Florida Senate - 2017 SB 1584
By Senator Thurston
33-01377A-17 20171584__
1 A bill to be entitled
2 An act relating to reclassification of offenses
3 involving certain firearms or additional firearm
4 magazines; amending s. 775.087, F.S.; providing for
5 the reclassification of offenses committed while in
6 possession of a weapon or firearm capable of holding
7 more than 10 rounds of ammunition or while in
8 possession of a firearm and more than one magazine for
9 such firearm; reenacting s. 921.0022(2), F.S.,
10 relating to the Criminal Punishment Code and offense
11 severity ranking chart, to incorporate the amendment
12 made to s. 775.087, F.S., in a reference thereto;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (1) of section 775.087, Florida
18 Statutes, is amended to read:
19 775.087 Possession or use of weapon; aggravated battery;
20 felony reclassification; minimum sentence.—
21 (1)(a) Unless otherwise provided by law, whenever a person
22 is charged with a felony, except a felony in which the use of a
23 weapon or firearm is an essential element, and during the
24 commission of such felony the defendant carries, displays, uses,
25 threatens to use, or attempts to use any weapon or firearm, or
26 during the commission of such felony the defendant commits an
27 aggravated battery, the felony for which the person is charged
28 shall be reclassified as follows:
29 1.(a) In the case of a felony of the first degree, to a
30 life felony.
31 2.(b) In the case of a felony of the second degree, to a
32 felony of the first degree.
33 3.(c) In the case of a felony of the third degree, to a
34 felony of the second degree.
35 (b) In addition to any other classification of an offense
36 provided by law, whenever a person commits a misdemeanor or
37 felony, and during the commission of such offense the person
38 carries, displays, uses, threatens to use, or attempts to use a
39 weapon or firearm capable of holding 10 or more rounds of
40 ammunition without the necessity of reloading, or the person
41 possesses a firearm and possesses more than one firearm magazine
42 capable of being used in the firearm, the offense for which the
43 person is charged shall be reclassified as follows:
44 1. In the case of a felony of the first degree, to a life
45 felony.
46 2. In the case of a felony of the second degree, to a
47 felony of the first degree.
48 3. In the case of a felony of the third degree, to a felony
49 of the second degree.
50 4. In the case of a misdemeanor of the first degree, to a
51 felony of the third degree.
52 5. In the case of a misdemeanor of the second degree, to a
53 misdemeanor of the first degree.
54
55 For purposes of sentencing under chapter 921 and determining
56 incentive gain-time eligibility under chapter 944, a felony
57 offense which is reclassified under this subsection section is
58 ranked one level above the ranking under s. 921.0022 or s.
59 921.0023 of the felony offense committed.
60 Section 2. For the purpose of incorporating the amendment
61 made by this act to section 775.087, Florida Statutes, in a
62 reference thereto, subsection (2) of section 921.0022, Florida
63 Statutes, is reenacted to read:
64 921.0022 Criminal Punishment Code; offense severity ranking
65 chart.—
66 (2) The offense severity ranking chart has 10 offense
67 levels, ranked from least severe, which are level 1 offenses, to
68 most severe, which are level 10 offenses, and each felony
69 offense is assigned to a level according to the severity of the
70 offense. For purposes of determining which felony offenses are
71 specifically listed in the offense severity ranking chart and
72 which severity level has been assigned to each of these
73 offenses, the numerical statutory references in the left column
74 of the chart and the felony degree designations in the middle
75 column of the chart are controlling; the language in the right
76 column of the chart is provided solely for descriptive purposes.
77 Reclassification of the degree of the felony through the
78 application of s. 775.0845, s. 775.085, s. 775.0861, s.
79 775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, or
80 any other law that provides an enhanced penalty for a felony
81 offense, to any offense listed in the offense severity ranking
82 chart in this section shall not cause the offense to become
83 unlisted and is not subject to the provisions of s. 921.0023.
84 Section 3. This act shall take effect October 1, 2017.