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CS/CS/HB 947 — Possession of a Firearm or Destructive Device During the Commission of an Offense

by Judiciary Committee; Criminal Justice Subcommittee; and Rep. Boyd and others (CS/SB 1272 by Criminal Justice Committee and Senator Latvala)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Criminal Justice Committee (CJ)

The bill provides that an offender who is before the court for sentencing on a conviction of possession of a firearm by a convicted felon and who has a prior conviction for committing or attempting to commit the following listed offenses, during which time he or she possessed a firearm or destructive device, is subject to the 10 year mandatory sentence under s. 775.087(2)(a)1., F.S. 

The felony offenses that comprise the listed prior conviction offenses referred to above are: 

  • Arson;
  • Sexual battery;
  • Robbery;
  • Kidnapping;
  • Aggravated child abuse;
  • Aggravated abuse of an elderly person or disabled adult;
  • Aggravated assault with a deadly weapon;
  • Murder;
  • Manslaughter;
  • Aggravated manslaughter of an elderly person or disabled adult;
  • Aggravated manslaughter of a child;
  • Unlawful throwing, placing, or discharging of a destructive device or bomb;
  • Armed burglary;
  • Aggravated battery; or
  • Aggravated stalking. 

If approved by the Governor, these provisions take effect July 1, 2012.

Vote: Senate 40-0; House 116-0