Florida Senate - 2025 SB 254
By Senator Polsky
30-00549-25 2025254__
1 A bill to be entitled
2 An act relating to firearms; amending s. 790.001,
3 F.S.; revising the definition of the term “machine
4 gun”; amending s. 921.0022, F.S.; ranking certain
5 offenses related to bump-fire stocks on level 5 of the
6 offense severity ranking chart of the Criminal
7 Punishment Code; reenacting ss. 775.087(3)(a) and (d),
8 784.07(3)(b), 790.06(1)(a), and 921.0024(1)(b), F.S.,
9 relating to required minimum sentences and legislative
10 intent, required minimum sentences, the definition of
11 the term “concealed weapon or concealed firearm,” and
12 the worksheet key for worksheet computations of the
13 Criminal Punishment Code, respectively, to incorporate
14 the amendment made to s. 790.001, F.S., in references
15 thereto; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (13) of section 790.001, Florida
20 Statutes, is amended to read:
21 790.001 Definitions.—As used in this chapter, except where
22 the context otherwise requires:
23 (13) “Machine gun” means any firearm that: which
24 (a) Shoots, or is designed to shoot, automatically more
25 than one shot, without manually reloading, by a single pull
26 function of the trigger; or
27 (b) Is modified by a conversion kit, a tool, an accessory,
28 or a device that is used to alter the rate of fire of the
29 firearm to mimic automatic weapon fire or that is used to
30 increase the rate of fire to a faster rate than is possible for
31 a person to fire such firearm unassisted by a conversion kit, a
32 tool, an accessory, or a device by a single pull of the trigger.
33 Section 2. Paragraph (e) of subsection (3) of section
34 921.0022, Florida Statutes, is amended to read:
35 921.0022 Criminal Punishment Code; offense severity ranking
36 chart.—
37 (3) OFFENSE SEVERITY RANKING CHART
38 (e) LEVEL 5
39
40 FloridaStatute FelonyDegree Description
41 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
42 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
43 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
44 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
45 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
46 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
47 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
48 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
49 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
50 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
51 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
52 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
53 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
54 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
55 790.01(3) 3rd Unlawful carrying of a concealed firearm.
56 790.162 2nd Threat to throw or discharge destructive device.
57 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
58 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
59 790.222 3rd Prohibited acts related to bump-fire stocks.
60 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
61 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
62 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
63 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
64 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
65 810.145(4)(c) 3rd Commercial digital voyeurism dissemination.
66 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
67 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
68 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
69 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
70 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
71 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
72 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
73 812.019(1) 2nd Stolen property; dealing in or trafficking in.
74 812.081(3) 2nd Trafficking in trade secrets.
75 812.131(2)(b) 3rd Robbery by sudden snatching.
76 812.16(2) 3rd Owning, operating, or conducting a chop shop.
77 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
78 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
79 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
80 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
81 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
82 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
83 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
84 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
85 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
86 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
87 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
88 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
89 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
90 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
91 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
92 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
93 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
94 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
95 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
96 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
97 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
98 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
99 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
100 Section 3. For the purpose of incorporating the amendment
101 made by this act to section 790.001, Florida Statutes, in
102 references thereto, paragraphs (a) and (d) of subsection (3) of
103 section 775.087, Florida Statutes, are reenacted to read:
104 775.087 Possession or use of weapon; aggravated battery;
105 felony reclassification; minimum sentence.—
106 (3)(a)1. Any person who is convicted of a felony or an
107 attempt to commit a felony, regardless of whether the use of a
108 firearm is an element of the felony, and the conviction was for:
109 a. Murder;
110 b. Sexual battery;
111 c. Robbery;
112 d. Burglary;
113 e. Arson;
114 f. Aggravated battery;
115 g. Kidnapping;
116 h. Escape;
117 i. Sale, manufacture, delivery, or intent to sell,
118 manufacture, or deliver any controlled substance;
119 j. Aircraft piracy;
120 k. Aggravated child abuse;
121 l. Aggravated abuse of an elderly person or disabled adult;
122 m. Unlawful throwing, placing, or discharging of a
123 destructive device or bomb;
124 n. Carjacking;
125 o. Home-invasion robbery;
126 p. Aggravated stalking;
127 q. Trafficking in cannabis, trafficking in cocaine, capital
128 importation of cocaine, trafficking in illegal drugs, capital
129 importation of illegal drugs, trafficking in phencyclidine,
130 capital importation of phencyclidine, trafficking in
131 methaqualone, capital importation of methaqualone, trafficking
132 in amphetamine, capital importation of amphetamine, trafficking
133 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
134 (GHB), trafficking in 1,4-Butanediol, trafficking in
135 Phenethylamines, or other violation of s. 893.135(1); or
136 r. Human trafficking
137
138 and during the commission of the offense, such person possessed
139 a semiautomatic firearm and its high-capacity detachable box
140 magazine or a machine gun as defined in s. 790.001, shall be
141 sentenced to a minimum term of imprisonment of 15 years.
142 2. Any person who is convicted of a felony or an attempt to
143 commit a felony listed in subparagraph 1., regardless of whether
144 the use of a weapon is an element of the felony, and during the
145 course of the commission of the felony such person discharged a
146 semiautomatic firearm and its high-capacity box magazine or a
147 “machine gun” as defined in s. 790.001 shall be sentenced to a
148 minimum term of imprisonment of 20 years.
149 3. Any person who is convicted of a felony or an attempt to
150 commit a felony listed in subparagraph 1., regardless of whether
151 the use of a weapon is an element of the felony, and during the
152 course of the commission of the felony such person discharged a
153 semiautomatic firearm and its high-capacity box magazine or a
154 “machine gun” as defined in s. 790.001 and, as the result of the
155 discharge, death or great bodily harm was inflicted upon any
156 person, the convicted person shall be sentenced to a minimum
157 term of imprisonment of not less than 25 years and not more than
158 a term of imprisonment of life in prison.
159 (d) It is the intent of the Legislature that offenders who
160 possess, carry, display, use, threaten to use, or attempt to use
161 a semiautomatic firearm and its high-capacity detachable box
162 magazine or a machine gun as defined in s. 790.001 be punished
163 to the fullest extent of the law, and the minimum terms of
164 imprisonment imposed pursuant to this subsection shall be
165 imposed for each qualifying felony count for which the person is
166 convicted. The court shall impose any term of imprisonment
167 provided for in this subsection consecutively to any other term
168 of imprisonment imposed for any other felony offense.
169 Section 4. For the purpose of incorporating the amendment
170 made by this act to section 790.001, Florida Statutes, in a
171 reference thereto, paragraph (b) of subsection (3) of section
172 784.07, Florida Statutes, is reenacted to read:
173 784.07 Assault or battery of law enforcement officers and
174 other specified personnel; reclassification of offenses; minimum
175 sentences.—
176 (3) Any person who is convicted of a battery under
177 paragraph (2)(b) and, during the commission of the offense, such
178 person possessed:
179 (b) A semiautomatic firearm and its high-capacity
180 detachable box magazine, as defined in s. 775.087(3), or a
181 machine gun as defined in s. 790.001, shall be sentenced to a
182 minimum term of imprisonment of 8 years.
183
184 Notwithstanding s. 948.01, adjudication of guilt or imposition
185 of sentence shall not be suspended, deferred, or withheld, and
186 the defendant is not eligible for statutory gain-time under s.
187 944.275 or any form of discretionary early release, other than
188 pardon or executive clemency, or conditional medical release
189 under s. 947.149, prior to serving the minimum sentence.
190 Section 5. For the purpose of incorporating the amendment
191 made by this act to section 790.001, Florida Statutes, in a
192 reference thereto, paragraph (a) of subsection (1) of section
193 790.06, Florida Statutes, is reenacted to read:
194 790.06 License to carry concealed weapon or concealed
195 firearm.—
196 (1)(a) For the purposes of this section, the term
197 “concealed weapon or concealed firearm” means a handgun,
198 electric weapon or device, tear gas gun, knife, or billie, but
199 does not include a machine gun as that term is defined in s.
200 790.001.
201 Section 6. For the purpose of incorporating the amendment
202 made by this act to section 790.001, Florida Statutes, in a
203 reference thereto, paragraph (b) of subsection (1) of section
204 921.0024, Florida Statutes, is reenacted to read:
205 921.0024 Criminal Punishment Code; worksheet computations;
206 scoresheets.—
207 (1)
208 (b) WORKSHEET KEY:
209
210 Legal status points are assessed when any form of legal status
211 existed at the time the offender committed an offense before the
212 court for sentencing. Four (4) sentence points are assessed for
213 an offender’s legal status.
214
215 Community sanction violation points are assessed when a
216 community sanction violation is before the court for sentencing.
217 Six (6) sentence points are assessed for each community sanction
218 violation and each successive community sanction violation,
219 unless any of the following apply:
220 1. If the community sanction violation includes a new
221 felony conviction before the sentencing court, twelve (12)
222 community sanction violation points are assessed for the
223 violation, and for each successive community sanction violation
224 involving a new felony conviction.
225 2. If the community sanction violation is committed by a
226 violent felony offender of special concern as defined in s.
227 948.06:
228 a. Twelve (12) community sanction violation points are
229 assessed for the violation and for each successive violation of
230 felony probation or community control where:
231 I. The violation does not include a new felony conviction;
232 and
233 II. The community sanction violation is not based solely on
234 the probationer or offender’s failure to pay costs or fines or
235 make restitution payments.
236 b. Twenty-four (24) community sanction violation points are
237 assessed for the violation and for each successive violation of
238 felony probation or community control where the violation
239 includes a new felony conviction.
240
241 Multiple counts of community sanction violations before the
242 sentencing court shall not be a basis for multiplying the
243 assessment of community sanction violation points.
244
245 Prior serious felony points: If the offender has a primary
246 offense or any additional offense ranked in level 8, level 9, or
247 level 10, and one or more prior serious felonies, a single
248 assessment of thirty (30) points shall be added. For purposes of
249 this section, a prior serious felony is an offense in the
250 offender’s prior record that is ranked in level 8, level 9, or
251 level 10 under s. 921.0022 or s. 921.0023 and for which the
252 offender is serving a sentence of confinement, supervision, or
253 other sanction or for which the offender’s date of release from
254 confinement, supervision, or other sanction, whichever is later,
255 is within 3 years before the date the primary offense or any
256 additional offense was committed.
257
258 Prior capital felony points: If the offender has one or more
259 prior capital felonies in the offender’s criminal record, points
260 shall be added to the subtotal sentence points of the offender
261 equal to twice the number of points the offender receives for
262 the primary offense and any additional offense. A prior capital
263 felony in the offender’s criminal record is a previous capital
264 felony offense for which the offender has entered a plea of nolo
265 contendere or guilty or has been found guilty; or a felony in
266 another jurisdiction which is a capital felony in that
267 jurisdiction, or would be a capital felony if the offense were
268 committed in this state.
269
270 Possession of a firearm, semiautomatic firearm, or machine gun:
271 If the offender is convicted of committing or attempting to
272 commit any felony other than those enumerated in s. 775.087(2)
273 while having in his or her possession: a firearm as defined in
274 s. 790.001, an additional eighteen (18) sentence points are
275 assessed; or if the offender is convicted of committing or
276 attempting to commit any felony other than those enumerated in
277 s. 775.087(3) while having in his or her possession a
278 semiautomatic firearm as defined in s. 775.087(3) or a machine
279 gun as defined in s. 790.001, an additional twenty-five (25)
280 sentence points are assessed.
281
282 Sentencing multipliers:
283
284 Drug trafficking: If the primary offense is drug trafficking
285 under s. 893.135, the subtotal sentence points are multiplied,
286 at the discretion of the court, for a level 7 or level 8
287 offense, by 1.5. The state attorney may move the sentencing
288 court to reduce or suspend the sentence of a person convicted of
289 a level 7 or level 8 offense, if the offender provides
290 substantial assistance as described in s. 893.135(4).
291
292 Violent offenses committed against specified justice system
293 personnel: If the primary offense is a violation of s.
294 775.0823(2), (3), or (4), the subtotal sentence points are
295 multiplied by 2.5. If the primary offense is a violation of s.
296 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
297 are multiplied by 2.0. If the primary offense is a violation of
298 s. 784.07(3) or s. 775.0875(1), or s. 775.0823(10) or (11), the
299 subtotal sentence points are multiplied by 1.5.
300
301 Grand theft of a motor vehicle: If the primary offense is grand
302 theft of the third degree involving a motor vehicle and in the
303 offender’s prior record, there are three or more grand thefts of
304 the third degree involving a motor vehicle, the subtotal
305 sentence points are multiplied by 1.5.
306
307 Offense related to a criminal gang: If the offender is convicted
308 of the primary offense and committed that offense for the
309 purpose of benefiting, promoting, or furthering the interests of
310 a criminal gang as defined in s. 874.03, the subtotal sentence
311 points are multiplied by 1.5. If applying the multiplier results
312 in the lowest permissible sentence exceeding the statutory
313 maximum sentence for the primary offense under chapter 775, the
314 court may not apply the multiplier and must sentence the
315 defendant to the statutory maximum sentence.
316
317 Domestic violence in the presence of a child: If the offender is
318 convicted of the primary offense and the primary offense is a
319 crime of domestic violence, as defined in s. 741.28, which was
320 committed in the presence of a child under 16 years of age who
321 is a family or household member as defined in s. 741.28(3) with
322 the victim or perpetrator, the subtotal sentence points are
323 multiplied by 1.5.
324
325 Adult-on-minor sex offense: If the offender was 18 years of age
326 or older and the victim was younger than 18 years of age at the
327 time the offender committed the primary offense, and if the
328 primary offense was an offense committed on or after October 1,
329 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
330 violation involved a victim who was a minor and, in the course
331 of committing that violation, the defendant committed a sexual
332 battery under chapter 794 or a lewd act under s. 800.04 or s.
333 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
334 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
335 800.04; or s. 847.0135(5), the subtotal sentence points are
336 multiplied by 2.0. If applying the multiplier results in the
337 lowest permissible sentence exceeding the statutory maximum
338 sentence for the primary offense under chapter 775, the court
339 may not apply the multiplier and must sentence the defendant to
340 the statutory maximum sentence.
341 Section 7. This act shall take effect July 1, 2025.