Florida Senate - 2020                                    SB 1208
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01324-20                                           20201208__
    1                        A bill to be entitled                      
    2         An act relating to assault weapons and large-capacity
    3         magazines; creating s. 790.301, F.S.; providing
    4         definitions; prohibiting the sale or transfer of an
    5         assault weapon or large-capacity ammunition magazine;
    6         providing exceptions; providing criminal penalties;
    7         prohibiting possession of an assault weapon or large
    8         capacity magazine; providing exceptions; providing
    9         criminal penalties; requiring certificates of
   10         possession for assault weapons or large-capacity
   11         ammunition magazines lawfully possessed before a
   12         specified date; providing requirements for
   13         certificates; specifying the form of certificates;
   14         limiting transfers of assault weapons or large
   15         capacity ammunition magazines represented by such
   16         certificates; providing conditions for continued
   17         possession of such weapons or large-capacity
   18         ammunition magazines; providing requirements for an
   19         applicant who fails to qualify for such a certificate;
   20         requiring certificates of transfer for transfers of
   21         assault weapons or large-capacity magazines; providing
   22         requirements for certificates of transfer; requiring
   23         the Department of Law Enforcement to maintain a file
   24         of such certificates; providing for relinquishment of
   25         assault weapons or large-capacity magazines; providing
   26         requirements for transportation of assault weapons or
   27         large-capacity magazines; providing criminal
   28         penalties; specifying circumstances in which the
   29         manufacture or transportation of assault weapons or
   30         large-capacity magazines is not prohibited; exempting
   31         permanently inoperable firearms from provisions;
   32         amending s. 775.087, F.S.; providing enhanced criminal
   33         penalties for certain offenses when committed with an
   34         assault weapon or large-capacity magazine; providing
   35         severability; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 790.301, Florida Statutes, is created to
   40  read:
   41         790.301Assault weapons.—
   42         (1)DEFINITIONS.—As used in this section, the term:
   43         (a)1.“Assault weapon” means any selective-fire firearm
   44  capable of fully automatic, semiautomatic, or burst fire at the
   45  option of the user or any of the following specified
   46  semiautomatic firearms:
   47         a.All AK series, including, but not limited to, the
   48  following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90,
   49  NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47,
   50  and Vector Arms AK-47.
   51         b.All AR series, including, but not limited to, the
   52  following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and
   53  M15, Olympic Arms, AR70, DPMS Tactical Rifles, Smith & Wesson
   54  M&P15 Rifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar
   55  AR rifles.
   56         c.Algimec AGM1.
   57         d.Barrett 82A1 and REC7.
   58         e.Beretta AR-70 and Beretta Storm.
   59         f.Bushmaster Auto Rifle.
   60         g.Calico Liberty series.
   61         h.Chartered Industries of Singapore SR-88.
   62         i.Colt Sporter.
   63         j.Daewoo K-1, K-2, Max-1, and Max-2.
   64         k.FAMAS MAS 223.
   65         l.Federal XC-900 and SC-450.
   66         m.Fabrique National FN/FAL, FN/LAR, or FNC.
   67         n.FNH PS90, SCAR, and FS2000.
   68         o.Goncz High Tech Carbine.
   69         p.Hi-Point Carbine.
   70         q.HK-91, HK-93, HK-94, SP-89, or HK-PSG-1.
   71         r.Kel-Tec Sub-2000, SU series, RFB.
   72         s.M1 Carbine.
   73         t.SAR-8, SAR-4800, SR9.
   74         u.SIG 57 AMT and 500 Series.
   75         v.SIG Sauer MCX Rifle.
   76         w.SKS capable of accepting a detachable magazine.
   77         x.SLG 95.
   78         y.SLR 95 or 96.
   79         z.Spectre Auto Carbine.
   80         aa.Springfield Armory BM59, SAR-48, and G-3.
   81         bb.Sterling MK-6 and MK-7.
   82         cc.Steyr AUG.
   83         dd.Sturm Ruger Mini-14 with folding stock.
   84         ee.TNW M230, M2HB.
   85         ff.Thompson types, including Thompson T5.
   86         gg.UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper
   87  Rifle (Galatz), or Vector Arms UZI.
   88         hh.Weaver Arms Nighthawk.
   89         2.All of the following handguns, copies, duplicates, or
   90  altered facsimiles with the capability of any such weapon
   91  thereof:
   92         a.AK-47 pistol, Mini AK-47 pistol.
   93         b.AR-15 pistol.
   94         c.Australian Automatic Arms SAP pistol.
   95         d.Bushmaster Auto Pistol.
   96         e.Calico Liberty series pistols.
   97         f.Encom MK-IV, MP-9, and MP-45.
   98         g.Feather AT-9 and Mini-AT.
   99         h.Goncz High Tech Long pistol.
  100         i.Holmes MP-83.
  101         j.Iver Johnson Enforcer.
  102         k.MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
  103  Velocity Arms VMA series.
  104         l.Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10.
  105         m.UZI pistol, Micro-UZI pistol.
  106         n.Colefire Magnum.
  107         o.Scarab Skorpion.
  108         p.Spectre Auto pistol.
  109         q.German Sport 522 PK.
  110         r.Chiappa Firearms Mfour-22.
  111         s.DSA SA58 PKP FAL.
  112         t.I.O. Inc. PPS-43C.
  113         u.Kel-Tec PLR-16 pistol.
  114         v.SIG Sauer P556 pistol.
  115         w.Thompson TA5 series pistols.
  116         x.Wilkinson “Linda” pistol.
  117         3.All of the following shotguns, copies, duplicates, or
  118  altered facsimiles with the capability of any such weapon
  119  thereof:
  120         a.Armscor 30 BG.
  121         b.Franchi SPAS-12 and Law-12.
  122         c.Remington TAC-2 or TACB3 FS.
  123         d.SPAS 12 or LAW 12.
  124         e.Striker 12.
  125         f.Streetsweeper.
  126         g.Saiga.
  127         h.USAS-12.
  128         i.Kel-Tec KSG.
  129         4.A part or combination of parts that convert a firearm
  130  into an assault weapon or any combination of parts from which an
  131  assault weapon may be assembled if those parts are in the
  132  possession or under the control of the same person; or
  133         5.Any semiautomatic firearm not listed in subparagraphs
  134  1.-4. that meets the following criteria:
  135         a.A semiautomatic rifle that has an ability to accept a
  136  detachable magazine and has one or more of the following:
  137         (I)A folding or telescoping stock;
  138         (II)A pistol grip, a thumbhole stock or Thordsen-type grip
  139  or stock, or any other characteristic that can function as a
  140  grip;
  141         (III)A bayonet mount;
  142         (IV)A flash suppressor or threaded barrel designed to
  143  accommodate a flash suppressor;
  144         (V)A grenade launcher; or
  145         (VI)A shroud attached to the barrel, or that partially or
  146  completely encircles the barrel allowing the bearer to hold the
  147  firearm with the non-trigger hand without being burned, but
  148  excludes a slide that encloses the barrel;
  149         b.A semiautomatic pistol that has an ability to accept a
  150  detachable magazine and has one or more of the following:
  151         (I)The capacity to accept an ammunition magazine that
  152  attaches to the pistol at any location outside of the pistol
  153  grip;
  154         (II)A threaded barrel capable of accepting a barrel
  155  extender, flash suppressor, forward handgrip, or silencer;
  156         (III)A slide that encloses the barrel and that permits the
  157  shooter to hold the firearm with the non-trigger hand without
  158  being burned;
  159         (IV)A manufactured weight of 50 ounces or more when the
  160  pistol is unloaded;
  161         (V)A semiautomatic version of an automatic firearm;
  162         (VI)Any feature capable of functioning as a protruding
  163  grip that can be held by the non-trigger hand; or
  164         (VII)A folding, telescoping, or thumbhole stock;
  165         c.A semiautomatic shotgun that has one or more of the
  166  following:
  167         (I)A folding or telescoping stock;
  168         (II)A pistol grip, a thumbhole stock or Thordsen-type grip
  169  or stock, or any other characteristic that can function as a
  170  grip;
  171         (III)A thumbhole stock;
  172         (IV)A fixed magazine capacity in excess of 5 rounds; or
  173         (V)An ability to accept a detachable magazine; or
  174         d.Any semiautomatic pistol or any semiautomatic,
  175  centerfire, or rimfire rifle with a fixed magazine that has the
  176  capacity to accept more than 10 rounds of ammunition; or
  177         e.A part or combination of parts designed or intended to
  178  convert a firearm into an assault weapon or any combination of
  179  parts from which an assault weapon may be assembled if those
  180  parts are in the possession or under the control of the same
  181  person.
  182         (b)“Detachable magazine” means an ammunition feeding
  183  device that can be removed from a firearm without disassembly of
  184  the firearm action.
  185         (c)“Fixed magazine” means an ammunition feeding device
  186  contained in, or permanently attached to, a firearm in such a
  187  manner that the device cannot be removed without disassembly of
  188  the firearm action.
  189         (d)“Large-capacity magazine” means any ammunition feeding
  190  device with the capacity to accept more than 10 rounds, or any
  191  conversion kit, part, or combination of parts from which such a
  192  device can be assembled if those parts are in the possession or
  193  under the control of the same person, but does not include any
  194  of the following:
  195         1.A feeding device that has been permanently altered so
  196  that it cannot accommodate more than 10 rounds;
  197         2.A .22 caliber tube ammunition feeding device; or
  198         3.A tubular magazine that is contained in a lever-action
  199  firearm.
  200         (e)“Licensed gun dealer” means a person who has a federal
  201  firearms license.
  202         (2)SALE OR TRANSFER.—
  203         (a)Any person who, within this state, distributes,
  204  transports, or imports into the state, sells, keeps for sale, or
  205  offers or exposes for sale, or who gives any assault weapon or
  206  large-capacity ammunition magazine, in violation of this
  207  section, except as provided in paragraph (b), commits a felony
  208  of the third degree, punishable as provided in s. 775.082, s.
  209  775.083, or s. 775.084, with a mandatory minimum term of
  210  imprisonment of 2 years.
  211         (b)Any person who transfers, sells, or gives any assault
  212  weapon or large-capacity ammunition magazine to a person under
  213  18 years of age in violation of this section commits a felony of
  214  the second degree, punishable as provided in s. 775.082, s.
  215  775.083, or s. 775.084, with a mandatory minimum term of
  216  imprisonment of 6 years.
  217         (c)Paragraph (a) does not apply to:
  218         1.The sale of assault weapons or large-capacity ammunition
  219  magazines to the Department of Law Enforcement, a law
  220  enforcement agency, as defined in s. 934.02, the Department of
  221  Corrections, or the military or naval forces of this state or of
  222  the United States for use in the discharge of their official
  223  duties.
  224         2.A person who is the executor or administrator of an
  225  estate that includes an assault weapon or large-capacity
  226  ammunition magazine for which a certificate of possession has
  227  been issued under this section which is disposed of as
  228  authorized by the probate court, if the disposition is otherwise
  229  permitted under this section.
  230         3.The transfer by bequest or intestate succession of an
  231  assault weapon or large-capacity ammunition magazine for which a
  232  certificate of possession has been issued under subsection (4).
  233         (3)POSSESSION.—
  234         (a)Except as provided in subsection (5), any person who,
  235  within this state, possesses any assault weapon or large
  236  capacity ammunition magazine, except as provided in this section
  237  or as otherwise authorized by law, commits a felony of the third
  238  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  239  775.084, with a mandatory minimum term of imprisonment of 1
  240  year.
  241         (b)Paragraph (a) does not apply to the possession of
  242  assault weapons or large-capacity ammunition magazines by
  243  members or employees of the Department of Law Enforcement, a law
  244  enforcement agency, as defined in s. 934.02, the Department of
  245  Corrections, or the military or naval forces of this state or of
  246  the United States for use in the discharge of their official
  247  duties; nor does this section prohibit the possession or use of
  248  assault weapons or large-capacity ammunition magazines by sworn
  249  members of these agencies when on duty and the use is within the
  250  scope of their duties.
  251         (c)Paragraph (a) does not apply to the possession of an
  252  assault weapon or large-capacity ammunition magazine by any
  253  person prior to July 1, 2021, if all of the following are
  254  applicable:
  255         1.The person is eligible to apply for a certificate of
  256  possession for the assault weapon or large-capacity ammunition
  257  magazine by July 1, 2021;
  258         2.The person lawfully possessed the assault weapon or
  259  large-capacity ammunition magazine prior to October 1, 2020; and
  260         3.The person is otherwise in compliance with this section
  261  and the applicable requirements of this chapter for possession
  262  of a firearm.
  263         (d)Paragraph (a) does not apply to a person who is the
  264  executor or administrator of an estate that includes an assault
  265  weapon or large-capacity ammunition magazine for which a
  266  certificate of possession has been issued under subsection (4),
  267  if the assault weapon is possessed at a place set forth in
  268  subparagraph (4)(d)1. or as authorized by the probate court.
  269         (4)CERTIFICATE OF POSSESSION.—
  270         (a)Any person who lawfully possesses an assault weapon or
  271  large-capacity ammunition magazine prior to October 1, 2020,
  272  shall apply by October 1, 2021, or, if such person is a member
  273  of the military or naval forces of this state or of the United
  274  States and is unable to apply by October 1, 2021, because he or
  275  she is or was on official duty outside of this state, shall
  276  apply within 90 days of returning to the state to the Department
  277  of Law Enforcement, for a certificate of possession with respect
  278  to such assault weapon or large-capacity ammunition magazine.
  279  The certificate shall contain a description of the assault
  280  weapon or large-capacity ammunition magazine that identifies it
  281  uniquely, including all identification marks; the full name,
  282  address, date of birth, and thumbprint of the owner; and any
  283  other information as the department may deem appropriate. The
  284  department shall adopt regulations no later than January 1,
  285  2021, to establish procedures with respect to the application
  286  for, and issuance of, certificates of possession pursuant to
  287  this section. The thumbprint of the applicant shall be taken by
  288  a law enforcement agency or the Department of Law Enforcement
  289  together with any personal identifying information required by
  290  federal law to process fingerprints. Charges for thumbprint
  291  services under this paragraph are not subject to the sales tax
  292  on fingerprint services imposed in s. 212.05(1)(i). The
  293  Department of Law Enforcement shall conduct a background
  294  investigation pursuant to this subsection.
  295         (b)A certificate of possession issued under this
  296  subsection must be in substantially the following form:
  297         CERTIFICATE OF POSSESSION OF ASSAULT WEAPON
  298         Certificate Number:
  299         Owner’s name: (Last, First, Middle)
  300         Address: (Number, Street, City or Town, State, Zip Code) NO
  301         P.O. Boxes
  302         Date of Birth:
  303         Social Security Number (Optional, but will help prevent
  304         misidentification):
  305         Driver License Number and State:
  306         Manufacturer: Importer: Serial Number: Model: Caliber: Unique
  307         I.D./Markings:
  308         Signature of Owner
  309         Applicant’s Right Thumbprint
  310         (c)An assault weapon or large-capacity ammunition magazine
  311  possessed pursuant to this section may not be sold or
  312  transferred on or after January 1, 2021, to any person within
  313  this state other than to a licensed gun dealer, as provided in
  314  subsection (5), or by a bequest or intestate succession. A
  315  person who obtains title to an assault weapon or large-capacity
  316  ammunition magazine for which a certificate of possession has
  317  been issued under this section by bequest or intestate
  318  succession shall, within 90 days of obtaining title, apply to
  319  the Department of Law Enforcement for a certificate of
  320  possession as provided in paragraph (a), render the weapon or
  321  large-capacity ammunition magazine permanently inoperable, sell
  322  the weapon or large-capacity ammunition magazine to a licensed
  323  gun dealer, or remove the weapon or large-capacity ammunition
  324  magazine from the state. Any person who moves into the state in
  325  lawful possession of an assault weapon or large-capacity
  326  ammunition magazine shall, within 90 days, either render the
  327  weapon or large-capacity ammunition magazine permanently
  328  inoperable, sell the weapon or large-capacity ammunition
  329  magazine to a licensed gun dealer, or remove the weapon or
  330  large-capacity ammunition magazine from this state, except any
  331  person who is a member of the military or naval forces of this
  332  state or of the United States, is in lawful possession of an
  333  assault weapon or large-capacity ammunition magazine, and has
  334  been transferred into the state after October 1, 2021.
  335         (d)A person who has been issued a certificate of
  336  possession for an assault weapon or large-capacity ammunition
  337  magazine under this section may possess it only under the
  338  following conditions:
  339         1.At that person’s residence, place of business, or other
  340  property owned by that person, or on property owned by another
  341  person with the owner’s express permission;
  342         2.While on the premises of a target range of a public or
  343  private club or organization organized for the purpose of
  344  practicing shooting at targets;
  345         3.While on a target range that holds a regulatory or
  346  business license for the purpose of practicing shooting at that
  347  target range;
  348         4.While on the premises of a licensed shooting club;
  349         5.While attending any exhibition, display, or educational
  350  project which is about firearms and which is sponsored by,
  351  conducted under the auspices of, or approved by a law
  352  enforcement agency or a nationally or state-recognized entity
  353  that fosters proficiency in, or promotes education about,
  354  firearms; or
  355         6.While transporting the assault weapon or large-capacity
  356  ammunition magazine between any of the places mentioned in this
  357  subsection, or to any licensed gun dealer for servicing or
  358  repair pursuant to paragraph (7)(b), provided the assault weapon
  359  or large-capacity ammunition magazine is transported as required
  360  by subsection (7).
  361         (e)If an applicant for a certificate of possession under
  362  this subsection fails to qualify for such a certificate after
  363  the investigation required under this subsection, the applicant
  364  shall arrange to relinquish all assault weapons or large
  365  capacity ammunition magazines in his or her possession as
  366  provided in subsection (7) within 10 days of issuance of the
  367  notice of such failure. Such an applicant who fails to make such
  368  an arrangement within the time specified in this paragraph is
  369  thereafter in violation of this section.
  370         (5)CERTIFICATE OF TRANSFER.—If an owner of an assault
  371  weapon or large-capacity ammunition magazine sells or transfers
  372  the weapon or magazine to a licensed gun dealer, he or she
  373  shall, at the time of delivery of the weapon, execute a
  374  certificate of transfer and cause the certificate to be mailed
  375  or delivered to the Department of Law Enforcement. The
  376  certificate shall contain:
  377         (a)The date of sale or transfer.
  378         (b)The name and address of the seller or transferor and
  379  the licensed gun dealer and their social security numbers or
  380  driver license numbers.
  381         (c)The licensed gun dealer’s federal firearms license
  382  number.
  383         (d)A description of the weapon, including the caliber of
  384  the weapon and its make, model, and serial number.
  385         (e)Any other information the Department of Law Enforcement
  386  prescribes.
  387  
  388  The licensed gun dealer shall present his or her driver license
  389  or social security card and federal firearms license to the
  390  seller or transferor for inspection at the time of purchase or
  391  transfer. The Department of Law Enforcement shall maintain a
  392  file of all certificates of transfer at its headquarters.
  393         (6)RELINQUISHMENT.—An individual may arrange in advance to
  394  relinquish an assault weapon or large-capacity ammunition
  395  magazine to a law enforcement agency, as defined in s. 934.02,
  396  or the Department of Law Enforcement. The assault weapon or
  397  large-capacity ammunition magazine shall be transported in
  398  accordance with subsection (7).
  399         (7)TRANSPORTATION.—
  400         (a)A licensed gun dealer who lawfully purchases for resale
  401  out of state an assault weapon or large-capacity magazine
  402  pursuant to subsection (2) may transport the assault weapon or
  403  large-capacity magazine between dealers or out of the state, but
  404  no person shall carry a loaded assault weapon concealed from
  405  public view or knowingly have in any motor vehicle owned,
  406  operated, or occupied by him a loaded assault weapon, or an
  407  unloaded assault weapon, unless such weapon is kept in the trunk
  408  of such vehicle or in a case or other container which is
  409  inaccessible to the operator of or any passenger in such
  410  vehicle. Any person who violates this subsection commits a
  411  misdemeanor of the second degree, punishable as provided in s.
  412  775.082 or s. 775.083. Any licensed gun dealer may display the
  413  assault weapon or large-capacity magazine at any gun show or
  414  sell it to a resident outside the state.
  415         (b)Any licensed gun dealer may transfer possession of any
  416  assault weapon or large-capacity ammunition magazine received
  417  pursuant to paragraph (a) to a gunsmith for purposes of
  418  accomplishing service or repair of the same. Transfers are
  419  permissible only to the following persons:
  420         1.A gunsmith who is in the dealer’s employ; or
  421         2.A gunsmith with whom the dealer has contracted for
  422  gunsmithing services, provided the gunsmith receiving the
  423  assault weapon holds a dealer’s license issued pursuant to
  424  chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss.
  425  921 et seq., and the regulations issued pursuant thereto.
  426         (8)CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
  427  NOT PROHIBITED.—This section does not prohibit any person, firm,
  428  or corporation engaged in the business of manufacturing assault
  429  weapons or large-capacity ammunition magazines in this state
  430  from manufacturing or transporting assault weapons or large
  431  capacity ammunition magazines in this state for sale within this
  432  state in accordance with subparagraph (2)(c)1. or for sale
  433  outside this state.
  434         (9)EXCEPTION.—This section does not apply to any firearm
  435  modified to render it permanently inoperable.
  436         Section 2. Paragraph (a) of subsection (3) of section
  437  775.087, Florida Statutes, is amended to read:
  438         775.087 Possession or use of weapon; aggravated battery;
  439  felony reclassification; minimum sentence.—
  440         (3)(a)1. Any person who is convicted of a felony or an
  441  attempt to commit a felony, regardless of whether the use of a
  442  firearm is an element of the felony, and the conviction was for:
  443         a. Murder;
  444         b. Sexual battery;
  445         c. Robbery;
  446         d. Burglary;
  447         e. Arson;
  448         f. Aggravated battery;
  449         g. Kidnapping;
  450         h. Escape;
  451         i. Sale, manufacture, delivery, or intent to sell,
  452  manufacture, or deliver any controlled substance;
  453         j. Aircraft piracy;
  454         k. Aggravated child abuse;
  455         l. Aggravated abuse of an elderly person or disabled adult;
  456         m. Unlawful throwing, placing, or discharging of a
  457  destructive device or bomb;
  458         n. Carjacking;
  459         o. Home-invasion robbery;
  460         p. Aggravated stalking; or
  461         q. Trafficking in cannabis, trafficking in cocaine, capital
  462  importation of cocaine, trafficking in illegal drugs, capital
  463  importation of illegal drugs, trafficking in phencyclidine,
  464  capital importation of phencyclidine, trafficking in
  465  methaqualone, capital importation of methaqualone, trafficking
  466  in amphetamine, capital importation of amphetamine, trafficking
  467  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  468  (GHB), trafficking in 1,4-Butanediol, trafficking in
  469  Phenethylamines, or other violation of s. 893.135(1);
  470  
  471  and during the commission of the offense, such person possessed
  472  a semiautomatic firearm and its high-capacity detachable box
  473  magazine, an assault weapon or a large-capacity magazine as
  474  those terms are defined in s. 790.301, or a machine gun as
  475  defined in s. 790.001, shall be sentenced to a minimum term of
  476  imprisonment of 15 years.
  477         2. Any person who is convicted of a felony or an attempt to
  478  commit a felony listed in subparagraph (a)1., regardless of
  479  whether the use of a weapon is an element of the felony, and
  480  during the course of the commission of the felony such person
  481  discharged a semiautomatic firearm and its high-capacity box
  482  magazine, an assault weapon or a large-capacity magazine as
  483  those terms are defined in s. 790.301, or a “machine gun” as
  484  defined in s. 790.001 shall be sentenced to a minimum term of
  485  imprisonment of 20 years.
  486         3. Any person who is convicted of a felony or an attempt to
  487  commit a felony listed in subparagraph (a)1., regardless of
  488  whether the use of a weapon is an element of the felony, and
  489  during the course of the commission of the felony such person
  490  discharged a semiautomatic firearm and its high-capacity box
  491  magazine, an assault weapon or a large-capacity magazine as
  492  those terms are defined in s. 790.301, or a “machine gun” as
  493  defined in s. 790.001 and, as the result of the discharge, death
  494  or great bodily harm was inflicted upon any person, the
  495  convicted person shall be sentenced to a minimum term of
  496  imprisonment of not less than 25 years and not more than a term
  497  of imprisonment of life in prison.
  498         Section 3. If any provision of this act or its application
  499  to any person or circumstance is held invalid, the invalidity
  500  does not affect other provisions or applications of the act
  501  which can be given effect without the invalid provision or
  502  application, and to this end the provisions of this act are
  503  severable.
  504         Section 4. This act shall take effect October 1, 2020.