Senate Bill 214 (2022) — Assault weapons and large-capacity magazines
SB 214
Florida Bills
Florida Senate - 2022 SB 214 By Senator Farmer 34-00132-22 2022214__ 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; providing requirements for 11 the certificates; requiring the Department of Law 12 Enforcement to adopt rules by a specified date; 13 specifying the form of the certificates; limiting 14 sales or transfers of assault weapons or large-15 capacity magazines documented by such certificates; 16 providing conditions for continued possession of such 17 weapons or large-capacity magazines; providing 18 requirements for an applicant who fails to qualify for 19 such a certificate; requiring certificates of transfer 20 for transfers of certain assault weapons or large-21 capacity magazines; providing requirements for 22 certificates of transfer; requiring the department to 23 maintain a file of such certificates; providing for 24 relinquishment of assault weapons or large-capacity 25 magazines; providing requirements for transportation 26 of assault weapons or large-capacity magazines under 27 certain circumstances; providing criminal penalties; 28 specifying circumstances in which the manufacture or 29
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 2 of 18 CODING: Words stricken are deletions; words underlined are additions. transportation of assault weapons or large-capacity 30 magazines is not prohibited; exempting permanently 31 inoperable firearms from certain provisions; amending 32 s. 775.087, F.S.; providing enhanced criminal 33 penalties for certain offenses when committed with an 34 assault weapon or a large-capacity magazine; providing 35 for severability; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39
Section
Section 790.301, Florida Statutes, is created to 40 read: 41 790.301 Assault weapons.— 42
(1) DEFINITIONS.—As used in this section, the term: 43 (a)1. “Assault weapon” means any selective-fire firearm 44 capable of fully automatic, semiautomatic, or burst fire at the 45 option of the user or any of the following specified 46 semiautomatic firearms: 47 a. All AK series, including, but not limited to, the 48 following: AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, MISR, NHM90, 49 NHM91, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47, 50 and Vector Arms AK-47. 51 b.
All AR series, including, but not limited to, the 52 following: AR-10, AR-15, Bushmaster XM15, Armalite AR-180 and 53 M15, Olympic Arms, AR70, DPMS Tactical Rifles, Smith & Wesson 54 M&P15 Rifles, Colt AR-15, Rock River Arms LAR-15, and DoubleStar 55 AR rifles. 56 c. Algimec AGM1. 57 d. Barrett 82A1 and REC7. 58
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 3 of 18 CODING: Words stricken are deletions; words underlined are additions. e. Beretta AR-70 and Beretta Storm. 59 f. Bushmaster Auto Rifle. 60 g. Calico Liberty series. 61 h. Chartered Industries of Singapore SR-88. 62 i. Colt Sporter. 63 j. Daewoo K-1, K-2, Max-1, and Max-2. 64 k. FAMAS MAS 223. 65 l. Federal XC-900 and SC-450. 66 m. Fabrique National FN/FAL, FN/LAR, or FNC. 67 n. FNH PS90, SCAR, and FS2000. 68 o. Goncz High Tech Carbine. 69 p. Hi-Point Carbine. 70 q. HK-91, HK-93, HK-94, SP-89, or HK-PSG-1. 71 r. Kel-Tec Sub-2000, SU series, RFB. 72 s.
M1 Carbine. 73 t. SAR-8, SAR-4800, SR9. 74 u. SIG 57 AMT and 500 Series. 75 v. SIG Sauer MCX Rifle. 76 w. SKS capable of accepting a detachable magazine. 77 x. SLG 95. 78 y. SLR 95 or 96. 79 z. Spectre Auto Carbine. 80 aa. Springfield Armory BM59, SAR-48, and G-3. 81 bb. Sterling MK-6 and MK-7. 82 cc. Steyr AUG. 83 dd. Sturm Ruger Mini-14 with folding stock. 84 ee. TNW M230 and M2HB. 85 ff. Thompson types, including Thompson T5. 86 gg. UZI, Galil and UZI Sporter, Galil Sporter, Galil Sniper 87
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 4 of 18 CODING: Words stricken are deletions; words underlined are additions. Rifle (Galatz), or Vector Arms UZI. 88 hh. Weaver Arms Nighthawk. 89 2. All of the following handguns, or copies, duplicates, or 90 altered facsimiles with the capability of any such weapon: 91 a. AK-47 pistol and 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 - 2022 SB 214 34-00132-22 2022214__ Page 5 of 18 CODING: Words stricken are deletions; words underlined are additions. 3. All of the following shotguns, or copies, duplicates, or 117 altered facsimiles with the capability of any such weapon: 118 a. Armscor 30 BG. 119 b. Franchi SPAS-12 and Law-12. 120 c. Remington TAC-2 or TACB3 FS. 121 d. SPAS 12 or LAW 12. 122 e. Striker 12. 123 f. Streetsweeper. 124 g. Saiga. 125 h. USAS-12. 126 i. Kel-Tec KSG. 127 4.
A part or combination of parts which converts a firearm 128 into an assault weapon, or any combination of parts from which 129 an assault weapon may be assembled if those parts are in the 130 possession or under the control of the same person. 131 5. Any semiautomatic firearm not listed in subparagraphs 132 1.-4. which meets any of the following criteria: 133 a. A semiautomatic rifle that has an ability to accept a 134 detachable magazine and has one or more of the following: 135 (
I) A folding or telescoping stock; 136 (II) A pistol grip, a thumbhole stock or Thordsen-type grip 137 or stock, or any other characteristic that can function as a 138 grip; 139 (III) A bayonet mount; 140 (IV) A flash suppressor or threaded barrel designed to 141 accommodate a flash suppressor; 142 (
V) A grenade launcher; or 143 (VI) A shroud attached to the barrel, or that partially or 144 completely encircles the barrel, allowing the bearer to hold the 145
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 6 of 18 CODING: Words stricken are deletions; words underlined are additions. firearm with the non-trigger hand without being burned, but 146 excludes a slide that encloses the barrel. 147 b. A semiautomatic pistol that has an ability to accept a 148 detachable magazine and has one or more of the following: 149 (
I) The capacity to accept a large-capacity magazine that 150 attaches to the pistol at any location outside of the pistol 151 grip; 152 (II) A threaded barrel capable of accepting a barrel 153 extender, flash suppressor, forward handgrip, or silencer; 154 (III) A slide that encloses the barrel and that permits the 155 shooter to hold the firearm with the non-trigger hand without 156 being burned; 157 (IV) A manufactured weight of 50 ounces or more when the 158 pistol is unloaded; 159 (
V) A semiautomatic version of an automatic firearm; 160 (VI) Any feature capable of functioning as a protruding 161 grip that can be held by the non-trigger hand; or 162 (VII) A folding, telescoping, or thumbhole stock. 163 c. A semiautomatic shotgun that has one or more of the 164 following: 165 (
I) A folding or telescoping stock; 166 (II) A pistol grip, a thumbhole stock or Thordsen-type grip 167 or stock, or any other characteristic that can function as a 168 grip; 169 (III) A thumbhole stock; 170 (IV) A fixed magazine capacity in excess of 5 rounds; or 171 (
V) An ability to accept a detachable magazine. 172 d. Any semiautomatic pistol or any semiautomatic, 173 centerfire, or rimfire rifle with a fixed magazine that has the 174
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 7 of 18 CODING: Words stricken are deletions; words underlined are additions. capacity to accept more than 10 rounds of ammunition. 175 e.
A part or combination of parts designed or intended to 176 convert a firearm into an assault weapon, or any combination of 177 parts from which an assault weapon may be assembled if those 178 parts are in the possession or under the control of the same 179 person. 180 (b) “Detachable magazine” means an ammunition feeding 181 device that can be removed from a firearm without disassembly of 182 the firearm action. 183 (c) “Fixed magazine” means an ammunition feeding device 184 contained in, or permanently attached to, a firearm in such a 185 manner that the device cannot be removed without disassembly of 186 the firearm action. 187 (d) “Large-capacity magazine” means an ammunition feeding 188 device with the capacity to accept more than 10 rounds, or any 189 conversion kit, part, or combination of parts from which such a 190 device can be assembled if those parts are in the possession or 191 under the control of the same person, but does not include any 192 of the following: 193 1.
A feeding device that has been permanently altered so 194 that it cannot accommodate more than 10 rounds; 195 2. A .22 caliber tube ammunition feeding device; or 196 3. A tubular magazine that is contained in a lever-action 197 firearm. 198 (e) “Licensed gun dealer” means a person who has a federal 199 firearms license. 200
(2) SALE OR TRANSFER.— 201 (
a) A person who, within this state, distributes, 202 transports, or imports into this state, sells, keeps for sale, 203
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 8 of 18 CODING: Words stricken are deletions; words underlined are additions. or offers or exposes for sale, or who gives an assault weapon or 204 a large-capacity magazine in violation of this section, except 205 as provided in paragraph (c), commits a felony of the third 206 degree, punishable as provided in s. 775.082, s. 775.083, or s. 207 775.084, with a mandatory minimum term of imprisonment of 2 208 years. 209 (
b) A person who transfers, sells, or gives an assault 210 weapon or a large-capacity magazine to a person under 18 years 211 of age in violation of this
section commits a felony of the 212 second degree, punishable as provided in s. 775.082, s. 775.083, 213 or s. 775.084, with a mandatory minimum term of imprisonment of 214 6 years. 215 (
c) Paragraph (
a) does not apply to: 216 1. The sale of assault weapons or large-capacity magazines 217 to the Department of Law Enforcement, a law enforcement agency 218 as defined in s. 934.02, the Department of Corrections, or the 219 military or naval forces of this state or of the United States 220 for use in the discharge of their official duties. 221 2.
A person who is the executor or administrator of an 222 estate that includes an assault weapon or a large-capacity 223 magazine for which a certificate of possession has been issued 224 under subsection (4) and which is disposed of as authorized by 225 the probate court, if the disposition is otherwise permitted 226 under this section. 227 3. The transfer by bequest or intestate succession of an 228 assault weapon or a large-capacity magazine for which a 229 certificate of possession has been issued under subsection (4). 230
(3) POSSESSION.— 231 (
a) Except as provided in subsection (5), a person who, 232
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 9 of 18 CODING: Words stricken are deletions; words underlined are additions. within this state, possesses any assault weapon or large-233 capacity magazine, except as provided in this
section or as 234 otherwise authorized by law, commits a felony of the third 235 degree, punishable as provided in s. 775.082, s. 775.083, or s. 236 775.084, with a mandatory minimum term of imprisonment of 1 237 year. 238 (
b) Paragraph (
a) does not apply to the possession of 239 assault weapons or large-capacity magazines by members or 240 employees of the Department of Law Enforcement, a law 241 enforcement agency as defined in s. 934.02, the Department of 242 Corrections, or the military or naval forces of this state or of 243 the United States for use in the discharge of their official 244 duties; nor does this
section prohibit the possession or use of 245 assault weapons or large-capacity magazines by sworn members of 246 these agencies when on duty and the use is within the scope of 247 their duties. 248 (
c) Paragraph (
a) does not apply to the possession of an 249 assault weapon or a large-capacity magazine by a person before 250 July 1, 2023, if all of the following are applicable: 251 1. The person is eligible to apply for a certificate of 252 possession under subsection (4) for the assault weapon or large-253 capacity magazine by July 1, 2023; 254 2. The person lawfully possessed the assault weapon or 255 large-capacity magazine before October 1, 2022; and 256 3. The person is otherwise in compliance with this
section 257 and the applicable requirements of this
chapter for possession 258 of a firearm. 259 (
d) Paragraph (
a) does not apply to a person who is the 260 executor or administrator of an estate that includes an assault 261
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 10 of 18 CODING: Words stricken are deletions; words underlined are additions. weapon or a large-capacity magazine for which a certificate of 262 possession has been issued under subsection (4), if the assault 263 weapon is possessed at a place set forth in subparagraph 264 (4)(d)1. or as authorized by the probate court. 265
(4) CERTIFICATE OF POSSESSION.— 266 (
a) A person who lawfully possesses an assault weapon or a 267 large-capacity magazine before October 1, 2022, shall apply by 268 October 1, 2023, or, if such person is a member of the military 269 or naval forces of this state or of the United States and is 270 unable to apply by October 1, 2023, because he or she is or was 271 on official duty outside of this state, shall apply within 90 272 days after returning to this state, to the Department of Law 273 Enforcement for a certificate of possession with respect to such 274 assault weapon or large-capacity magazine.
The certificate must 275 contain a description of the assault weapon or large-capacity 276 magazine which identifies it uniquely, including all 277 identification marks; the full name, address, date of birth, and 278 thumbprint of the owner; and any other information as the 279 department may deem appropriate. The department shall adopt 280 rules no later than January 1, 2023, to establish procedures 281 with respect to the application for, and issuance of, 282 certificates of possession pursuant to this subsection.
The 283 thumbprint of the applicant shall be taken by a law enforcement 284 agency or the Department of Law Enforcement together with any 285 personal identifying information required by federal law to 286 process fingerprints. Charges for thumbprint services under this 287 paragraph are not subject to the sales tax on fingerprint 288 services imposed in s. 212.05(1)(i). The Department of Law 289 Enforcement shall conduct a background investigation pursuant to 290
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 11 of 18 CODING: Words stricken are deletions; words underlined are additions. this subsection. 291 (
b) A certificate of possession issued under this 292 subsection must be in substantially the following form: 293 CERTIFICATE OF POSSESSION OF ASSAULT WEAPON 294 Certificate Number: 295 Owner’s Name: (Last, First, Middle) 296 Address: (Number, Street, City or Town, State, Zip Code) NO 297 P.O. Boxes 298 Date of Birth: 299 Social Security Number (Optional, but will help prevent 300 misidentification): 301 Driver License Number and State: 302 Manufacturer: 303 Importer: 304 Serial Number: 305 Model: 306 Caliber: 307 Unique I.D./Markings: 308 Signature of Owner 309 Applicant’s Right Thumbprint 310 (
c) An assault weapon or a large-capacity magazine 311 possessed pursuant to this
section may not be sold or 312 transferred on or after January 1, 2023, to a person within this 313 state other than to a licensed gun dealer, as provided in 314 subsection (5), or by a bequest or intestate succession. A 315 person who obtains title to an assault weapon or a large-316 capacity magazine for which a certificate of possession has been 317 issued under this subsection by bequest or intestate succession 318 shall, within 90 days after obtaining title, apply to the 319
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 12 of 18 CODING: Words stricken are deletions; words underlined are additions. Department of Law Enforcement for a certificate of possession as 320 provided in paragraph (a), render the assault weapon or large-321 capacity magazine permanently inoperable, sell the weapon or 322 large-capacity magazine to a licensed gun dealer, or remove the 323 weapon or large-capacity magazine from this state.
A person who 324 moves into this state in lawful possession of an assault weapon 325 or a large-capacity magazine shall, within 90 days, either 326 render the weapon or large-capacity magazine permanently 327 inoperable, sell the weapon or large-capacity magazine to a 328 licensed gun dealer, or remove the weapon or large-capacity 329 magazine from this state.
This paragraph does not apply to a 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 a large-capacity magazine, and has been 333 transferred into this state after October 1, 2023. 334 (
d) A person who has been issued a certificate of 335 possession for an assault weapon or a large-capacity magazine 336 under this
section may possess it only under the following 337 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 - 2022 SB 214 34-00132-22 2022214__ Page 13 of 18 CODING: Words stricken are deletions; words underlined are additions. 5. While attending any exhibition, display, or educational 349 project that is about firearms and is sponsored by, conducted 350 under the auspices of, or approved by a law enforcement agency 351 or a nationally or state-recognized entity that fosters 352 proficiency in, or promotes education about, firearms; or 353 6.
While transporting the assault weapon or large-capacity 354 magazine between any of the places mentioned in this subsection, 355 or to any licensed gun dealer for servicing or repair pursuant 356 to paragraph (7)(b), provided the assault weapon or large-357 capacity magazine is transported as required by subsection (7). 358 (
e) If an applicant for a certificate of possession under 359 this subsection fails to qualify for the certificate after the 360 investigation required under this subsection, the applicant 361 shall arrange to relinquish all assault weapons or large-362 capacity magazines in his or her possession as provided in 363 subsection (7) within 10 days after issuance of the notice of 364 such failure. Such an applicant who fails to make such an 365 arrangement within the time specified in this paragraph is 366 thereafter in violation of this section. 367
(5) CERTIFICATE OF TRANSFER.—If an owner of an assault 368 weapon or a large-capacity magazine sells or transfers the 369 weapon or magazine to a licensed gun dealer, he or she shall, at 370 the time of delivery of the weapon, execute a certificate of 371 transfer and cause the certificate to be mailed or delivered to 372 the Department of Law Enforcement. The certificate must contain 373 all of the following: 374 (
a) The date of sale or transfer. 375 (
b) The names and addresses of the seller or transferor and 376 the licensed gun dealer and their social security numbers or 377
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 14 of 18 CODING: Words stricken are deletions; words underlined are additions. driver license numbers. 378 (
c) The licensed gun dealer’s federal firearms license 379 number. 380 (
d) A description of the weapon, including the caliber of 381 the weapon and its make, model, and serial number. 382 (
e) Any other information the Department of Law Enforcement 383 prescribes. 384 385 The licensed gun dealer shall present his or her driver license 386 or social security card and federal firearms license to the 387 seller or transferor for inspection at the time of purchase or 388 transfer. The Department of Law Enforcement shall maintain a 389 file of all certificates of transfer at its headquarters. 390
(6) RELINQUISHMENT.—An individual may arrange in advance to 391 relinquish an assault weapon or a large-capacity magazine to a 392 law enforcement agency as defined in s. 934.02 or to the 393 Department of Law Enforcement. The assault weapon or large-394 capacity magazine must be transported in accordance with 395 subsection (7). 396
(7) TRANSPORTATION.— 397 (
a) A licensed gun dealer who lawfully purchases for resale 398 out of state an assault weapon or a large-capacity magazine 399 pursuant to subsection (2) may transport the assault weapon or 400 large-capacity magazine between dealers or out of this state, 401 but a person may not carry a loaded assault weapon concealed 402 from public view or knowingly have in any motor vehicle owned, 403 operated, or occupied by him or her a loaded assault weapon or 404 an unloaded assault weapon, unless such weapon is kept in the 405 trunk of such vehicle or in a case or other container that is 406
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 15 of 18 CODING: Words stricken are deletions; words underlined are additions. inaccessible to the operator of or any passenger in such 407 vehicle. A person who violates this subsection commits a 408 misdemeanor of the second degree, punishable as provided in s. 409 775.082 or s. 775.083. Any licensed gun dealer may display the 410 assault weapon or large-capacity magazine at any gun show or 411 sell it to a buyer outside this state. 412 (
b) Any licensed gun dealer may transfer possession of any 413 assault weapon or large-capacity magazine received pursuant to 414 paragraph (
a) to a gunsmith for purposes of accomplishing 415 service or repair of the same. Transfers are permissible only to 416 the following persons: 417 1. A gunsmith who is in the dealer’s employ; or 418 2. A gunsmith with whom the dealer has contracted for 419 gunsmithing services, provided the gunsmith receiving the 420 assault weapon holds a dealer’s license issued pursuant to 421
chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss. 422 921 et seq., and the regulations issued pursuant thereto. 423
(8) CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION 424 NOT PROHIBITED.—This
section does not prohibit any person, firm, 425 or corporation engaged in the business of manufacturing assault 426 weapons or large-capacity magazines in this state from 427 manufacturing or transporting assault weapons or large-capacity 428 magazines in this state for sale within this state in accordance 429 with subparagraph (2)(c)1. or for sale outside this state. 430
(9) EXCEPTION.—This
section does not apply to any firearm 431 modified to render it permanently inoperable. 432
Section 2. Paragraph (
a) of subsection (3) of
section 433 775.087, Florida Statutes, is amended to read: 434 775.087 Possession or use of weapon; aggravated battery; 435
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 16 of 18 CODING: Words stricken are deletions; words underlined are additions. felony reclassification; minimum sentence.— 436 (3)(a)1. Any person who is convicted of a felony or an 437 attempt to commit a felony, regardless of whether the use of a 438 firearm is an element of the felony, and the conviction was for: 439 a. Murder; 440 b. Sexual battery; 441 c. Robbery; 442 d. Burglary; 443 e. Arson; 444 f. Aggravated battery; 445 g. Kidnapping; 446 h. Escape; 447 i.
Sale, manufacture, delivery, or intent to sell, 448 manufacture, or deliver any controlled substance; 449 j. Aircraft piracy; 450 k. Aggravated child abuse; 451 l. Aggravated abuse of an elderly person or disabled adult; 452 m. Unlawful throwing, placing, or discharging of a 453 destructive device or bomb; 454 n. Carjacking; 455 o. Home-invasion robbery; 456 p. Aggravated stalking; or 457 q.
Trafficking in cannabis, trafficking in cocaine, capital 458 importation of cocaine, trafficking in illegal drugs, capital 459 importation of illegal drugs, trafficking in phencyclidine, 460 capital importation of phencyclidine, trafficking in 461 methaqualone, capital importation of methaqualone, trafficking 462 in amphetamine, capital importation of amphetamine, trafficking 463 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 464
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 17 of 18 CODING: Words stricken are deletions; words underlined are additions. (GHB), trafficking in 1,4-Butanediol, trafficking in 465 Phenethylamines, or other violation of s. 893.135(1); 466 467 and during the commission of the offense, such person possessed 468 a semiautomatic firearm and its high-capacity detachable box 469 magazine, an assault weapon or a large-capacity magazine as 470 those terms are defined in s. 790.301, or a machine gun as 471 defined in s. 790.001, shall be sentenced to a minimum term of 472 imprisonment of 15 years. 473 2.
Any person who is convicted of a felony or an attempt to 474 commit a felony listed in subparagraph (a)1., regardless of 475 whether the use of a weapon is an element of the felony, and 476 during the course of the commission of the felony such person 477 discharged a semiautomatic firearm and its high-capacity box 478 magazine, an assault weapon or a large-capacity magazine as 479 those terms are defined in s. 790.301, or a “machine gun” as 480 defined in s. 790.001 shall be sentenced to a minimum term of 481 imprisonment of 20 years. 482 3.
Any person who is convicted of a felony or an attempt to 483 commit a felony listed in subparagraph (a)1., regardless of 484 whether the use of a weapon is an element of the felony, and 485 during the course of the commission of the felony such person 486 discharged a semiautomatic firearm and its high-capacity box 487 magazine, an assault weapon or a large-capacity magazine as 488 those terms are defined in s. 790.301, or a “machine gun” as 489 defined in s. 790.001 and, as the result of the discharge, death 490 or great bodily harm was inflicted upon any person, the 491 convicted person shall be sentenced to a minimum term of 492 imprisonment of not less than 25 years and not more than a term 493
Florida Senate - 2022 SB 214 34-00132-22 2022214__ Page 18 of 18 CODING: Words stricken are deletions; words underlined are additions. of imprisonment of life in prison. 494
Section 3. If any provision of this act or its application 495 to any person or circumstance is held invalid, the invalidity 496 does not affect other provisions or applications of the act 497 which can be given effect without the invalid provision or 498 application, and to this end the provisions of this act are 499 severable. 500