Florida Senate - 2024 SB 912
By Senator Polsky
30-00961B-24 2024912__
1 A bill to be entitled
2 An act relating to firearms; amending s. 790.001,
3 F.S.; revising the definition of the term “machine
4 gun”; amending s. 921.0022, F.S.; ranking an offense
5 on level 5 of the offense severity ranking chart of
6 the Criminal Punishment Code; reenacting ss.
7 775.087(3)(a) and (d), 784.07(3)(b), 790.06(1)(a), and
8 921.0024(1)(b), F.S., relating to required minimum
9 sentences and legislative intent, required minimum
10 sentences, the definition of the term “concealed
11 weapon or concealed firearm,” and the worksheet key
12 for worksheet computations of the Criminal Punishment
13 Code, respectively, to incorporate the amendment made
14 to s. 790.001, F.S., in references thereto; providing
15 an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (13) of section 790.001, Florida
20 Statutes, is amended to read:
21 790.001 Definitions.—As used in this chapter, except where
22 the context otherwise requires:
23 (13) “Machine gun” means any firearm that: which
24 (a) Shoots, or is designed to shoot, automatically more
25 than one shot, without manually reloading, by a single function
26 pull of the trigger; or
27 (b) Is modified by a conversion kit, a tool, an accessory,
28 or a device that is used to alter the rate of fire of the
29 firearm to mimic automatic weapon fire or that is used to
30 increase the rate of fire to a faster rate than is possible for
31 a person to fire such firearm unassisted by a conversion kit, a
32 tool, an accessory, or a device by a single pull of the trigger.
33 Section 2. Paragraph (e) of subsection (3) of section
34 921.0022, Florida Statutes, is amended to read:
35 921.0022 Criminal Punishment Code; offense severity ranking
36 chart.—
37 (3) OFFENSE SEVERITY RANKING CHART
38 (e) LEVEL 5
39
40 FloridaStatute FelonyDegree Description
41 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
42 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
43 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
44 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
45 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
46 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
47 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
48 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
49 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
50 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
51 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
52 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
53 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
54 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
55 790.01(3) 3rd Unlawful carrying of a concealed firearm.
56 790.162 2nd Threat to throw or discharge destructive device.
57 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
58 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
59 790.222 3rd Prohibited acts related to bump-fire stocks.
60 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
61 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
62 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
63 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
64 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
65 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
66 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
67 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
68 812.019(1) 2nd Stolen property; dealing in or trafficking in.
69 812.081(3) 2nd Trafficking in trade secrets.
70 812.131(2)(b) 3rd Robbery by sudden snatching.
71 812.16(2) 3rd Owning, operating, or conducting a chop shop.
72 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
73 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
74 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
75 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
76 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
77 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
78 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
79 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
80 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
81 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
82 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
83 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
84 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
85 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
86 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
87 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
88 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
89 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
90 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
91 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
92 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
93 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
94 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
95 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
96 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
97 Section 3. For the purpose of incorporating the amendment
98 made by this act to section 790.001, Florida Statutes, in
99 references thereto, paragraphs (a) and (d) of subsection (3) of
100 section 775.087, Florida Statutes, are reenacted to read:
101 775.087 Possession or use of weapon; aggravated battery;
102 felony reclassification; minimum sentence.—
103 (3)(a)1. Any person who is convicted of a felony or an
104 attempt to commit a felony, regardless of whether the use of a
105 firearm is an element of the felony, and the conviction was for:
106 a. Murder;
107 b. Sexual battery;
108 c. Robbery;
109 d. Burglary;
110 e. Arson;
111 f. Aggravated battery;
112 g. Kidnapping;
113 h. Escape;
114 i. Sale, manufacture, delivery, or intent to sell,
115 manufacture, or deliver any controlled substance;
116 j. Aircraft piracy;
117 k. Aggravated child abuse;
118 l. Aggravated abuse of an elderly person or disabled adult;
119 m. Unlawful throwing, placing, or discharging of a
120 destructive device or bomb;
121 n. Carjacking;
122 o. Home-invasion robbery;
123 p. Aggravated stalking;
124 q. Trafficking in cannabis, trafficking in cocaine, capital
125 importation of cocaine, trafficking in illegal drugs, capital
126 importation of illegal drugs, trafficking in phencyclidine,
127 capital importation of phencyclidine, trafficking in
128 methaqualone, capital importation of methaqualone, trafficking
129 in amphetamine, capital importation of amphetamine, trafficking
130 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
131 (GHB), trafficking in 1,4-Butanediol, trafficking in
132 Phenethylamines, or other violation of s. 893.135(1); or
133 r. Human trafficking
134
135 and during the commission of the offense, such person possessed
136 a semiautomatic firearm and its high-capacity detachable box
137 magazine or a machine gun as defined in s. 790.001, shall be
138 sentenced to a minimum term of imprisonment of 15 years.
139 2. Any person who is convicted of a felony or an attempt to
140 commit a felony listed in subparagraph 1., regardless of whether
141 the use of a weapon is an element of the felony, and during the
142 course of the commission of the felony such person discharged a
143 semiautomatic firearm and its high-capacity box magazine or a
144 “machine gun” as defined in s. 790.001 shall be sentenced to a
145 minimum term of imprisonment of 20 years.
146 3. Any person who is convicted of a felony or an attempt to
147 commit a felony listed in subparagraph 1., regardless of whether
148 the use of a weapon is an element of the felony, and during the
149 course of the commission of the felony such person discharged a
150 semiautomatic firearm and its high-capacity box magazine or a
151 “machine gun” as defined in s. 790.001 and, as the result of the
152 discharge, death or great bodily harm was inflicted upon any
153 person, the convicted person shall be sentenced to a minimum
154 term of imprisonment of not less than 25 years and not more than
155 a term of imprisonment of life in prison.
156 (d) It is the intent of the Legislature that offenders who
157 possess, carry, display, use, threaten to use, or attempt to use
158 a semiautomatic firearm and its high-capacity detachable box
159 magazine or a machine gun as defined in s. 790.001 be punished
160 to the fullest extent of the law, and the minimum terms of
161 imprisonment imposed pursuant to this subsection shall be
162 imposed for each qualifying felony count for which the person is
163 convicted. The court shall impose any term of imprisonment
164 provided for in this subsection consecutively to any other term
165 of imprisonment imposed for any other felony offense.
166 Section 4. For the purpose of incorporating the amendment
167 made by this act to section 790.001, Florida Statutes, in a
168 reference thereto, paragraph (b) of subsection (3) of section
169 784.07, Florida Statutes, is reenacted to read:
170 784.07 Assault or battery of law enforcement officers and
171 other specified personnel; reclassification of offenses; minimum
172 sentences.—
173 (3) Any person who is convicted of a battery under
174 paragraph (2)(b) and, during the commission of the offense, such
175 person possessed:
176 (b) A semiautomatic firearm and its high-capacity
177 detachable box magazine, as defined in s. 775.087(3), or a
178 machine gun as defined in s. 790.001, shall be sentenced to a
179 minimum term of imprisonment of 8 years.
180
181 Notwithstanding s. 948.01, adjudication of guilt or imposition
182 of sentence shall not be suspended, deferred, or withheld, and
183 the defendant is not eligible for statutory gain-time under s.
184 944.275 or any form of discretionary early release, other than
185 pardon or executive clemency, or conditional medical release
186 under s. 947.149, prior to serving the minimum sentence.
187 Section 5. For the purpose of incorporating the amendment
188 made by this act to section 790.001, Florida Statutes, in a
189 reference thereto, paragraph (a) of subsection (1) of section
190 790.06, Florida Statutes, is reenacted to read:
191 790.06 License to carry concealed weapon or concealed
192 firearm.—
193 (1)(a) For the purposes of this section, the term
194 “concealed weapon or concealed firearm” means a handgun,
195 electric weapon or device, tear gas gun, knife, or billie, but
196 does not include a machine gun as that term is defined in s.
197 790.001.
198 Section 6. For the purpose of incorporating the amendment
199 made by this act to section 790.001, Florida Statutes, in a
200 reference thereto, paragraph (b) of subsection (1) of section
201 921.0024, Florida Statutes, is reenacted to read:
202 921.0024 Criminal Punishment Code; worksheet computations;
203 scoresheets.—
204 (1)
205 (b) WORKSHEET KEY:
206
207 Legal status points are assessed when any form of legal status
208 existed at the time the offender committed an offense before the
209 court for sentencing. Four (4) sentence points are assessed for
210 an offender’s legal status.
211
212 Community sanction violation points are assessed when a
213 community sanction violation is before the court for sentencing.
214 Six (6) sentence points are assessed for each community sanction
215 violation and each successive community sanction violation,
216 unless any of the following apply:
217 1. If the community sanction violation includes a new
218 felony conviction before the sentencing court, twelve (12)
219 community sanction violation points are assessed for the
220 violation, and for each successive community sanction violation
221 involving a new felony conviction.
222 2. If the community sanction violation is committed by a
223 violent felony offender of special concern as defined in s.
224 948.06:
225 a. Twelve (12) community sanction violation points are
226 assessed for the violation and for each successive violation of
227 felony probation or community control where:
228 I. The violation does not include a new felony conviction;
229 and
230 II. The community sanction violation is not based solely on
231 the probationer or offender’s failure to pay costs or fines or
232 make restitution payments.
233 b. Twenty-four (24) community sanction violation points are
234 assessed for the violation and for each successive violation of
235 felony probation or community control where the violation
236 includes a new felony conviction.
237
238 Multiple counts of community sanction violations before the
239 sentencing court shall not be a basis for multiplying the
240 assessment of community sanction violation points.
241
242 Prior serious felony points: If the offender has a primary
243 offense or any additional offense ranked in level 8, level 9, or
244 level 10, and one or more prior serious felonies, a single
245 assessment of thirty (30) points shall be added. For purposes of
246 this section, a prior serious felony is an offense in the
247 offender’s prior record that is ranked in level 8, level 9, or
248 level 10 under s. 921.0022 or s. 921.0023 and for which the
249 offender is serving a sentence of confinement, supervision, or
250 other sanction or for which the offender’s date of release from
251 confinement, supervision, or other sanction, whichever is later,
252 is within 3 years before the date the primary offense or any
253 additional offense was committed.
254
255 Prior capital felony points: If the offender has one or more
256 prior capital felonies in the offender’s criminal record, points
257 shall be added to the subtotal sentence points of the offender
258 equal to twice the number of points the offender receives for
259 the primary offense and any additional offense. A prior capital
260 felony in the offender’s criminal record is a previous capital
261 felony offense for which the offender has entered a plea of nolo
262 contendere or guilty or has been found guilty; or a felony in
263 another jurisdiction which is a capital felony in that
264 jurisdiction, or would be a capital felony if the offense were
265 committed in this state.
266
267 Possession of a firearm, semiautomatic firearm, or machine gun:
268 If the offender is convicted of committing or attempting to
269 commit any felony other than those enumerated in s. 775.087(2)
270 while having in his or her possession: a firearm as defined in
271 s. 790.001, an additional eighteen (18) sentence points are
272 assessed; or if the offender is convicted of committing or
273 attempting to commit any felony other than those enumerated in
274 s. 775.087(3) while having in his or her possession a
275 semiautomatic firearm as defined in s. 775.087(3) or a machine
276 gun as defined in s. 790.001, an additional twenty-five (25)
277 sentence points are assessed.
278
279 Sentencing multipliers:
280
281 Drug trafficking: If the primary offense is drug trafficking
282 under s. 893.135, the subtotal sentence points are multiplied,
283 at the discretion of the court, for a level 7 or level 8
284 offense, by 1.5. The state attorney may move the sentencing
285 court to reduce or suspend the sentence of a person convicted of
286 a level 7 or level 8 offense, if the offender provides
287 substantial assistance as described in s. 893.135(4).
288
289 Violent offenses committed against specified justice system
290 personnel: If the primary offense is a violation of s.
291 775.0823(2), (3), or (4), the subtotal sentence points are
292 multiplied by 2.5. If the primary offense is a violation of s.
293 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
294 are multiplied by 2.0. If the primary offense is a violation of
295 s. 784.07(3) or s. 775.0875(1), or s. 775.0823(10) or (11), the
296 subtotal sentence points are multiplied by 1.5.
297
298 Grand theft of a motor vehicle: If the primary offense is grand
299 theft of the third degree involving a motor vehicle and in the
300 offender’s prior record, there are three or more grand thefts of
301 the third degree involving a motor vehicle, the subtotal
302 sentence points are multiplied by 1.5.
303
304 Offense related to a criminal gang: If the offender is convicted
305 of the primary offense and committed that offense for the
306 purpose of benefiting, promoting, or furthering the interests of
307 a criminal gang as defined in s. 874.03, the subtotal sentence
308 points are multiplied by 1.5. If applying the multiplier results
309 in the lowest permissible sentence exceeding the statutory
310 maximum sentence for the primary offense under chapter 775, the
311 court may not apply the multiplier and must sentence the
312 defendant to the statutory maximum sentence.
313
314 Domestic violence in the presence of a child: If the offender is
315 convicted of the primary offense and the primary offense is a
316 crime of domestic violence, as defined in s. 741.28, which was
317 committed in the presence of a child under 16 years of age who
318 is a family or household member as defined in s. 741.28(3) with
319 the victim or perpetrator, the subtotal sentence points are
320 multiplied by 1.5.
321
322 Adult-on-minor sex offense: If the offender was 18 years of age
323 or older and the victim was younger than 18 years of age at the
324 time the offender committed the primary offense, and if the
325 primary offense was an offense committed on or after October 1,
326 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
327 violation involved a victim who was a minor and, in the course
328 of committing that violation, the defendant committed a sexual
329 battery under chapter 794 or a lewd act under s. 800.04 or s.
330 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
331 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
332 800.04; or s. 847.0135(5), the subtotal sentence points are
333 multiplied by 2.0. If applying the multiplier results in the
334 lowest permissible sentence exceeding the statutory maximum
335 sentence for the primary offense under chapter 775, the court
336 may not apply the multiplier and must sentence the defendant to
337 the statutory maximum sentence.
338 Section 7. This act shall take effect July 1, 2024.