Senate Bill 346 (2026) — Assault weapons and large-capacity magazines
SB 346
Florida Bills
Florida Senate - 2026 SB 346 By Senator Smith 17-00076-26 2026346__ Page 1 of 18 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to assault weapons and large-capacity 2 magazines; creating s. 790.301, F.S.; defining terms; 3 prohibiting the sale or transfer of an assault weapon 4 or a large-capacity magazine; providing exceptions; 5 providing criminal penalties; prohibiting possession 6 of an assault weapon or a large-capacity magazine; 7 providing exceptions; providing criminal penalties; 8 requiring certificates of possession for assault 9 weapons or large-capacity magazines lawfully possessed 10 before a specified date; specifying requirements for 11 the certificates; requiring the Department of Law 12 Enforcement to adopt rules by a specified date; 13 requiring the department to conduct certain background 14 investigations; specifying the form of the 15 certificates of possession; limiting sales or 16 transfers of assault weapons or large-capacity 17 magazines documented by certificates of possession; 18 providing conditions for continued possession of such 19 weapons or large-capacity magazines; specifying 20 requirements for an applicant who fails to qualify for 21 a certificate of possession; requiring certificates of 22 transfer for transfers of certain assault weapons or 23 large-capacity magazines; specifying requirements for 24 certificates of transfer; requiring the department to 25 maintain a file of such certificates; providing for 26 relinquishment of assault weapons or large-capacity 27 magazines; specifying requirements for transporting 28 assault weapons or large-capacity magazines under 29
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 2 of 18 CODING: Words stricken are deletions; words underlined are additions. certain circumstances; providing criminal penalties; 30 specifying circumstances in which the manufacture or 31 transport of assault weapons or large-capacity 32 magazines is not prohibited; exempting permanently 33 inoperable firearms from certain provisions; amending 34 s. 775.087, F.S.; providing enhanced criminal 35 penalties for certain offenses when committed with an 36 assault weapon or a large-capacity magazine; providing 37 for severability; providing an effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41
Section
Section 790.301, Florida Statutes, is created to 42 read: 43 790.301 Assault weapons.— 44
(1) DEFINITIONS.—As used in this section, the term: 45 (a)1. “Assault weapon” means any selective-fire firearm 46 capable of fully automatic, semiautomatic, or burst fire at the 47 option of the user or any of the following semiautomatic 48 firearms: 49 a. All AK series, including, but not limited to, the 50 following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90, 51 NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47, 52 and Vector Arms AK-47. 53 b.
All AR series, including, but not limited to, the 54 following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and 55 M15, Olympic Arms, AR70, DPMS tactical rifles, Smith & Wesson 56 M&P15 rifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar 57 AR rifles. 58
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 3 of 18 CODING: Words stricken are deletions; words underlined are additions. c. Algimec AGM1. 59 d. Barrett 82A1 and REC7. 60 e. Beretta AR-70 and Beretta Storm. 61 f. Bushmaster auto rifle. 62 g. Calico Liberty series. 63 h. Chartered Industries of Singapore SR-88. 64 i. Colt Sporter. 65 j. Daewoo K-1, K-2, Max-1, and Max-2. 66 k. Fabrique National FN/FAL, FN/LAR, and FNC. 67 l. FAMAS MAS 223. 68 m. Federal XC-900 and SC-450. 69 n. FNH PS90, SCAR, and FS2000. 70 o. Goncz High Tech Carbine. 71 p. Hi-Point Carbine. 72 q.
HK-91, HK-93, HK-94, SP-89, or HK-PSG-1. 73 r. Kel-Tec Sub-2000, SU series, RFB. 74 s. M1 Carbine. 75 t. SAR-8, SAR-4800, and SR9. 76 u. SIG 57 AMT and 500 series. 77 v. SIG Sauer MCX rifle. 78 w. SKS capable of accepting a detachable magazine. 79 x. SLG 95. 80 y. SLR 95 or 96. 81 z. Spectre Auto carbine. 82 aa. Springfield Armory BM59, SAR-48, and G-3. 83 bb. Sterling MK-6 and MK-7. 84 cc. Steyr AUG. 85 dd. Sturm Ruger Mini-14 with folding stock. 86 ee. TNW M230 and M2HB. 87
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 4 of 18 CODING: Words stricken are deletions; words underlined are additions. ff. Thompson types, including Thompson T5. 88 gg. UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper 89 Rifle (Galatz), or Vector Arms UZI. 90 hh. Weaver Arms Nighthawk. 91 2. All of the following handguns, or copies, duplicates, or 92 altered facsimiles thereof with the capability of any such 93 weapon: 94 a. AK-47 pistol and Mini AK-47 pistol. 95 b. AR-15 pistol. 96 c. Australian Automatic Arms SAP pistol. 97 d. Bushmaster Auto pistol. 98 e.
Calico Liberty series pistols. 99 f. Encom MK-IV, MP-9, and MP-45. 100 g. Feather AT-9 and Mini-AT. 101 h. Goncz High Tech Long pistol. 102 i. Holmes MP-83. 103 j. Iver Johnson Enforcer. 104 k. MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and 105 Velocity Arms VMA series. 106 l. Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10. 107 m. UZI pistol and Micro-UZI pistol. 108 n. Colefire Magnum. 109 o. Scarab Skorpion. 110 p. Spectre Auto pistol. 111 q. German Sport 522 PK. 112 r. Chiappa Firearms Mfour-22. 113 s. DSA SA58 PKP FAL. 114 t. I.O. Inc. PPS-43C. 115 u. Kel-Tec PLR-16 pistol. 116
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 5 of 18 CODING: Words stricken are deletions; words underlined are additions. v. SIG Sauer P556 pistol. 117 w. Thompson TA5 series pistols. 118 x. Wilkinson “Linda” pistol. 119 3. All of the following shotguns, or copies, duplicates, or 120 altered facsimiles thereof with the capability of any such 121 weapon: 122 a. Armscor 30 BG. 123 b. Franchi SPAS-12 and Law-12. 124 c. Remington TAC-2 or TACB3 FS. 125 d. SPAS 12 or LAW 12. 126 e. Striker 12. 127 f. Streetsweeper. 128 g. Saiga. 129 h. USAS-12. 130 i. Kel-Tec KSG. 131 4.
A part or combination of parts which converts a firearm 132 into an assault weapon, or any combination of parts from which 133 an assault weapon may be assembled if those parts are in the 134 possession or under the control of the same person. 135 5. Any semiautomatic firearm not listed in subparagraphs 136 1.-4. which meets any of the following criteria: 137 a. A semiautomatic rifle that has an ability to accept a 138 detachable magazine and has one or more of the following: 139 (
I) A folding or telescoping stock; 140 (II) A pistol grip, a thumbhole stock or Thordsen-type grip 141 or stock, or any other characteristic that can function as a 142 grip; 143 (III) A bayonet mount; 144 (IV) A flash suppressor or threaded barrel designed to 145
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 6 of 18 CODING: Words stricken are deletions; words underlined are additions. accommodate a flash suppressor; 146 (
V) A grenade launcher; or 147 (VI) A shroud attached to the barrel, or that partially or 148 completely encircles the barrel, allowing the shooter to hold 149 the firearm with the non-trigger hand without being burned, but 150 excluding a slide that encloses the barrel. 151 b. A semiautomatic pistol that has the ability to accept a 152 detachable magazine and has one or more of the following: 153 (
I) The capacity to accept a large-capacity magazine that 154 attaches to the pistol at any location outside of the pistol 155 grip; 156 (II) A threaded barrel capable of accepting a barrel 157 extender, flash suppressor, forward handgrip, or silencer; 158 (III) A slide that encloses the barrel and allows the 159 shooter to hold the firearm with the non-trigger hand without 160 being burned; 161 (IV) A manufactured weight of 50 ounces or more when the 162 pistol is unloaded; 163 (
V) A semiautomatic version of an automatic firearm; 164 (VI) Any feature capable of functioning as a protruding 165 grip that can be held by the non-trigger hand; or 166 (VII) A folding, telescoping, or thumbhole stock. 167 c. A semiautomatic shotgun that has one or more of the 168 following: 169 (
I) A folding or telescoping stock; 170 (II) A pistol grip, a thumbhole stock or Thordsen-type grip 171 or stock, or any other characteristic that can function as a 172 grip; 173 (III) A thumbhole stock; 174
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 7 of 18 CODING: Words stricken are deletions; words underlined are additions. (IV) A fixed magazine capacity in excess of 5 rounds; or 175 (
V) The ability to accept a detachable magazine. 176 d. Any semiautomatic pistol or any semiautomatic, 177 centerfire, or rimfire rifle with a fixed magazine that has the 178 capacity to accept more than 10 rounds of ammunition. 179 e.
A part or combination of parts designed or intended to 180 convert a firearm into an assault weapon, or any combination of 181 parts from which an assault weapon may be assembled if those 182 parts are in the possession or under the control of the same 183 person. 184 (b) “Detachable magazine” means an ammunition feeding 185 device that can be removed from a firearm without disassembly of 186 the firearm action. 187 (c) “Fixed magazine” means an ammunition feeding device 188 contained in, or permanently attached to, a firearm in such a 189 manner that the device cannot be removed without disassembly of 190 the firearm action. 191 (d) “Large-capacity magazine” means an ammunition feeding 192 device with the capacity to accept more than 10 rounds, or any 193 conversion kit, part, or combination of parts from which such a 194 device can be assembled if those parts are in the possession or 195 under the control of the same person, but does not include any 196 of the following: 197 1.
A feeding device that has been permanently altered so 198 that it cannot accommodate more than 10 rounds; 199 2. A .22 caliber tube ammunition feeding device; or 200 3. A tubular magazine that is contained in a lever-action 201 firearm. 202 (e) “Licensed gun dealer” means a person who has a federal 203
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 8 of 18 CODING: Words stricken are deletions; words underlined are additions. firearms license. 204
(2) SALE OR TRANSFER.— 205 (
a) A person who, within this state, distributes, 206 transports, or imports into this state; who sells, keeps for 207 sale, or offers or exposes for sale; or who gives an assault 208 weapon or a large-capacity magazine in violation of this 209 section, except as provided in paragraph (c), commits a felony 210 of the third degree, punishable as provided in s. 775.082, s. 211 775.083, or s. 775.084, with a mandatory minimum term of 212 imprisonment of 2 years. 213 (
b) A person who transfers, sells, or gives an assault 214 weapon or a large-capacity magazine to a person under 18 years 215 of age in violation of this
section commits a felony of the 216 second degree, punishable as provided in s. 775.082, s. 775.083, 217 or s. 775.084, with a mandatory minimum term of imprisonment of 218 6 years. 219 (
c) Paragraph (
a) does not apply to: 220 1. The sale of assault weapons or large-capacity magazines 221 to the Department of Law Enforcement, a law enforcement agency 222 as defined in s. 934.02, the Department of Corrections, or the 223 military or naval forces of this state or of the United States 224 for use in the discharge of their official duties. 225 2.
A person who is the executor or administrator of an 226 estate that includes an assault weapon or a large-capacity 227 magazine for which a certificate of possession has been issued 228 under subsection (4) and which is disposed of as authorized by 229 the probate court, if the disposition is otherwise permitted 230 under this section. 231 3. The transfer by bequest or intestate succession of an 232
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 9 of 18 CODING: Words stricken are deletions; words underlined are additions. assault weapon or a large-capacity magazine for which a 233 certificate of possession has been issued under subsection (4). 234
(3) POSSESSION.— 235 (
a) Except as provided in subsection (5), a person who, 236 within this state, possesses any assault weapon or large-237 capacity magazine, except as provided in this
section or as 238 otherwise authorized by law, commits a felony of the third 239 degree, punishable as provided in s. 775.082, s. 775.083, or s. 240 775.084, with a mandatory minimum term of imprisonment of 1 241 year. 242 (
b) Paragraph (
a) does not apply to the possession of 243 assault weapons or large-capacity magazines by members or 244 employees of the Department of Law Enforcement, a law 245 enforcement agency as defined in s. 934.02, the Department of 246 Corrections, or the military or naval forces of this state or of 247 the United States for use in the discharge of their official 248 duties; and this
section does not prohibit the possession or use 249 of assault weapons or large-capacity magazines by sworn members 250 of such agencies when on duty and when the use is within the 251 scope of their duties. 252 (
c) Paragraph (
a) does not apply to the possession of an 253 assault weapon or a large-capacity magazine by a person before 254 July 1, 2027, if all of the following are applicable: 255 1. The person is eligible to apply for a certificate of 256 possession under subsection (4) for the assault weapon or large-257 capacity magazine by July 1, 2027. 258 2. The person lawfully possessed the assault weapon or 259 large-capacity magazine before October 1, 2026. 260 3. The person is otherwise in compliance with this
section 261
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 10 of 18 CODING: Words stricken are deletions; words underlined are additions. and the applicable requirements of this
chapter for possession 262 of a firearm. 263 (
d) Paragraph (
a) does not apply to a person who is the 264 executor or administrator of an estate that includes an assault 265 weapon or a large-capacity magazine for which a certificate of 266 possession has been issued under subsection (4), if the assault 267 weapon or large-capacity magazine is possessed at a place set 268 forth in subparagraph (4)(d)1. or as authorized by the probate 269 court. 270
(4) CERTIFICATE OF POSSESSION.— 271 (
a) A person who lawfully possesses an assault weapon or a 272 large-capacity magazine before October 1, 2026, must apply by 273 October 1, 2027, or, if such person is a member of the military 274 or naval forces of this state or of the United States and is 275 unable to apply by October 1, 2027, because he or she is or was 276 on official duty outside of this state, must apply within 90 277 days after returning to this state, to the Department of Law 278 Enforcement for a certificate of possession with respect to such 279 assault weapon or large-capacity magazine.
The certificate must 280 contain a description of the assault weapon or large-capacity 281 magazine which identifies it uniquely, including all 282 identification marks; the full name, address, date of birth, and 283 thumbprint of the owner; and any other information as the 284 department may deem appropriate. The department shall adopt 285 rules no later than January 1, 2027, to establish procedures 286 with respect to the application for, and issuance of, 287 certificates of possession pursuant to this subsection.
The 288 thumbprint of the applicant must be taken by a law enforcement 289 agency or the Department of Law Enforcement together with any 290
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 11 of 18 CODING: Words stricken are deletions; words underlined are additions. personal identifying information required by federal law to 291 process fingerprints. Charges for thumbprint services under this 292 paragraph are not subject to the sales tax on fingerprint 293 services imposed in s. 212.05(1)(i). The Department of Law 294 Enforcement shall conduct a background investigation pursuant to 295 this subsection. 296 (
b) A certificate of possession issued under this 297 subsection must be in substantially the following form: 298 299 CERTIFICATE OF POSSESSION OF ASSAULT WEAPON 300 Certificate Number: 301 Owner’s Name: (last, first, middle) 302 Address (NO P.O. Boxes): (number, street, city or town, 303 state, zip code) 304 Date of Birth: 305 Social Security Number (optional, but will help prevent 306 misidentification): 307 Driver License Number and State: 308 Manufacturer: 309 Importer: 310 Serial Number: 311 Model: 312 Caliber: 313 Unique I.D./Markings: 314 Signature of Owner: 315 Applicant’s Right Thumbprint: 316 317 (
c) An assault weapon or a large-capacity magazine 318 possessed pursuant to this
section may not be sold or 319
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 12 of 18 CODING: Words stricken are deletions; words underlined are additions. transferred on or after January 1, 2027, to a person within this 320 state other than to a licensed gun dealer, as provided in 321 subsection (5), or by a bequest or intestate succession.
A 322 person who obtains title to an assault weapon or a large-323 capacity magazine for which a certificate of possession has been 324 issued under this subsection by bequest or intestate succession 325 must, within 90 days after obtaining title, apply to the 326 Department of Law Enforcement for a certificate of possession as 327 provided in this subsection, render the assault weapon or large-328 capacity magazine permanently inoperable, sell the weapon or 329 large-capacity magazine to a licensed gun dealer, or remove the 330 weapon or large-capacity magazine from this state.
A person who 331 moves into this state and is in lawful possession of an assault 332 weapon or a large-capacity magazine must, within 90 days, either 333 render the weapon or large-capacity magazine permanently 334 inoperable, sell the weapon or large-capacity magazine to a 335 licensed gun dealer, or remove the weapon or large-capacity 336 magazine from this state.
This paragraph does not apply to a 337 person who is a member of the military or naval forces of this 338 state or of the United States, who is in lawful possession of an 339 assault weapon or a large-capacity magazine, and who has been 340 transferred into this state after October 1, 2027. 341 (
d) A person issued a certificate of possession for an 342 assault weapon or a large-capacity magazine under this 343 subsection may possess it only under the following conditions: 344 1. At that person’s residence, place of business, or other 345 property owned by that person, or on property owned by another 346 person with the owner’s express permission; 347 2. While on the premises of a target range of a public or 348
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 13 of 18 CODING: Words stricken are deletions; words underlined are additions. private club or organization organized for the purpose of 349 practicing shooting at targets; 350 3. While on a target range that holds a regulatory or 351 business license for the purpose of practicing shooting at that 352 target range; 353 4. While on the premises of a licensed shooting club; 354 5.
While attending any exhibition, display, or educational 355 program that is about firearms and is sponsored by, conducted 356 under the auspices of, or approved by a law enforcement agency 357 or a nationally or state-recognized entity that fosters 358 proficiency in, or promotes education about, firearms; or 359 6.
While transporting the assault weapon or large-capacity 360 magazine between any of the places mentioned in this paragraph, 361 or to any licensed gun dealer for servicing or repair pursuant 362 to paragraph (7)(b), provided the assault weapon or large-363 capacity magazine is transported as required by subsection (7). 364 (
e) If an applicant for a certificate of possession under 365 this subsection fails to qualify for the certificate after the 366 background investigation required under this subsection, the 367 applicant must arrange to relinquish all assault weapons or 368 large-capacity magazines in his or her possession as provided in 369 subsection (6) within 10 days after he or she receives written 370 notice from the Department of Law Enforcement of failure to 371 qualify for the certificate. Such applicant who fails to make 372 such an arrangement within the time specified in this paragraph 373 is thereafter in violation of this section. 374
(5) CERTIFICATE OF TRANSFER.—If an owner of an assault 375 weapon or a large-capacity magazine sells or transfers the 376 weapon or magazine to a licensed gun dealer, the owner must, at 377
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 14 of 18 CODING: Words stricken are deletions; words underlined are additions. the time of delivery of the weapon, execute a certificate of 378 transfer and cause the certificate to be mailed or delivered to 379 the Department of Law Enforcement. The certificate must contain 380 all of the following: 381 (
a) The date of sale or transfer. 382 (
b) The names and addresses of the seller or transferor and 383 the licensed gun dealer and their social security numbers or 384 driver license numbers. 385 (
c) The licensed gun dealer’s federal firearms license 386 number. 387 (
d) A description of the weapon, including the caliber of 388 the weapon and its make, model, and serial number. 389 (
e) Any other information the Department of Law Enforcement 390 prescribes. 391 392 The licensed gun dealer shall present his or her driver license 393 or social security card and federal firearms license to the 394 seller or transferor for inspection at the time of purchase or 395 transfer. The Department of Law Enforcement shall maintain at 396 its headquarters a file of all certificates of transfer. 397
(6) RELINQUISHMENT.—An individual may arrange in advance to 398 relinquish an assault weapon or a large-capacity magazine to a 399 law enforcement agency as defined in s. 934.02 or to the 400 Department of Law Enforcement. The assault weapon or large-401 capacity magazine must be transported in accordance with 402 subsection (7). 403
(7) TRANSPORTATION.— 404 (
a) A licensed gun dealer who lawfully purchases for resale 405 outside this state an assault weapon or a large-capacity 406
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 15 of 18 CODING: Words stricken are deletions; words underlined are additions. magazine pursuant to subsection (2) may transport the assault 407 weapon or large-capacity magazine between dealers or outside 408 this state, but a person may not carry a loaded assault weapon 409 concealed from public view or knowingly have in any motor 410 vehicle owned, operated, or occupied by him or her a loaded 411 assault weapon or an unloaded assault weapon, unless such weapon 412 is kept in the trunk of such vehicle or in a case or other 413 container that is inaccessible to the operator of or any 414 passenger in such vehicle.
A person who violates this subsection 415 commits a misdemeanor of the second degree, punishable as 416 provided in s. 775.082 or s. 775.083. Any licensed gun dealer 417 may display the assault weapon or large-capacity magazine at any 418 gun show or sell it to a buyer outside this state. 419 (
b) Any licensed gun dealer may transfer possession of any 420 assault weapon or large-capacity magazine received pursuant to 421 paragraph (
a) to a gunsmith for purposes of accomplishing 422 service or repair of the same. Transfers are permissible only to 423 the following persons: 424 1. A gunsmith in the dealer’s employ; or 425 2. A gunsmith with whom the dealer has contracted for 426 gunsmithing services, provided that the gunsmith receiving the 427 assault weapon holds a dealer’s license issued pursuant to 428
chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss. 429 921 et seq., and the regulations issued pursuant thereto. 430
(8) CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION IS 431 NOT PROHIBITED.—This
section does not prohibit any person, firm, 432 or corporation engaged in the business of manufacturing assault 433 weapons or large-capacity magazines in this state from 434 manufacturing or transporting assault weapons or large-capacity 435
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 16 of 18 CODING: Words stricken are deletions; words underlined are additions. magazines in this state for sale within this state in accordance 436 with subparagraph (2)(c)1. or for sale outside this state. 437
(9) EXCEPTION.—This
section does not apply to any firearm 438 modified to render it permanently inoperable. 439
Section 2. Paragraph (
a) of subsection (3) of
section 440 775.087, Florida Statutes, is amended to read: 441 775.087 Possession or use of weapon; aggravated battery; 442 felony reclassification; minimum sentence.— 443 (3)(a)1. Any person who is convicted of a felony or an 444 attempt to commit a felony, regardless of whether the use of a 445 firearm is an element of the felony, and the conviction was for: 446 a. Murder; 447 b. Sexual battery; 448 c. Robbery; 449 d. Burglary; 450 e. Arson; 451 f. Aggravated battery; 452 g. Kidnapping; 453 h. Escape; 454 i.
Sale, manufacture, delivery, or intent to sell, 455 manufacture, or deliver any controlled substance; 456 j. Aircraft piracy; 457 k. Aggravated child abuse; 458 l. Aggravated abuse of an elderly person or disabled adult; 459 m. Unlawful throwing, placing, or discharging of a 460 destructive device or bomb; 461 n. Carjacking; 462 o. Home-invasion robbery; 463 p. Aggravated stalking; 464
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 17 of 18 CODING: Words stricken are deletions; words underlined are additions. q.
Trafficking in cannabis, trafficking in cocaine, capital 465 importation of cocaine, trafficking in illegal drugs, capital 466 importation of illegal drugs, trafficking in phencyclidine, 467 capital importation of phencyclidine, trafficking in 468 methaqualone, capital importation of methaqualone, trafficking 469 in amphetamine, capital importation of amphetamine, trafficking 470 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 471 (GHB), trafficking in 1,4-Butanediol, trafficking in 472 Phenethylamines, or other violation of s. 893.135(1); or 473 r.
Human trafficking, 474 475 and during the commission of the offense, such person possessed 476 a semiautomatic firearm and its high-capacity detachable box 477 magazine, an assault weapon or a large-capacity magazine as 478 those terms are defined in s. 790.301, or a machine gun as 479 defined in s. 790.001, shall be sentenced to a minimum term of 480 imprisonment of 15 years. 481 2.
Any person who is convicted of a felony or an attempt to 482 commit a felony listed in subparagraph 1., regardless of whether 483 the use of a weapon is an element of the felony, and during the 484 course of the commission of the felony such person discharged a 485 semiautomatic firearm and its high-capacity box magazine, an 486 assault weapon or a large-capacity magazine as those terms are 487 defined in s. 790.301, or a “machine gun” as defined in s. 488 790.001, shall be sentenced to a minimum term of imprisonment of 489 20 years. 490 3.
Any person who is convicted of a felony or an attempt to 491 commit a felony listed in subparagraph 1., regardless of whether 492 the use of a weapon is an element of the felony, and during the 493
Florida Senate - 2026 SB 346 17-00076-26 2026346__ Page 18 of 18 CODING: Words stricken are deletions; words underlined are additions. course of the commission of the felony such person discharged a 494 semiautomatic firearm and its high-capacity box magazine, an 495 assault weapon or a large-capacity magazine as those terms are 496 defined in s. 790.301, or a “machine gun” as defined in s. 497 790.001 and, as the result of the discharge, death or great 498 bodily harm was inflicted upon any person, the convicted person 499 shall be sentenced to a minimum term of imprisonment of not less 500 than 25 years and not more than a term of imprisonment of life 501 in prison. 502
Section 3. If any provision of this act or its application 503 to any person or circumstance is held invalid, the invalidity 504 does not affect other provisions or applications of the act 505 which can be given effect without the invalid provision or 506 application, and to this end the provisions of this act are 507 severable. 508