Bill Summary – FastDemocracy

       Florida Senate - 2024                                     SB 912
       
       
        
       By Senator Polsky
       
       
       
       
       
       30-00961B-24                                           2024912__
                      A bill to be entitled                      
       An act relating to firearms; amending s. 790.001,
       F.S.; revising the definition of the term “machine
       gun”; amending s. 921.0022, F.S.; ranking an offense
       on level 5 of the offense severity ranking chart of
       the Criminal Punishment Code; reenacting ss.
       775.087(3)(a) and (d), 784.07(3)(b), 790.06(1)(a), and
       921.0024(1)(b), F.S., relating to required minimum
       sentences and legislative intent, required minimum
       sentences, the definition of the term “concealed
       weapon or concealed firearm,” and the worksheet key
       for worksheet computations of the Criminal Punishment
       Code, respectively, to incorporate the amendment made
       to s. 790.001, F.S., in references thereto; providing
       an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Subsection (13) of section 790.001, Florida
Statutes, is amended to read:
       790.001 Definitions.—As used in this chapter, except where
the context otherwise requires:
       (13) “Machine gun” means any firearm that: which
       (a) Shoots, or is designed to shoot, automatically more
than one shot, without manually reloading, by a single function
pull of the trigger; or
       (b) Is modified by a conversion kit, a tool, an accessory,
or a device that is used to alter the rate of fire of the
firearm to mimic automatic weapon fire or that is used to
increase the rate of fire to a faster rate than is possible for
a person to fire such firearm unassisted by a conversion kit, a
tool, an accessory, or a device by a single pull of the trigger.
       Section 2. Paragraph (e) of subsection (3) of section
921.0022, Florida Statutes, is amended to read:
       921.0022 Criminal Punishment Code; offense severity ranking
chart.—
       (3) OFFENSE SEVERITY RANKING CHART
       (e) LEVEL 5

FloridaStatute             FelonyDegree         Description        
316.027(2)(a)                   3rd      Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
316.1935(4)(a)                  2nd      Aggravated fleeing or eluding.
316.80(2)                       2nd      Unlawful conveyance of fuel; obtaining fuel fraudulently.
322.34(6)                       3rd      Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
327.30(5)                       3rd      Vessel accidents involving personal injury; leaving scene.
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.
379.367(4)                      3rd      Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
379.407(5)(b)3.                 3rd      Possession of 100 or more undersized spiny lobsters.
381.0041(11)(b)                 3rd      Donate blood, plasma, or organs knowing HIV positive.
440.10(1)(g)                    2nd      Failure to obtain workers’ compensation coverage.
440.105(5)                      2nd      Unlawful solicitation for the purpose of making workers’ compensation claims.
440.381(2)                      3rd      Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
624.401(4)(b)2.                 2nd      Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
626.902(1)(c)                   2nd      Representing an unauthorized insurer; repeat offender.
790.01(3)                       3rd      Unlawful carrying of a concealed firearm.
790.162                         2nd      Threat to throw or discharge destructive device.
790.163(1)                      2nd      False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
790.221(1)                      2nd      Possession of short-barreled shotgun or machine gun.
790.222                         3rd      Prohibited acts related to bump-fire stocks.
790.23                          2nd      Felons in possession of firearms, ammunition, or electronic weapons or devices.
796.05(1)                       2nd      Live on earnings of a prostitute; 1st offense.
800.04(6)(c)                    3rd      Lewd or lascivious conduct; offender less than 18 years of age.
800.04(7)(b)                    2nd      Lewd or lascivious exhibition; offender 18 years of age or older.
806.111(1)                      3rd      Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
812.0145(2)(b)                  2nd      Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
812.015 (8)(a) & (c)-(e)        3rd      Retail theft; property stolen is valued at $750 or more and one or more specified acts.
812.015(8)(f)                   3rd      Retail theft; multiple thefts within specified period.
812.019(1)                      2nd      Stolen property; dealing in or trafficking in.
812.081(3)                      2nd      Trafficking in trade secrets.
812.131(2)(b)                   3rd      Robbery by sudden snatching.
812.16(2)                       3rd      Owning, operating, or conducting a chop shop.
817.034(4)(a)2.                 2nd      Communications fraud, value $20,000 to $50,000.
817.234(11)(b)                  2nd      Insurance fraud; property value $20,000 or more but less than $100,000.
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.
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.
817.611(2)(a)                   2nd      Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
817.625(2)(b)                   2nd      Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
825.1025(4)                     3rd      Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
827.071(4)                      2nd      Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
827.071(5)                      3rd      Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
828.12(2)                       3rd      Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
836.14(4)                       2nd      Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
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.
843.01(1)                       3rd      Resist officer with violence to person; resist arrest with violence.
847.0135(5)(b)                  2nd      Lewd or lascivious exhibition using computer; offender 18 years or older.
847.0137 (2) & (3)              3rd      Transmission of pornography by electronic device or equipment.
847.0138 (2) & (3)              3rd      Transmission of material harmful to minors to a minor by electronic device or equipment.
874.05(1)(b)                    2nd      Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
874.05(2)(a)                    2nd      Encouraging or recruiting person under 13 years of age to join a criminal gang.
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).
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.
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.
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.
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.
893.13(4)(b)                    2nd      Use or hire of minor; deliver to minor other controlled substance.
893.1351(1)                     3rd      Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
       Section 3. For the purpose of incorporating the amendment
made by this act to section 790.001, Florida Statutes, in
references thereto, paragraphs (a) and (d) of subsection (3) of
section 775.087, Florida Statutes, are reenacted to read:
       775.087 Possession or use of weapon; aggravated battery;
felony reclassification; minimum sentence.—
       (3)(a)1. Any person who is convicted of a felony or an
attempt to commit a felony, regardless of whether the use of a
firearm is an element of the felony, and the conviction was for:
       a. Murder;
       b. Sexual battery;
       c. Robbery;
       d. Burglary;
       e. Arson;
       f. Aggravated battery;
       g. Kidnapping;
       h. Escape;
       i. Sale, manufacture, delivery, or intent to sell,
manufacture, or deliver any controlled substance;
       j. Aircraft piracy;
       k. Aggravated child abuse;
       l. Aggravated abuse of an elderly person or disabled adult;
       m. Unlawful throwing, placing, or discharging of a
destructive device or bomb;
       n. Carjacking;
       o. Home-invasion robbery;
       p. Aggravated stalking;
       q. Trafficking in cannabis, trafficking in cocaine, capital
importation of cocaine, trafficking in illegal drugs, capital
importation of illegal drugs, trafficking in phencyclidine,
capital importation of phencyclidine, trafficking in
methaqualone, capital importation of methaqualone, trafficking
in amphetamine, capital importation of amphetamine, trafficking
in flunitrazepam, trafficking in gamma-hydroxybutyric acid
(GHB), trafficking in 1,4-Butanediol, trafficking in
Phenethylamines, or other violation of s. 893.135(1); or
       r. Human trafficking

and during the commission of the offense, such person possessed
a semiautomatic firearm and its high-capacity detachable box
magazine or a machine gun as defined in s. 790.001, shall be
sentenced to a minimum term of imprisonment of 15 years.
       2. Any person who is convicted of a felony or an attempt to
commit a felony listed in subparagraph 1., regardless of whether
the use of a weapon is an element of the felony, and during the
course of the commission of the felony such person discharged a
semiautomatic firearm and its high-capacity box magazine or a
“machine gun” as defined in s. 790.001 shall be sentenced to a
minimum term of imprisonment of 20 years.
       3. Any person who is convicted of a felony or an attempt to
commit a felony listed in subparagraph 1., regardless of whether
the use of a weapon is an element of the felony, and during the
course of the commission of the felony such person discharged a
semiautomatic firearm and its high-capacity box magazine or a
“machine gun” as defined in s. 790.001 and, as the result of the
discharge, death or great bodily harm was inflicted upon any
person, the convicted person shall be sentenced to a minimum
term of imprisonment of not less than 25 years and not more than
a term of imprisonment of life in prison.
       (d) It is the intent of the Legislature that offenders who
possess, carry, display, use, threaten to use, or attempt to use
a semiautomatic firearm and its high-capacity detachable box
magazine or a machine gun as defined in s. 790.001 be punished
to the fullest extent of the law, and the minimum terms of
imprisonment imposed pursuant to this subsection shall be
imposed for each qualifying felony count for which the person is
convicted. The court shall impose any term of imprisonment
provided for in this subsection consecutively to any other term
of imprisonment imposed for any other felony offense.
       Section 4. For the purpose of incorporating the amendment
made by this act to section 790.001, Florida Statutes, in a
reference thereto, paragraph (b) of subsection (3) of section
784.07, Florida Statutes, is reenacted to read:
       784.07 Assault or battery of law enforcement officers and
other specified personnel; reclassification of offenses; minimum
sentences.—
       (3) Any person who is convicted of a battery under
paragraph (2)(b) and, during the commission of the offense, such
person possessed:
       (b) A semiautomatic firearm and its high-capacity
detachable box magazine, as defined in s. 775.087(3), or a
machine gun as defined in s. 790.001, shall be sentenced to a
minimum term of imprisonment of 8 years.

Notwithstanding s. 948.01, adjudication of guilt or imposition
of sentence shall not be suspended, deferred, or withheld, and
the defendant is not eligible for statutory gain-time under s.
944.275 or any form of discretionary early release, other than
pardon or executive clemency, or conditional medical release
under s. 947.149, prior to serving the minimum sentence.
       Section 5. For the purpose of incorporating the amendment
made by this act to section 790.001, Florida Statutes, in a
reference thereto, paragraph (a) of subsection (1) of section
790.06, Florida Statutes, is reenacted to read:
       790.06 License to carry concealed weapon or concealed
firearm.—
       (1)(a) For the purposes of this section, the term
“concealed weapon or concealed firearm” means a handgun,
electric weapon or device, tear gas gun, knife, or billie, but
does not include a machine gun as that term is defined in s.
790.001.
       Section 6. For the purpose of incorporating the amendment
made by this act to section 790.001, Florida Statutes, in a
reference thereto, paragraph (b) of subsection (1) of section
921.0024, Florida Statutes, is reenacted to read:
       921.0024 Criminal Punishment Code; worksheet computations;
scoresheets.—
       (1)
       (b) WORKSHEET KEY:

Legal status points are assessed when any form of legal status
existed at the time the offender committed an offense before the
court for sentencing. Four (4) sentence points are assessed for
an offender’s legal status.

Community sanction violation points are assessed when a
community sanction violation is before the court for sentencing.
Six (6) sentence points are assessed for each community sanction
violation and each successive community sanction violation,
unless any of the following apply:
       1. If the community sanction violation includes a new
felony conviction before the sentencing court, twelve (12)
community sanction violation points are assessed for the
violation, and for each successive community sanction violation
involving a new felony conviction.
       2. If the community sanction violation is committed by a
violent felony offender of special concern as defined in s.
948.06:
       a. Twelve (12) community sanction violation points are
assessed for the violation and for each successive violation of
felony probation or community control where:
       I. The violation does not include a new felony conviction;
and
       II. The community sanction violation is not based solely on
the probationer or offender’s failure to pay costs or fines or
make resti