Senate Bill 1208 (2020) — Assault weapons and large-capacity magazines
SB 1208
Florida Bills
Florida Senate - 2020 SB 1208 By Senator Farmer 34-01324-20 20201208__ 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.; providing 3
definitions; prohibiting the sale or transfer of an 4 assault weapon or large-capacity ammunition magazine; 5 providing exceptions; providing criminal penalties; 6 prohibiting possession of an assault weapon or large-7 capacity magazine; providing exceptions; providing 8 criminal penalties; requiring certificates of 9 possession for assault weapons or large-capacity 10 ammunition magazines lawfully possessed before a 11 specified date; providing requirements for 12 certificates; specifying the form of certificates; 13 limiting transfers of assault weapons or large-14 capacity ammunition magazines represented by such 15 certificates; providing conditions for continued 16 possession of such weapons or large-capacity 17 ammunition magazines; providing requirements for an 18 applicant who fails to qualify for such a certificate; 19 requiring certificates of transfer for transfers of 20 assault weapons or large-capacity magazines; providing 21 requirements for certificates of transfer; requiring 22 the Department of Law Enforcement to maintain a file 23 of such certificates; providing for relinquishment of 24 assault weapons or large-capacity magazines; providing 25 requirements for transportation of assault weapons or 26 large-capacity magazines; providing criminal 27 penalties; specifying circumstances in which the 28 manufacture or transportation of assault weapons or 29
Florida Senate - 2020 SB 1208 34-01324-20 20201208__ Page 2 of 18 CODING: Words stricken are deletions; words underlined are additions. large-capacity magazines is not prohibited; exempting 30 permanently inoperable firearms from provisions; 31 amending s. 775.087, F.S.; providing enhanced criminal 32 penalties for certain offenses when committed with an 33 assault weapon or large-capacity magazine; providing 34 severability; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38
Section
Section 790.301, Florida Statutes, is created to 39 read: 40 790.301 Assault weapons.— 41
(1) DEFINITIONS.—As used in this section, the term: 42 (a)1. “Assault weapon” means any selective-fire firearm 43 capable of fully automatic, semiautomatic, or burst fire at the 44 option of the user or any of the following specified 45 semiautomatic firearms: 46 a. All AK series, including, but not limited to, the 47 following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90, 48 NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47, 49 and Vector Arms AK-47. 50 b.
All AR series, including, but not limited to, the 51 following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and 52 M15, Olympic Arms, AR70, DPMS Tactical Rifles, Smith & Wesson 53 M&P15 Rifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar 54 AR rifles. 55 c. Algimec AGM1. 56 d. Barrett 82A1 and REC7. 57 e. Beretta AR-70 and Beretta Storm. 58
Florida Senate - 2020 SB 1208 34-01324-20 20201208__ Page 3 of 18 CODING: Words stricken are deletions; words underlined are additions. f. Bushmaster Auto Rifle. 59 g. Calico Liberty series. 60 h. Chartered Industries of Singapore SR-88. 61 i. Colt Sporter. 62 j. Daewoo K-1, K-2, Max-1, and Max-2. 63 k. FAMAS MAS 223. 64 l. Federal XC-900 and SC-450. 65 m. Fabrique National FN/FAL, FN/LAR, or FNC. 66 n. FNH PS90, SCAR, and FS2000. 67 o. Goncz High Tech Carbine. 68 p. Hi-Point Carbine. 69 q. HK-91, HK-93, HK-94, SP-89, or HK-PSG-1. 70 r. Kel-Tec Sub-2000, SU series, RFB. 71 s. M1 Carbine. 72 t.
SAR-8, SAR-4800, SR9. 73 u. SIG 57 AMT and 500 Series. 74 v. SIG Sauer MCX Rifle. 75 w. SKS capable of accepting a detachable magazine. 76 x. SLG 95. 77 y. SLR 95 or 96. 78 z. Spectre Auto Carbine. 79 aa. Springfield Armory BM59, SAR-48, and G-3. 80 bb. Sterling MK-6 and MK-7. 81 cc. Steyr AUG. 82 dd. Sturm Ruger Mini-14 with folding stock. 83 ee. TNW M230, M2HB. 84 ff. Thompson types, including Thompson T5. 85 gg. UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper 86 Rifle (Galatz), or Vector Arms UZI. 87
Florida Senate - 2020 SB 1208 34-01324-20 20201208__ Page 4 of 18 CODING: Words stricken are deletions; words underlined are additions. hh. Weaver Arms Nighthawk. 88 2. All of the following handguns, copies, duplicates, or 89 altered facsimiles with the capability of any such weapon 90 thereof: 91 a. AK-47 pistol, Mini AK-47 pistol. 92 b. AR-15 pistol. 93 c. Australian Automatic Arms SAP pistol. 94 d. Bushmaster Auto Pistol. 95 e. Calico Liberty series pistols. 96 f. Encom MK-IV, MP-9, and MP-45. 97 g. Feather AT-9 and Mini-AT. 98 h. Goncz High Tech Long pistol. 99 i. Holmes MP-83. 100 j.
Iver Johnson Enforcer. 101 k. MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and 102 Velocity Arms VMA series. 103 l. Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10. 104 m. UZI pistol, Micro-UZI pistol. 105 n. Colefire Magnum. 106 o. Scarab Skorpion. 107 p. Spectre Auto pistol. 108 q. German Sport 522 PK. 109 r. Chiappa Firearms Mfour-22. 110 s. DSA SA58 PKP FAL. 111 t. I.O. Inc. PPS-43C. 112 u. Kel-Tec PLR-16 pistol. 113 v. SIG Sauer P556 pistol. 114 w. Thompson TA5 series pistols. 115 x. Wilkinson “Linda” pistol. 116
Florida Senate - 2020 SB 1208 34-01324-20 20201208__ Page 5 of 18 CODING: Words stricken are deletions; words underlined are additions. 3. All of the following shotguns, copies, duplicates, or 117 altered facsimiles with the capability of any such weapon 118 thereof: 119 a. Armscor 30 BG. 120 b. Franchi SPAS-12 and Law-12. 121 c. Remington TAC-2 or TACB3 FS. 122 d. SPAS 12 or LAW 12. 123 e. Striker 12. 124 f. Streetsweeper. 125 g. Saiga. 126 h. USAS-12. 127 i. Kel-Tec KSG. 128 4.
A part or combination of parts that convert a firearm 129 into an assault weapon or any combination of parts from which an 130 assault weapon may be assembled if those parts are in the 131 possession or under the control of the same person; or 132 5. Any semiautomatic firearm not listed in subparagraphs 133 1.-4. that meets the following criteria: 134 a. A semiautomatic rifle that has an ability to accept a 135 detachable magazine and has one or more of the following: 136 (
I) A folding or telescoping stock; 137 (II) A pistol grip, a thumbhole stock or Thordsen-type grip 138 or stock, or any other characteristic that can function as a 139 grip; 140 (III) A bayonet mount; 141 (IV) A flash suppressor or threaded barrel designed to 142 accommodate a flash suppressor; 143 (
V) A grenade launcher; or 144 (VI) A shroud attached to the barrel, or that partially or 145
Florida Senate - 2020 SB 1208 34-01324-20 20201208__ Page 6 of 18 CODING: Words stricken are deletions; words underlined are additions. completely encircles the barrel allowing the bearer to hold the 146 firearm with the non-trigger hand without being burned, but 147 excludes a slide that encloses the barrel; 148 b. A semiautomatic pistol that has an ability to accept a 149 detachable magazine and has one or more of the following: 150 (
I) The capacity to accept an ammunition magazine that 151 attaches to the pistol at any location outside of the pistol 152 grip; 153 (II) A threaded barrel capable of accepting a barrel 154 extender, flash suppressor, forward handgrip, or silencer; 155 (III) A slide that encloses the barrel and that permits the 156 shooter to hold the firearm with the non-trigger hand without 157 being burned; 158 (IV) A manufactured weight of 50 ounces or more when the 159 pistol is unloaded; 160 (
V) A semiautomatic version of an automatic firearm; 161 (VI) Any feature capable of functioning as a protruding 162 grip that can be held by the non-trigger hand; or 163 (VII) A folding, telescoping, or thumbhole stock; 164 c. A semiautomatic shotgun that has one or more of the 165 following: 166 (
I) A folding or telescoping stock; 167 (II) A pistol grip, a thumbhole stock or Thordsen-type grip 168 or stock, or any other characteristic that can function as a 169 grip; 170 (III) A thumbhole stock; 171 (IV) A fixed magazine capacity in excess of 5 rounds; or 172 (
V) An ability to accept a detachable magazine; or 173 d. Any semiautomatic pistol or any semiautomatic, 174
Florida Senate - 2020 SB 1208 34-01324-20 20201208__ Page 7 of 18 CODING: Words stricken are deletions; words underlined are additions. centerfire, or rimfire rifle with a fixed magazine that has the 175 capacity to accept more than 10 rounds of ammunition; or 176 e.
A part or combination of parts designed or intended to 177 convert a firearm into an assault weapon or any combination of 178 parts from which an assault weapon may be assembled if those 179 parts are in the possession or under the control of the same 180 person. 181 (b) “Detachable magazine” means an ammunition feeding 182 device that can be removed from a firearm without disassembly of 183 the firearm action. 184 (c) “Fixed magazine” means an ammunition feeding device 185 contained in, or permanently attached to, a firearm in such a 186 manner that the device cannot be removed without disassembly of 187 the firearm action. 188 (d) “Large-capacity magazine” means any ammunition feeding 189 device with the capacity to accept more than 10 rounds, or any 190 conversion kit, part, or combination of parts from which such a 191 device can be assembled if those parts are in the possession or 192 under the control of the same person, but does not include any 193 of the following: 194 1.
A feeding device that has been permanently altered so 195 that it cannot accommodate more than 10 rounds; 196 2. A .22 caliber tube ammunition feeding device; or 197 3. A tubular magazine that is contained in a lever-action 198 firearm. 199 (e) “Licensed gun dealer” means a person who has a federal 200 firearms license. 201
(2) SALE OR TRANSFER.— 202 (
a) Any person who, within this state, distributes, 203
Florida Senate - 2020 SB 1208 34-01324-20 20201208__ Page 8 of 18 CODING: Words stricken are deletions; words underlined are additions. transports, or imports into the state, sells, keeps for sale, or 204 offers or exposes for sale, or who gives any assault weapon or 205 large-capacity ammunition magazine, in violation of this 206 section, except as provided in paragraph (b), commits a felony 207 of the third degree, punishable as provided in s. 775.082, s. 208 775.083, or s. 775.084, with a mandatory minimum term of 209 imprisonment of 2 years. 210 (
b) Any person who transfers, sells, or gives any assault 211 weapon or large-capacity ammunition magazine to a person under 212 18 years of age in violation of this
section commits a felony of 213 the second degree, punishable as provided in s. 775.082, s. 214 775.083, or s. 775.084, with a mandatory minimum term of 215 imprisonment of 6 years. 216 (
c) Paragraph (
a) does not apply to: 217 1. The sale of assault weapons or large-capacity ammunition 218 magazines to the Department of Law Enforcement, a law 219 enforcement agency, as defined in s. 934.02, the Department of 220 Corrections, or the military or naval forces of this state or of 221 the United States for use in the discharge of their official 222 duties. 223 2. A person who is the executor or administrator of an 224 estate that includes an assault weapon or large-capacity 225 ammunition magazine for which a certificate of possession has 226 been issued under this
section which is disposed of as 227 authorized by the probate court, if the disposition is otherwise 228 permitted under this section. 229 3. The transfer by bequest or intestate succession of an 230 assault weapon or large-capacity ammunition magazine for which a 231 certificate of possession has been issued under subsection (4). 232
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(3) POSSESSION.— 233 (
a) Except as provided in subsection (5), any person who, 234 within this state, possesses any assault weapon or large-235 capacity ammunition magazine, except as provided in this
section 236 or as otherwise authorized by law, commits a felony of the third 237 degree, punishable as provided in s. 775.082, s. 775.083, or s. 238 775.084, with a mandatory minimum term of imprisonment of 1 239 year. 240 (
b) Paragraph (
a) does not apply to the possession of 241 assault weapons or large-capacity ammunition magazines by 242 members or employees of the Department of Law Enforcement, a law 243 enforcement agency, as defined in s. 934.02, the Department of 244 Corrections, or the military or naval forces of this state or of 245 the United States for use in the discharge of their official 246 duties; nor does this
section prohibit the possession or use of 247 assault weapons or large-capacity ammunition magazines by sworn 248 members of these agencies when on duty and the use is within the 249 scope of their duties. 250 (
c) Paragraph (
a) does not apply to the possession of an 251 assault weapon or large-capacity ammunition magazine by any 252 person prior to July 1, 2021, if all of the following are 253 applicable: 254 1. The person is eligible to apply for a certificate of 255 possession for the assault weapon or large-capacity ammunition 256 magazine by July 1, 2021; 257 2. The person lawfully possessed the assault weapon or 258 large-capacity ammunition magazine prior to October 1, 2020; and 259 3. The person is otherwise in compliance with this
section 260 and the applicable requirements of this
chapter for possession 261
Florida Senate - 2020 SB 1208 34-01324-20 20201208__ Page 10 of 18 CODING: Words stricken are deletions; words underlined are additions. of a firearm. 262 (
d) Paragraph (
a) does not apply to a person who is the 263 executor or administrator of an estate that includes an assault 264 weapon or large-capacity ammunition magazine for which a 265 certificate of possession has been issued under subsection (4), 266 if the assault weapon is possessed at a place set forth in 267 subparagraph (4)(d)1. or as authorized by the probate court. 268
(4) CERTIFICATE OF POSSESSION.— 269 (
a) Any person who lawfully possesses an assault weapon or 270 large-capacity ammunition magazine prior to October 1, 2020, 271 shall apply by October 1, 2021, or, if such person is a member 272 of the military or naval forces of this state or of the United 273 States and is unable to apply by October 1, 2021, because he or 274 she is or was on official duty outside of this state, shall 275 apply within 90 days of returning to the state to the Department 276 of Law Enforcement, for a certificate of possession with respect 277 to such assault weapon or large-capacity ammunition magazine. 278 The certificate shall contain a description of the assault 279 weapon or large-capacity ammunition magazine that identifies it 280 uniquely, including all identification marks; the full name, 281 address, date of birth, and thumbprint of the owner; and any 282 other information as the department may deem appropriate.
The 283 department shall adopt regulations no later than January 1, 284 2021, to establish procedures with respect to the application 285 for, and issuance of, certificates of possession pursuant to 286 this section. The thumbprint of the applicant shall be taken by 287 a law enforcement agency or the Department of Law Enforcement 288 together with any personal identifying information required by 289 federal law to process fingerprints. Charges for thumbprint 290
Florida Senate - 2020 SB 1208 34-01324-20 20201208__ Page 11 of 18 CODING: Words stricken are deletions; words underlined are additions. services under this paragraph are not subject to the sales tax 291 on fingerprint services imposed in s. 212.05(1)(i). The 292 Department of Law Enforcement shall conduct a background 293 investigation pursuant to this subsection. 294 (
b) A certificate of possession issued under this 295 subsection must be in substantially the following form: 296 CERTIFICATE OF POSSESSION OF ASSAULT WEAPON 297 Certificate Number: 298 Owner’s name: (Last, First, Middle) 299 Address: (Number, Street, City or Town, State, Zip Code) NO 300 P.O. Boxes 301 Date of Birth: 302 Social Security Number (Optional, but will help prevent 303 misidentification): 304 Driver License Number and State: 305 Manufacturer: Importer: Serial Number: Model: Caliber: Unique 306 I.D./Markings: 307 Signature of Owner 308 Applicant’s Right Thumbprint 309 (
c) An assault weapon or large-capacity ammunition magazine 310 possessed pursuant to this
section may not be sold or 311 transferred on or after January 1, 2021, to any person within 312 this state other than to a licensed gun dealer, as provided in 313 subsection (5), or by a bequest or intestate succession. A 314 person who obtains title to an assault weapon or large-capacity 315 ammunition magazine for which a certificate of possession has 316 been issued under this
section by bequest or intestate 317 succession shall, within 90 days of obtaining title, apply to 318 the Department of Law Enforcement for a certificate of 319
Florida Senate - 2020 SB 1208 34-01324-20 20201208__ Page 12 of 18 CODING: Words stricken are deletions; words underlined are additions. possession as provided in paragraph (a), render the weapon or 320 large-capacity ammunition magazine permanently inoperable, sell 321 the weapon or large-capacity ammunition magazine to a licensed 322 gun dealer, or remove the weapon or large-capacity ammunition 323 magazine from the state.
Any person who moves into the state in 324 lawful possession of an assault weapon or large-capacity 325 ammunition magazine shall, within 90 days, either render the 326 weapon or large-capacity ammunition magazine permanently 327 inoperable, sell the weapon or large-capacity ammunition 328 magazine to a licensed gun dealer, or remove the weapon or 329 large-capacity ammunition magazine from this state, except any 330 person who is a member of the military or naval forces of this 331 state or of the United States, is in lawful possession of an 332 assault weapon or large-capacity ammunition magazine, and has 333 been transferred into the state after October 1, 2021. 334 (
d) A person who has been issued a certificate of 335 possession for an assault weapon or large-capacity ammunition 336 magazine under this
section may possess it only under the 337 following conditions: 338 1. At that person’s residence, place of business, or other 339 property owned by that person, or on property owned by another 340 person with the owner’s express permission; 341 2. While on the premises of a target range of a public or 342 private club or organization organized for the purpose of 343 practicing shooting at targets; 344 3. While on a target range that holds a regulatory or 345 business license for the purpose of practicing shooting at that 346 target range; 347 4. While on the premises of a licensed shooting club; 348
Florida Senate - 2020 SB 1208 34-01324-20 20201208__ Page 13 of 18 CODING: Words stricken are deletions; words underlined are additions. 5. While attending any exhibition, display, or educational 349 project which is about firearms and which is sponsored by, 350 conducted under the auspices of, or approved by a law 351 enforcement agency or a nationally or state-recognized entity 352 that fosters proficiency in, or promotes education about, 353 firearms; or 354 6.
While transporting the assault weapon or large-capacity 355 ammunition magazine between any of the places mentioned in this 356 subsection, or to any licensed gun dealer for servicing or 357 repair pursuant to paragraph (7)(b), provided the assault weapon 358 or large-capacity ammunition magazine is transported as required 359 by subsection (7). 360 (
e) If an applicant for a certificate of possession under 361 this subsection fails to qualify for such a certificate after 362 the investigation required under this subsection, the applicant 363 shall arrange to relinquish all assault weapons or large-364 capacity ammunition magazines in his or her possession as 365 provided in subsection (7) within 10 days of issuance of the 366 notice of such failure. Such an applicant who fails to make such 367 an arrangement within the time specified in this paragraph is 368 thereafter in violation of this section. 369
(5) CERTIFICATE OF TRANSFER.—If an owner of an assault 370 weapon or large-capacity ammunition magazine sells or transfers 371 the weapon or magazine to a licensed gun dealer, he or she 372 shall, at the time of delivery of the weapon, execute a 373 certificate of transfer and cause the certificate to be mailed 374 or delivered to the Department of Law Enforcement. The 375 certificate shall contain: 376 (
a) The date of sale or transfer. 377
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b) The name and address of the seller or transferor and 378 the licensed gun dealer and their social security numbers or 379 driver license numbers. 380 (
c) The licensed gun dealer’s federal firearms license 381 number. 382 (
d) A description of the weapon, including the caliber of 383 the weapon and its make, model, and serial number. 384 (
e) Any other information the Department of Law Enforcement 385 prescribes. 386 387 The licensed gun dealer shall present his or her driver license 388 or social security card and federal firearms license to the 389 seller or transferor for inspection at the time of purchase or 390 transfer. The Department of Law Enforcement shall maintain a 391 file of all certificates of transfer at its headquarters. 392
(6) RELINQUISHMENT.—An individual may arrange in advance to 393 relinquish an assault weapon or large-capacity ammunition 394 magazine to a law enforcement agency, as defined in s. 934.02, 395 or the Department of Law Enforcement. The assault weapon or 396 large-capacity ammunition magazine shall be transported in 397 accordance with subsection (7). 398
(7) TRANSPORTATION.— 399 (
a) A licensed gun dealer who lawfully purchases for resale 400 out of state an assault weapon or large-capacity magazine 401 pursuant to subsection (2) may transport the assault weapon or 402 large-capacity magazine between dealers or out of the state, but 403 no person shall carry a loaded assault weapon concealed from 404 public view or knowingly have in any motor vehicle owned, 405 operated, or occupied by him a loaded assault weapon, or an 406
Florida Senate - 2020 SB 1208 34-01324-20 20201208__ Page 15 of 18 CODING: Words stricken are deletions; words underlined are additions. unloaded assault weapon, unless such weapon is kept in the trunk 407 of such vehicle or in a case or other container which is 408 inaccessible to the operator of or any passenger in such 409 vehicle. Any person who violates this subsection commits a 410 misdemeanor of the second degree, punishable as provided in s. 411 775.082 or s. 775.083. Any licensed gun dealer may display the 412 assault weapon or large-capacity magazine at any gun show or 413 sell it to a resident outside the state. 414 (
b) Any licensed gun dealer may transfer possession of any 415 assault weapon or large-capacity ammunition magazine received 416 pursuant to paragraph (
a) to a gunsmith for purposes of 417 accomplishing service or repair of the same. Transfers are 418 permissible only to the following persons: 419 1. A gunsmith who is in the dealer’s employ; or 420 2. A gunsmith with whom the dealer has contracted for 421 gunsmithing services, provided the gunsmith receiving the 422 assault weapon holds a dealer’s license issued pursuant to 423
chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss. 424 921 et seq., and the regulations issued pursuant thereto. 425
(8) CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION 426 NOT PROHIBITED.—This
section does not prohibit any person, firm, 427 or corporation engaged in the business of manufacturing assault 428 weapons or large-capacity ammunition magazines in this state 429 from manufacturing or transporting assault weapons or large-430 capacity ammunition magazines in this state for sale within this 431 state in accordance with subparagraph (2)(c)1. or for sale 432 outside this state. 433
(9) EXCEPTION.—This
section does not apply to any firearm 434 modified to render it permanently inoperable. 435
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Section 2. Paragraph (
a) of subsection (3) of
section 436 775.087, Florida Statutes, is amended to read: 437 775.087 Possession or use of weapon; aggravated battery; 438 felony reclassification; minimum sentence.— 439 (3)(a)1. Any person who is convicted of a felony or an 440 attempt to commit a felony, regardless of whether the use of a 441 firearm is an element of the felony, and the conviction was for: 442 a. Murder; 443 b. Sexual battery; 444 c. Robbery; 445 d. Burglary; 446 e. Arson; 447 f. Aggravated battery; 448 g. Kidnapping; 449 h. Escape; 450 i.
Sale, manufacture, delivery, or intent to sell, 451 manufacture, or deliver any controlled substance; 452 j. Aircraft piracy; 453 k. Aggravated child abuse; 454 l. Aggravated abuse of an elderly person or disabled adult; 455 m. Unlawful throwing, placing, or discharging of a 456 destructive device or bomb; 457 n. Carjacking; 458 o. Home-invasion robbery; 459 p. Aggravated stalking; or 460 q.
Trafficking in cannabis, trafficking in cocaine, capital 461 importation of cocaine, trafficking in illegal drugs, capital 462 importation of illegal drugs, trafficking in phencyclidine, 463 capital importation of phencyclidine, trafficking in 464
Florida Senate - 2020 SB 1208 34-01324-20 20201208__ Page 17 of 18 CODING: Words stricken are deletions; words underlined are additions. methaqualone, capital importation of methaqualone, trafficking 465 in amphetamine, capital importation of amphetamine, trafficking 466 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 467 (GHB), trafficking in 1,4-Butanediol, trafficking in 468 Phenethylamines, or other violation of s. 893.135(1); 469 470 and during the commission of the offense, such person possessed 471 a semiautomatic firearm and its high-capacity detachable box 472 magazine, an assault weapon or a large-capacity magazine as 473 those terms are defined in s. 790.301, or a machine gun as 474 defined in s. 790.001, shall be sentenced to a minimum term of 475 imprisonment of 15 years. 476 2.
Any person who is convicted of a felony or an attempt to 477 commit a felony listed in subparagraph (a)1., regardless of 478 whether the use of a weapon is an element of the felony, and 479 during the course of the commission of the felony such person 480 discharged a semiautomatic firearm and its high-capacity box 481 magazine, an assault weapon or a large-capacity magazine as 482 those terms are defined in s. 790.301, or a “machine gun” as 483 defined in s. 790.001 shall be sentenced to a minimum term of 484 imprisonment of 20 years. 485 3.
Any person who is convicted of a felony or an attempt to 486 commit a felony listed in subparagraph (a)1., regardless of 487 whether the use of a weapon is an element of the felony, and 488 during the course of the commission of the felony such person 489 discharged a semiautomatic firearm and its high-capacity box 490 magazine, an assault weapon or a large-capacity magazine as 491 those terms are defined in s. 790.301, or a “machine gun” as 492 defined in s. 790.001 and, as the result of the discharge, death 493
Florida Senate - 2020 SB 1208 34-01324-20 20201208__ Page 18 of 18 CODING: Words stricken are deletions; words underlined are additions. or great bodily harm was inflicted upon any person, the 494 convicted person shall be sentenced to a minimum term of 495 imprisonment of not less than 25 years and not more than a term 496 of imprisonment of life in prison. 497
Section 3. If any provision of this act or its application 498 to any person or circumstance is held invalid, the invalidity 499 does not affect other provisions or applications of the act 500 which can be given effect without the invalid provision or 501 application, and to this end the provisions of this act are 502 severable. 503