Florida Senate - 2022                                     SB 214
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00132-22                                            2022214__
    1                        A bill to be entitled                      
    2         An act relating to assault weapons and large-capacity
    3         magazines; creating s. 790.301, F.S.; defining terms;
    4         prohibiting the sale or transfer of an assault weapon
    5         or a large-capacity magazine; providing exceptions;
    6         providing criminal penalties; prohibiting possession
    7         of an assault weapon or a large-capacity magazine;
    8         providing exceptions; providing criminal penalties;
    9         requiring certificates of possession for assault
   10         weapons or large-capacity magazines lawfully possessed
   11         before a specified date; providing requirements for
   12         the certificates; requiring the Department of Law
   13         Enforcement to adopt rules by a specified date;
   14         specifying the form of the certificates; limiting
   15         sales or transfers of assault weapons or large
   16         capacity magazines documented by such certificates;
   17         providing conditions for continued possession of such
   18         weapons or large-capacity magazines; providing
   19         requirements for an applicant who fails to qualify for
   20         such a certificate; requiring certificates of transfer
   21         for transfers of certain assault weapons or large
   22         capacity magazines; providing requirements for
   23         certificates of transfer; requiring the department to
   24         maintain a file of such certificates; providing for
   25         relinquishment of assault weapons or large-capacity
   26         magazines; providing requirements for transportation
   27         of assault weapons or large-capacity magazines under
   28         certain circumstances; providing criminal penalties;
   29         specifying circumstances in which the manufacture or
   30         transportation of assault weapons or large-capacity
   31         magazines is not prohibited; exempting permanently
   32         inoperable firearms from certain provisions; amending
   33         s. 775.087, F.S.; providing enhanced criminal
   34         penalties for certain offenses when committed with an
   35         assault weapon or a large-capacity magazine; providing
   36         for severability; providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 790.301, Florida Statutes, is created to
   41  read:
   42         790.301Assault weapons.—
   43         (1)DEFINITIONS.—As used in this section, the term:
   44         (a)1.“Assault weapon” means any selective-fire firearm
   45  capable of fully automatic, semiautomatic, or burst fire at the
   46  option of the user or any of the following specified
   47  semiautomatic firearms:
   48         a.All AK series, including, but not limited to, the
   49  following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90,
   50  NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47,
   51  and Vector Arms AK-47.
   52         b.All AR series, including, but not limited to, the
   53  following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and
   54  M15, Olympic Arms, AR70, DPMS Tactical Rifles, Smith & Wesson
   55  M&P15 Rifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar
   56  AR rifles.
   57         c.Algimec AGM1.
   58         d.Barrett 82A1 and REC7.
   59         e.Beretta AR-70 and Beretta Storm.
   60         f.Bushmaster Auto Rifle.
   61         g.Calico Liberty series.
   62         h.Chartered Industries of Singapore SR-88.
   63         i.Colt Sporter.
   64         j.Daewoo K-1, K-2, Max-1, and Max-2.
   65         k.FAMAS MAS 223.
   66         l.Federal XC-900 and SC-450.
   67         m.Fabrique National FN/FAL, FN/LAR, or FNC.
   68         n.FNH PS90, SCAR, and FS2000.
   69         o.Goncz High Tech Carbine.
   70         p.Hi-Point Carbine.
   71         q.HK-91, HK-93, HK-94, SP-89, or HK-PSG-1.
   72         r.Kel-Tec Sub-2000, SU series, RFB.
   73         s.M1 Carbine.
   74         t.SAR-8, SAR-4800, SR9.
   75         u.SIG 57 AMT and 500 Series.
   76         v.SIG Sauer MCX Rifle.
   77         w.SKS capable of accepting a detachable magazine.
   78         x.SLG 95.
   79         y.SLR 95 or 96.
   80         z.Spectre Auto Carbine.
   81         aa.Springfield Armory BM59, SAR-48, and G-3.
   82         bb.Sterling MK-6 and MK-7.
   83         cc.Steyr AUG.
   84         dd.Sturm Ruger Mini-14 with folding stock.
   85         ee.TNW M230 and M2HB.
   86         ff.Thompson types, including Thompson T5.
   87         gg.UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper
   88  Rifle (Galatz), or Vector Arms UZI.
   89         hh.Weaver Arms Nighthawk.
   90         2.All of the following handguns, or copies, duplicates, or
   91  altered facsimiles with the capability of any such weapon:
   92         a.AK-47 pistol and Mini AK-47 pistol.
   93         b.AR-15 pistol.
   94         c.Australian Automatic Arms SAP pistol.
   95         d.Bushmaster Auto Pistol.
   96         e.Calico Liberty series pistols.
   97         f.Encom MK-IV, MP-9, and MP-45.
   98         g.Feather AT-9 and Mini-AT.
   99         h.Goncz High Tech Long pistol.
  100         i.Holmes MP-83.
  101         j.Iver Johnson Enforcer.
  102         k.MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
  103  Velocity Arms VMA series.
  104         l.Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10.
  105         m.UZI pistol, Micro-UZI pistol.
  106         n.Colefire Magnum.
  107         o.Scarab Skorpion.
  108         p.Spectre Auto pistol.
  109         q.German Sport 522 PK.
  110         r.Chiappa Firearms Mfour-22.
  111         s.DSA SA58 PKP FAL.
  112         t.I.O. Inc. PPS-43C.
  113         u.Kel-Tec PLR-16 pistol.
  114         v.SIG Sauer P556 pistol.
  115         w.Thompson TA5 series pistols.
  116         x.Wilkinson “Linda” pistol.
  117         3.All of the following shotguns, or copies, duplicates, or
  118  altered facsimiles with the capability of any such weapon:
  119         a.Armscor 30 BG.
  120         b.Franchi SPAS-12 and Law-12.
  121         c.Remington TAC-2 or TACB3 FS.
  122         d.SPAS 12 or LAW 12.
  123         e.Striker 12.
  124         f.Streetsweeper.
  125         g.Saiga.
  126         h.USAS-12.
  127         i.Kel-Tec KSG.
  128         4.A part or combination of parts which converts a firearm
  129  into an assault weapon, or any combination of parts from which
  130  an assault weapon may be assembled if those parts are in the
  131  possession or under the control of the same person.
  132         5.Any semiautomatic firearm not listed in subparagraphs
  133  1.-4. which meets any of the following criteria:
  134         a.A semiautomatic rifle that has an ability to accept a
  135  detachable magazine and has one or more of the following:
  136         (I)A folding or telescoping stock;
  137         (II)A pistol grip, a thumbhole stock or Thordsen-type grip
  138  or stock, or any other characteristic that can function as a
  139  grip;
  140         (III)A bayonet mount;
  141         (IV)A flash suppressor or threaded barrel designed to
  142  accommodate a flash suppressor;
  143         (V)A grenade launcher; or
  144         (VI)A shroud attached to the barrel, or that partially or
  145  completely encircles the barrel, allowing the bearer to hold the
  146  firearm with the non-trigger hand without being burned, but
  147  excludes a slide that encloses the barrel.
  148         b.A semiautomatic pistol that has an ability to accept a
  149  detachable magazine and has one or more of the following:
  150         (I)The capacity to accept a large-capacity magazine that
  151  attaches to the pistol at any location outside of the pistol
  152  grip;
  153         (II)A threaded barrel capable of accepting a barrel
  154  extender, flash suppressor, forward handgrip, or silencer;
  155         (III)A slide that encloses the barrel and that permits the
  156  shooter to hold the firearm with the non-trigger hand without
  157  being burned;
  158         (IV)A manufactured weight of 50 ounces or more when the
  159  pistol is unloaded;
  160         (V)A semiautomatic version of an automatic firearm;
  161         (VI)Any feature capable of functioning as a protruding
  162  grip that can be held by the non-trigger hand; or
  163         (VII)A folding, telescoping, or thumbhole stock.
  164         c.A semiautomatic shotgun that has one or more of the
  165  following:
  166         (I)A folding or telescoping stock;
  167         (II)A pistol grip, a thumbhole stock or Thordsen-type grip
  168  or stock, or any other characteristic that can function as a
  169  grip;
  170         (III)A thumbhole stock;
  171         (IV)A fixed magazine capacity in excess of 5 rounds; or
  172         (V)An ability to accept a detachable magazine.
  173         d.Any semiautomatic pistol or any semiautomatic,
  174  centerfire, or rimfire rifle with a fixed magazine that has the
  175  capacity to accept more than 10 rounds of ammunition.
  176         e.A part or combination of parts designed or intended to
  177  convert a firearm into an assault weapon, or any combination of
  178  parts from which an assault weapon may be assembled if those
  179  parts are in the possession or under the control of the same
  180  person.
  181         (b)“Detachable magazine” means an ammunition feeding
  182  device that can be removed from a firearm without disassembly of
  183  the firearm action.
  184         (c)“Fixed magazine” means an ammunition feeding device
  185  contained in, or permanently attached to, a firearm in such a
  186  manner that the device cannot be removed without disassembly of
  187  the firearm action.
  188         (d)“Large-capacity magazine” means an ammunition feeding
  189  device with the capacity to accept more than 10 rounds, or any
  190  conversion kit, part, or combination of parts from which such a
  191  device can be assembled if those parts are in the possession or
  192  under the control of the same person, but does not include any
  193  of the following:
  194         1.A feeding device that has been permanently altered so
  195  that it cannot accommodate more than 10 rounds;
  196         2.A .22 caliber tube ammunition feeding device; or
  197         3.A tubular magazine that is contained in a lever-action
  198  firearm.
  199         (e)“Licensed gun dealer” means a person who has a federal
  200  firearms license.
  201         (2)SALE OR TRANSFER.—
  202         (a)A person who, within this state, distributes,
  203  transports, or imports into this state, sells, keeps for sale,
  204  or offers or exposes for sale, or who gives an assault weapon or
  205  a large-capacity magazine in violation of this section, except
  206  as provided in paragraph (c), commits a felony of the third
  207  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  208  775.084, with a mandatory minimum term of imprisonment of 2
  209  years.
  210         (b)A person who transfers, sells, or gives an assault
  211  weapon or a large-capacity magazine to a person under 18 years
  212  of age in violation of this section commits a felony of the
  213  second degree, punishable as provided in s. 775.082, s. 775.083,
  214  or s. 775.084, with a mandatory minimum term of imprisonment of
  215  6 years.
  216         (c)Paragraph (a) does not apply to:
  217         1.The sale of assault weapons or large-capacity magazines
  218  to the Department of Law Enforcement, a law enforcement agency
  219  as defined in s. 934.02, the Department of Corrections, or the
  220  military or naval forces of this state or of the United States
  221  for use in the discharge of their official duties.
  222         2.A person who is the executor or administrator of an
  223  estate that includes an assault weapon or a large-capacity
  224  magazine for which a certificate of possession has been issued
  225  under subsection (4) and which is disposed of as authorized by
  226  the probate court, if the disposition is otherwise permitted
  227  under this section.
  228         3.The transfer by bequest or intestate succession of an
  229  assault weapon or a large-capacity magazine for which a
  230  certificate of possession has been issued under subsection (4).
  231         (3)POSSESSION.—
  232         (a)Except as provided in subsection (5), a person who,
  233  within this state, possesses any assault weapon or large
  234  capacity magazine, except as provided in this section or as
  235  otherwise authorized by law, commits a felony of the third
  236  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  237  775.084, with a mandatory minimum term of imprisonment of 1
  238  year.
  239         (b)Paragraph (a) does not apply to the possession of
  240  assault weapons or large-capacity magazines by members or
  241  employees of the Department of Law Enforcement, a law
  242  enforcement agency as defined in s. 934.02, the Department of
  243  Corrections, or the military or naval forces of this state or of
  244  the United States for use in the discharge of their official
  245  duties; nor does this section prohibit the possession or use of
  246  assault weapons or large-capacity magazines by sworn members of
  247  these agencies when on duty and the use is within the scope of
  248  their duties.
  249         (c)Paragraph (a) does not apply to the possession of an
  250  assault weapon or a large-capacity magazine by a person before
  251  July 1, 2023, if all of the following are applicable:
  252         1.The person is eligible to apply for a certificate of
  253  possession under subsection (4) for the assault weapon or large
  254  capacity magazine by July 1, 2023;
  255         2.The person lawfully possessed the assault weapon or
  256  large-capacity magazine before October 1, 2022; and
  257         3.The person is otherwise in compliance with this section
  258  and the applicable requirements of this chapter for possession
  259  of a firearm.
  260         (d)Paragraph (a) does not apply to a person who is the
  261  executor or administrator of an estate that includes an assault
  262  weapon or a large-capacity magazine for which a certificate of
  263  possession has been issued under subsection (4), if the assault
  264  weapon is possessed at a place set forth in subparagraph
  265  (4)(d)1. or as authorized by the probate court.
  266         (4)CERTIFICATE OF POSSESSION.—
  267         (a)A person who lawfully possesses an assault weapon or a
  268  large-capacity magazine before October 1, 2022, shall apply by
  269  October 1, 2023, or, if such person is a member of the military
  270  or naval forces of this state or of the United States and is
  271  unable to apply by October 1, 2023, because he or she is or was
  272  on official duty outside of this state, shall apply within 90
  273  days after returning to this state, to the Department of Law
  274  Enforcement for a certificate of possession with respect to such
  275  assault weapon or large-capacity magazine. The certificate must
  276  contain a description of the assault weapon or large-capacity
  277  magazine which identifies it uniquely, including all
  278  identification marks; the full name, address, date of birth, and
  279  thumbprint of the owner; and any other information as the
  280  department may deem appropriate. The department shall adopt
  281  rules no later than January 1, 2023, to establish procedures
  282  with respect to the application for, and issuance of,
  283  certificates of possession pursuant to this subsection. The
  284  thumbprint of the applicant shall be taken by a law enforcement
  285  agency or the Department of Law Enforcement together with any
  286  personal identifying information required by federal law to
  287  process fingerprints. Charges for thumbprint services under this
  288  paragraph are not subject to the sales tax on fingerprint
  289  services imposed in s. 212.05(1)(i). The Department of Law
  290  Enforcement shall conduct a background investigation pursuant to
  291  this subsection.
  292         (b)A certificate of possession issued under this
  293  subsection must be in substantially the following form:
  294             CERTIFICATE OF POSSESSION OF ASSAULT WEAPON           
  295         Certificate Number:
  296         Owner’s Name: (Last, First, Middle)
  297         Address: (Number, Street, City or Town, State, Zip Code) NO
  298  P.O. Boxes
  299         Date of Birth:
  300         Social Security Number (Optional, but will help prevent
  301  misidentification):
  302         Driver License Number and State:
  303         Manufacturer:
  304         Importer:
  305         Serial Number:
  306         Model:
  307         Caliber:
  308         Unique I.D./Markings:
  309         Signature of Owner
  310         Applicant’s Right Thumbprint
  311         (c)An assault weapon or a large-capacity magazine
  312  possessed pursuant to this section may not be sold or
  313  transferred on or after January 1, 2023, to a person within this
  314  state other than to a licensed gun dealer, as provided in
  315  subsection (5), or by a bequest or intestate succession. A
  316  person who obtains title to an assault weapon or a large
  317  capacity magazine for which a certificate of possession has been
  318  issued under this subsection by bequest or intestate succession
  319  shall, within 90 days after obtaining title, apply to the
  320  Department of Law Enforcement for a certificate of possession as
  321  provided in paragraph (a), render the assault weapon or large
  322  capacity magazine permanently inoperable, sell the weapon or
  323  large-capacity magazine to a licensed gun dealer, or remove the
  324  weapon or large-capacity magazine from this state. A person who
  325  moves into this state in lawful possession of an assault weapon
  326  or a large-capacity magazine shall, within 90 days, either
  327  render the weapon or large-capacity magazine permanently
  328  inoperable, sell the weapon or large-capacity magazine to a
  329  licensed gun dealer, or remove the weapon or large-capacity
  330  magazine from this state. This paragraph does not apply to a
  331  person who is a member of the military or naval forces of this
  332  state or of the United States, is in lawful possession of an
  333  assault weapon or a large-capacity magazine, and has been
  334  transferred into this state after October 1, 2023.
  335         (d)A person who has been issued a certificate of
  336  possession for an assault weapon or a large-capacity magazine
  337  under this section may possess it only under the following
  338  conditions:
  339         1.At that person’s residence, place of business, or other
  340  property owned by that person, or on property owned by another
  341  person with the owner’s express permission;
  342         2.While on the premises of a target range of a public or
  343  private club or organization organized for the purpose of
  344  practicing shooting at targets;
  345         3.While on a target range that holds a regulatory or
  346  business license for the purpose of practicing shooting at that
  347  target range;
  348         4.While on the premises of a licensed shooting club;
  349         5.While attending any exhibition, display, or educational
  350  project that is about firearms and is sponsored by, conducted
  351  under the auspices of, or approved by a law enforcement agency
  352  or a nationally or state-recognized entity that fosters
  353  proficiency in, or promotes education about, firearms; or
  354         6.While transporting the assault weapon or large-capacity
  355  magazine between any of the places mentioned in this subsection,
  356  or to any licensed gun dealer for servicing or repair pursuant
  357  to paragraph (7)(b), provided the assault weapon or large
  358  capacity magazine is transported as required by subsection (7).
  359         (e)If an applicant for a certificate of possession under
  360  this subsection fails to qualify for the certificate after the
  361  investigation required under this subsection, the applicant
  362  shall arrange to relinquish all assault weapons or large
  363  capacity magazines in his or her possession as provided in
  364  subsection (7) within 10 days after issuance of the notice of
  365  such failure. Such an applicant who fails to make such an
  366  arrangement within the time specified in this paragraph is
  367  thereafter in violation of this section.
  368         (5)CERTIFICATE OF TRANSFER.—If an owner of an assault
  369  weapon or a large-capacity magazine sells or transfers the
  370  weapon or magazine to a licensed gun dealer, he or she shall, at
  371  the time of delivery of the weapon, execute a certificate of
  372  transfer and cause the certificate to be mailed or delivered to
  373  the Department of Law Enforcement. The certificate must contain
  374  all of the following:
  375         (a)The date of sale or transfer.
  376         (b)The names and addresses of the seller or transferor and
  377  the licensed gun dealer and their social security numbers or
  378  driver license numbers.
  379         (c)The licensed gun dealer’s federal firearms license
  380  number.
  381         (d)A description of the weapon, including the caliber of
  382  the weapon and its make, model, and serial number.
  383         (e)Any other information the Department of Law Enforcement
  384  prescribes.
  385  
  386  The licensed gun dealer shall present his or her driver license
  387  or social security card and federal firearms license to the
  388  seller or transferor for inspection at the time of purchase or
  389  transfer. The Department of Law Enforcement shall maintain a
  390  file of all certificates of transfer at its headquarters.
  391         (6)RELINQUISHMENT.—An individual may arrange in advance to
  392  relinquish an assault weapon or a large-capacity magazine to a
  393  law enforcement agency as defined in s. 934.02 or to the
  394  Department of Law Enforcement. The assault weapon or large
  395  capacity magazine must be transported in accordance with
  396  subsection (7).
  397         (7)TRANSPORTATION.—
  398         (a)A licensed gun dealer who lawfully purchases for resale
  399  out of state an assault weapon or a large-capacity magazine
  400  pursuant to subsection (2) may transport the assault weapon or
  401  large-capacity magazine between dealers or out of this state,
  402  but a person may not carry a loaded assault weapon concealed
  403  from public view or knowingly have in any motor vehicle owned,
  404  operated, or occupied by him or her a loaded assault weapon or
  405  an unloaded assault weapon, unless such weapon is kept in the
  406  trunk of such vehicle or in a case or other container that is
  407  inaccessible to the operator of or any passenger in such
  408  vehicle. A person who violates this subsection commits a
  409  misdemeanor of the second degree, punishable as provided in s.
  410  775.082 or s. 775.083. Any licensed gun dealer may display the
  411  assault weapon or large-capacity magazine at any gun show or
  412  sell it to a buyer outside this state.
  413         (b)Any licensed gun dealer may transfer possession of any
  414  assault weapon or large-capacity magazine received pursuant to
  415  paragraph (a) to a gunsmith for purposes of accomplishing
  416  service or repair of the same. Transfers are permissible only to
  417  the following persons:
  418         1.A gunsmith who is in the dealer’s employ; or
  419         2.A gunsmith with whom the dealer has contracted for
  420  gunsmithing services, provided the gunsmith receiving the
  421  assault weapon holds a dealer’s license issued pursuant to
  422  chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss.
  423  921 et seq., and the regulations issued pursuant thereto.
  424         (8)CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
  425  NOT PROHIBITED.—This section does not prohibit any person, firm,
  426  or corporation engaged in the business of manufacturing assault
  427  weapons or large-capacity magazines in this state from
  428  manufacturing or transporting assault weapons or large-capacity
  429  magazines in this state for sale within this state in accordance
  430  with subparagraph (2)(c)1. or for sale outside this state.
  431         (9)EXCEPTION.—This section does not apply to any firearm
  432  modified to render it permanently inoperable.
  433         Section 2. Paragraph (a) of subsection (3) of section
  434  775.087, Florida Statutes, is amended to read:
  435         775.087 Possession or use of weapon; aggravated battery;
  436  felony reclassification; minimum sentence.—
  437         (3)(a)1. Any person who is convicted of a felony or an
  438  attempt to commit a felony, regardless of whether the use of a
  439  firearm is an element of the felony, and the conviction was for:
  440         a. Murder;
  441         b. Sexual battery;
  442         c. Robbery;
  443         d. Burglary;
  444         e. Arson;
  445         f. Aggravated battery;
  446         g. Kidnapping;
  447         h. Escape;
  448         i. Sale, manufacture, delivery, or intent to sell,
  449  manufacture, or deliver any controlled substance;
  450         j. Aircraft piracy;
  451         k. Aggravated child abuse;
  452         l. Aggravated abuse of an elderly person or disabled adult;
  453         m. Unlawful throwing, placing, or discharging of a
  454  destructive device or bomb;
  455         n. Carjacking;
  456         o. Home-invasion robbery;
  457         p. Aggravated stalking; or
  458         q. Trafficking in cannabis, trafficking in cocaine, capital
  459  importation of cocaine, trafficking in illegal drugs, capital
  460  importation of illegal drugs, trafficking in phencyclidine,
  461  capital importation of phencyclidine, trafficking in
  462  methaqualone, capital importation of methaqualone, trafficking
  463  in amphetamine, capital importation of amphetamine, trafficking
  464  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  465  (GHB), trafficking in 1,4-Butanediol, trafficking in
  466  Phenethylamines, or other violation of s. 893.135(1);
  467  
  468  and during the commission of the offense, such person possessed
  469  a semiautomatic firearm and its high-capacity detachable box
  470  magazine, an assault weapon or a large-capacity magazine as
  471  those terms are defined in s. 790.301, or a machine gun as
  472  defined in s. 790.001, shall be sentenced to a minimum term of
  473  imprisonment of 15 years.
  474         2. Any person who is convicted of a felony or an attempt to
  475  commit a felony listed in subparagraph (a)1., regardless of
  476  whether the use of a weapon is an element of the felony, and
  477  during the course of the commission of the felony such person
  478  discharged a semiautomatic firearm and its high-capacity box
  479  magazine, an assault weapon or a large-capacity magazine as
  480  those terms are defined in s. 790.301, or a “machine gun” as
  481  defined in s. 790.001 shall be sentenced to a minimum term of
  482  imprisonment of 20 years.
  483         3. Any person who is convicted of a felony or an attempt to
  484  commit a felony listed in subparagraph (a)1., regardless of
  485  whether the use of a weapon is an element of the felony, and
  486  during the course of the commission of the felony such person
  487  discharged a semiautomatic firearm and its high-capacity box
  488  magazine, an assault weapon or a large-capacity magazine as
  489  those terms are defined in s. 790.301, or a “machine gun” as
  490  defined in s. 790.001 and, as the result of the discharge, death
  491  or great bodily harm was inflicted upon any person, the
  492  convicted person shall be sentenced to a minimum term of
  493  imprisonment of not less than 25 years and not more than a term
  494  of imprisonment of life in prison.
  495         Section 3. If any provision of this act or its application
  496  to any person or circumstance is held invalid, the invalidity
  497  does not affect other provisions or applications of the act
  498  which can be given effect without the invalid provision or
  499  application, and to this end the provisions of this act are
  500  severable.
  501         Section 4. This act shall take effect October 1, 2022.