Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1236
       
       
       
       
       
       
                                Ì338506.Î338506                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Powell) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 790.30, Florida Statutes, is created to
    6  read:
    7         790.30Assault weapons.—
    8         (1)DEFINITIONS.—As used in this section, the term:
    9         (a)“Assault weapon” means:
   10         1. A selective-fire firearm capable of fully automatic,
   11  semiautomatic, or burst fire at the option of the user or any of
   12  the following specified semiautomatic firearms:
   13         a.Algimec AGM1.
   14         b.All AK series, including, but not limited to, the
   15  following: AK, AK-47, AK-74, AKM, AKS, ARM, MAK90, MISR, NHM90,
   16  NHM91, Rock River Arms LAR-47, SA 85, SA 93, Vector Arms AK-47,
   17  VEPR, WASR-10, and WUM.
   18         c.All AR series, including, but not limited to, the
   19  following: AR-10, AR-15, Armalite AR-180, Armalite M-15, AR-70,
   20  Bushmaster XM15, Colt AR-15, DoubleStar AR rifles, DPMS tactical
   21  rifles, Olympic Arms, Rock River Arms LAR-15, and Smith & Wesson
   22  M&P15 rifles.
   23         d.Barrett 82A1 and REC7.
   24         e.Beretta AR-70 and Beretta Storm.
   25         f.Bushmaster automatic rifle.
   26         g.Calico Liberty series rifles.
   27         h.Chartered Industries of Singapore SR-88.
   28         i.Colt Sporter.
   29         j.Daewoo K-1, K-2, Max-1, and Max-2.
   30         k.FAMAS MAS .223.
   31         l.Federal XC-900 and SC-450.
   32         m.FN FAL (or FN LAR) and FN FNC.
   33         n.FN FS2000, FN PS90, and FN SCAR.
   34         o.Galil and UZI Sporter, Galil sniper rifle (Galatz),
   35  Galil Sporter, UZI, or Vector Arms UZI.
   36         p.Goncz High-Tech carbine.
   37         q.Hi-Point carbine.
   38         r.HK-91, HK-93, HK-94, HK-PSG-1, and SP-89.
   39         s.Kel-Tec RFB, Sub-2000, and SU series.
   40         t.M1 carbine.
   41         u. M2HB and TNW M230.
   42         v. Ruger Mini-14 with folding stock.
   43         w.SAR-8, SAR-4800, and SR9.
   44         x.SIG 57 AMT and 500 Series.
   45         y.Sig Sauer MCX rifle.
   46         z.SKS capable of accepting a detachable magazine.
   47         aa.SLG 95.
   48         bb.SLR 95 and 96.
   49         cc.Spectre automatic carbine.
   50         dd.Springfield Armory BM59, G-3, and SAR-48.
   51         ee.Sterling MK-6 and MK-7.
   52         ff.Steyr AUG.
   53         gg.Thompson series, including Thompson T5.
   54         hh.Weaver Arms Nighthawk.
   55         2.All of the following handguns, copies, duplicates, or
   56  altered facsimiles with the capability of any such weapon
   57  thereof:
   58         a.AK-47 pistol and Mini AK-47 pistol.
   59         b.AR-15 pistol.
   60         c.Australian Automatic Arms SAP pistol.
   61         d.Bushmaster automatic pistol.
   62         e.Calico Liberty series pistols.
   63         f.Chiappa Firearms Mfour-22.
   64         g.Colefire Magnum.
   65         h.DSA SA58 PKP FAL.
   66         i.Encom MK-IV, MP-9, and MP-45.
   67         j.Feather AT-9 and Mini-AT.
   68         k.German Sport 522 PK.
   69         l.Goncz High-Tech Long pistol.
   70         m.Holmes MP-83.
   71         n.Intratec AB-10, TEC-9, TEC-22 Scorpion, and TEC-DC9.
   72         o.I.O. Inc. PPS-43C.
   73         p.Iver Johnson Enforcer.
   74         q.Kel-Tec PLR-16 pistol.
   75         r.MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
   76  Velocity Arms VMA series.
   77         s.Scarab Skorpion.
   78         t.Sig Sauer P556 pistol.
   79         u.Spectre automatic pistol.
   80         v.Thompson TA5 series pistols.
   81         w.UZI pistol and Micro-UZI pistol.
   82         x.Wilkinson “Linda” pistol.
   83         3.All of the following shotguns, copies, duplicates, or
   84  altered facsimiles with the capability of any such weapon
   85  thereof:
   86         a.Armscor 30 BG.
   87         b.Franchi LAW-12 and SPAS-12.
   88         c.Kel-Tec KSG.
   89         d.Remington TAC-2 and TACB3 FS.
   90         e.Saiga.
   91         f.Streetsweeper.
   92         g.Striker 12.
   93         h.USAS-12.
   94         4.A part or combination of parts that convert a firearm
   95  into an assault weapon, or any combination of parts from which
   96  an assault weapon may be assembled if those parts are in the
   97  possession or under the control of the same person.
   98         5.A semiautomatic firearm not listed in this paragraph
   99  which meets the criteria of one of the following sub
  100  subparagraphs:
  101         a.A semiautomatic rifle that has an ability to accept a
  102  detachable magazine and that has one or more of the following:
  103         (I)A folding or telescoping stock.
  104         (II)A pistol grip that protrudes conspicuously beneath the
  105  action of the weapon or any feature functioning as a protruding
  106  grip that can be held by the nontrigger hand, or a thumbhole
  107  stock.
  108         (III)A bayonet mount.
  109         (IV)A flash suppressor or threaded barrel designed to
  110  accommodate a flash suppressor.
  111         (V)A grenade launcher.
  112         (VI)A shroud that is attached to the barrel, or that
  113  partially or completely encircles the barrel and allows the
  114  bearer to hold the firearm with the nontrigger hand without
  115  being burned, but excluding a slide that encloses the barrel.
  116         b.A semiautomatic pistol that has an ability to accept a
  117  detachable magazine and that has one or more of the following:
  118         (I)The capacity to accept an ammunition magazine that
  119  attaches to the pistol at any location outside the pistol grip.
  120         (II)A threaded barrel capable of accepting a barrel
  121  extender, flash suppressor, forward handgrip, or silencer.
  122         (III)A slide that encloses the barrel and that allows the
  123  shooter to hold the firearm with the nontrigger hand without
  124  being burned.
  125         (IV)A manufactured weight of 50 ounces or more when the
  126  pistol is unloaded.
  127         (V)A semiautomatic version of an automatic firearm.
  128         (VI)Any feature capable of functioning as a protruding
  129  grip that can be held by the nontrigger hand.
  130         (VII)A folding, telescoping, or thumbhole stock.
  131         c.A semiautomatic shotgun that has one or more of the
  132  following:
  133         (I)A folding or telescoping stock.
  134         (II)A pistol grip that protrudes conspicuously beneath the
  135  action of the weapon.
  136         (III)A thumbhole stock.
  137         (IV)A fixed-magazine capacity in excess of 5 rounds.
  138         (V)An ability to accept a detachable magazine.
  139         d.A semiautomatic pistol or a semiautomatic, centerfire,
  140  or rimfire rifle with a fixed magazine that has the capacity to
  141  accept more than 10 rounds of ammunition.
  142         e.A part or combination of parts designed or intended to
  143  convert a firearm into an assault weapon, or any combination of
  144  parts from which an assault weapon may be assembled if those
  145  parts are in the possession or under the control of the same
  146  person.
  147         (b)“Detachable magazine” means an ammunition feeding
  148  device that can be removed from a firearm without disassembly of
  149  the firearm action.
  150         (c)“Fixed magazine” means an ammunition feeding device
  151  contained in, or permanently attached to, a firearm in such a
  152  manner that the device cannot be removed without disassembly of
  153  the firearm action.
  154         (d)“Large-capacity magazine” means any ammunition feeding
  155  device with the capacity to accept more than 7 rounds, or any
  156  conversion kit, part, or combination of parts from which such a
  157  device can be assembled if those parts are in the possession or
  158  under the control of the same person, but does not include any
  159  of the following:
  160         1.A feeding device that has been permanently altered so
  161  that it cannot accommodate more than 7 rounds;
  162         2.A .22 caliber tube ammunition feeding device; or
  163         3.A tubular magazine that is contained in a lever-action
  164  firearm.
  165         (e)“Licensed gun dealer” means a person who has a federal
  166  firearms license.
  167         (2)SALE OR TRANSFER.—
  168         (a)A person may not import into the state or, within this
  169  state, distribute, transport, sell, keep for sale, offer or
  170  expose for sale, or give an assault weapon or large-capacity
  171  magazine. Except as provided in paragraph (b), any person who
  172  violates this paragraph commits a felony of the third degree,
  173  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  174  with a mandatory minimum term of imprisonment of 2 years.
  175         (b)A person may not transfer, sell, or give an assault
  176  weapon or large-capacity magazine to a person under 18 years of
  177  age. Any person who violates this paragraph commits a felony of
  178  the second degree, punishable as provided in s. 775.082, s.
  179  775.083, or s. 775.084, with a mandatory minimum term of
  180  imprisonment of 6 years.
  181         (c)Paragraph (a) does not apply to:
  182         1.The sale of assault weapons or large-capacity magazines
  183  to the Department of Law Enforcement, to a law enforcement
  184  agency, as defined in s. 934.02, to the Department of
  185  Corrections, or to the military, air, or naval forces of this
  186  state or the United States for use in the discharge of their
  187  official duties.
  188         2.A person who is the executor or administrator of an
  189  estate that includes an assault weapon or large-capacity
  190  magazine for which a certificate of possession has been issued
  191  under subsection (4) which is disposed of as authorized by the
  192  probate court, if the disposition is otherwise authorized under
  193  this section.
  194         3.The transfer by bequest or intestate succession of an
  195  assault weapon or large-capacity magazine for which a
  196  certificate of possession has been issued under subsection (4).
  197         (3)POSSESSION.—
  198         (a)Except as provided in subsection (5) or otherwise
  199  provided in this section or authorized by any other law, a
  200  person may not, within this state, possess an assault weapon or
  201  large-capacity magazine. Any person who violates this paragraph
  202  commits a felony of the third degree, punishable as provided in
  203  s. 775.082, s. 775.083, or s. 775.084, with a mandatory minimum
  204  term of imprisonment of 1 year.
  205         (b)Paragraph (a) does not apply to the possession of an
  206  assault weapon or large-capacity magazine by a member or
  207  employee of the Department of Law Enforcement, a law enforcement
  208  agency, as defined in s. 934.02, the Department of Corrections,
  209  or the military, air, or naval forces of this state or of the
  210  United States for use in the discharge of his or her official
  211  duties; nor does this section prohibit the possession or use of
  212  an assault weapon or large-capacity magazine by a sworn member
  213  of one of these agencies when on duty and the use is within the
  214  scope of his or her duties.
  215         (c)Paragraph (a) does not apply to the possession of an
  216  assault weapon or large-capacity magazine by any person before
  217  July 1, 2019, if all of the following are applicable:
  218         1.The person is eligible to apply for a certificate of
  219  possession for the assault weapon or large-capacity magazine by
  220  July 1, 2019;
  221         2.The person lawfully possessed the assault weapon or
  222  large-capacity magazine before October 1, 2018; and
  223         3.The person is otherwise in compliance with this section
  224  and the applicable requirements of this chapter for possession
  225  of a firearm.
  226         (d)Paragraph (a) does not apply to a person who is the
  227  executor or administrator of an estate that includes an assault
  228  weapon or large-capacity magazine for which a certificate of
  229  possession has been issued under subsection (4), if the assault
  230  weapon or large-capacity magazine is possessed at a place set
  231  forth in subparagraph (4)(c)1. or as authorized by the probate
  232  court.
  233         (4)CERTIFICATE OF POSSESSION.—
  234         (a)Any person who lawfully possesses an assault weapon or
  235  large-capacity magazine before October 1, 2018, shall apply by
  236  October 1, 2019, or, if such person is a member of the military
  237  or naval forces of this state or of the United States and cannot
  238  apply by October 1, 2019, because he or she is or was on
  239  official duty outside this state, shall apply within 90 days
  240  after returning to the state, to the Department of Law
  241  Enforcement for a certificate of possession with respect to such
  242  assault weapon or large-capacity magazine. The certificate must
  243  contain a description of the assault weapon or large-capacity
  244  magazine which identifies the assault weapon or large-capacity
  245  magazine uniquely, including all identification marks; the full
  246  name, address, date of birth, and thumbprint of the owner; and
  247  any other information as the department may deem appropriate.
  248  The department shall adopt rules no later than January 1, 2019,
  249  to establish procedures with respect to the application for, and
  250  issuance of, certificates of possession under this section.
  251         (b)1. An assault weapon or large-capacity magazine lawfully
  252  possessed in accordance with this section may not be sold or
  253  transferred on or after January 1, 2019, to any person within
  254  this state other than to a licensed gun dealer, as provided in
  255  subsection (5); or by a bequest or intestate succession.
  256         2. A person who obtains title to an assault weapon or
  257  large-capacity magazine for which a certificate of possession
  258  has been issued under this subsection shall, within 90 days
  259  after obtaining title, apply to the Department of Law
  260  Enforcement for a certificate of possession, render the assault
  261  weapon or large-capacity magazine permanently inoperable, sell
  262  the assault weapon or large-capacity magazine to a licensed gun
  263  dealer, or remove the assault weapon or large-capacity magazine
  264  from the state.
  265         3. A person who moves into the state and who is in lawful
  266  possession of an assault weapon or large-capacity magazine,
  267  shall, within 90 days, either render the assault weapon or
  268  large-capacity magazine permanently inoperable, sell the assault
  269  weapon or large-capacity magazine to a licensed gun dealer, or
  270  remove the assault weapon or large-capacity magazine from this
  271  state, unless the person is a member of the military, air, or
  272  naval forces of this state or of the United States, is in lawful
  273  possession of an assault weapon or large-capacity magazine, and
  274  has been transferred into the state after October 1, 2019.
  275         (c)A person who has been issued a certificate of
  276  possession for an assault weapon or large-capacity magazine
  277  under this subsection may possess it only if the person is:
  278         1.At the residence, the place of business, or any other
  279  property owned by that person, or on a property owned by another
  280  person with the owner’s express permission;
  281         2.On the premises of a target range of a public or private
  282  club or organization organized for the purpose of practicing
  283  shooting at targets;
  284         3.On a target range that holds a regulatory or business
  285  license for the purpose of practicing shooting at that target
  286  range;
  287         4.On the premises of a licensed shooting club;
  288         5.Attending an exhibition, display, or educational project
  289  on firearms which is sponsored by, conducted under the auspices
  290  of, or approved by a law enforcement agency or a nationally or
  291  state-recognized entity that fosters proficiency in, or promotes
  292  education about, firearms; or
  293         6.Transporting the assault weapon or large-capacity
  294  magazine between any of the places mentioned in this paragraph,
  295  or from or to any licensed gun dealer for servicing or repair
  296  pursuant to paragraph (7)(b), provided the assault weapon or
  297  large-capacity magazine is transported as required by subsection
  298  (7).
  299         (5)CERTIFICATE OF TRANSFER.—If an owner of an assault
  300  weapon or large-capacity magazine sells or transfers the weapon
  301  or magazine to a licensed gun dealer, he or she shall, at the
  302  time of delivery of the weapon, execute a certificate of
  303  transfer and cause the certificate to be mailed or delivered to
  304  the Department of Law Enforcement. The certificate must contain:
  305         (a)The date of sale or transfer.
  306         (b)The name and address of the seller or transferor and
  307  the licensed gun dealer and their social security numbers or
  308  driver license numbers.
  309         (c)The licensed gun dealer’s federal firearms license
  310  number.
  311         (d)A description of the weapon, including the caliber of
  312  the weapon and its make, model, and serial number.
  313         (e)Any other information the Department of Law Enforcement
  314  prescribes.
  315  
  316  The licensed gun dealer shall present his or her driver license
  317  or social security card and federal firearms license to the
  318  seller or transferor for inspection at the time of purchase or
  319  transfer. The Department of Law Enforcement shall maintain a
  320  file of all certificates of transfer at its headquarters.
  321         (6)RELINQUISHMENT.—An individual may arrange in advance to
  322  relinquish an assault weapon or large-capacity magazine to a law
  323  enforcement agency, as defined in s. 934.02, or the Department
  324  of Law Enforcement. The assault weapon or large-capacity
  325  magazine shall be transported in accordance with subsection (7).
  326         (7)TRANSPORTATION.—
  327         (a)A licensed gun dealer who lawfully purchases for resale
  328  an assault weapon or large-capacity magazine pursuant to
  329  subsection (2) may transport the assault weapon or large
  330  capacity magazine between licensed gun dealers or out of this
  331  state, but no person shall carry a loaded assault weapon
  332  concealed from public view, or knowingly have in any motor
  333  vehicle owned, operated, or occupied by him or her a loaded or
  334  unloaded assault weapon, unless such weapon is kept in the trunk
  335  of such vehicle or in a case or other container that is
  336  inaccessible to the operator of or any passenger in such
  337  vehicle. Any person who violates this paragraph commits a
  338  misdemeanor of the second degree, punishable as provided in s.
  339  775.082 or s. 775.083. Any licensed gun dealer may display the
  340  assault weapon or large-capacity magazine at any gun show or
  341  sell it to a resident outside this state.
  342         (b)Any licensed gun dealer may transfer possession of any
  343  assault weapon or large-capacity magazine received pursuant to
  344  paragraph (a) to a gunsmith for purposes of accomplishing
  345  service or repair of the same. Transfers are permissible only to
  346  a gunsmith who is:
  347         1.In the licensed gun dealer’s employ; or
  348         2.Contracted by the licensed gun dealer for gunsmithing
  349  services, provided the gunsmith holds a dealer’s license issued
  350  pursuant to chapter 44 of Title 18 the United States Code, 18
  351  U.S.C. ss. 921 et seq., and the regulations issued pursuant
  352  thereto.
  353         (8)CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
  354  NOT PROHIBITED.—This section does not prohibit any person, firm,
  355  or corporation engaged in the business of manufacturing assault
  356  weapons or large-capacity magazines in this state from
  357  manufacturing or transporting assault weapons or large-capacity
  358  magazines in this state for sale within this state in accordance
  359  with subparagraph (2)(c)1. or for sale outside this state.
  360         (9)EXCEPTION.—This section does not apply to any firearm
  361  modified to render it permanently inoperable.
  362         Section 2. Paragraph (a) of subsection (3) of section
  363  775.087, Florida Statutes, is amended to read:
  364         775.087 Possession or use of weapon; aggravated battery;
  365  felony reclassification; minimum sentence.—
  366         (3)(a)1. Any person who is convicted of a felony or an
  367  attempt to commit a felony, regardless of whether the use of a
  368  firearm is an element of the felony, and the conviction was for:
  369         a. Murder;
  370         b. Sexual battery;
  371         c. Robbery;
  372         d. Burglary;
  373         e. Arson;
  374         f. Aggravated battery;
  375         g. Kidnapping;
  376         h. Escape;
  377         i. Sale, manufacture, delivery, or intent to sell,
  378  manufacture, or deliver any controlled substance;
  379         j. Aircraft piracy;
  380         k. Aggravated child abuse;
  381         l. Aggravated abuse of an elderly person or disabled adult;
  382         m. Unlawful throwing, placing, or discharging of a
  383  destructive device or bomb;
  384         n. Carjacking;
  385         o. Home-invasion robbery;
  386         p. Aggravated stalking; or
  387         q. Trafficking in cannabis, trafficking in cocaine, capital
  388  importation of cocaine, trafficking in illegal drugs, capital
  389  importation of illegal drugs, trafficking in phencyclidine,
  390  capital importation of phencyclidine, trafficking in
  391  methaqualone, capital importation of methaqualone, trafficking
  392  in amphetamine, capital importation of amphetamine, trafficking
  393  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  394  (GHB), trafficking in 1,4-Butanediol, trafficking in
  395  Phenethylamines, or other violation of s. 893.135(1);
  396  
  397  and during the commission of the offense, such person possessed
  398  a semiautomatic firearm and its high-capacity detachable box
  399  magazine, an assault weapon or large-capacity magazine as
  400  defined in s. 790.30, or a machine gun as defined in s. 790.001,
  401  shall be sentenced to a minimum term of imprisonment of 15
  402  years.
  403         2. Any person who is convicted of a felony or an attempt to
  404  commit a felony listed in subparagraph (a)1., regardless of
  405  whether the use of a weapon is an element of the felony, and
  406  during the course of the commission of the felony such person
  407  discharged a semiautomatic firearm and its high-capacity box
  408  magazine, an assault weapon or large-capacity magazine as
  409  defined in s. 790.30, or a “machine gun” as defined in s.
  410  790.001 shall be sentenced to a minimum term of imprisonment of
  411  20 years.
  412         3. Any person who is convicted of a felony or an attempt to
  413  commit a felony listed in subparagraph (a)1., regardless of
  414  whether the use of a weapon is an element of the felony, and
  415  during the course of the commission of the felony such person
  416  discharged a semiautomatic firearm and its high-capacity box
  417  magazine, an assault weapon or large-capacity magazine as
  418  defined in s. 790.30, or a “machine gun” as defined in s.
  419  790.001 and, as the result of the discharge, death or great
  420  bodily harm was inflicted upon any person, the convicted person
  421  shall be sentenced to a minimum term of imprisonment of not less
  422  than 25 years and not more than a term of imprisonment of life
  423  in prison.
  424         Section 3. For the purpose of incorporating the amendment
  425  made by this act to section 775.087, Florida Statutes, in a
  426  reference thereto, section 27.366, Florida Statutes, is
  427  reenacted to read:
  428         27.366 Legislative intent and policy in cases meeting
  429  criteria of s. 775.087(2) and (3).—It is the intent of the
  430  Legislature that convicted criminal offenders who meet the
  431  criteria in s. 775.087(2) and (3) be sentenced to the minimum
  432  mandatory prison terms provided therein. It is the intent of the
  433  Legislature to establish zero tolerance of criminals who use,
  434  threaten to use, or avail themselves of firearms in order to
  435  commit crimes and thereby demonstrate their lack of value for
  436  human life. It is also the intent of the Legislature that
  437  prosecutors should appropriately exercise their discretion in
  438  those cases in which the offenders’ possession of the firearm is
  439  incidental to the commission of a crime and not used in
  440  furtherance of the crime, used in order to commit the crime, or
  441  used in preparation to commit the crime. For every case in which
  442  the offender meets the criteria in this act and does not receive
  443  the mandatory minimum prison sentence, the state attorney must
  444  explain the sentencing deviation in writing and place such
  445  explanation in the case file maintained by the state attorney.
  446         Section 4. For the purpose of incorporating the amendment
  447  made by this act to section 775.087, Florida Statutes, in a
  448  reference thereto, paragraph (b) of subsection (1) of section
  449  921.0024, Florida Statutes, is reenacted to read:
  450         921.0024 Criminal Punishment Code; worksheet computations;
  451  scoresheets.—
  452         (1)
  453         (b) WORKSHEET KEY:
  454  
  455  Legal status points are assessed when any form of legal status
  456  existed at the time the offender committed an offense before the
  457  court for sentencing. Four (4) sentence points are assessed for
  458  an offender’s legal status.
  459  
  460  Community sanction violation points are assessed when a
  461  community sanction violation is before the court for sentencing.
  462  Six (6) sentence points are assessed for each community sanction
  463  violation and each successive community sanction violation,
  464  unless any of the following apply:
  465         1. If the community sanction violation includes a new
  466  felony conviction before the sentencing court, twelve (12)
  467  community sanction violation points are assessed for the
  468  violation, and for each successive community sanction violation
  469  involving a new felony conviction.
  470         2. If the community sanction violation is committed by a
  471  violent felony offender of special concern as defined in s.
  472  948.06:
  473         a. Twelve (12) community sanction violation points are
  474  assessed for the violation and for each successive violation of
  475  felony probation or community control where:
  476         I. The violation does not include a new felony conviction;
  477  and
  478         II. The community sanction violation is not based solely on
  479  the probationer or offender’s failure to pay costs or fines or
  480  make restitution payments.
  481         b. Twenty-four (24) community sanction violation points are
  482  assessed for the violation and for each successive violation of
  483  felony probation or community control where the violation
  484  includes a new felony conviction.
  485  
  486  Multiple counts of community sanction violations before the
  487  sentencing court shall not be a basis for multiplying the
  488  assessment of community sanction violation points.
  489  
  490  Prior serious felony points: If the offender has a primary
  491  offense or any additional offense ranked in level 8, level 9, or
  492  level 10, and one or more prior serious felonies, a single
  493  assessment of thirty (30) points shall be added. For purposes of
  494  this section, a prior serious felony is an offense in the
  495  offender’s prior record that is ranked in level 8, level 9, or
  496  level 10 under s. 921.0022 or s. 921.0023 and for which the
  497  offender is serving a sentence of confinement, supervision, or
  498  other sanction or for which the offender’s date of release from
  499  confinement, supervision, or other sanction, whichever is later,
  500  is within 3 years before the date the primary offense or any
  501  additional offense was committed.
  502  
  503  Prior capital felony points: If the offender has one or more
  504  prior capital felonies in the offender’s criminal record, points
  505  shall be added to the subtotal sentence points of the offender
  506  equal to twice the number of points the offender receives for
  507  the primary offense and any additional offense. A prior capital
  508  felony in the offender’s criminal record is a previous capital
  509  felony offense for which the offender has entered a plea of nolo
  510  contendere or guilty or has been found guilty; or a felony in
  511  another jurisdiction which is a capital felony in that
  512  jurisdiction, or would be a capital felony if the offense were
  513  committed in this state.
  514  
  515  Possession of a firearm, semiautomatic firearm, or machine gun:
  516  If the offender is convicted of committing or attempting to
  517  commit any felony other than those enumerated in s. 775.087(2)
  518  while having in his or her possession: a firearm as defined in
  519  s. 790.001(6), an additional eighteen (18) sentence points are
  520  assessed; or if the offender is convicted of committing or
  521  attempting to commit any felony other than those enumerated in
  522  s. 775.087(3) while having in his or her possession a
  523  semiautomatic firearm as defined in s. 775.087(3) or a machine
  524  gun as defined in s. 790.001(9), an additional twenty-five (25)
  525  sentence points are assessed.
  526  
  527  Sentencing multipliers:
  528  
  529  Drug trafficking: If the primary offense is drug trafficking
  530  under s. 893.135, the subtotal sentence points are multiplied,
  531  at the discretion of the court, for a level 7 or level 8
  532  offense, by 1.5. The state attorney may move the sentencing
  533  court to reduce or suspend the sentence of a person convicted of
  534  a level 7 or level 8 offense, if the offender provides
  535  substantial assistance as described in s. 893.135(4).
  536  
  537  Law enforcement protection: If the primary offense is a
  538  violation of the Law Enforcement Protection Act under s.
  539  775.0823(2), (3), or (4), the subtotal sentence points are
  540  multiplied by 2.5. If the primary offense is a violation of s.
  541  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  542  are multiplied by 2.0. If the primary offense is a violation of
  543  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  544  Protection Act under s. 775.0823(10) or (11), the subtotal
  545  sentence points are multiplied by 1.5.
  546  
  547  Grand theft of a motor vehicle: If the primary offense is grand
  548  theft of the third degree involving a motor vehicle and in the
  549  offender’s prior record, there are three or more grand thefts of
  550  the third degree involving a motor vehicle, the subtotal
  551  sentence points are multiplied by 1.5.
  552  
  553  Offense related to a criminal gang: If the offender is convicted
  554  of the primary offense and committed that offense for the
  555  purpose of benefiting, promoting, or furthering the interests of
  556  a criminal gang as defined in s. 874.03, the subtotal sentence
  557  points are multiplied by 1.5. If applying the multiplier results
  558  in the lowest permissible sentence exceeding the statutory
  559  maximum sentence for the primary offense under chapter 775, the
  560  court may not apply the multiplier and must sentence the
  561  defendant to the statutory maximum sentence.
  562  
  563  Domestic violence in the presence of a child: If the offender is
  564  convicted of the primary offense and the primary offense is a
  565  crime of domestic violence, as defined in s. 741.28, which was
  566  committed in the presence of a child under 16 years of age who
  567  is a family or household member as defined in s. 741.28(3) with
  568  the victim or perpetrator, the subtotal sentence points are
  569  multiplied by 1.5.
  570  
  571  Adult-on-minor sex offense: If the offender was 18 years of age
  572  or older and the victim was younger than 18 years of age at the
  573  time the offender committed the primary offense, and if the
  574  primary offense was an offense committed on or after October 1,
  575  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  576  violation involved a victim who was a minor and, in the course
  577  of committing that violation, the defendant committed a sexual
  578  battery under chapter 794 or a lewd act under s. 800.04 or s.
  579  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  580  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  581  800.04; or s. 847.0135(5), the subtotal sentence points are
  582  multiplied by 2.0. If applying the multiplier results in the
  583  lowest permissible sentence exceeding the statutory maximum
  584  sentence for the primary offense under chapter 775, the court
  585  may not apply the multiplier and must sentence the defendant to
  586  the statutory maximum sentence.
  587         Section 5. For the purpose of incorporating the amendment
  588  made by this act to section 775.087, Florida Statutes, in a
  589  reference thereto, paragraph (b) of subsection (3) of section
  590  947.146, Florida Statutes, is reenacted to read:
  591         947.146 Control Release Authority.—
  592         (3) Within 120 days prior to the date the state
  593  correctional system is projected pursuant to s. 216.136 to
  594  exceed 99 percent of total capacity, the authority shall
  595  determine eligibility for and establish a control release date
  596  for an appropriate number of parole ineligible inmates committed
  597  to the department and incarcerated within the state who have
  598  been determined by the authority to be eligible for
  599  discretionary early release pursuant to this section. In
  600  establishing control release dates, it is the intent of the
  601  Legislature that the authority prioritize consideration of
  602  eligible inmates closest to their tentative release date. The
  603  authority shall rely upon commitment data on the offender
  604  information system maintained by the department to initially
  605  identify inmates who are to be reviewed for control release
  606  consideration. The authority may use a method of objective risk
  607  assessment in determining if an eligible inmate should be
  608  released. Such assessment shall be a part of the department’s
  609  management information system. However, the authority shall have
  610  sole responsibility for determining control release eligibility,
  611  establishing a control release date, and effectuating the
  612  release of a sufficient number of inmates to maintain the inmate
  613  population between 99 percent and 100 percent of total capacity.
  614  Inmates who are ineligible for control release are inmates who
  615  are parole eligible or inmates who:
  616         (b) Are serving the mandatory minimum portion of a sentence
  617  enhanced under s. 775.087(2) or (3), or s. 784.07(3);
  618  
  619  In making control release eligibility determinations under this
  620  subsection, the authority may rely on any document leading to or
  621  generated during the course of the criminal proceedings,
  622  including, but not limited to, any presentence or postsentence
  623  investigation or any information contained in arrest reports
  624  relating to circumstances of the offense.
  625         Section 6. This act shall take effect October 1, 2018.
  626  
  627  ================= T I T L E  A M E N D M E N T ================
  628  And the title is amended as follows:
  629         Delete everything before the enacting clause
  630  and insert:
  631                        A bill to be entitled                      
  632         An act relating to gun safety; creating s. 790.30,
  633         F.S.; defining terms; prohibiting the sale or transfer
  634         of an assault weapon or large-capacity magazine;
  635         providing exceptions; providing criminal penalties;
  636         prohibiting possession of an assault weapon or large
  637         capacity magazine; providing criminal penalties;
  638         providing exceptions; requiring certificates of
  639         possession for assault weapons or large-capacity
  640         magazines lawfully possessed before a specified date;
  641         requiring the Department of Law Enforcement to adopt
  642         rules by a certain date; limiting transfers of assault
  643         weapons or large-capacity magazines represented by
  644         such certificates; providing conditions for continued
  645         possession of such weapons or large-capacity
  646         magazines; requiring certificates of transfer for
  647         transfers of assault weapons or large-capacity
  648         magazines; providing for relinquishment of assault
  649         weapons or large-capacity magazines; providing
  650         requirements for transportation of assault weapons or
  651         large-capacity magazines; providing criminal
  652         penalties; specifying circumstances in which the
  653         manufacture or transportation of assault weapons or
  654         large-capacity magazines is not prohibited; exempting
  655         permanently inoperable firearms from provisions;
  656         amending s. 775.087, F.S.; providing enhanced criminal
  657         penalties for certain offenses when committed with an
  658         assault weapon or large-capacity magazine; reenacting
  659         ss. 27.366, 921.0024(1)(b), and 947.146(3)(b), F.S.,
  660         relating to legislative intent and policy in certain
  661         cases, the Criminal Punishment Code worksheet key, and
  662         the Control Release Authority, respectively, to
  663         incorporate the amendment made to s. 775.087, F.S., in
  664         references thereto; providing an effective date.