Bill Text: FL S0500 | 2019 | Regular Session | Introduced
Bill Title: Gun Safety
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Criminal Justice [S0500 Detail]
Download: Florida-2019-S0500-Introduced.html
Florida Senate - 2019 SB 500
By Senator Stewart
13-00007A-19 2019500__
1 A bill to be entitled
2 An act relating to gun safety; creating s. 790.30,
3 F.S.; defining terms; prohibiting the importing into
4 the state of, or the distributing, transporting,
5 transferring, selling, or giving of, an assault weapon
6 or large-capacity magazine; providing criminal
7 penalties; providing applicability; prohibiting the
8 possession of an assault weapon or large-capacity
9 magazine; providing exceptions; providing criminal
10 penalties; providing applicability; requiring
11 certificates of possession for assault weapons or
12 large-capacity magazines lawfully possessed before a
13 specified date; requiring the Department of Law
14 Enforcement to adopt rules by a certain date; limiting
15 transfers of assault weapons or large-capacity
16 magazines represented by certificates of possession;
17 providing conditions for continued possession of such
18 weapons or large-capacity magazines; requiring
19 certificates of transfer for transfers of assault
20 weapons or large-capacity magazines; requiring the
21 department to maintain a file of all certificates of
22 transfer; providing for relinquishment of assault
23 weapons or large-capacity magazines; specifying
24 requirements for transportation of assault weapons or
25 large-capacity magazines; providing criminal
26 penalties; specifying circumstances in which the
27 manufacture or transportation of assault weapons or
28 large-capacity magazines is not prohibited; exempting
29 permanently inoperable firearms from certain
30 provisions; amending s. 775.087, F.S.; providing
31 enhanced criminal penalties for certain offenses when
32 committed with an assault weapon or large-capacity
33 magazine; reenacting ss. 27.366, 921.0024(1)(b), and
34 947.146(3), F.S., relating to legislative intent and
35 policy in certain cases, the Criminal Punishment Code
36 worksheet key, and the Control Release Authority,
37 respectively, to incorporate the amendment made to s.
38 775.087, F.S., in references thereto; providing an
39 effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Section 790.30, Florida Statutes, is created to
44 read:
45 790.30 Assault weapons.—
46 (1) DEFINITIONS.—As used in this section, the term:
47 (a) “Assault weapon” means:
48 1. A selective-fire firearm capable of fully automatic,
49 semiautomatic, or burst fire at the option of the user or any of
50 the following specified semiautomatic firearms:
51 a. Algimec AGM1.
52 b. All AK series.
53 c. All AR series.
54 d. Sig Sauer MCX rifle.
55 2. A part or combination of parts that convert a firearm
56 into an assault weapon, or any combination of parts from which
57 an assault weapon may be assembled if those parts are in the
58 possession or under the control of the same person.
59 3. A semiautomatic firearm not listed in this paragraph
60 which meets the criteria of one of the following sub
61 subparagraphs:
62 a. A semiautomatic rifle that has an ability to accept a
63 detachable magazine and that has one or more of the following:
64 (I) A folding or telescoping stock.
65 (II) A pistol grip that protrudes conspicuously beneath the
66 action of the weapon or any feature functioning as a protruding
67 grip that can be held by the nontrigger hand or functioning as a
68 thumbhole stock.
69 (III) A bayonet mount.
70 (IV) A flash suppressor or threaded barrel designed to
71 accommodate a flash suppressor.
72 (V) A grenade launcher.
73 (VI) A shroud that is attached to the barrel, or that
74 partially or completely encircles the barrel and allows the user
75 to hold the firearm with the nontrigger hand without being
76 burned, but excluding a slide that encloses the barrel.
77 b. A semiautomatic pistol that has an ability to accept a
78 detachable magazine and that has one or more of the following:
79 (I) The capacity to accept an ammunition magazine that
80 attaches to the pistol at any location outside the pistol grip.
81 (II) A threaded barrel capable of accepting a barrel
82 extender, flash suppressor, forward handgrip, or silencer.
83 (III) A slide that encloses the barrel and that allows the
84 user to hold the firearm with the nontrigger hand without being
85 burned.
86 (IV) A manufactured weight of 50 ounces or more when the
87 pistol is unloaded.
88 (V) A semiautomatic version of an automatic firearm.
89 (VI) Any feature capable of functioning as a protruding
90 grip that can be held by the nontrigger hand.
91 (VII) A folding, telescoping, or thumbhole stock.
92 c. A semiautomatic shotgun that has one or more of the
93 following:
94 (I) A folding or telescoping stock.
95 (II) A pistol grip that protrudes conspicuously beneath the
96 action of the weapon.
97 (III) A thumbhole stock.
98 (IV) A fixed-magazine capacity in excess of 5 rounds.
99 (V) An ability to accept a detachable magazine.
100 d. A semiautomatic pistol or a semiautomatic, centerfire,
101 or rimfire rifle with a fixed magazine that has the capacity to
102 accept more than 10 rounds of ammunition.
103 e. A part or combination of parts designed or intended to
104 convert a firearm into an assault weapon, or any combination of
105 parts from which an assault weapon may be assembled if those
106 parts are in the possession or under the control of the same
107 person.
108 (b) “Detachable magazine” means an ammunition feeding
109 device that can be removed from a firearm without disassembly of
110 the firearm action.
111 (c) “Fixed magazine” means an ammunition feeding device
112 contained in, or permanently attached to, a firearm in such a
113 manner that the device cannot be removed without disassembly of
114 the firearm action.
115 (d) “Large-capacity magazine” means any ammunition feeding
116 device with the capacity to accept more than 7 rounds, or any
117 conversion kit, part, or combination of parts from which such a
118 device can be assembled if those parts are in the possession or
119 under the control of the same person, but does not include any
120 of the following:
121 1. A feeding device that has been permanently altered so
122 that it cannot accommodate more than 7 rounds;
123 2. A .22 caliber tube ammunition feeding device; or
124 3. A tubular magazine that is contained in a lever-action
125 firearm.
126 (e) “Licensed gun dealer” means a person who has a federal
127 firearms license.
128 (2) SALE OR TRANSFER.—
129 (a) A person may not import into this state or, within this
130 state, distribute, transport, transfer, sell, keep for sale,
131 offer or expose for sale, or give an assault weapon or large
132 capacity magazine. Except as provided in paragraph (b), any
133 person who violates this paragraph commits a felony of the third
134 degree, punishable as provided in s. 775.082, s. 775.083, or s.
135 775.084, with a mandatory minimum term of imprisonment of 2
136 years.
137 (b) A person may not transfer, sell, or give an assault
138 weapon or large-capacity magazine to a person under 21 years of
139 age. Any person who violates this paragraph commits a felony of
140 the second degree, punishable as provided in s. 775.082, s.
141 775.083, or s. 775.084, with a mandatory minimum term of
142 imprisonment of 6 years.
143 (c) Paragraph (a) does not apply to:
144 1. The sale of an assault weapon or large-capacity magazine
145 to the Department of Law Enforcement, to a law enforcement
146 agency as defined in s. 934.02, to the Department of
147 Corrections, or to the Armed Forces of the United States or of
148 this state for use in the discharge of their official duties.
149 2. A person who is the executor or administrator of an
150 estate that includes an assault weapon or large-capacity
151 magazine for which a certificate of possession has been issued
152 under subsection (4) and which is disposed of as authorized by
153 the probate court, if the disposition is otherwise authorized
154 under this section.
155 3. The transfer by bequest or intestate succession of an
156 assault weapon or large-capacity magazine for which a
157 certificate of possession has been issued under subsection (4).
158 (3) POSSESSION.—
159 (a) Except as provided in subsection (5) or otherwise
160 provided in this section or authorized by any other law, a
161 person may not, within this state, possess an assault weapon or
162 large-capacity magazine. Any person who violates this paragraph
163 commits a felony of the third degree, punishable as provided in
164 s. 775.082, s. 775.083, or s. 775.084, with a mandatory minimum
165 term of imprisonment of 1 year.
166 (b) Paragraph (a) does not apply to the possession of an
167 assault weapon or large-capacity magazine by a member or
168 employee of the Department of Law Enforcement, a law enforcement
169 agency as defined in s. 934.02, the Department of Corrections,
170 or the Armed Forces of the United States or of this state for
171 use in the discharge of his or her official duties, nor does
172 this section prohibit the possession or use of an assault weapon
173 or large-capacity magazine by a sworn member of one of these
174 agencies when on duty and the use is within the scope of his or
175 her duties.
176 (c) Paragraph (a) does not apply to the possession of an
177 assault weapon or large-capacity magazine by any person before
178 July 1, 2020, if all of the following are applicable:
179 1. The person is eligible to apply for a certificate of
180 possession for the assault weapon or large-capacity magazine by
181 July 1, 2020;
182 2. The person lawfully possessed the assault weapon or
183 large-capacity magazine before October 1, 2019; and
184 3. The person is otherwise in compliance with this section
185 and the applicable requirements of this chapter for possession
186 of a firearm.
187 (d) Paragraph (a) does not apply to a person who is the
188 executor or administrator of an estate that includes an assault
189 weapon or large-capacity magazine for which a certificate of
190 possession has been issued under subsection (4), if the assault
191 weapon or large-capacity magazine is possessed at a place set
192 forth in subparagraph (4)(c)1. or as authorized by the probate
193 court.
194 (4) CERTIFICATE OF POSSESSION.—
195 (a) Any person who lawfully possesses an assault weapon or
196 large-capacity magazine before October 1, 2019, shall apply to
197 the Department of Law Enforcement by October 1, 2020, for a
198 certificate of possession with respect to such assault weapon or
199 large-capacity magazine. If such person is a member of the Armed
200 Forces of the United States or of this state and cannot apply by
201 October 1, 2020, because he or she is or was on official duty
202 outside this state, the person shall apply within 90 days after
203 returning to this state. The certificate must contain a
204 description of the assault weapon or large-capacity magazine
205 which identifies the assault weapon or large-capacity magazine
206 uniquely, including all identifying marks; the full name,
207 address, date of birth, and thumbprint of the owner; and any
208 other information as the department deems appropriate. The
209 department shall adopt rules no later than January 1, 2020, to
210 establish procedures with respect to the application for, and
211 issuance of, certificates of possession under this section.
212 (b)1. An assault weapon or large-capacity magazine lawfully
213 possessed in accordance with this section may not be sold or
214 transferred on or after January 1, 2020, to any person within
215 this state other than to a licensed gun dealer, as provided in
216 subsection (5), or by a bequest or intestate succession.
217 2. A person who obtains ownership of an assault weapon or
218 large-capacity magazine for which a certificate of possession
219 has been issued under this subsection shall, within 90 days
220 after obtaining ownership, apply to the Department of Law
221 Enforcement for a certificate of possession, render the assault
222 weapon or large-capacity magazine permanently inoperable, sell
223 the assault weapon or large-capacity magazine to a licensed gun
224 dealer, or remove the assault weapon or large-capacity magazine
225 from this state.
226 3. A person who moves into this state and who is in lawful
227 possession of an assault weapon or large-capacity magazine
228 shall, within 90 days, either render the assault weapon or
229 large-capacity magazine permanently inoperable, sell the assault
230 weapon or large-capacity magazine to a licensed gun dealer, or
231 remove the assault weapon or large-capacity magazine from this
232 state, unless the person is a member of the military, air, or
233 naval forces of this state or of the United States, is in lawful
234 possession of an assault weapon or large-capacity magazine, and
235 has been transferred to the state after October 1, 2020.
236 (c) A person who has been issued a certificate of
237 possession for an assault weapon or large-capacity magazine
238 under this subsection may possess it only if the person is:
239 1. At the residence, the place of business, or any other
240 property owned by that person, or on a property owned by another
241 person with the owner’s express permission;
242 2. On the premises of a target range of a public or private
243 club or organization organized for the purpose of practicing
244 shooting at targets;
245 3. On a target range that holds a regulatory or business
246 license for the purpose of practicing shooting at that target
247 range;
248 4. On the premises of a licensed shooting club;
249 5. Attending an exhibition, display, or educational program
250 on firearms which is sponsored by, conducted under the auspices
251 of, or approved by a law enforcement agency or a nationally or
252 state-recognized entity that fosters proficiency in, or promotes
253 education about, firearms; or
254 6. Transporting the assault weapon or large-capacity
255 magazine between any of the places mentioned in this paragraph,
256 or from or to any licensed gun dealer for servicing or repair
257 pursuant to paragraph (7)(b), provided the assault weapon or
258 large-capacity magazine is transported as required by subsection
259 (7).
260 (5) CERTIFICATE OF TRANSFER.—If an owner of an assault
261 weapon or large-capacity magazine sells or transfers the weapon
262 or magazine to a licensed gun dealer, the licensed gun dealer
263 shall, at the time of delivery of the weapon, execute a
264 certificate of transfer and cause the certificate to be mailed
265 or delivered to the Department of Law Enforcement. The
266 certificate must contain:
267 (a) The date of sale or transfer.
268 (b) The name and address of the seller or transferor and
269 the licensed gun dealer and their social security numbers or
270 driver license numbers.
271 (c) The licensed gun dealer’s federal firearms license
272 number.
273 (d) A description of the weapon, including the caliber of
274 the weapon and its make, model, and serial number.
275 (e) Any other information the Department of Law Enforcement
276 requires.
277
278 The licensed gun dealer shall present his or her driver license
279 or social security card and federal firearms license to the
280 seller or transferor for inspection at the time of purchase or
281 transfer. The Department of Law Enforcement shall maintain a
282 file of all certificates of transfer at its headquarters.
283 (6) RELINQUISHMENT.—An individual may arrange in advance to
284 relinquish an assault weapon or large-capacity magazine to a law
285 enforcement agency, as defined in s. 934.02, or the Department
286 of Law Enforcement. The assault weapon or large-capacity
287 magazine shall be transported in accordance with subsection (7).
288 (7) TRANSPORTATION.—
289 (a) A licensed gun dealer who lawfully purchases for resale
290 an assault weapon or large-capacity magazine pursuant to
291 subsection (2) may transport the assault weapon or large
292 capacity magazine between licensed gun dealers or out of this
293 state, but a person may not carry a loaded assault weapon
294 concealed from public view, or knowingly have in any motor
295 vehicle owned, operated, or occupied by him or her a loaded or
296 unloaded assault weapon, unless the weapon is kept in the trunk
297 of the vehicle or in a case or other container that is
298 inaccessible to the operator of or any passenger in the vehicle.
299 Any person who violates this paragraph commits a misdemeanor of
300 the second degree, punishable as provided in s. 775.082 or s.
301 775.083. Any licensed gun dealer may display the assault weapon
302 or large-capacity magazine at any gun show or sell it to a
303 resident outside this state.
304 (b) Any licensed gun dealer may transfer possession of any
305 assault weapon or large-capacity magazine received pursuant to
306 paragraph (a) to a gunsmith for purposes of accomplishing
307 service or repair of the same. Transfers are permissible only to
308 a gunsmith who is:
309 1. In the licensed gun dealer’s employ; or
310 2. Contracted by the licensed gun dealer for gunsmithing
311 services, provided the gunsmith holds a dealer’s license issued
312 pursuant to chapter 44 of Title 18 of the United States Code, 18
313 U.S.C. ss. 921 et seq., and the regulations issued pursuant
314 thereto.
315 (8) CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION
316 NOT PROHIBITED.—This section does not prohibit any person, firm,
317 or corporation engaged in the business of manufacturing assault
318 weapons or large-capacity magazines in this state from
319 manufacturing or transporting assault weapons or large-capacity
320 magazines in this state for sale within this state in accordance
321 with subparagraph (2)(c)1. or for sale outside this state.
322 (9) EXCEPTION.—This section does not apply to any firearm
323 modified to render it permanently inoperable.
324 Section 2. Paragraph (a) of subsection (3) of section
325 775.087, Florida Statutes, is amended to read:
326 775.087 Possession or use of weapon; aggravated battery;
327 felony reclassification; minimum sentence.—
328 (3)(a)1. Any person who is convicted of a felony or an
329 attempt to commit a felony, regardless of whether the use of a
330 firearm is an element of the felony, and the conviction was for:
331 a. Murder;
332 b. Sexual battery;
333 c. Robbery;
334 d. Burglary;
335 e. Arson;
336 f. Aggravated battery;
337 g. Kidnapping;
338 h. Escape;
339 i. Sale, manufacture, delivery, or intent to sell,
340 manufacture, or deliver any controlled substance;
341 j. Aircraft piracy;
342 k. Aggravated child abuse;
343 l. Aggravated abuse of an elderly person or disabled adult;
344 m. Unlawful throwing, placing, or discharging of a
345 destructive device or bomb;
346 n. Carjacking;
347 o. Home-invasion robbery;
348 p. Aggravated stalking; or
349 q. Trafficking in cannabis, trafficking in cocaine, capital
350 importation of cocaine, trafficking in illegal drugs, capital
351 importation of illegal drugs, trafficking in phencyclidine,
352 capital importation of phencyclidine, trafficking in
353 methaqualone, capital importation of methaqualone, trafficking
354 in amphetamine, capital importation of amphetamine, trafficking
355 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
356 (GHB), trafficking in 1,4-Butanediol, trafficking in
357 Phenethylamines, or other violation of s. 893.135(1),;
358
359 and during the commission of the offense, such person possessed
360 a semiautomatic firearm and its high-capacity detachable box
361 magazine, an assault weapon and its large-capacity magazine as
362 defined in s. 790.30, or a machine gun as defined in s. 790.001,
363 shall be sentenced to a minimum term of imprisonment of 15
364 years.
365 2. Any person who is convicted of a felony or an attempt to
366 commit a felony listed in subparagraph 1. subparagraph (a)1.,
367 regardless of whether the use of a weapon is an element of the
368 felony, and during the course of the commission of the felony
369 such person discharged a semiautomatic firearm and its high
370 capacity box magazine, an assault weapon and its large-capacity
371 magazine as defined in s. 790.30, or a “machine gun” as defined
372 in s. 790.001 shall be sentenced to a minimum term of
373 imprisonment of 20 years.
374 3. Any person who is convicted of a felony or an attempt to
375 commit a felony listed in subparagraph 1. subparagraph (a)1.,
376 regardless of whether the use of a weapon is an element of the
377 felony, and during the course of the commission of the felony
378 such person discharged a semiautomatic firearm and its high
379 capacity box magazine, an assault weapon and its large-capacity
380 magazine as defined in s. 790.30, or a “machine gun” as defined
381 in s. 790.001 and, as the result of the discharge, death or
382 great bodily harm was inflicted upon any person, the convicted
383 person shall be sentenced to a minimum term of imprisonment of
384 not less than 25 years and not more than a term of imprisonment
385 of life in prison.
386 Section 3. For the purpose of incorporating the amendment
387 made by this act to section 775.087, Florida Statutes, in a
388 reference thereto, section 27.366, Florida Statutes, is
389 reenacted to read:
390 27.366 Legislative intent and policy in cases meeting
391 criteria of s. 775.087(2) and (3).—It is the intent of the
392 Legislature that convicted criminal offenders who meet the
393 criteria in s. 775.087(2) and (3) be sentenced to the minimum
394 mandatory prison terms provided therein. It is the intent of the
395 Legislature to establish zero tolerance of criminals who use,
396 threaten to use, or avail themselves of firearms in order to
397 commit crimes and thereby demonstrate their lack of value for
398 human life. It is also the intent of the Legislature that
399 prosecutors should appropriately exercise their discretion in
400 those cases in which the offenders’ possession of the firearm is
401 incidental to the commission of a crime and not used in
402 furtherance of the crime, used in order to commit the crime, or
403 used in preparation to commit the crime. For every case in which
404 the offender meets the criteria in this act and does not receive
405 the mandatory minimum prison sentence, the state attorney must
406 explain the sentencing deviation in writing and place such
407 explanation in the case file maintained by the state attorney.
408 Section 4. For the purpose of incorporating the amendment
409 made by this act to section 775.087, Florida Statutes, in a
410 reference thereto, paragraph (b) of subsection (1) of section
411 921.0024, Florida Statutes, is reenacted to read:
412 921.0024 Criminal Punishment Code; worksheet computations;
413 scoresheets.—
414 (1)
415 (b) WORKSHEET KEY:
416
417 Legal status points are assessed when any form of legal status
418 existed at the time the offender committed an offense before the
419 court for sentencing. Four (4) sentence points are assessed for
420 an offender’s legal status.
421
422 Community sanction violation points are assessed when a
423 community sanction violation is before the court for sentencing.
424 Six (6) sentence points are assessed for each community sanction
425 violation and each successive community sanction violation,
426 unless any of the following apply:
427 1. If the community sanction violation includes a new
428 felony conviction before the sentencing court, twelve (12)
429 community sanction violation points are assessed for the
430 violation, and for each successive community sanction violation
431 involving a new felony conviction.
432 2. If the community sanction violation is committed by a
433 violent felony offender of special concern as defined in s.
434 948.06:
435 a. Twelve (12) community sanction violation points are
436 assessed for the violation and for each successive violation of
437 felony probation or community control where:
438 I. The violation does not include a new felony conviction;
439 and
440 II. The community sanction violation is not based solely on
441 the probationer or offender’s failure to pay costs or fines or
442 make restitution payments.
443 b. Twenty-four (24) community sanction violation points are
444 assessed for the violation and for each successive violation of
445 felony probation or community control where the violation
446 includes a new felony conviction.
447
448 Multiple counts of community sanction violations before the
449 sentencing court shall not be a basis for multiplying the
450 assessment of community sanction violation points.
451
452 Prior serious felony points: If the offender has a primary
453 offense or any additional offense ranked in level 8, level 9, or
454 level 10, and one or more prior serious felonies, a single
455 assessment of thirty (30) points shall be added. For purposes of
456 this section, a prior serious felony is an offense in the
457 offender’s prior record that is ranked in level 8, level 9, or
458 level 10 under s. 921.0022 or s. 921.0023 and for which the
459 offender is serving a sentence of confinement, supervision, or
460 other sanction or for which the offender’s date of release from
461 confinement, supervision, or other sanction, whichever is later,
462 is within 3 years before the date the primary offense or any
463 additional offense was committed.
464
465 Prior capital felony points: If the offender has one or more
466 prior capital felonies in the offender’s criminal record, points
467 shall be added to the subtotal sentence points of the offender
468 equal to twice the number of points the offender receives for
469 the primary offense and any additional offense. A prior capital
470 felony in the offender’s criminal record is a previous capital
471 felony offense for which the offender has entered a plea of nolo
472 contendere or guilty or has been found guilty; or a felony in
473 another jurisdiction which is a capital felony in that
474 jurisdiction, or would be a capital felony if the offense were
475 committed in this state.
476
477 Possession of a firearm, semiautomatic firearm, or machine gun:
478 If the offender is convicted of committing or attempting to
479 commit any felony other than those enumerated in s. 775.087(2)
480 while having in his or her possession: a firearm as defined in
481 s. 790.001(6), an additional eighteen (18) sentence points are
482 assessed; or if the offender is convicted of committing or
483 attempting to commit any felony other than those enumerated in
484 s. 775.087(3) while having in his or her possession a
485 semiautomatic firearm as defined in s. 775.087(3) or a machine
486 gun as defined in s. 790.001(9), an additional twenty-five (25)
487 sentence points are assessed.
488
489 Sentencing multipliers:
490
491 Drug trafficking: If the primary offense is drug trafficking
492 under s. 893.135, the subtotal sentence points are multiplied,
493 at the discretion of the court, for a level 7 or level 8
494 offense, by 1.5. The state attorney may move the sentencing
495 court to reduce or suspend the sentence of a person convicted of
496 a level 7 or level 8 offense, if the offender provides
497 substantial assistance as described in s. 893.135(4).
498
499 Law enforcement protection: If the primary offense is a
500 violation of the Law Enforcement Protection Act under s.
501 775.0823(2), (3), or (4), the subtotal sentence points are
502 multiplied by 2.5. If the primary offense is a violation of s.
503 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
504 are multiplied by 2.0. If the primary offense is a violation of
505 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
506 Protection Act under s. 775.0823(10) or (11), the subtotal
507 sentence points are multiplied by 1.5.
508
509 Grand theft of a motor vehicle: If the primary offense is grand
510 theft of the third degree involving a motor vehicle and in the
511 offender’s prior record, there are three or more grand thefts of
512 the third degree involving a motor vehicle, the subtotal
513 sentence points are multiplied by 1.5.
514
515 Offense related to a criminal gang: If the offender is convicted
516 of the primary offense and committed that offense for the
517 purpose of benefiting, promoting, or furthering the interests of
518 a criminal gang as defined in s. 874.03, the subtotal sentence
519 points are multiplied by 1.5. If applying the multiplier results
520 in the lowest permissible sentence exceeding the statutory
521 maximum sentence for the primary offense under chapter 775, the
522 court may not apply the multiplier and must sentence the
523 defendant to the statutory maximum sentence.
524
525 Domestic violence in the presence of a child: If the offender is
526 convicted of the primary offense and the primary offense is a
527 crime of domestic violence, as defined in s. 741.28, which was
528 committed in the presence of a child under 16 years of age who
529 is a family or household member as defined in s. 741.28(3) with
530 the victim or perpetrator, the subtotal sentence points are
531 multiplied by 1.5.
532
533 Adult-on-minor sex offense: If the offender was 18 years of age
534 or older and the victim was younger than 18 years of age at the
535 time the offender committed the primary offense, and if the
536 primary offense was an offense committed on or after October 1,
537 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
538 violation involved a victim who was a minor and, in the course
539 of committing that violation, the defendant committed a sexual
540 battery under chapter 794 or a lewd act under s. 800.04 or s.
541 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
542 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
543 800.04; or s. 847.0135(5), the subtotal sentence points are
544 multiplied by 2.0. If applying the multiplier results in the
545 lowest permissible sentence exceeding the statutory maximum
546 sentence for the primary offense under chapter 775, the court
547 may not apply the multiplier and must sentence the defendant to
548 the statutory maximum sentence.
549 Section 5. For the purpose of incorporating the amendment
550 made by this act to section 775.087, Florida Statutes, in a
551 reference thereto, subsection (3) of section 947.146, Florida
552 Statutes, is reenacted to read:
553 947.146 Control Release Authority.—
554 (3) Within 120 days prior to the date the state
555 correctional system is projected pursuant to s. 216.136 to
556 exceed 99 percent of total capacity, the authority shall
557 determine eligibility for and establish a control release date
558 for an appropriate number of parole ineligible inmates committed
559 to the department and incarcerated within the state who have
560 been determined by the authority to be eligible for
561 discretionary early release pursuant to this section. In
562 establishing control release dates, it is the intent of the
563 Legislature that the authority prioritize consideration of
564 eligible inmates closest to their tentative release date. The
565 authority shall rely upon commitment data on the offender
566 information system maintained by the department to initially
567 identify inmates who are to be reviewed for control release
568 consideration. The authority may use a method of objective risk
569 assessment in determining if an eligible inmate should be
570 released. Such assessment shall be a part of the department’s
571 management information system. However, the authority shall have
572 sole responsibility for determining control release eligibility,
573 establishing a control release date, and effectuating the
574 release of a sufficient number of inmates to maintain the inmate
575 population between 99 percent and 100 percent of total capacity.
576 Inmates who are ineligible for control release are inmates who
577 are parole eligible or inmates who:
578 (a) Are serving a sentence that includes a mandatory
579 minimum provision for a capital offense or drug trafficking
580 offense and have not served the number of days equal to the
581 mandatory minimum term less any jail-time credit awarded by the
582 court;
583 (b) Are serving the mandatory minimum portion of a sentence
584 enhanced under s. 775.087(2) or (3), or s. 784.07(3);
585 (c) Are convicted, or have been previously convicted, of
586 committing or attempting to commit sexual battery, incest, or
587 any of the following lewd or indecent assaults or acts:
588 masturbating in public; exposing the sexual organs in a
589 perverted manner; or nonconsensual handling or fondling of the
590 sexual organs of another person;
591 (d) Are convicted, or have been previously convicted, of
592 committing or attempting to commit assault, aggravated assault,
593 battery, or aggravated battery, and a sex act was attempted or
594 completed during commission of such offense;
595 (e) Are convicted, or have been previously convicted, of
596 committing or attempting to commit kidnapping, burglary, or
597 murder, and the offense was committed with the intent to commit
598 sexual battery or a sex act was attempted or completed during
599 commission of the offense;
600 (f) Are convicted, or have been previously convicted, of
601 committing or attempting to commit false imprisonment upon a
602 child under the age of 13 and, in the course of committing the
603 offense, the inmate committed aggravated child abuse, sexual
604 battery against the child, or a lewd or lascivious offense
605 committed upon or in the presence of a person less than 16 years
606 of age;
607 (g) Are sentenced, have previously been sentenced, or have
608 been sentenced at any time under s. 775.084, or have been
609 sentenced at any time in another jurisdiction as a habitual
610 offender;
611 (h) Are convicted, or have been previously convicted, of
612 committing or attempting to commit assault, aggravated assault,
613 battery, aggravated battery, kidnapping, manslaughter, or murder
614 against an officer as defined in s. 943.10(1), (2), (3), (6),
615 (7), (8), or (9); against a state attorney or assistant state
616 attorney; or against a justice or judge of a court described in
617 Art. V of the State Constitution; or against an officer, judge,
618 or state attorney employed in a comparable position by any other
619 jurisdiction; or
620 (i) Are convicted, or have been previously convicted, of
621 committing or attempting to commit murder in the first, second,
622 or third degree under s. 782.04(1), (2), (3), or (4), or have
623 ever been convicted of any degree of murder or attempted murder
624 in another jurisdiction;
625 (j) Are convicted, or have been previously convicted, of
626 DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
627 have been sentenced at any time, as a habitual offender for such
628 offense, or have been sentenced at any time in another
629 jurisdiction as a habitual offender for such offense;
630 (k)1. Are serving a sentence for an offense committed on or
631 after January 1, 1994, for a violation of the Law Enforcement
632 Protection Act under s. 775.0823(2), (3), (4), (5), or (6), and
633 the subtotal of the offender’s sentence points is multiplied
634 pursuant to former s. 921.0014 or s. 921.0024;
635 2. Are serving a sentence for an offense committed on or
636 after October 1, 1995, for a violation of the Law Enforcement
637 Protection Act under s. 775.0823(2), (3), (4), (5), (6), (7),
638 (8), or (9), and the subtotal of the offender’s sentence points
639 is multiplied pursuant to former s. 921.0014 or s. 921.0024;
640 (l) Are serving a sentence for an offense committed on or
641 after January 1, 1994, for possession of a firearm,
642 semiautomatic firearm, or machine gun in which additional points
643 are added to the subtotal of the offender’s sentence points
644 pursuant to former s. 921.0014 or s. 921.0024; or
645 (m) Are convicted, or have been previously convicted, of
646 committing or attempting to commit manslaughter, kidnapping,
647 robbery, carjacking, home-invasion robbery, or a burglary under
648 s. 810.02(2).
649
650 In making control release eligibility determinations under this
651 subsection, the authority may rely on any document leading to or
652 generated during the course of the criminal proceedings,
653 including, but not limited to, any presentence or postsentence
654 investigation or any information contained in arrest reports
655 relating to circumstances of the offense.
656 Section 6. This act shall take effect October 1, 2019.
