Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì757184?Î757184                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/03/2018 05:57 PM       .                                
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       Senator Stewart moved the following:
       
    1         Senate Amendment to Substitute Amendment (726990) (with
    2  title amendment)
    3  
    4         Between lines 327 and 328
    5  insert:
    6         Section 10. Section 790.30, Florida Statutes, is created to
    7  read:
    8         Section 790.30 Definitions.—As used in this section, the
    9  term:
   10         (1)“Assault weapon” means:
   11         (a) A selective-fire firearm capable of fully automatic or
   12  burst fire at the option of the user.
   13         (b) A part or combination of parts that convert a firearm
   14  into an assault weapon, or any combination of parts from which
   15  an assault weapon may be assembled if those parts are in the
   16  possession or under the control of the same person.
   17         (c)A firearm not listed in this subsection which meets the
   18  criteria of one of the following subparagraphs:
   19         1.A semiautomatic rifle that has an ability to accept a
   20  detachable magazine and that has one or more of the following:
   21         a.A pistol grip that protrudes conspicuously beneath the
   22  action of the weapon or any feature functioning as a protruding
   23  grip that can be held by the nontrigger hand, or a thumbhole
   24  stock.
   25         b.A bayonet mount.
   26         c.A flash suppressor or threaded barrel designed to
   27  accommodate a flash suppressor.
   28         d.A grenade launcher.
   29         e.A shroud that is attached to the barrel, or that
   30  partially or completely encircles the barrel and allows the
   31  bearer to hold the firearm with the nontrigger hand without
   32  being burned, but excluding a slide that encloses the barrel.
   33         2.A semiautomatic pistol that has an ability to accept a
   34  detachable magazine and that has one or more of the following:
   35         a.The capacity to accept an ammunition magazine that
   36  attaches to the pistol at any location outside the pistol grip.
   37         b.A threaded barrel capable of accepting a barrel
   38  extender, flash suppressor, forward handgrip, or silencer.
   39         c.A slide that encloses the barrel and that allows the
   40  shooter to hold the firearm with the nontrigger hand without
   41  being burned.
   42         d.A semiautomatic version of an automatic firearm.
   43         e.Any feature capable of functioning as a protruding grip
   44  that can be held by the nontrigger hand.
   45         f.A folding, telescoping, or thumbhole stock.
   46         3.A semiautomatic shotgun that has one or more of the
   47  following:
   48         a.A pistol grip that protrudes conspicuously beneath the
   49  action of the weapon.
   50         b.A thumbhole stock.
   51         c.A fixed-magazine capacity in excess of 5 rounds.
   52         d.An ability to accept a detachable magazine.
   53         e.A semiautomatic pistol or a semiautomatic, centerfire,
   54  or rimfire rifle with a fixed magazine that has the capacity to
   55  accept more than 10 rounds of ammunition.
   56         f.A part or combination of parts designed or intended to
   57  convert a firearm into an assault weapon, or any combination of
   58  parts from which an assault weapon may be assembled if those
   59  parts are in the possession or under the control of the same
   60  person.
   61         (2)“Large-capacity magazine” means any ammunition feeding
   62  device with the capacity to accept more than 15 rounds, or any
   63  conversion kit, part, or combination of parts from which such a
   64  device can be assembled if those parts are in the possession or
   65  under the control of the same person, but does not include any
   66  of the following:
   67         (a)A feeding device that has been permanently altered so
   68  that it cannot accommodate more than 7 rounds;
   69         (b)A .22 caliber tube ammunition feeding device; or
   70         (c)A tubular magazine that is contained in a lever-action
   71  firearm.
   72         Section 11. Section 790.305, Florida Statutes, is created
   73  to read:
   74         Section 790.305 Permit for ownership of an assault weapon.
   75         (1)(a) The Department of Law Enforcement shall issue a
   76  permit for ownership of an assault weapon to an applicant who
   77  submits a completed application and a one-time fee of $1,000,
   78  after the applicant has met the requirements of s. 790.065.
   79         (b) All proceeds collected shall be deposited in the
   80  Florida Education Finance Program to pay for the mental health
   81  assistance allocation as defined in 1011.62(16).
   82         (2) A person who purchases an assault weapons in this state
   83  after the effective date of this act must acquire a valid permit
   84  for ownership issued pursuant to this section at the time of
   85  sale, distribution, transfer, or gifting.
   86         (3) By July 1, 2020, all persons who own an assault weapon
   87  in this state must hold a valid permit for ownership of an
   88  assault weapon pursuant to this section. A person who violates
   89  this subsection commits a misdemeanor of the first degree,
   90  punishable as provided in s. 775.082 or s. 775.083.
   91         (4) In lieu of obtaining a valid permit under this section,
   92  an individual may arrange to relinquish an assault weapon to a
   93  law enforcement agency, as defined in s. 934.02(10), or the
   94  Department of Law Enforcement.
   95         (5) The Department of Law Enforcement must adopt rules and
   96  procedures to administer this section.
   97  
   98  ================= T I T L E  A M E N D M E N T ================
   99  And the title is amended as follows:
  100         Delete line 2285
  101  and insert:
  102         relief; creating s. 790.30, F.S.; defining the terms
  103         “assault weapon” and “large-capacity magazine”;
  104         creating s. 790.305, F.S.; requiring the Department of
  105         Law Enforcement to issue a permit for ownership of an
  106         assault weapon to an applicant who submits a completed
  107         application and a one-time specified fee after the
  108         applicant has met specified requirements; requiring
  109         all proceeds collected to be deposited in the Florida
  110         Education Finance Program to pay for mental health
  111         assistance allocation; requiring a person who
  112         purchases an assault weapons in this state after a
  113         specified date to acquire a valid permit for ownership
  114         issued at the time of sale, distribution, transfer, or
  115         gifting; beginning on a specified date, requiring all
  116         persons who own an assault weapon in this state to
  117         hold a valid permit for ownership of an assault
  118         weapon; providing a criminal penalty; authorizing an
  119         individual to arrange to relinquish an assault weapon
  120         to a law enforcement agency or the department in lieu
  121         of obtaining a valid permit; requiring the department
  122         to adopt rules and procedures; creating s. 790.401,
  123         F.S.; defining terms;