Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì232056ÂÎ232056                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/03/2018 05:59 PM       .                                
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       Senator Farmer moved the following:
       
    1         Senate Amendment to Substitute Amendment (726990) (with
    2  title amendment)
    3  
    4         Between lines 301 and 302
    5  insert:
    6         Section 9. Effective January 1, 2019, section 790.30,
    7  Florida Statutes, is created to read:
    8         790.30 Large-capacity magazines.—
    9         (1) DEFINITIONS.—As used in this section, the term:
   10         (a)“Large-capacity magazine” means any ammunition feeding
   11  device with the capacity to accept more than 10 rounds, or any
   12  conversion kit, part, or combination of parts from which such a
   13  device can be assembled if those parts are in the possession or
   14  under the control of the same person, but does not include any
   15  of the following:
   16         1. A feeding device that has been permanently altered so
   17  that it cannot accommodate more than 7 rounds;
   18         2. A .22 caliber tube ammunition feeding device; or
   19         3. A tubular magazine that is contained in a lever-action
   20  firearm.
   21         (b) “Licensed gun dealer” means a person who has a federal
   22  firearms license.
   23         (2) SALE OR TRANSFER.—
   24         (a) A person may not import into the state or, within this
   25  state, distribute, transport, sell, keep for sale, offer or
   26  expose for sale, or give a large-capacity magazine. Except as
   27  provided in paragraph (b), any person who violates this
   28  paragraph commits a felony of the third degree, punishable as
   29  provided in s. 775.082, s. 775.083, or s. 775.084, with a
   30  mandatory minimum term of imprisonment of 2 years.
   31         (b) A person may not transfer, sell, or give a large
   32  capacity magazine to a person under 18 years of age. Any person
   33  who violates this paragraph commits a felony of the second
   34  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   35  775.084, with a mandatory minimum term of imprisonment of 6
   36  years.
   37         (c) Paragraph (a) does not apply to:
   38         1. The sale of large-capacity magazines to the Department
   39  of Law Enforcement, to a law enforcement agency as defined in s.
   40  934.02, to the Department of Corrections, or to the military,
   41  air, or naval forces of this state or the United States for use
   42  in the discharge of their official duties.
   43         2. A person who is the executor or administrator of an
   44  estate that includes a large-capacity magazine for which a
   45  certificate of possession has been issued under subsection (4)
   46  which is disposed of as authorized by the probate court, if the
   47  disposition is otherwise authorized under this section.
   48         3. The transfer by bequest or intestate succession of a
   49  large-capacity magazine for which a certificate of possession
   50  has been issued under subsection (4).
   51         (3) POSSESSION.—
   52         (a) Except as provided in subsection (5) or otherwise
   53  provided in this section or authorized by any other law, a
   54  person may not, within this state, possess a large-capacity
   55  magazine. Any person who violates this paragraph commits a
   56  felony of the third degree, punishable as provided in s.
   57  775.082, s. 775.083, or s. 775.084, with a mandatory minimum
   58  term of imprisonment of 1 year.
   59         (b) Paragraph (a) does not apply to the possession of a
   60  large-capacity magazine by a member or employee of the
   61  Department of Law Enforcement, a law enforcement agency as
   62  defined in s. 934.02, the Department of Corrections, or the
   63  military, air, or naval forces of this state or of the United
   64  States for use in the discharge of his or her official duties;
   65  nor does this section prohibit the possession or use of a large
   66  capacity magazine by a sworn member of one of these agencies
   67  when on duty and the use is within the scope of his or her
   68  duties.
   69         (c) Paragraph (a) does not apply to the possession of a
   70  large-capacity magazine by any person before July 1, 2019, if
   71  all of the following are applicable:
   72         1. The person is eligible to apply for a certificate of
   73  possession for the large-capacity magazine by July 1, 2019;
   74         2. The person lawfully possessed the large-capacity
   75  magazine before October 1, 2018; and
   76         3. The person is otherwise in compliance with this section
   77  and the applicable requirements of this chapter for possession
   78  of a firearm.
   79         (d) Paragraph (a) does not apply to a person who is the
   80  executor or administrator of an estate that includes a large
   81  capacity magazine for which a certificate of possession has been
   82  issued under subsection (4), if the large-capacity magazine is
   83  possessed at a place set forth in subparagraph (4)(c)1. or as
   84  authorized by the probate court.
   85         (4) CERTIFICATE OF POSSESSION.—
   86         (a) Any person who lawfully possesses a large-capacity
   87  magazine before October 1, 2018, shall apply by October 1, 2019,
   88  or, if such person is a member of the military or naval forces
   89  of this state or of the United States and cannot apply by
   90  October 1, 2019, because he or she is or was on official duty
   91  outside this state, shall apply within 90 days after returning
   92  to the state, to the Department of Law Enforcement for a
   93  certificate of possession with respect to such large-capacity
   94  magazine. The certificate must contain a description of the
   95  large-capacity magazine which identifies the large-capacity
   96  magazine uniquely, including all identification marks; the full
   97  name, address, date of birth, and thumbprint of the owner; and
   98  any other information as the department may deem appropriate.
   99  The department shall adopt rules no later than January 1, 2019,
  100  to establish procedures with respect to the application for, and
  101  issuance of, certificates of possession under this section.
  102         (b)1. A large-capacity magazine lawfully possessed in
  103  accordance with this section may not be sold or transferred on
  104  or after January 1, 2019, to any person within this state other
  105  than to a licensed gun dealer, as provided in subsection (5), or
  106  by a bequest or intestate succession.
  107         2. A person who obtains title to a large-capacity magazine
  108  for which a certificate of possession has been issued under this
  109  subsection shall, within 90 days after obtaining title, apply to
  110  the Department of Law Enforcement for a certificate of
  111  possession, render the large-capacity magazine permanently
  112  inoperable, sell the large-capacity magazine to a licensed gun
  113  dealer, or remove the large-capacity magazine from the state.
  114         3. A person who moves into the state and who is in lawful
  115  possession of a large-capacity magazine, shall, within 90 days,
  116  either render the large-capacity magazine permanently
  117  inoperable, sell the large-capacity magazine to a licensed gun
  118  dealer, or remove the large-capacity magazine from this state,
  119  unless the person is a member of the military, air, or naval
  120  forces of this state or of the United States, is in lawful
  121  possession of a large-capacity magazine, and has been
  122  transferred into the state after October 1, 2019.
  123         (c) A person who has been issued a certificate of
  124  possession for a large-capacity magazine under this subsection
  125  may possess it only if the person is:
  126         1. At the residence, the place of business, or any other
  127  property owned by that person, or on a property owned by another
  128  person with the owner’s express permission;
  129         2. On the premises of a target range of a public or private
  130  club or organization organized for the purpose of practicing
  131  shooting at targets;
  132         3. On a target range that holds a regulatory or business
  133  license for the purpose of practicing shooting at that target
  134  range;
  135         4. On the premises of a licensed shooting club;
  136         5. Attending an exhibition, display, or educational project
  137  on firearms which is sponsored by, conducted under the auspices
  138  of, or approved by a law enforcement agency or a nationally or
  139  state-recognized entity that fosters proficiency in, or promotes
  140  education about, firearms; or
  141         6. Transporting the large-capacity magazine between any of
  142  the places mentioned in this paragraph, or from or to any
  143  licensed gun dealer for servicing or repair pursuant to
  144  paragraph (7)(b), provided the large-capacity magazine is
  145  transported as required by subsection (7).
  146         (5) CERTIFICATE OF TRANSFER.—If an owner of a large
  147  capacity magazine sells or transfers the magazine to a licensed
  148  gun dealer, he or she shall, at the time of delivery of the
  149  magazine, execute a certificate of transfer and cause the
  150  certificate to be mailed or delivered to the Department of Law
  151  Enforcement. The certificate must contain:
  152         (a) The date of sale or transfer.
  153         (b) The name and address of the seller or transferor and
  154  the licensed gun dealer and their social security numbers or
  155  driver license numbers.
  156         (c) The licensed gun dealer’s federal firearms license
  157  number.
  158         (d) Any other information the Department of Law Enforcement
  159  prescribes.
  160  
  161  The licensed gun dealer shall present his or her driver license
  162  or social security card and federal firearms license to the
  163  seller or transferor for inspection at the time of purchase or
  164  transfer. The Department of Law Enforcement shall maintain a
  165  file of all certificates of transfer at its headquarters.
  166         (6) RELINQUISHMENT.—An individual may arrange in advance to
  167  relinquish a large-capacity magazine to a law enforcement agency
  168  as defined in s. 934.02 or the Department of Law Enforcement.
  169  The large-capacity magazine shall be transported in accordance
  170  with subsection (7).
  171         (7) TRANSPORTATION.—
  172         (a) A licensed gun dealer who lawfully purchases for resale
  173  a large-capacity magazine under this section may transport the
  174  large-capacity magazine between licensed gun dealers or out of
  175  this state, but a person may not carry a large-capacity magazine
  176  concealed from public view, unless such large-capacity magazine
  177  is kept in the trunk of such vehicle or in a case or other
  178  container that is inaccessible to the operator of or any
  179  passenger in such vehicle. Any person who violates this
  180  paragraph commits a misdemeanor of the second degree, punishable
  181  as provided in s. 775.082 or s. 775.083. Any licensed gun dealer
  182  may display the large-capacity magazine at any gun show or sell
  183  it to a resident outside this state.
  184         (b) Any licensed gun dealer may transfer possession of any
  185  large-capacity magazine received pursuant to paragraph (a) to a
  186  gunsmith for purposes of accomplishing service or repair of the
  187  same. Transfers are permissible only to a gunsmith who is:
  188         1. In the licensed gun dealer’s employ; or
  189         2. Contracted by the licensed gun dealer for gunsmithing
  190  services, provided the gunsmith holds a dealer’s license issued
  191  pursuant to chapter 44 of Title 18 the United States Code, 18
  192  U.S.C. ss. 921 et seq., and the regulations issued pursuant
  193  thereto.
  194         (8) CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
  195  NOT PROHIBITED.—This section does not prohibit any person, firm,
  196  or corporation engaged in the business of manufacturing large
  197  capacity magazines in this state from manufacturing or
  198  transporting large-capacity magazines in this state for sale
  199  within this state in accordance with subparagraph (2)(c)1. or
  200  for sale outside this state.
  201         (9) EXCEPTION.—This section does not apply to any magazine
  202  modified to render it permanently inoperable.
  203         Section 10. Effective January 1, 2019, paragraph (a) of
  204  subsection (3) of section 775.087, Florida Statutes, is amended
  205  to read:
  206         775.087 Possession or use of weapon; aggravated battery;
  207  felony reclassification; minimum sentence.—
  208         (3)(a)1. Any person who is convicted of a felony or an
  209  attempt to commit a felony, regardless of whether the use of a
  210  firearm is an element of the felony, and the conviction was for:
  211         a. Murder;
  212         b. Sexual battery;
  213         c. Robbery;
  214         d. Burglary;
  215         e. Arson;
  216         f. Aggravated battery;
  217         g. Kidnapping;
  218         h. Escape;
  219         i. Sale, manufacture, delivery, or intent to sell,
  220  manufacture, or deliver any controlled substance;
  221         j. Aircraft piracy;
  222         k. Aggravated child abuse;
  223         l. Aggravated abuse of an elderly person or disabled adult;
  224         m. Unlawful throwing, placing, or discharging of a
  225  destructive device or bomb;
  226         n. Carjacking;
  227         o. Home-invasion robbery;
  228         p. Aggravated stalking; or
  229         q. Trafficking in cannabis, trafficking in cocaine, capital
  230  importation of cocaine, trafficking in illegal drugs, capital
  231  importation of illegal drugs, trafficking in phencyclidine,
  232  capital importation of phencyclidine, trafficking in
  233  methaqualone, capital importation of methaqualone, trafficking
  234  in amphetamine, capital importation of amphetamine, trafficking
  235  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  236  (GHB), trafficking in 1,4-Butanediol, trafficking in
  237  Phenethylamines, or other violation of s. 893.135(1);
  238  
  239  and during the commission of the offense, such person possessed
  240  a semiautomatic firearm and its high-capacity detachable box
  241  magazine, or a large-capacity magazine as defined in s. 790.30,
  242  or a machine gun as defined in s. 790.001, shall be sentenced to
  243  a minimum term of imprisonment of 15 years.
  244         2. Any person who is convicted of a felony or an attempt to
  245  commit a felony listed in subparagraph (a)1., regardless of
  246  whether the use of a weapon is an element of the felony, and
  247  during the course of the commission of the felony such person
  248  discharged a semiautomatic firearm and its high-capacity box
  249  magazine, or a large-capacity magazine as defined in s. 790.30,
  250  or a “machine gun” as defined in s. 790.001 shall be sentenced
  251  to a minimum term of imprisonment of 20 years.
  252         3. Any person who is convicted of a felony or an attempt to
  253  commit a felony listed in subparagraph (a)1., regardless of
  254  whether the use of a weapon is an element of the felony, and
  255  during the course of the commission of the felony such person
  256  discharged a semiautomatic firearm and its high-capacity box
  257  magazine, or a large-capacity magazine as defined in s. 790.30,
  258  or a “machine gun” as defined in s. 790.001 and, as the result
  259  of the discharge, death or great bodily harm was inflicted upon
  260  any person, the convicted person shall be sentenced to a minimum
  261  term of imprisonment of not less than 25 years and not more than
  262  a term of imprisonment of life in prison.
  263         Section 11. For the purpose of incorporating the amendment
  264  made by this act to section 775.087, Florida Statutes, in a
  265  reference thereto, section 27.366, Florida Statutes, is
  266  reenacted to read:
  267         27.366 Legislative intent and policy in cases meeting
  268  criteria of s. 775.087(2) and (3).—It is the intent of the
  269  Legislature that convicted criminal offenders who meet the
  270  criteria in s. 775.087(2) and (3) be sentenced to the minimum
  271  mandatory prison terms provided therein. It is the intent of the
  272  Legislature to establish zero tolerance of criminals who use,
  273  threaten to use, or avail themselves of firearms in order to
  274  commit crimes and thereby demonstrate their lack of value for
  275  human life. It is also the intent of the Legislature that
  276  prosecutors should appropriately exercise their discretion in
  277  those cases in which the offenders’ possession of the firearm is
  278  incidental to the commission of a crime and not used in
  279  furtherance of the crime, used in order to commit the crime, or
  280  used in preparation to commit the crime. For every case in which
  281  the offender meets the criteria in this act and does not receive
  282  the mandatory minimum prison sentence, the state attorney must
  283  explain the sentencing deviation in writing and place such
  284  explanation in the case file maintained by the state attorney.
  285         Section 12. For the purpose of incorporating the amendment
  286  made by this act to section 775.087, Florida Statutes, in a
  287  reference thereto, paragraph (b) of subsection (1) of section
  288  921.0024, Florida Statutes, is reenacted to read:
  289         921.0024 Criminal Punishment Code; worksheet computations;
  290  scoresheets.—
  291         (1)
  292         (b) WORKSHEET KEY:
  293  
  294  Legal status points are assessed when any form of legal status
  295  existed at the time the offender committed an offense before the
  296  court for sentencing. Four (4) sentence points are assessed for
  297  an offender’s legal status.
  298  
  299  Community sanction violation points are assessed when a
  300  community sanction violation is before the court for sentencing.
  301  Six (6) sentence points are assessed for each community sanction
  302  violation and each successive community sanction violation,
  303  unless any of the following apply:
  304         1. If the community sanction violation includes a new
  305  felony conviction before the sentencing court, twelve (12)
  306  community sanction violation points are assessed for the
  307  violation, and for each successive community sanction violation
  308  involving a new felony conviction.
  309         2. If the community sanction violation is committed by a
  310  violent felony offender of special concern as defined in s.
  311  948.06:
  312         a. Twelve (12) community sanction violation points are
  313  assessed for the violation and for each successive violation of
  314  felony probation or community control where:
  315         I. The violation does not include a new felony conviction;
  316  and
  317         II. The community sanction violation is not based solely on
  318  the probationer or offender’s failure to pay costs or fines or
  319  make restitution payments.
  320         b. Twenty-four (24) community sanction violation points are
  321  assessed for the violation and for each successive violation of
  322  felony probation or community control where the violation
  323  includes a new felony conviction.
  324  
  325  Multiple counts of community sanction violations before the
  326  sentencing court shall not be a basis for multiplying the
  327  assessment of community sanction violation points.
  328  
  329  Prior serious felony points: If the offender has a primary
  330  offense or any additional offense ranked in level 8, level 9, or
  331  level 10, and one or more prior serious felonies, a single
  332  assessment of thirty (30) points shall be added. For purposes of
  333  this section, a prior serious felony is an offense in the
  334  offender’s prior record that is ranked in level 8, level 9, or
  335  level 10 under s. 921.0022 or s. 921.0023 and for which the
  336  offender is serving a sentence of confinement, supervision, or
  337  other sanction or for which the offender’s date of release from
  338  confinement, supervision, or other sanction, whichever is later,
  339  is within 3 years before the date the primary offense or any
  340  additional offense was committed.
  341  
  342  Prior capital felony points: If the offender has one or more
  343  prior capital felonies in the offender’s criminal record, points
  344  shall be added to the subtotal sentence points of the offender
  345  equal to twice the number of points the offender receives for
  346  the primary offense and any additional offense. A prior capital
  347  felony in the offender’s criminal record is a previous capital
  348  felony offense for which the offender has entered a plea of nolo
  349  contendere or guilty or has been found guilty; or a felony in
  350  another jurisdiction which is a capital felony in that
  351  jurisdiction, or would be a capital felony if the offense were
  352  committed in this state.
  353  
  354  Possession of a firearm, semiautomatic firearm, or machine gun:
  355  If the offender is convicted of committing or attempting to
  356  commit any felony other than those enumerated in s. 775.087(2)
  357  while having in his or her possession: a firearm as defined in
  358  s. 790.001(6), an additional eighteen (18) sentence points are
  359  assessed; or if the offender is convicted of committing or
  360  attempting to commit any felony other than those enumerated in
  361  s. 775.087(3) while having in his or her possession a
  362  semiautomatic firearm as defined in s. 775.087(3) or a machine
  363  gun as defined in s. 790.001(9), an additional twenty-five (25)
  364  sentence points are assessed.
  365  
  366  Sentencing multipliers:
  367  
  368  Drug trafficking: If the primary offense is drug trafficking
  369  under s. 893.135, the subtotal sentence points are multiplied,
  370  at the discretion of the court, for a level 7 or level 8
  371  offense, by 1.5. The state attorney may move the sentencing
  372  court to reduce or suspend the sentence of a person convicted of
  373  a level 7 or level 8 offense, if the offender provides
  374  substantial assistance as described in s. 893.135(4).
  375  
  376  Law enforcement protection: If the primary offense is a
  377  violation of the Law Enforcement Protection Act under s.
  378  775.0823(2), (3), or (4), the subtotal sentence points are
  379  multiplied by 2.5. If the primary offense is a violation of s.
  380  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  381  are multiplied by 2.0. If the primary offense is a violation of
  382  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  383  Protection Act under s. 775.0823(10) or (11), the subtotal
  384  sentence points are multiplied by 1.5.
  385  
  386  Grand theft of a motor vehicle: If the primary offense is grand
  387  theft of the third degree involving a motor vehicle and in the
  388  offender’s prior record, there are three or more grand thefts of
  389  the third degree involving a motor vehicle, the subtotal
  390  sentence points are multiplied by 1.5.
  391  
  392  Offense related to a criminal gang: If the offender is convicted
  393  of the primary offense and committed that offense for the
  394  purpose of benefiting, promoting, or furthering the interests of
  395  a criminal gang as defined in s. 874.03, the subtotal sentence
  396  points are multiplied by 1.5. If applying the multiplier results
  397  in the lowest permissible sentence exceeding the statutory
  398  maximum sentence for the primary offense under chapter 775, the
  399  court may not apply the multiplier and must sentence the
  400  defendant to the statutory maximum sentence.
  401  
  402  Domestic violence in the presence of a child: If the offender is
  403  convicted of the primary offense and the primary offense is a
  404  crime of domestic violence, as defined in s. 741.28, which was
  405  committed in the presence of a child under 16 years of age who
  406  is a family or household member as defined in s. 741.28(3) with
  407  the victim or perpetrator, the subtotal sentence points are
  408  multiplied by 1.5.
  409  
  410  Adult-on-minor sex offense: If the offender was 18 years of age
  411  or older and the victim was younger than 18 years of age at the
  412  time the offender committed the primary offense, and if the
  413  primary offense was an offense committed on or after October 1,
  414  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  415  violation involved a victim who was a minor and, in the course
  416  of committing that violation, the defendant committed a sexual
  417  battery under chapter 794 or a lewd act under s. 800.04 or s.
  418  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  419  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  420  800.04; or s. 847.0135(5), the subtotal sentence points are
  421  multiplied by 2.0. If applying the multiplier results in the
  422  lowest permissible sentence exceeding the statutory maximum
  423  sentence for the primary offense under chapter 775, the court
  424  may not apply the multiplier and must sentence the defendant to
  425  the statutory maximum sentence.
  426         Section 13. For the purpose of incorporating the amendment
  427  made by this act to section 775.087, Florida Statutes, in a
  428  reference thereto, paragraph (b) of subsection (3) of section
  429  947.146, Florida Statutes, is reenacted to read:
  430         947.146 Control Release Authority.—
  431         (3) Within 120 days prior to the date the state
  432  correctional system is projected pursuant to s. 216.136 to
  433  exceed 99 percent of total capacity, the authority shall
  434  determine eligibility for and establish a control release date
  435  for an appropriate number of parole ineligible inmates committed
  436  to the department and incarcerated within the state who have
  437  been determined by the authority to be eligible for
  438  discretionary early release pursuant to this section. In
  439  establishing control release dates, it is the intent of the
  440  Legislature that the authority prioritize consideration of
  441  eligible inmates closest to their tentative release date. The
  442  authority shall rely upon commitment data on the offender
  443  information system maintained by the department to initially
  444  identify inmates who are to be reviewed for control release
  445  consideration. The authority may use a method of objective risk
  446  assessment in determining if an eligible inmate should be
  447  released. Such assessment shall be a part of the department’s
  448  management information system. However, the authority shall have
  449  sole responsibility for determining control release eligibility,
  450  establishing a control release date, and effectuating the
  451  release of a sufficient number of inmates to maintain the inmate
  452  population between 99 percent and 100 percent of total capacity.
  453  Inmates who are ineligible for control release are inmates who
  454  are parole eligible or inmates who:
  455         (b) Are serving the mandatory minimum portion of a sentence
  456  enhanced under s. 775.087(2) or (3), or s. 784.07(3);
  457  
  458  In making control release eligibility determinations under this
  459  subsection, the authority may rely on any document leading to or
  460  generated during the course of the criminal proceedings,
  461  including, but not limited to, any presentence or postsentence
  462  investigation or any information contained in arrest reports
  463  relating to circumstances of the offense.
  464  
  465  ================= T I T L E  A M E N D M E N T ================
  466  And the title is amended as follows:
  467         Between lines 2273 and 2274
  468  insert:
  469         creating s. 790.30, F.S.; defining terms; prohibiting
  470         the sale or transfer of a large-capacity magazine;
  471         providing criminal penalties; providing exceptions to
  472         the prohibition; prohibiting possession of a large
  473         capacity magazine; providing criminal penalties;
  474         providing exceptions to the prohibition; requiring a
  475         person who lawfully possessed such a magazine before a
  476         specified date to obtain a certificate of possession;
  477         providing requirements for the certificate; requiring
  478         the Department of Law Enforcement to adopt rules by a
  479         certain date; limiting transfers of large-capacity
  480         magazines represented by such certificates as of a
  481         specified date; providing conditions for continued
  482         possession of such magazines; requiring certificates
  483         of transfer for the sale or transfer of such
  484         magazines; requiring that the department maintain
  485         records of such sales or transfers; providing for
  486         relinquishment of large-capacity magazines to law
  487         enforcement agencies or the department; providing
  488         requirements for transportation of large-capacity
  489         magazines; providing criminal penalties for
  490         violations; specifying circumstances in which the
  491         manufacture or transportation of large-capacity
  492         magazines is not prohibited; exempting permanently
  493         inoperable magazines from all such provisions;
  494         amending s. 775.087, F.S.; providing enhanced criminal
  495         penalties for certain offenses committed by persons
  496         with a large-capacity magazine; reenacting ss. 27.366,
  497         921.0024(1)(b), and 947.146(3)(b), F.S., relating to
  498         legislative intent and policy in certain cases, the
  499         Criminal Punishment Code worksheet key, and the
  500         Control Release Authority, respectively, to
  501         incorporate the amendment made to s. 775.087, F.S., in
  502         references thereto;