HB 947

1	A bill to be entitled
2	An act relating to possession of a firearm or
3	destructive device during the commission of an
4	offense; amending s. 775.087, F.S.; providing that an
5	exception to the 10-year minimum term for persons
6	convicted of certain offenses during which the person
7	actually possessed a firearm or destructive device
8	does not to apply to offenders convicted for
9	possession of a firearm by a felon who have certain
10	prior convictions; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Paragraph (a) of subsection (2) of section
15	775.087, Florida Statutes, is amended to read:
16	775.087  Possession or use of weapon; aggravated battery;
17	felony reclassification; minimum sentence.-
18	(2)(a)1.  Any person who is convicted of a felony or an
19	attempt to commit a felony, regardless of whether the use of a
20	weapon is an element of the felony, and the conviction was for:
21	a.  Murder;
22	b.  Sexual battery;
23	c.  Robbery;
24	d.  Burglary;
25	e.  Arson;
26	f.  Aggravated assault;
27	g.  Aggravated battery;
28	h.  Kidnapping;
29	i.  Escape;
30	j.  Aircraft piracy;
31	k.  Aggravated child abuse;
32	l.  Aggravated abuse of an elderly person or disabled
33	adult;
34	m.  Unlawful throwing, placing, or discharging of a
35	destructive device or bomb;
36	n.  Carjacking;
37	o.  Home-invasion robbery;
38	p.  Aggravated stalking;
39	q.  Trafficking in cannabis, trafficking in cocaine,
40	capital importation of cocaine, trafficking in illegal drugs,
41	capital importation of illegal drugs, trafficking in
42	phencyclidine, capital importation of phencyclidine, trafficking
43	in methaqualone, capital importation of methaqualone,
44	trafficking in amphetamine, capital importation of amphetamine,
45	trafficking in flunitrazepam, trafficking in gamma-
46	hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
47	trafficking in Phenethylamines, or other violation of s.
48	893.135(1); or
49	r.  Possession of a firearm by a felon
50
51	and during the commission of the offense, such person actually
52	possessed a "firearm" or "destructive device" as those terms are
53	defined in s. 790.001, shall be sentenced to a minimum term of
54	imprisonment of 10 years, except that a person who is convicted
55	for aggravated assault, possession of a firearm by a felon, or
56	burglary of a conveyance shall be sentenced to a minimum term of
57	imprisonment of 3 years if such person possessed a "firearm" or
58	"destructive device" during the commission of the offense unless
59	such a person convicted for possession of a firearm by a felon
60	has a previous conviction of a felony or an attempt to commit a
61	felony listed in s. 775.084(1)(b)1. and actually possessed a
62	"firearm" or "destructive device" during the commission of that
63	offense.
64	2.  Any person who is convicted of a felony or an attempt
65	to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
66	regardless of whether the use of a weapon is an element of the
67	felony, and during the course of the commission of the felony
68	such person discharged a "firearm" or "destructive device" as
69	defined in s. 790.001 shall be sentenced to a minimum term of
70	imprisonment of 20 years.
71	3.  Any person who is convicted of a felony or an attempt
72	to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
73	regardless of whether the use of a weapon is an element of the
74	felony, and during the course of the commission of the felony
75	such person discharged a "firearm" or "destructive device" as
76	defined in s. 790.001 and, as the result of the discharge, death
77	or great bodily harm was inflicted upon any person, the
78	convicted person shall be sentenced to a minimum term of
79	imprisonment of not less than 25 years and not more than a term
80	of imprisonment of life in prison.
81	Section 2.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.