 81 w. UZI pistol and Micro-UZI pistol. 82 x. Wilkinson “Linda” pistol. 83 3. All of the following shotguns, copies, duplicates, or 84 altered facsimiles with the capability of any such weapon 85 thereof: 86 a. Armscor 30 BG. 87 b. Franchi LAW-12 and SPAS-12. 88 c. Kel-Tec KSG. 89 d. Remington TAC-2 and TACB3 FS. 90 e. Saiga. 91 f. Streetsweeper. 92 g. Striker 12. 93 h. USAS-12. 94 4. A part or combination of parts that converts a firearm 95 into an assault weapon, or any combination of parts from which 96 an assault weapon may be assembled if those parts are in the 97 possession or under the control of the same person. 98 5. A semiautomatic firearm not listed in this paragraph 99 which meets the criteria of one of the following sub 100 subparagraphs: 101 a. A semiautomatic rifle that has an ability to accept a 102 detachable magazine and that has one or more of the following: 103 (I) A folding or telescoping stock. 104 (II) A pistol grip that protrudes conspicuously beneath the 105 action of the weapon or any feature functioning as a protruding 106 grip that can be held by the nontrigger hand, or a thumbhole 107 stock. 108 (III) A bayonet mount. 109 (IV) A flash suppressor or threaded barrel designed to 110 accommodate a flash suppressor. 111 (V) A grenade launcher. 112 (VI) A shroud that is attached to the barrel, or that 113 partially or completely encircles the barrel and allows the 114 bearer to hold the firearm with the nontrigger hand without 115 being burned, but excluding a slide that encloses the barrel. 116 b. A semiautomatic pistol that has an ability to accept a 117 detachable magazine and that has one or more of the following: 118 (I) The capacity to accept an ammunition magazine that 119 attaches to the pistol at any location outside the pistol grip. 120 (II) A threaded barrel capable of accepting a barrel 121 extender, flash suppressor, forward handgrip, or silencer. 122 (III) A slide that encloses the barrel and that allows the 123 shooter to hold the firearm with the nontrigger hand without 124 being burned. 125 (IV) A manufactured weight of 50 ounces or more when the 126 pistol is unloaded. 127 (V) A semiautomatic version of an automatic firearm. 128 (VI) Any feature capable of functioning as a protruding 129 grip that can be held by the nontrigger hand. 130 (VII) A folding, telescoping, or thumbhole stock. 131 c. A semiautomatic shotgun that has one or more of the 132 following: 133 (I) A folding or telescoping stock. 134 (II) A pistol grip that protrudes conspicuously beneath the 135 action of the weapon. 136 (III) A thumbhole stock. 137 (IV) A fixed-magazine capacity in excess of 5 rounds. 138 (V) An ability to accept a detachable magazine. 139 d. A semiautomatic pistol or a semiautomatic, centerfire, 140 or rimfire rifle with a fixed magazine that has the capacity to 141 accept more than 10 rounds of ammunition. 142 e. A part or combination of parts designed or intended to 143 convert a firearm into an assault weapon, or any combination of 144 parts from which an assault weapon may be assembled if those 145 parts are in the possession or under the control of the same 146 person. 147 (b) “Detachable magazine” means an ammunition feeding 148 device that can be removed from a firearm without disassembly of 149 the firearm action. 150 (c) “Fixed magazine” means an ammunition feeding device 151 contained in, or permanently attached to, a firearm in such a 152 manner that the device cannot be removed without disassembly of 153 the firearm action. 154 (d) “Large-capacity magazine” means any ammunition feeding 155 device with the capacity to accept more than 7 rounds, or any 156 conversion kit, part, or combination of parts from which such a 157 device can be assembled if those parts are in the possession or 158 under the control of the same person, but does not include any 159 of the following: 160 1. A feeding device that has been permanently altered so 161 that it cannot accommodate more than 7 rounds; 162 2. A .22 caliber tube ammunition feeding device; or 163 3. A tubular magazine that is contained in a lever-action 164 firearm. 165 (e) “Licensed gun dealer” means a person who has a federal 166 firearms license. 167 (2) SALE OR TRANSFER.— 168 (a) A person may not import into this state or, within this 169 state, distribute, transport, sell, keep for sale, offer or 170 expose for sale, or give an assault weapon or large-capacity 171 magazine. Except as provided in paragraph (b), any person who 172 violates this paragraph commits a felony of the third degree, 173 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 174 with a mandatory minimum term of imprisonment of 2 years. 175 (b) A person may not transfer, sell, or give an assault 176 weapon or large-capacity magazine to a person under 18 years of 177 age. Any person who violates this paragraph commits a felony of 178 the second degree, punishable as provided in s. 775.082, s. 179 775.083, or s. 775.084, with a mandatory minimum term of 180 imprisonment of 6 years. 181 (c) Paragraph (a) does not apply to: 182 1. The sale of assault weapons or large-capacity magazines 183 to the Department of Law Enforcement, to a law enforcement 184 agency, as defined in s. 934.02, to the Department of 185 Corrections, or to the military, air, or naval forces of this 186 state or the United States for use in the discharge of their 187 official duties. 188 2. A person who is the executor or administrator of an 189 estate that includes an assault weapon or large-capacity 190 magazine for which a certificate of possession has been issued 191 under subsection (4) which is disposed of as authorized by the 192 probate court, if the disposition is otherwise authorized under 193 this section. 194 3. The transfer by bequest or intestate succession of an 195 assault weapon or large-capacity magazine for which a 196 certificate of possession has been issued under subsection (4). 197 (3) POSSESSION.— 198 (a) Except as provided in subsection (5) or otherwise 199 provided in this section or authorized by any other law, a 200 person may not, within this state, possess an assault weapon or 201 large-capacity magazine. Any person who violates this paragraph 202 commits a felony of the third degree, punishable as provided in 203 s. 775.082, s. 775.083, or s. 775.084, with a mandatory minimum 204 term of imprisonment of 1 year. 205 (b) Paragraph (a) does not apply to the possession of an 206 assault weapon or large-capacity magazine by a member or 207 employee of the Department of Law Enforcement, a law enforcement 208 agency, as defined in s. 934.02, the Department of Corrections, 209 or the military, air, or naval forces of this state or of the 210 United States for use in the discharge of his or her official 211 duties; nor does this section prohibit the possession or use of 212 an assault weapon or large-capacity magazine by a sworn member 213 of one of these agencies when on duty and the use is within the 214 scope of his or her duties. 215 (c) Paragraph (a) does not apply to the possession of an 216 assault weapon or large-capacity magazine by any person before 217 July 1, 2019, if all of the following are applicable: 218 1. The person is eligible to apply for a certificate of 219 possession for the assault weapon or large-capacity magazine by 220 July 1, 2019; 221 2. The person lawfully possessed the assault weapon or 222 large-capacity magazine before October 1, 2018; and 223 3. The person is otherwise in compliance with this section 224 and the applicable requirements of this chapter for possession 225 of a firearm. 226 (d) Paragraph (a) does not apply to a person who is the 227 executor or administrator of an estate that includes an assault 228 weapon or large-capacity magazine for which a certificate of 229 possession has been issued under subsection (4), if the assault 230 weapon or large-capacity magazine is possessed at a place set 231 forth in subparagraph (4)(c)1. or as authorized by the probate 232 court. 233 (4) CERTIFICATE OF POSSESSION.— 234 (a) Any person who lawfully possesses an assault weapon or 235 large-capacity magazine before October 1, 2018, shall apply by 236 October 1, 2019, or, if such person is a member of the military 237 or naval forces of this state or of the United States and cannot 238 apply by October 1, 2019, because he or she is or was on 239 official duty outside this state, shall apply within 90 days 240 after returning to this state, to the Department of Law 241 Enforcement for a certificate of possession with respect to such 242 assault weapon or large-capacity magazine. The certificate must 243 contain a description of the assault weapon or large-capacity 244 magazine which identifies the assault weapon or large-capacity 245 magazine uniquely, including all identification marks; the full 246 name, address, date of birth, and thumbprint of the owner; and 247 any other information as the department may deem appropriate. 248 The department shall adopt rules no later than January 1, 2019, 249 to establish procedures with respect to the application for, and 250 issuance of, certificates of possession under this section. 251 (b)1. An assault weapon or large-capacity magazine lawfully 252 possessed in accordance with this section may not be sold or 253 transferred on or after January 1, 2019, to any person within 254 this state other than to a licensed gun dealer, as provided in 255 subsection (5); or by a bequest or intestate succession. 256 2. A person who obtains title to an assault weapon or 257 large-capacity magazine for which a certificate of possession 258 has been issued under this subsection shall, within 90 days 259 after obtaining title, apply to the Department of Law 260 Enforcement for a certificate of possession, render the assault 261 weapon or large-capacity magazine permanently inoperable, sell 262 the assault weapon or large-capacity magazine to a licensed gun 263 dealer, or remove the assault weapon or large-capacity magazine 264 from this state. 265 3. A person who moves into this state and who is in lawful 266 possession of an assault weapon or large-capacity magazine, 267 shall, within 90 days, either render the assault weapon or 268 large-capacity magazine permanently inoperable, sell the assault 269 weapon or large-capacity magazine to a licensed gun dealer, or 270 remove the assault weapon or large-capacity magazine from this 271 state, unless the person is a member of the military, air, or 272 naval forces of this state or of the United States, is in lawful 273 possession of an assault weapon or large-capacity magazine, and 274 has been transferred into this state after October 1, 2019. 275 (c) A person who has been issued a certificate of 276 possession for an assault weapon or large-capacity magazine 277 under this subsection may possess it only if the person is: 278 1. At the residence, the place of business, or any other 279 property owned by that person, or on a property owned by another 280 person with the owner’s express permission; 281 2. On the premises of a target range of a public or private 282 club or organization organized for the purpose of practicing 283 shooting at targets; 284 3. On a target range that holds a regulatory or business 285 license for the purpose of practicing shooting at that target 286 range; 287 4. On the premises of a licensed shooting club; 288 5. Attending an exhibition, display, or educational project 289 on firearms which is sponsored by, conducted under the auspices 290 of, or approved by a law enforcement agency or a nationally or 291 state-recognized entity that fosters proficiency in, or promotes 292 education about, firearms; or 293 6. Transporting the assault weapon or large-capacity 294 magazine between any of the places mentioned in this paragraph, 295 or from or to any licensed gun dealer for servicing or repair 296 pursuant to paragraph (7)(b), provided the assault weapon or 297 large-capacity magazine is transported as required by subsection 298 (7). 299 (5) CERTIFICATE OF TRANSFER.—If an owner of an assault 300 weapon or large-capacity magazine sells or transfers the weapon 301 or magazine to a licensed gun dealer, he or she shall, at the 302 time of delivery of the weapon, execute a certificate of 303 transfer and cause the certificate to be mailed or delivered to 304 the Department of Law Enforcement. The certificate must contain: 305 (a) The date of sale or transfer. 306 (b) The name and address of the seller or transferor and 307 the licensed gun dealer and their social security numbers or 308 driver license numbers. 309 (c) The licensed gun dealer’s federal firearms license 310 number. 311 (d) A description of the weapon, including the caliber of 312 the weapon and its make, model, and serial number. 313 (e) Any other information the Department of Law Enforcement 314 prescribes. 315 316 The licensed gun dealer shall present his or her driver license 317 or social security card and federal firearms license to the 318 seller or transferor for inspection at the time of purchase or 319 transfer. The Department of Law Enforcement shall maintain a 320 file of all certificates of transfer at its headquarters. 321 (6) RELINQUISHMENT.—An individual may arrange in advance to 322 relinquish an assault weapon or large-capacity magazine to a law 323 enforcement agency, as defined in s. 934.02, or the Department 324 of Law Enforcement. The assault weapon or large-capacity 325 magazine shall be transported in accordance with subsection (7). 326 (7) TRANSPORTATION.— 327 (a) A licensed gun dealer who lawfully purchases for resale 328 an assault weapon or large-capacity magazine pursuant to 329 subsection (2) may transport the assault weapon or large 330 capacity magazine between licensed gun dealers or out of this 331 state, but no person shall carry a loaded assault weapon 332 concealed from public view, or knowingly have in any motor 333 vehicle owned, operated, or occupied by him or her a loaded or 334 unloaded assault weapon, unless such weapon is kept in the trunk 335 of such vehicle or in a case or other container that is 336 inaccessible to the operator of or any passenger in such 337 vehicle. Any person who violates this paragraph commits a 338 misdemeanor of the second degree, punishable as provided in s. 339 775.082 or s. 775.083. Any licensed gun dealer may display the 340 assault weapon or large-capacity magazine at any gun show or 341 sell it to a resident outside this state. 342 (b) Any licensed gun dealer may transfer possession of any 343 assault weapon or large-capacity magazine received pursuant to 344 paragraph (a) to a gunsmith for purposes of accomplishing 345 service or repair of the same. Transfers are permissible only to 346 a gunsmith who is: 347 1. In the licensed gun dealer’s employ; or 348 2. Contracted by the licensed gun dealer for gunsmithing 349 services, provided the gunsmith holds a dealer’s license issued 350 pursuant to chapter 44 of Title 18 the United States Code, 18 351 U.S.C. ss. 921 et seq., and the regulations issued pursuant 352 thereto. 353 (8) CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION 354 NOT PROHIBITED.—This section does not prohibit any person, firm, 355 or corporation engaged in the business of manufacturing assault 356 weapons or large-capacity magazines in this state from 357 manufacturing or transporting assault weapons or large-capacity 358 magazines in this state for sale within this state in accordance 359 with subparagraph (2)(c)1. or for sale outside this state. 360 (9) EXCEPTION.—This section does not apply to any firearm 361 modified to render it permanently inoperable. 362 Section 19. Paragraph (a) of subsection (3) of section 363 775.087, Florida Statutes, is amended to read: 364 775.087 Possession or use of weapon; aggravated battery; 365 felony reclassification; minimum sentence.— 366 (3)(a)1. Any person who is convicted of a felony or an 367 attempt to commit a felony, regardless of whether the use of a 368 firearm is an element of the felony, and the conviction was for: 369 a. Murder; 370 b. Sexual battery; 371 c. Robbery; 372 d. Burglary; 373 e. Arson; 374 f. Aggravated battery; 375 g. Kidnapping; 376 h. Escape; 377 i. Sale, manufacture, delivery, or intent to sell, 378 manufacture, or deliver any controlled substance; 379 j. Aircraft piracy; 380 k. Aggravated child abuse; 381 l. Aggravated abuse of an elderly person or disabled adult; 382 m. Unlawful throwing, placing, or discharging of a 383 destructive device or bomb; 384 n. Carjacking; 385 o. Home-invasion robbery; 386 p. Aggravated stalking; or 387 q. Trafficking in cannabis, trafficking in cocaine, capital 388 importation of cocaine, trafficking in illegal drugs, capital 389 importation of illegal drugs, trafficking in phencyclidine, 390 capital importation of phencyclidine, trafficking in 391 methaqualone, capital importation of methaqualone, trafficking 392 in amphetamine, capital importation of amphetamine, trafficking 393 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 394 (GHB), trafficking in 1,4-Butanediol, trafficking in 395 Phenethylamines, or other violation of s. 893.135(1); 396 397 and during the commission of the offense, such person possessed 398 a semiautomatic firearm and its high-capacity detachable box 399 magazine, an assault weapon or large-capacity magazine as 400 defined in s. 790.30, or a machine gun as defined in s. 790.001, 401 shall be sentenced to a minimum term of imprisonment of 15 402 years. 403 2. Any person who is convicted of a felony or an attempt to 404 commit a felony listed in subparagraph (a)1., regardless of 405 whether the use of a weapon is an element of the felony, and 406 during the course of the commission of the felony such person 407 discharged a semiautomatic firearm and its high-capacity box 408 magazine, an assault weapon or large-capacity magazine as 409 defined in s. 790.30, or a “machine gun” as defined in s. 410 790.001 shall be sentenced to a minimum term of imprisonment of 411 20 years. 412 3. Any person who is convicted of a felony or an attempt to 413 commit a felony listed in subparagraph (a)1., regardless of 414 whether the use of a weapon is an element of the felony, and 415 during the course of the commission of the felony such person 416 discharged a semiautomatic firearm and its high-capacity box 417 magazine, an assault weapon or large-capacity magazine as 418 defined in s. 790.30, or a “machine gun” as defined in s. 419 790.001 and, as the result of the discharge, death or great 420 bodily harm was inflicted upon any person, the convicted person 421 shall be sentenced to a minimum term of imprisonment of not less 422 than 25 years and not more than a term of imprisonment of life 423 in prison. 424 Section 20. For the purpose of incorporating the amendment 425 made by this act to section 775.087, Florida Statutes, in a 426 reference thereto, section 27.366, Florida Statutes, is 427 reenacted to read: 428 27.366 Legislative intent and policy in cases meeting 429 criteria of s. 775.087(2) and (3).—It is the intent of the 430 Legislature that convicted criminal offenders who meet the 431 criteria in s. 775.087(2) and (3) be sentenced to the minimum 432 mandatory prison terms provided therein. It is the intent of the 433 Legislature to establish zero tolerance of criminals who use, 434 threaten to use, or avail themselves of firearms in order to 435 commit crimes and thereby demonstrate their lack of value for 436 human life. It is also the intent of the Legislature that 437 prosecutors should appropriately exercise their discretion in 438 those cases in which the offenders’ possession of the firearm is 439 incidental to the commission of a crime and not used in 440 furtherance of the crime, used in order to commit the crime, or 441 used in preparation to commit the crime. For every case in which 442 the offender meets the criteria in this act and does not receive 443 the mandatory minimum prison sentence, the state attorney must 444 explain the sentencing deviation in writing and place such 445 explanation in the case file maintained by the state attorney. 446 Section 21. For the purpose of incorporating the amendment 447 made by this act to section 775.087, Florida Statutes, in a 448 reference thereto, paragraph (b) of subsection (1) of section 449 921.0024, Florida Statutes, is reenacted to read: 450 921.0024 Criminal Punishment Code; worksheet computations; 451 scoresheets.— 452 (1) 453 (b) WORKSHEET KEY: 454 455 Legal status points are assessed when any form of legal status 456 existed at the time the offender committed an offense before the 457 court for sentencing. Four (4) sentence points are assessed for 458 an offender’s legal status. 459 460 Community sanction violation points are assessed when a 461 community sanction violation is before the court for sentencing. 462 Six (6) sentence points are assessed for each community sanction 463 violation and each successive community sanction violation, 464 unless any of the following apply: 465 1. If the community sanction violation includes a new 466 felony conviction before the sentencing court, twelve (12) 467 community sanction violation points are assessed for the 468 violation, and for each successive community sanction violation 469 involving a new felony conviction. 470 2. If the community sanction violation is committed by a 471 violent felony offender of special concern as defined in s. 472 948.06: 473 a. Twelve (12) community sanction violation points are 474 assessed for the violation and for each successive violation of 475 felony probation or community control where: 476 I. The violation does not include a new felony conviction; 477 and 478 II. The community sanction violation is not based solely on 479 the probationer or offender’s failure to pay costs or fines or 480 make restitution payments. 481 b. Twenty-four (24) community sanction violation points are 482 assessed for the violation and for each successive violation of 483 felony probation or community control where the violation 484 includes a new felony conviction. 485 486 Multiple counts of community sanction violations before the 487 sentencing court shall not be a basis for multiplying the 488 assessment of community sanction violation points. 489 490 Prior serious felony points: If the offender has a primary 491 offense or any additional offense ranked in level 8, level 9, or 492 level 10, and one or more prior serious felonies, a single 493 assessment of thirty (30) points shall be added. For purposes of 494 this section, a prior serious felony is an offense in the 495 offender’s prior record that is ranked in level 8, level 9, or 496 level 10 under s. 921.0022 or s. 921.0023 and for which the 497 offender is serving a sentence of confinement, supervision, or 498 other sanction or for which the offender’s date of release from 499 confinement, supervision, or other sanction, whichever is later, 500 is within 3 years before the date the primary offense or any 501 additional offense was committed. 502 503 Prior capital felony points: If the offender has one or more 504 prior capital felonies in the offender’s criminal record, points 505 shall be added to the subtotal sentence points of the offender 506 equal to twice the number of points the offender receives for 507 the primary offense and any additional offense. A prior capital 508 felony in the offender’s criminal record is a previous capital 509 felony offense for which the offender has entered a plea of nolo 510 contendere or guilty or has been found guilty; or a felony in 511 another jurisdiction which is a capital felony in that 512 jurisdiction, or would be a capital felony if the offense were 513 committed in this state. 514 515 Possession of a firearm, semiautomatic firearm, or machine gun: 516 If the offender is convicted of committing or attempting to 517 commit any felony other than those enumerated in s. 775.087(2) 518 while having in his or her possession: a firearm as defined in 519 s. 790.001(6), an additional eighteen (18) sentence points are 520 assessed; or if the offender is convicted of committing or 521 attempting to commit any felony other than those enumerated in 522 s. 775.087(3) while having in his or her possession a 523 semiautomatic firearm as defined in s. 775.087(3) or a machine 524 gun as defined in s. 790.001(9), an additional twenty-five (25) 525 sentence points are assessed. 526 527 Sentencing multipliers: 528 529 Drug trafficking: If the primary offense is drug trafficking 530 under s. 893.135, the subtotal sentence points are multiplied, 531 at the discretion of the court, for a level 7 or level 8 532 offense, by 1.5. The state attorney may move the sentencing 533 court to reduce or suspend the sentence of a person convicted of 534 a level 7 or level 8 offense, if the offender provides 535 substantial assistance as described in s. 893.135(4). 536 537 Law enforcement protection: If the primary offense is a 538 violation of the Law Enforcement Protection Act under s. 539 775.0823(2), (3), or (4), the subtotal sentence points are 540 multiplied by 2.5. If the primary offense is a violation of s. 541 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 542 are multiplied by 2.0. If the primary offense is a violation of 543 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement 544 Protection Act under s. 775.0823(10) or (11), the subtotal 545 sentence points are multiplied by 1.5. 546 547 Grand theft of a motor vehicle: If the primary offense is grand 548 theft of the third degree involving a motor vehicle and in the 549 offender’s prior record, there are three or more grand thefts of 550 the third degree involving a motor vehicle, the subtotal 551 sentence points are multiplied by 1.5. 552 553 Offense related to a criminal gang: If the offender is convicted 554 of the primary offense and committed that offense for the 555 purpose of benefiting, promoting, or furthering the interests of 556 a criminal gang as defined in s. 874.03, the subtotal sentence 557 points are multiplied by 1.5. If applying the multiplier results 558 in the lowest permissible sentence exceeding the statutory 559 maximum sentence for the primary offense under chapter 775, the 560 court may not apply the multiplier and must sentence the 561 defendant to the statutory maximum sentence. 562 563 Domestic violence in the presence of a child: If the offender is 564 convicted of the primary offense and the primary offense is a 565 crime of domestic violence, as defined in s. 741.28, which was 566 committed in the presence of a child under 16 years of age who 567 is a family or household member as defined in s. 741.28(3) with 568 the victim or perpetrator, the subtotal sentence points are 569 multiplied by 1.5. 570 571 Adult-on-minor sex offense: If the offender was 18 years of age 572 or older and the victim was younger than 18 years of age at the 573 time the offender committed the primary offense, and if the 574 primary offense was an offense committed on or after October 1, 575 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the 576 violation involved a victim who was a minor and, in the course 577 of committing that violation, the defendant committed a sexual 578 battery under chapter 794 or a lewd act under s. 800.04 or s. 579 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 580 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 581 800.04; or s. 847.0135(5), the subtotal sentence points are 582 multiplied by 2.0. If applying the multiplier results in the 583 lowest permissible sentence exceeding the statutory maximum 584 sentence for the primary offense under chapter 775, the court 585 may not apply the multiplier and must sentence the defendant to 586 the statutory maximum sentence. 587 Section 22. For the purpose of incorporating the amendment 588 made by this act to section 775.087, Florida Statutes, in a 589 reference thereto, paragraph (b) of subsection (3) of section 590 947.146, Florida Statutes, is reenacted to read: 591 947.146 Control Release Authority.— 592 (3) Within 120 days prior to the date the state 593 correctional system is projected pursuant to s. 216.136 to 594 exceed 99 percent of total capacity, the authority shall 595 determine eligibility for and establish a control release date 596 for an appropriate number of parole ineligible inmates committed 597 to the department and incarcerated within the state who have 598 been determined by the authority to be eligible for 599 discretionary early release pursuant to this section. In 600 establishing control release dates, it is the intent of the 601 Legislature that the authority prioritize consideration of 602 eligible inmates closest to their tentative release date. The 603 authority shall rely upon commitment data on the offender 604 information system maintained by the department to initially 605 identify inmates who are to be reviewed for control release 606 consideration. The authority may use a method of objective risk 607 assessment in determining if an eligible inmate should be 608 released. Such assessment shall be a part of the department’s 609 management information system. However, the authority shall have 610 sole responsibility for determining control release eligibility, 611 establishing a control release date, and effectuating the 612 release of a sufficient number of inmates to maintain the inmate 613 population between 99 percent and 100 percent of total capacity. 614 Inmates who are ineligible for control release are inmates who 615 are parole eligible or inmates who: 616 (b) Are serving the mandatory minimum portion of a sentence 617 enhanced under s. 775.087(2) or (3), or s. 784.07(3); 618 619 In making control release eligibility determinations under this 620 subsection, the authority may rely on any document leading to or 621 generated during the course of the criminal proceedings, 622 including, but not limited to, any presentence or postsentence 623 investigation or any information contained in arrest reports 624 relating to circumstances of the offense. 625 626 ================= T I T L E A M E N D M E N T ================ 627 And the title is amended as follows: 628 Delete line 2 629 and insert: 630 An act relating to veteran identification and gun 631 safety; creating s. 790.30, F.S.; defining terms; 632 prohibiting the sale or transfer of an assault weapon 633 or large-capacity magazine; providing exceptions; 634 providing criminal penalties; prohibiting possession 635 of an assault weapon or large-capacity magazine; 636 providing exceptions; providing criminal penalties; 637 requiring certificates of possession for assault 638 weapons or large-capacity magazines lawfully possessed 639 before a specified date; requiring the Department of 640 Law Enforcement to adopt rules by a certain date; 641 limiting transfers of assault weapons or large 642 capacity magazines represented by such certificates; 643 providing conditions for continued possession of such 644 weapons or large-capacity magazines; requiring 645 certificates of transfer for transfers of assault 646 weapons or large-capacity magazines; providing for 647 relinquishment of assault weapons or large-capacity 648 magazines; providing requirements for transportation 649 of assault weapons or large-capacity magazines; 650 providing criminal penalties; specifying circumstances 651 in which the manufacture or transportation of assault 652 weapons or large-capacity magazines is not prohibited; 653 exempting permanently inoperable firearms from 654 provisions; amending s. 775.087, F.S.; providing 655 enhanced criminal penalties for certain offenses when 656 committed with an assault weapon or large-capacity 657 magazine; reenacting ss. 27.366, 921.0024(1)(b), and 658 947.146(3)(b), F.S., relating to legislative intent 659 and policy in certain cases, the Criminal Punishment 660 Code worksheet key, and the Control Release Authority, 661 respectively, to incorporate the amendment made to s. 662 775.087, F.S., in references thereto; creating s.