Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SPB 7026
       
       
       
       
       
       
                                Ì831648BÎ831648                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  02/26/2018           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Rodriguez) recommended the following:
       
    1         Senate Amendment to Amendment (345360) (with title
    2  amendment)
    3  
    4         Between lines 209 and 210
    5  insert:
    6         Section 8. Section 790.30, Florida Statutes, is created to
    7  read:
    8         790.30Assault weapons.—
    9         (1)DEFINITIONS.—As used in this section, the term:
   10         (a)“Assault weapon” means:
   11         1. A selective-fire firearm capable of fully automatic,
   12  semiautomatic, or burst fire at the option of the user or any of
   13  the following specified semiautomatic firearms:
   14         a.Algimec AGM1.
   15         b.All AK series, including, but not limited to, the
   16  following: AK, AK-47, AK-74, AKM, AKS, ARM, MAK90, MISR, NHM90,
   17  NHM91, Rock River Arms LAR-47, SA 85, SA 93, Vector Arms AK-47,
   18  VEPR, WASR-10, and WUM.
   19         c.All AR series, including, but not limited to, the
   20  following: AR-10, AR-15, Armalite AR-180, Armalite M-15, AR-70,
   21  Bushmaster XM15, Colt AR-15, DoubleStar AR rifles, DPMS tactical
   22  rifles, Olympic Arms, Rock River Arms LAR-15, and Smith & Wesson
   23  M&P15 rifles.
   24         d.Barrett 82A1 and REC7.
   25         e.Beretta AR-70 and Beretta Storm.
   26         f.Bushmaster automatic rifle.
   27         g.Calico Liberty series rifles.
   28         h.Chartered Industries of Singapore SR-88.
   29         i.Colt Sporter.
   30         j.Daewoo K-1, K-2, Max-1, and Max-2.
   31         k.FAMAS MAS .223.
   32         l.Federal XC-900 and SC-450.
   33         m.FN FAL (or FN LAR) and FN FNC.
   34         n.FN FS2000, FN PS90, and FN SCAR.
   35         o.Galil and UZI Sporter, Galil sniper rifle (Galatz),
   36  Galil Sporter, UZI, or Vector Arms UZI.
   37         p.Goncz High-Tech carbine.
   38         q.Hi-Point carbine.
   39         r.HK-91, HK-93, HK-94, HK-PSG-1, and SP-89.
   40         s.Kel-Tec RFB, Sub-2000, and SU series.
   41         t.M1 carbine.
   42         u. M2HB and TNW M230.
   43         v. Ruger Mini-14 with folding stock.
   44         w.SAR-8, SAR-4800, and SR9.
   45         x.SIG 57 AMT and 500 Series.
   46         y.Sig Sauer MCX rifle.
   47         z.SKS capable of accepting a detachable magazine.
   48         aa.SLG 95.
   49         bb.SLR 95 and 96.
   50         cc.Spectre automatic carbine.
   51         dd.Springfield Armory BM59, G-3, and SAR-48.
   52         ee.Sterling MK-6 and MK-7.
   53         ff.Steyr AUG.
   54         gg.Thompson series, including Thompson T5.
   55         hh.Weaver Arms Nighthawk.
   56         2.All of the following handguns, copies, duplicates, or
   57  altered facsimiles with the capability of any such weapon
   58  thereof:
   59         a.AK-47 pistol and Mini AK-47 pistol.
   60         b.AR-15 pistol.
   61         c.Australian Automatic Arms SAP pistol.
   62         d.Bushmaster automatic pistol.
   63         e.Calico Liberty series pistols.
   64         f.Chiappa Firearms Mfour-22.
   65         g.Colefire Magnum.
   66         h.DSA SA58 PKP FAL.
   67         i.Encom MK-IV, MP-9, and MP-45.
   68         j.Feather AT-9 and Mini-AT.
   69         k.German Sport 522 PK.
   70         l.Goncz High-Tech Long pistol.
   71         m.Holmes MP-83.
   72         n.Intratec AB-10, TEC-9, TEC-22 Scorpion, and TEC-DC9.
   73         o.I.O. Inc. PPS-43C.
   74         p.Iver Johnson Enforcer.
   75         q.Kel-Tec PLR-16 pistol.
   76         r.MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and
   77  Velocity Arms VMA series.
   78         s.Scarab Skorpion.
   79         t.Sig Sauer P556 pistol.
   80         u.Spectre automatic pistol.
   81         v.Thompson TA5 series pistols.
   82         w.UZI pistol and Micro-UZI pistol.
   83         x.Wilkinson “Linda” pistol.
   84         3.All of the following shotguns, copies, duplicates, or
   85  altered facsimiles with the capability of any such weapon
   86  thereof:
   87         a.Armscor 30 BG.
   88         b.Franchi LAW-12 and SPAS-12.
   89         c.Kel-Tec KSG.
   90         d.Remington TAC-2 and TACB3 FS.
   91         e.Saiga.
   92         f.Streetsweeper.
   93         g.Striker 12.
   94         h.USAS-12.
   95         4.A part or combination of parts that convert a firearm
   96  into an assault weapon, or any combination of parts from which
   97  an assault weapon may be assembled if those parts are in the
   98  possession or under the control of the same person.
   99         5.A semiautomatic firearm not listed in this paragraph
  100  which meets the criteria of one of the following sub
  101  subparagraphs:
  102         a.A semiautomatic rifle that has an ability to accept a
  103  detachable magazine and that has one or more of the following:
  104         (I)A folding or telescoping stock.
  105         (II)A pistol grip that protrudes conspicuously beneath the
  106  action of the weapon or any feature functioning as a protruding
  107  grip that can be held by the nontrigger hand or a thumbhole
  108  stock.
  109         (III)A bayonet mount.
  110         (IV)A flash suppressor or threaded barrel designed to
  111  accommodate a flash suppressor.
  112         (V)A grenade launcher.
  113         (VI)A shroud that is attached to the barrel, or that
  114  partially or completely encircles the barrel and allows the
  115  bearer to hold the firearm with the nontrigger hand without
  116  being burned, but excluding a slide that encloses the barrel.
  117         b.A semiautomatic pistol that has an ability to accept a
  118  detachable magazine and that has one or more of the following:
  119         (I)The capacity to accept an ammunition magazine that
  120  attaches to the pistol at any location outside the pistol grip.
  121         (II)A threaded barrel capable of accepting a barrel
  122  extender, flash suppressor, forward handgrip, or silencer.
  123         (III)A slide that encloses the barrel and that allows the
  124  shooter to hold the firearm with the nontrigger hand without
  125  being burned.
  126         (IV)A manufactured weight of 50 ounces or more when the
  127  pistol is unloaded.
  128         (V)A semiautomatic version of an automatic firearm.
  129         (VI)Any feature capable of functioning as a protruding
  130  grip that can be held by the nontrigger hand.
  131         (VII)A folding, telescoping, or thumbhole stock.
  132         c.A semiautomatic shotgun that has one or more of the
  133  following:
  134         (I)A folding or telescoping stock.
  135         (II)A pistol grip that protrudes conspicuously beneath the
  136  action of the weapon.
  137         (III)A thumbhole stock.
  138         (IV)A fixed-magazine capacity in excess of 5 rounds.
  139         (V)An ability to accept a detachable magazine.
  140         d.A semiautomatic pistol or a semiautomatic, centerfire,
  141  or rimfire rifle with a fixed magazine that has the capacity to
  142  accept more than 10 rounds of ammunition.
  143         e.A part or combination of parts designed or intended to
  144  convert a firearm into an assault weapon, or any combination of
  145  parts from which an assault weapon may be assembled if those
  146  parts are in the possession or under the control of the same
  147  person.
  148         (b)“Detachable magazine” means an ammunition feeding
  149  device that can be removed from a firearm without disassembly of
  150  the firearm action.
  151         (c)“Fixed magazine” means an ammunition feeding device
  152  contained in, or permanently attached to, a firearm in such a
  153  manner that the device cannot be removed without disassembly of
  154  the firearm action.
  155         (d)“Large-capacity magazine” means any ammunition feeding
  156  device with the capacity to accept more than 7 rounds, or any
  157  conversion kit, part, or combination of parts from which such a
  158  device can be assembled if those parts are in the possession or
  159  under the control of the same person, but does not include any
  160  of the following:
  161         1.A feeding device that has been permanently altered so
  162  that it cannot accommodate more than 7 rounds;
  163         2.A .22 caliber tube ammunition feeding device; or
  164         3.A tubular magazine that is contained in a lever-action
  165  firearm.
  166         (e)“Licensed gun dealer” means a person who has a federal
  167  firearms license.
  168         (2)SALE OR TRANSFER.—
  169         (a)A person may not import into the state or, within this
  170  state, distribute, transport, sell, keep for sale, offer or
  171  expose for sale, or give an assault weapon or large-capacity
  172  magazine. Except as provided in paragraph (b), any person who
  173  violates this paragraph commits a felony of the third degree,
  174  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  175  with a mandatory minimum term of imprisonment of 2 years.
  176         (b)A person may not transfer, sell, or give an assault
  177  weapon or large-capacity magazine to a person under 18 years of
  178  age. Any person who violates this paragraph commits a felony of
  179  the second degree, punishable as provided in s. 775.082, s.
  180  775.083, or s. 775.084, with a mandatory minimum term of
  181  imprisonment of 6 years.
  182         (c)Paragraph (a) does not apply to:
  183         1.The sale of assault weapons or large-capacity magazines
  184  to the Department of Law Enforcement, to a law enforcement
  185  agency, as defined in s. 934.02, to the Department of
  186  Corrections, or to the military, air, or naval forces of this
  187  state or the United States for use in the discharge of their
  188  official duties.
  189         2.A person who is the executor or administrator of an
  190  estate that includes an assault weapon or large-capacity
  191  magazine for which a certificate of possession has been issued
  192  under subsection (4) which is disposed of as authorized by the
  193  probate court, if the disposition is otherwise authorized under
  194  this section.
  195         3.The transfer by bequest or intestate succession of an
  196  assault weapon or large-capacity magazine for which a
  197  certificate of possession has been issued under subsection (4).
  198         (3)POSSESSION.—
  199         (a)Except as provided in subsection (5) or otherwise
  200  provided in this section or authorized by any other law, a
  201  person may not, within this state, possess an assault weapon or
  202  large-capacity magazine. Any person who violates this paragraph
  203  commits a felony of the third degree, punishable as provided in
  204  s. 775.082, s. 775.083, or s. 775.084, with a mandatory minimum
  205  term of imprisonment of 1 year.
  206         (b)Paragraph (a) does not apply to the possession of an
  207  assault weapon or large-capacity magazine by a member or
  208  employee of the Department of Law Enforcement, a law enforcement
  209  agency, as defined in s. 934.02, the Department of Corrections,
  210  or the military, air, or naval forces of this state or of the
  211  United States for use in the discharge of his or her official
  212  duties; nor does this section prohibit the possession or use of
  213  an assault weapon or large-capacity magazine by a sworn member
  214  of one of these agencies when on duty and when the use is within
  215  the scope of his or her duties.
  216         (c)Paragraph (a) does not apply to the possession of an
  217  assault weapon or large-capacity magazine by any person before
  218  July 1, 2019, if all of the following are applicable:
  219         1.The person is eligible to apply for a certificate of
  220  possession for the assault weapon or large-capacity magazine by
  221  July 1, 2019;
  222         2.The person lawfully possessed the assault weapon or
  223  large-capacity magazine before October 1, 2018; and
  224         3.The person is otherwise in compliance with this section
  225  and the applicable requirements of this chapter for possession
  226  of a firearm.
  227         (d)Paragraph (a) does not apply to a person who is the
  228  executor or administrator of an estate that includes an assault
  229  weapon or large-capacity magazine for which a certificate of
  230  possession has been issued under subsection (4), if the assault
  231  weapon or large-capacity magazine is possessed at a place set
  232  forth in subparagraph (4)(c)1. or as authorized by the probate
  233  court.
  234         (4)CERTIFICATE OF POSSESSION.—
  235         (a)Any person who lawfully possesses an assault weapon or
  236  large-capacity magazine before October 1, 2018, shall apply by
  237  October 1, 2019, or, if such person is a member of the military
  238  or naval forces of this state or of the United States and cannot
  239  apply by October 1, 2019, because he or she is or was on
  240  official duty outside this state, shall apply within 90 days
  241  after returning to the state, to the Department of Law
  242  Enforcement for a certificate of possession with respect to such
  243  assault weapon or large-capacity magazine. The certificate must
  244  contain a description of the assault weapon or large-capacity
  245  magazine which identifies the assault weapon or large-capacity
  246  magazine uniquely, including all identification marks; the full
  247  name, address, date of birth, and thumbprint of the owner; and
  248  any other information as the department may deem appropriate.
  249  The department shall adopt rules no later than January 1, 2019,
  250  to establish procedures with respect to the application for, and
  251  issuance of, certificates of possession under this section.
  252         (b)1. An assault weapon or large-capacity magazine lawfully
  253  possessed in accordance with this section may not be sold or
  254  transferred on or after January 1, 2019, to any person within
  255  this state other than to a licensed gun dealer, as provided in
  256  subsection (5); or by a bequest or intestate succession.
  257         2. A person who obtains title to an assault weapon or
  258  large-capacity magazine for which a certificate of possession
  259  has been issued under this subsection shall, within 90 days
  260  after obtaining title, apply to the Department of Law
  261  Enforcement for a certificate of possession, render the assault
  262  weapon or large-capacity magazine permanently inoperable, sell
  263  the assault weapon or large-capacity magazine to a licensed gun
  264  dealer, or remove the assault weapon or large-capacity magazine
  265  from the state.
  266         3. A person who moves into the state and who is in lawful
  267  possession of an assault weapon or large-capacity magazine,
  268  shall, within 90 days, either render the assault weapon or
  269  large-capacity magazine permanently inoperable, sell the assault
  270  weapon or large-capacity magazine to a licensed gun dealer, or
  271  remove the assault weapon or large-capacity magazine from this
  272  state, unless the person is a member of the military, air, or
  273  naval forces of this state or of the United States, is in lawful
  274  possession of an assault weapon or large-capacity magazine, and
  275  has been transferred into the state after October 1, 2019.
  276         (c)A person who has been issued a certificate of
  277  possession for an assault weapon or large-capacity magazine
  278  under this subsection may possess it only if the person is:
  279         1.At the residence, the place of business, or any other
  280  property owned by that person, or on a property owned by another
  281  person with the owner’s express permission;
  282         2.On the premises of a target range of a public or private
  283  club or organization organized for the purpose of practicing
  284  shooting at targets;
  285         3.On a target range that holds a regulatory or business
  286  license for the purpose of practicing shooting at that target
  287  range;
  288         4.On the premises of a licensed shooting club;
  289         5.Attending an exhibition, display, or educational project
  290  on firearms which is sponsored by, conducted under the auspices
  291  of, or approved by a law enforcement agency or a nationally or
  292  state-recognized entity that fosters proficiency in, or promotes
  293  education about, firearms; or
  294         6.Transporting the assault weapon or large-capacity
  295  magazine between any of the places mentioned in this paragraph,
  296  or from or to any licensed gun dealer for servicing or repair
  297  pursuant to paragraph (7)(b), provided the assault weapon or
  298  large-capacity magazine is transported as required by subsection
  299  (7).
  300         (5)CERTIFICATE OF TRANSFER.—If an owner of an assault
  301  weapon or large-capacity magazine sells or transfers the weapon
  302  or magazine to a licensed gun dealer, he or she must, at the
  303  time of delivery of the weapon, execute a certificate of
  304  transfer and cause the certificate to be mailed or delivered to
  305  the Department of Law Enforcement. The certificate must contain:
  306         (a)The date of sale or transfer.
  307         (b)The name and address of the seller or transferor and
  308  the licensed gun dealer and their social security numbers or
  309  driver license numbers.
  310         (c)The licensed gun dealer’s federal firearms license
  311  number.
  312         (d)A description of the weapon, including the caliber of
  313  the weapon and its make, model, and serial number.
  314         (e)Any other information the Department of Law Enforcement
  315  prescribes.
  316  
  317  The licensed gun dealer shall present his or her driver license
  318  or social security card and federal firearms license to the
  319  seller or transferor for inspection at the time of purchase or
  320  transfer. The Department of Law Enforcement shall maintain a
  321  file on all certificates of transfer at its headquarters.
  322         (6)RELINQUISHMENT.—An individual may arrange in advance to
  323  relinquish an assault weapon or large-capacity magazine to a law
  324  enforcement agency, as defined in s. 934.02, or the Department
  325  of Law Enforcement. The assault weapon or large-capacity
  326  magazine must be transported in accordance with subsection (7).
  327         (7)TRANSPORTATION.—
  328         (a)A licensed gun dealer who lawfully purchases for resale
  329  an assault weapon or large-capacity magazine pursuant to
  330  subsection (2) may transport the assault weapon or large
  331  capacity magazine between licensed gun dealers or out of this
  332  state, but no person shall carry a loaded assault weapon
  333  concealed from public view, or knowingly have in any motor
  334  vehicle owned, operated, or occupied by him or her a loaded or
  335  unloaded assault weapon, unless such weapon is kept in the trunk
  336  of such vehicle or in a case or other container that is
  337  inaccessible to the operator of or any passenger in such
  338  vehicle. Any person who violates this paragraph commits a
  339  misdemeanor of the second degree, punishable as provided in s.
  340  775.082 or s. 775.083. Any licensed gun dealer may display the
  341  assault weapon or large-capacity magazine at any gun show or
  342  sell it to a resident outside this state.
  343         (b)Any licensed gun dealer may transfer possession of any
  344  assault weapon or large-capacity magazine received pursuant to
  345  paragraph (a) to a gunsmith for purposes of accomplishing
  346  service or repair of the same. Transfers are permissible only to
  347  a gunsmith who is:
  348         1.In the licensed gun dealer’s employ; or
  349         2.Contracted by the licensed gun dealer for gunsmithing
  350  services, provided the gunsmith holds a dealer’s license issued
  351  pursuant to chapter 44 of Title 18 the United States Code, 18
  352  U.S.C. ss. 921 et seq., and the regulations issued pursuant
  353  thereto.
  354         (8)CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
  355  NOT PROHIBITED.—This section does not prohibit any person, firm,
  356  or corporation engaged in the business of manufacturing assault
  357  weapons or large-capacity magazines in this state from
  358  manufacturing or transporting assault weapons or large-capacity
  359  magazines in this state for sale within this state in accordance
  360  with subparagraph (2)(c)1. or for sale outside this state.
  361         (9)EXCEPTION.—This section does not apply to any firearm
  362  modified to render it permanently inoperable.
  363         Section 9. Paragraph (a) of subsection (3) of section
  364  775.087, Florida Statutes, is amended to read:
  365         775.087 Possession or use of weapon; aggravated battery;
  366  felony reclassification; minimum sentence.—
  367         (3)(a)1. Any person who is convicted of a felony or an
  368  attempt to commit a felony, regardless of whether the use of a
  369  firearm is an element of the felony, and the conviction was for:
  370         a. Murder;
  371         b. Sexual battery;
  372         c. Robbery;
  373         d. Burglary;
  374         e. Arson;
  375         f. Aggravated battery;
  376         g. Kidnapping;
  377         h. Escape;
  378         i. Sale, manufacture, delivery, or intent to sell,
  379  manufacture, or deliver any controlled substance;
  380         j. Aircraft piracy;
  381         k. Aggravated child abuse;
  382         l. Aggravated abuse of an elderly person or disabled adult;
  383         m. Unlawful throwing, placing, or discharging of a
  384  destructive device or bomb;
  385         n. Carjacking;
  386         o. Home-invasion robbery;
  387         p. Aggravated stalking; or
  388         q. Trafficking in cannabis, trafficking in cocaine, capital
  389  importation of cocaine, trafficking in illegal drugs, capital
  390  importation of illegal drugs, trafficking in phencyclidine,
  391  capital importation of phencyclidine, trafficking in
  392  methaqualone, capital importation of methaqualone, trafficking
  393  in amphetamine, capital importation of amphetamine, trafficking
  394  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  395  (GHB), trafficking in 1,4-Butanediol, trafficking in
  396  Phenethylamines, or other violation of s. 893.135(1);
  397  
  398  and during the commission of the offense, such person possessed
  399  a semiautomatic firearm and its high-capacity detachable box
  400  magazine, an assault weapon and its large-capacity magazine as
  401  defined in s. 790.30, or a machine gun as defined in s. 790.001,
  402  shall be sentenced to a minimum term of imprisonment of 15
  403  years.
  404         2. Any person who is convicted of a felony or an attempt to
  405  commit a felony listed in subparagraph (a)1., regardless of
  406  whether the use of a weapon is an element of the felony, and
  407  during the course of the commission of the felony such person
  408  discharged a semiautomatic firearm and its high-capacity box
  409  magazine, an assault weapon and its large-capacity magazine as
  410  defined in s. 790.30, or a “machine gun” as defined in s.
  411  790.001 shall be sentenced to a minimum term of imprisonment of
  412  20 years.
  413         3. Any person who is convicted of a felony or an attempt to
  414  commit a felony listed in subparagraph (a)1., regardless of
  415  whether the use of a weapon is an element of the felony, and
  416  during the course of the commission of the felony such person
  417  discharged a semiautomatic firearm and its high-capacity box
  418  magazine, an assault weapon and its large-capacity magazine as
  419  defined in s. 790.30, or a “machine gun” as defined in s.
  420  790.001 and, as the result of the discharge, death or great
  421  bodily harm was inflicted upon any person, the convicted person
  422  shall be sentenced to a minimum term of imprisonment of not less
  423  than 25 years and not more than a term of imprisonment of life
  424  in prison.
  425         Section 10. For the purpose of incorporating the amendment
  426  made by this act to section 775.087, Florida Statutes, in a
  427  reference thereto, section 27.366, Florida Statutes, is
  428  reenacted to read:
  429         27.366 Legislative intent and policy in cases meeting
  430  criteria of s. 775.087(2) and (3).—It is the intent of the
  431  Legislature that convicted criminal offenders who meet the
  432  criteria in s. 775.087(2) and (3) be sentenced to the minimum
  433  mandatory prison terms provided therein. It is the intent of the
  434  Legislature to establish zero tolerance of criminals who use,
  435  threaten to use, or avail themselves of firearms in order to
  436  commit crimes and thereby demonstrate their lack of value for
  437  human life. It is also the intent of the Legislature that
  438  prosecutors should appropriately exercise their discretion in
  439  those cases in which the offenders’ possession of the firearm is
  440  incidental to the commission of a crime and not used in
  441  furtherance of the crime, used in order to commit the crime, or
  442  used in preparation to commit the crime. For every case in which
  443  the offender meets the criteria in this act and does not receive
  444  the mandatory minimum prison sentence, the state attorney must
  445  explain the sentencing deviation in writing and place such
  446  explanation in the case file maintained by the state attorney.
  447         Section 11. For the purpose of incorporating the amendment
  448  made by this act to section 775.087, Florida Statutes, in a
  449  reference thereto, paragraph (b) of subsection (1) of section
  450  921.0024, Florida Statutes, is reenacted to read:
  451         921.0024 Criminal Punishment Code; worksheet computations;
  452  scoresheets.—
  453         (1)
  454         (b) WORKSHEET KEY:
  455  
  456  Legal status points are assessed when any form of legal status
  457  existed at the time the offender committed an offense before the
  458  court for sentencing. Four (4) sentence points are assessed for
  459  an offender’s legal status.
  460  
  461  Community sanction violation points are assessed when a
  462  community sanction violation is before the court for sentencing.
  463  Six (6) sentence points are assessed for each community sanction
  464  violation and each successive community sanction violation,
  465  unless any of the following apply:
  466         1. If the community sanction violation includes a new
  467  felony conviction before the sentencing court, twelve (12)
  468  community sanction violation points are assessed for the
  469  violation, and for each successive community sanction violation
  470  involving a new felony conviction.
  471         2. If the community sanction violation is committed by a
  472  violent felony offender of special concern as defined in s.
  473  948.06:
  474         a. Twelve (12) community sanction violation points are
  475  assessed for the violation and for each successive violation of
  476  felony probation or community control where:
  477         I. The violation does not include a new felony conviction;
  478  and
  479         II. The community sanction violation is not based solely on
  480  the probationer or offender’s failure to pay costs or fines or
  481  make restitution payments.
  482         b. Twenty-four (24) community sanction violation points are
  483  assessed for the violation and for each successive violation of
  484  felony probation or community control where the violation
  485  includes a new felony conviction.
  486  
  487  Multiple counts of community sanction violations before the
  488  sentencing court shall not be a basis for multiplying the
  489  assessment of community sanction violation points.
  490  
  491  Prior serious felony points: If the offender has a primary
  492  offense or any additional offense ranked in level 8, level 9, or
  493  level 10, and one or more prior serious felonies, a single
  494  assessment of thirty (30) points shall be added. For purposes of
  495  this section, a prior serious felony is an offense in the
  496  offender’s prior record that is ranked in level 8, level 9, or
  497  level 10 under s. 921.0022 or s. 921.0023 and for which the
  498  offender is serving a sentence of confinement, supervision, or
  499  other sanction or for which the offender’s date of release from
  500  confinement, supervision, or other sanction, whichever is later,
  501  is within 3 years before the date the primary offense or any
  502  additional offense was committed.
  503  
  504  Prior capital felony points: If the offender has one or more
  505  prior capital felonies in the offender’s criminal record, points
  506  shall be added to the subtotal sentence points of the offender
  507  equal to twice the number of points the offender receives for
  508  the primary offense and any additional offense. A prior capital
  509  felony in the offender’s criminal record is a previous capital
  510  felony offense for which the offender has entered a plea of nolo
  511  contendere or guilty or has been found guilty; or a felony in
  512  another jurisdiction which is a capital felony in that
  513  jurisdiction, or would be a capital felony if the offense were
  514  committed in this state.
  515  
  516  Possession of a firearm, semiautomatic firearm, or machine gun:
  517  If the offender is convicted of committing or attempting to
  518  commit any felony other than those enumerated in s. 775.087(2)
  519  while having in his or her possession: a firearm as defined in
  520  s. 790.001(6), an additional eighteen (18) sentence points are
  521  assessed; or if the offender is convicted of committing or
  522  attempting to commit any felony other than those enumerated in
  523  s. 775.087(3) while having in his or her possession a
  524  semiautomatic firearm as defined in s. 775.087(3) or a machine
  525  gun as defined in s. 790.001(9), an additional twenty-five (25)
  526  sentence points are assessed.
  527  
  528  Sentencing multipliers:
  529  
  530  Drug trafficking: If the primary offense is drug trafficking
  531  under s. 893.135, the subtotal sentence points are multiplied,
  532  at the discretion of the court, for a level 7 or level 8
  533  offense, by 1.5. The state attorney may move the sentencing
  534  court to reduce or suspend the sentence of a person convicted of
  535  a level 7 or level 8 offense, if the offender provides
  536  substantial assistance as described in s. 893.135(4).
  537  
  538  Law enforcement protection: If the primary offense is a
  539  violation of the Law Enforcement Protection Act under s.
  540  775.0823(2), (3), or (4), the subtotal sentence points are
  541  multiplied by 2.5. If the primary offense is a violation of s.
  542  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  543  are multiplied by 2.0. If the primary offense is a violation of
  544  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  545  Protection Act under s. 775.0823(10) or (11), the subtotal
  546  sentence points are multiplied by 1.5.
  547  
  548  Grand theft of a motor vehicle: If the primary offense is grand
  549  theft of the third degree involving a motor vehicle and in the
  550  offender’s prior record, there are three or more grand thefts of
  551  the third degree involving a motor vehicle, the subtotal
  552  sentence points are multiplied by 1.5.
  553  
  554  Offense related to a criminal gang: If the offender is convicted
  555  of the primary offense and committed that offense for the
  556  purpose of benefiting, promoting, or furthering the interests of
  557  a criminal gang as defined in s. 874.03, the subtotal sentence
  558  points are multiplied by 1.5. If applying the multiplier results
  559  in the lowest permissible sentence exceeding the statutory
  560  maximum sentence for the primary offense under chapter 775, the
  561  court may not apply the multiplier and must sentence the
  562  defendant to the statutory maximum sentence.
  563  
  564  Domestic violence in the presence of a child: If the offender is
  565  convicted of the primary offense and the primary offense is a
  566  crime of domestic violence, as defined in s. 741.28, which was
  567  committed in the presence of a child under 16 years of age who
  568  is a family or household member as defined in s. 741.28(3) with
  569  the victim or perpetrator, the subtotal sentence points are
  570  multiplied by 1.5.
  571  
  572  Adult-on-minor sex offense: If the offender was 18 years of age
  573  or older and the victim was younger than 18 years of age at the
  574  time the offender committed the primary offense, and if the
  575  primary offense was an offense committed on or after October 1,
  576  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  577  violation involved a victim who was a minor and, in the course
  578  of committing that violation, the defendant committed a sexual
  579  battery under chapter 794 or a lewd act under s. 800.04 or s.
  580  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  581  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  582  800.04; or s. 847.0135(5), the subtotal sentence points are
  583  multiplied by 2.0. If applying the multiplier results in the
  584  lowest permissible sentence exceeding the statutory maximum
  585  sentence for the primary offense under chapter 775, the court
  586  may not apply the multiplier and must sentence the defendant to
  587  the statutory maximum sentence.
  588         Section 12. For the purpose of incorporating the amendment
  589  made by this act to section 775.087, Florida Statutes, in a
  590  reference thereto, paragraph (b) of subsection (3) of section
  591  947.146, Florida Statutes, is reenacted to read:
  592         947.146 Control Release Authority.—
  593         (3) Within 120 days prior to the date the state
  594  correctional system is projected pursuant to s. 216.136 to
  595  exceed 99 percent of total capacity, the authority shall
  596  determine eligibility for and establish a control release date
  597  for an appropriate number of parole ineligible inmates committed
  598  to the department and incarcerated within the state who have
  599  been determined by the authority to be eligible for
  600  discretionary early release pursuant to this section. In
  601  establishing control release dates, it is the intent of the
  602  Legislature that the authority prioritize consideration of
  603  eligible inmates closest to their tentative release date. The
  604  authority shall rely upon commitment data on the offender
  605  information system maintained by the department to initially
  606  identify inmates who are to be reviewed for control release
  607  consideration. The authority may use a method of objective risk
  608  assessment in determining if an eligible inmate should be
  609  released. Such assessment shall be a part of the department’s
  610  management information system. However, the authority shall have
  611  sole responsibility for determining control release eligibility,
  612  establishing a control release date, and effectuating the
  613  release of a sufficient number of inmates to maintain the inmate
  614  population between 99 percent and 100 percent of total capacity.
  615  Inmates who are ineligible for control release are inmates who
  616  are parole eligible or inmates who:
  617         (b) Are serving the mandatory minimum portion of a sentence
  618  enhanced under s. 775.087(2) or (3), or s. 784.07(3);
  619  
  620  In making control release eligibility determinations under this
  621  subsection, the authority may rely on any document leading to or
  622  generated during the course of the criminal proceedings,
  623  including, but not limited to, any presentence or postsentence
  624  investigation or any information contained in arrest reports
  625  relating to circumstances of the offense.
  626  
  627  ================= T I T L E  A M E N D M E N T ================
  628  And the title is amended as follows:
  629         Between lines 1761 and 1762
  630  insert:
  631         creating s. 790.30, F.S.; defining terms; prohibiting
  632         the sale or transfer of an assault weapon or large
  633         capacity magazine; providing criminal penalties;
  634         providing exceptions to the prohibition; prohibiting
  635         possession of an assault weapon or large-capacity
  636         magazine; providing criminal penalties; providing
  637         exceptions to the prohibition; requiring that a person
  638         who lawfully possessed such a weapon or magazine
  639         before a specified date obtain a certificate of
  640         possession; providing requirements for the
  641         certificate; requiring the Department of Law
  642         Enforcement to adopt rules by a certain date; limiting
  643         transfers of assault weapons or large-capacity
  644         magazines represented by such certificates as of a
  645         specified date; providing conditions for continued
  646         possession of such weapons or magazines; requiring
  647         certificates of transfer for the sale or transfer of
  648         such weapons or magazines; requiring that the
  649         department maintain records of such sales or
  650         transfers; providing for relinquishment of assault
  651         weapons or large-capacity magazines to law enforcement
  652         agencies or the department; providing requirements for
  653         transportation of assault weapons or large-capacity
  654         magazines; providing criminal penalties for
  655         violations; specifying circumstances in which the
  656         manufacture or transportation of assault weapons or
  657         large-capacity magazines is not prohibited; exempting
  658         permanently inoperable firearms from all such
  659         provisions; amending s. 775.087, F.S.; providing
  660         enhanced criminal penalties for certain offenses when
  661         a person committed them with an assault weapon and
  662         large-capacity magazine; reenacting ss. 27.366,
  663         921.0024(1)(b), and 947.146(3)(b), F.S., relating to
  664         legislative intent and policy in certain cases, the
  665         Criminal Punishment Code worksheet key, and the
  666         Control Release Authority, respectively, to
  667         incorporate the amendment made to s. 775.087, F.S., in
  668         references thereto;