Bill Text: FL S0912 | 2024 | Regular Session | Introduced


Bill Title: Firearms

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-08 - Died in Criminal Justice [S0912 Detail]

Download: Florida-2024-S0912-Introduced.html
       Florida Senate - 2024                                     SB 912
       
       
        
       By Senator Polsky
       
       
       
       
       
       30-00961B-24                                           2024912__
    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 an offense
    5         on level 5 of the offense severity ranking chart of
    6         the Criminal Punishment Code; reenacting ss.
    7         775.087(3)(a) and (d), 784.07(3)(b), 790.06(1)(a), and
    8         921.0024(1)(b), F.S., relating to required minimum
    9         sentences and legislative intent, required minimum
   10         sentences, the definition of the term “concealed
   11         weapon or concealed firearm,” and the worksheet key
   12         for worksheet computations of the Criminal Punishment
   13         Code, respectively, to incorporate the amendment made
   14         to s. 790.001, F.S., in references thereto; providing
   15         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 function
   26  pull 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  812.0145(2)(b)                  2nd      Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
   66  812.015 (8)(a) & (c)-(e)        3rd      Retail theft; property stolen is valued at $750 or more and one or more specified acts.
   67  812.015(8)(f)                   3rd      Retail theft; multiple thefts within specified period.
   68  812.019(1)                      2nd      Stolen property; dealing in or trafficking in.
   69  812.081(3)                      2nd      Trafficking in trade secrets.
   70  812.131(2)(b)                   3rd      Robbery by sudden snatching.
   71  812.16(2)                       3rd      Owning, operating, or conducting a chop shop.
   72  817.034(4)(a)2.                 2nd      Communications fraud, value $20,000 to $50,000.
   73  817.234(11)(b)                  2nd      Insurance fraud; property value $20,000 or more but less than $100,000.
   74  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.
   75  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.
   76  817.611(2)(a)                   2nd      Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
   77  817.625(2)(b)                   2nd      Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
   78  825.1025(4)                     3rd      Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
   79  827.071(4)                      2nd      Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
   80  827.071(5)                      3rd      Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
   81  828.12(2)                       3rd      Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
   82  836.14(4)                       2nd      Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
   83  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.
   84  843.01(1)                       3rd      Resist officer with violence to person; resist arrest with violence.
   85  847.0135(5)(b)                  2nd      Lewd or lascivious exhibition using computer; offender 18 years or older.
   86  847.0137 (2) & (3)              3rd      Transmission of pornography by electronic device or equipment.
   87  847.0138 (2) & (3)              3rd      Transmission of material harmful to minors to a minor by electronic device or equipment.
   88  874.05(1)(b)                    2nd      Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
   89  874.05(2)(a)                    2nd      Encouraging or recruiting person under 13 years of age to join a criminal gang.
   90  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).
   91  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.
   92  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.
   93  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.
   94  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.
   95  893.13(4)(b)                    2nd      Use or hire of minor; deliver to minor other controlled substance.
   96  893.1351(1)                     3rd      Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
   97         Section 3. For the purpose of incorporating the amendment
   98  made by this act to section 790.001, Florida Statutes, in
   99  references thereto, paragraphs (a) and (d) of subsection (3) of
  100  section 775.087, Florida Statutes, are reenacted to read:
  101         775.087 Possession or use of weapon; aggravated battery;
  102  felony reclassification; minimum sentence.—
  103         (3)(a)1. Any person who is convicted of a felony or an
  104  attempt to commit a felony, regardless of whether the use of a
  105  firearm is an element of the felony, and the conviction was for:
  106         a. Murder;
  107         b. Sexual battery;
  108         c. Robbery;
  109         d. Burglary;
  110         e. Arson;
  111         f. Aggravated battery;
  112         g. Kidnapping;
  113         h. Escape;
  114         i. Sale, manufacture, delivery, or intent to sell,
  115  manufacture, or deliver any controlled substance;
  116         j. Aircraft piracy;
  117         k. Aggravated child abuse;
  118         l. Aggravated abuse of an elderly person or disabled adult;
  119         m. Unlawful throwing, placing, or discharging of a
  120  destructive device or bomb;
  121         n. Carjacking;
  122         o. Home-invasion robbery;
  123         p. Aggravated stalking;
  124         q. Trafficking in cannabis, trafficking in cocaine, capital
  125  importation of cocaine, trafficking in illegal drugs, capital
  126  importation of illegal drugs, trafficking in phencyclidine,
  127  capital importation of phencyclidine, trafficking in
  128  methaqualone, capital importation of methaqualone, trafficking
  129  in amphetamine, capital importation of amphetamine, trafficking
  130  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  131  (GHB), trafficking in 1,4-Butanediol, trafficking in
  132  Phenethylamines, or other violation of s. 893.135(1); or
  133         r. Human trafficking
  134  
  135  and during the commission of the offense, such person possessed
  136  a semiautomatic firearm and its high-capacity detachable box
  137  magazine or a machine gun as defined in s. 790.001, shall be
  138  sentenced to a minimum term of imprisonment of 15 years.
  139         2. Any person who is convicted of a felony or an attempt to
  140  commit a felony listed in subparagraph 1., regardless of whether
  141  the use of a weapon is an element of the felony, and during the
  142  course of the commission of the felony such person discharged a
  143  semiautomatic firearm and its high-capacity box magazine or a
  144  “machine gun” as defined in s. 790.001 shall be sentenced to a
  145  minimum term of imprisonment of 20 years.
  146         3. Any person who is convicted of a felony or an attempt to
  147  commit a felony listed in subparagraph 1., regardless of whether
  148  the use of a weapon is an element of the felony, and during the
  149  course of the commission of the felony such person discharged a
  150  semiautomatic firearm and its high-capacity box magazine or a
  151  “machine gun” as defined in s. 790.001 and, as the result of the
  152  discharge, death or great bodily harm was inflicted upon any
  153  person, the convicted person shall be sentenced to a minimum
  154  term of imprisonment of not less than 25 years and not more than
  155  a term of imprisonment of life in prison.
  156         (d) It is the intent of the Legislature that offenders who
  157  possess, carry, display, use, threaten to use, or attempt to use
  158  a semiautomatic firearm and its high-capacity detachable box
  159  magazine or a machine gun as defined in s. 790.001 be punished
  160  to the fullest extent of the law, and the minimum terms of
  161  imprisonment imposed pursuant to this subsection shall be
  162  imposed for each qualifying felony count for which the person is
  163  convicted. The court shall impose any term of imprisonment
  164  provided for in this subsection consecutively to any other term
  165  of imprisonment imposed for any other felony offense.
  166         Section 4. For the purpose of incorporating the amendment
  167  made by this act to section 790.001, Florida Statutes, in a
  168  reference thereto, paragraph (b) of subsection (3) of section
  169  784.07, Florida Statutes, is reenacted to read:
  170         784.07 Assault or battery of law enforcement officers and
  171  other specified personnel; reclassification of offenses; minimum
  172  sentences.—
  173         (3) Any person who is convicted of a battery under
  174  paragraph (2)(b) and, during the commission of the offense, such
  175  person possessed:
  176         (b) A semiautomatic firearm and its high-capacity
  177  detachable box magazine, as defined in s. 775.087(3), or a
  178  machine gun as defined in s. 790.001, shall be sentenced to a
  179  minimum term of imprisonment of 8 years.
  180  
  181  Notwithstanding s. 948.01, adjudication of guilt or imposition
  182  of sentence shall not be suspended, deferred, or withheld, and
  183  the defendant is not eligible for statutory gain-time under s.
  184  944.275 or any form of discretionary early release, other than
  185  pardon or executive clemency, or conditional medical release
  186  under s. 947.149, prior to serving the minimum sentence.
  187         Section 5. For the purpose of incorporating the amendment
  188  made by this act to section 790.001, Florida Statutes, in a
  189  reference thereto, paragraph (a) of subsection (1) of section
  190  790.06, Florida Statutes, is reenacted to read:
  191         790.06 License to carry concealed weapon or concealed
  192  firearm.—
  193         (1)(a) For the purposes of this section, the term
  194  “concealed weapon or concealed firearm” means a handgun,
  195  electric weapon or device, tear gas gun, knife, or billie, but
  196  does not include a machine gun as that term is defined in s.
  197  790.001.
  198         Section 6. For the purpose of incorporating the amendment
  199  made by this act to section 790.001, Florida Statutes, in a
  200  reference thereto, paragraph (b) of subsection (1) of section
  201  921.0024, Florida Statutes, is reenacted to read:
  202         921.0024 Criminal Punishment Code; worksheet computations;
  203  scoresheets.—
  204         (1)
  205         (b) WORKSHEET KEY:
  206  
  207  Legal status points are assessed when any form of legal status
  208  existed at the time the offender committed an offense before the
  209  court for sentencing. Four (4) sentence points are assessed for
  210  an offender’s legal status.
  211  
  212  Community sanction violation points are assessed when a
  213  community sanction violation is before the court for sentencing.
  214  Six (6) sentence points are assessed for each community sanction
  215  violation and each successive community sanction violation,
  216  unless any of the following apply:
  217         1. If the community sanction violation includes a new
  218  felony conviction before the sentencing court, twelve (12)
  219  community sanction violation points are assessed for the
  220  violation, and for each successive community sanction violation
  221  involving a new felony conviction.
  222         2. If the community sanction violation is committed by a
  223  violent felony offender of special concern as defined in s.
  224  948.06:
  225         a. Twelve (12) community sanction violation points are
  226  assessed for the violation and for each successive violation of
  227  felony probation or community control where:
  228         I. The violation does not include a new felony conviction;
  229  and
  230         II. The community sanction violation is not based solely on
  231  the probationer or offender’s failure to pay costs or fines or
  232  make restitution payments.
  233         b. Twenty-four (24) community sanction violation points are
  234  assessed for the violation and for each successive violation of
  235  felony probation or community control where the violation
  236  includes a new felony conviction.
  237  
  238  Multiple counts of community sanction violations before the
  239  sentencing court shall not be a basis for multiplying the
  240  assessment of community sanction violation points.
  241  
  242  Prior serious felony points: If the offender has a primary
  243  offense or any additional offense ranked in level 8, level 9, or
  244  level 10, and one or more prior serious felonies, a single
  245  assessment of thirty (30) points shall be added. For purposes of
  246  this section, a prior serious felony is an offense in the
  247  offender’s prior record that is ranked in level 8, level 9, or
  248  level 10 under s. 921.0022 or s. 921.0023 and for which the
  249  offender is serving a sentence of confinement, supervision, or
  250  other sanction or for which the offender’s date of release from
  251  confinement, supervision, or other sanction, whichever is later,
  252  is within 3 years before the date the primary offense or any
  253  additional offense was committed.
  254  
  255  Prior capital felony points: If the offender has one or more
  256  prior capital felonies in the offender’s criminal record, points
  257  shall be added to the subtotal sentence points of the offender
  258  equal to twice the number of points the offender receives for
  259  the primary offense and any additional offense. A prior capital
  260  felony in the offender’s criminal record is a previous capital
  261  felony offense for which the offender has entered a plea of nolo
  262  contendere or guilty or has been found guilty; or a felony in
  263  another jurisdiction which is a capital felony in that
  264  jurisdiction, or would be a capital felony if the offense were
  265  committed in this state.
  266  
  267  Possession of a firearm, semiautomatic firearm, or machine gun:
  268  If the offender is convicted of committing or attempting to
  269  commit any felony other than those enumerated in s. 775.087(2)
  270  while having in his or her possession: a firearm as defined in
  271  s. 790.001, an additional eighteen (18) sentence points are
  272  assessed; or if the offender is convicted of committing or
  273  attempting to commit any felony other than those enumerated in
  274  s. 775.087(3) while having in his or her possession a
  275  semiautomatic firearm as defined in s. 775.087(3) or a machine
  276  gun as defined in s. 790.001, an additional twenty-five (25)
  277  sentence points are assessed.
  278  
  279  Sentencing multipliers:
  280  
  281  Drug trafficking: If the primary offense is drug trafficking
  282  under s. 893.135, the subtotal sentence points are multiplied,
  283  at the discretion of the court, for a level 7 or level 8
  284  offense, by 1.5. The state attorney may move the sentencing
  285  court to reduce or suspend the sentence of a person convicted of
  286  a level 7 or level 8 offense, if the offender provides
  287  substantial assistance as described in s. 893.135(4).
  288  
  289  Violent offenses committed against specified justice system
  290  personnel: If the primary offense is a violation of s.
  291  775.0823(2), (3), or (4), the subtotal sentence points are
  292  multiplied by 2.5. If the primary offense is a violation of s.
  293  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  294  are multiplied by 2.0. If the primary offense is a violation of
  295  s. 784.07(3) or s. 775.0875(1), or s. 775.0823(10) or (11), the
  296  subtotal sentence points are multiplied by 1.5.
  297  
  298  Grand theft of a motor vehicle: If the primary offense is grand
  299  theft of the third degree involving a motor vehicle and in the
  300  offender’s prior record, there are three or more grand thefts of
  301  the third degree involving a motor vehicle, the subtotal
  302  sentence points are multiplied by 1.5.
  303  
  304  Offense related to a criminal gang: If the offender is convicted
  305  of the primary offense and committed that offense for the
  306  purpose of benefiting, promoting, or furthering the interests of
  307  a criminal gang as defined in s. 874.03, the subtotal sentence
  308  points are multiplied by 1.5. If applying the multiplier results
  309  in the lowest permissible sentence exceeding the statutory
  310  maximum sentence for the primary offense under chapter 775, the
  311  court may not apply the multiplier and must sentence the
  312  defendant to the statutory maximum sentence.
  313  
  314  Domestic violence in the presence of a child: If the offender is
  315  convicted of the primary offense and the primary offense is a
  316  crime of domestic violence, as defined in s. 741.28, which was
  317  committed in the presence of a child under 16 years of age who
  318  is a family or household member as defined in s. 741.28(3) with
  319  the victim or perpetrator, the subtotal sentence points are
  320  multiplied by 1.5.
  321  
  322  Adult-on-minor sex offense: If the offender was 18 years of age
  323  or older and the victim was younger than 18 years of age at the
  324  time the offender committed the primary offense, and if the
  325  primary offense was an offense committed on or after October 1,
  326  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  327  violation involved a victim who was a minor and, in the course
  328  of committing that violation, the defendant committed a sexual
  329  battery under chapter 794 or a lewd act under s. 800.04 or s.
  330  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  331  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  332  800.04; or s. 847.0135(5), the subtotal sentence points are
  333  multiplied by 2.0. If applying the multiplier results in the
  334  lowest permissible sentence exceeding the statutory maximum
  335  sentence for the primary offense under chapter 775, the court
  336  may not apply the multiplier and must sentence the defendant to
  337  the statutory maximum sentence.
  338         Section 7. This act shall take effect July 1, 2024.

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