Florida 2022 Regular Session

Florida House Bill H0199 Latest Draft

Bill / Introduced Version Filed 09/27/2021

                               
 
HB 199  	2022 
 
 
 
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F L O R I D A H O U S E O F 	R E P R E S E N T A T I V E	S 
 
 
 
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 a large -capacity magazine; providing 5 
exceptions; providing criminal penalties; prohi biting 6 
possession of an assault weapon or a large -capacity 7 
magazine; providing exceptions; providing criminal 8 
penalties; requiring certificates of possession for 9 
assault weapons or large -capacity magazines lawfully 10 
possessed before a specified date; provid ing 11 
requirements for the certificates; requiring the 12 
department to conduct a background investigation; 13 
requiring the Department of Law Enforcement to adopt 14 
rules; specifying the form of the certificates; 15 
limiting sales or transfers of assault weapons or 16 
large-capacity magazines documented by the 17 
certificates; providing applicability; providing 18 
conditions for continued possession of such weapons or 19 
large-capacity magazines; providing requirements for 20 
an applicant who fails to qualify for a certificate of 21 
possession; requiring certificates of transfer for 22 
transfers of certain assault weapons or large -capacity 23 
magazines; providing requirements for certificates of 24 
transfer; requiring the Department of Law Enforcement 25     
 
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to maintain a file of such certificates; prov iding for 26 
relinquishment of assault weapons or large -capacity 27 
magazines; providing requirements for transportation 28 
of assault weapons or large -capacity magazines under 29 
certain circumstances; providing criminal penalties; 30 
specifying circumstances in which t he manufacture or 31 
transportation 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 1.  Section 790.301, Florida Statutes, is created 42 
to 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 specified 48 
semiautomatic firearms: 49 
 a.  All AK series, including, but not limited to, the 50     
 
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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, inclu ding, 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 
 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.  FAMAS MAS 223. 67 
 l.  Federal XC-900 and SC-450. 68 
 m.  Fabrique National FN/FAL, FN/LAR, and FNC. 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, and HK-PSG-1. 73 
 r.  Kel-Tec Sub-2000, SU series, RFB. 74 
 s.  M1 Carbine. 75     
 
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 t.  SAR-8, SAR-4800, 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, M2HB. 87 
 ff.  Thompson types, including Thompson T5. 88 
 gg.  UZI, Galil and UZI Sporter, Galil Sporter, Galil 89 
Sniper Rifle (Galatz), and Vector Arms UZI. 90 
 hh.  Weaver Arms Nighthawk. 91 
 2.  All of the following handguns, copies, duplicates, or 92 
altered facsimiles with the capability of any such weapon: 93 
 a.  AK-47 pistol and Mini AK -47 pistol. 94 
 b.  AR-15 pistol. 95 
 c.  Australian Automatic Arms SAP pistol. 96 
 d.  Bushmaster Auto Pistol. 97 
 e.  Calico Liberty series pistols. 98 
 f.  Encom MK-IV, MP-9, and MP-45. 99 
 g.  Feather AT-9 and Mini-AT. 100     
 
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 h.  Goncz High Tech Long pistol. 101 
 i.  Holmes MP-83. 102 
 j.  Iver Johnson Enforcer. 103 
 k.  MAC-10, MAC-11, Masterpiece Arms MPA pistol series, and 104 
Velocity Arms VMA series. 105 
 l.  Intratec TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10. 106 
 m.  UZI pistol and Micro -UZI pistol. 107 
 n.  Colefire Magnum. 108 
 o.  Scarab Skorpion. 109 
 p.  Spectre Auto pistol. 110 
 q.  German Sport 522 PK. 111 
 r.  Chiappa Firearms Mfour -22. 112 
 s.  DSA SA58 PKP FAL. 113 
 t.  I.O. Inc. PPS-43C. 114 
 u.  Kel-Tec PLR-16 pistol. 115 
 v.  SIG Sauer P556 pistol. 116 
 w.  Thompson TA5 series pistols. 117 
 x.  Wilkinson "Linda" pistol. 118 
 3.  All of the following shotguns, copies, duplicates, or 119 
altered facsimiles with the capability of any such weapon: 120 
 a.  Armscor 30 BG. 121 
 b.  Franchi SPAS-12 and Law-12. 122 
 c.  Remington TAC-2 or TACB3 FS. 123 
 d.  SPAS 12 and LAW 12. 124 
 e.  Striker 12. 125     
 
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 f.  Streetsweeper. 126 
 g.  Saiga. 127 
 h.  USAS-12. 128 
 i.  Kel-Tec KSG. 129 
 4.  A part or combination of parts which converts a firearm 130 
into an assault weapon or any combination of parts from which an 131 
assault weapon may be assembled if those parts are in the 132 
possession or under the control of the same person. 133 
 5.  Any semiautomatic firearm not listed in su bparagraphs 134 
1.-4. which meets any of the following criteria: 135 
 a.  A semiautomatic rifle that has an ability to accept a 136 
detachable magazine and has one or more of the following: 137 
 (I)  A folding or telescoping stock; 138 
 (II)  A pistol grip, a thumbhole stock or Thordsen-type 139 
grip or stock, or any other characteristic that can function as 140 
a grip; 141 
 (III)  A bayonet mount; 142 
 (IV)  A flash suppressor or threaded barrel designed to 143 
accommodate a flash suppressor; 144 
 (V)  A grenade launcher; or 145 
 (VI)  A shroud attached to the barrel, or that partially or 146 
completely encircles the barrel, allowing the bearer to hold the 147 
firearm with the nontrigger hand without being burned but 148 
excludes a slide that encloses the barrel. 149 
 b.  A semiautomatic pistol that has an ability to ac cept a 150     
 
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detachable magazine and has one or more of the following: 151 
 (I)  The capacity to accept a large -capacity magazine that 152 
attaches to the pistol at any location outside of the pistol 153 
grip; 154 
 (II)  A threaded barrel capable of accepting a barrel 155 
extender, flash suppressor, forward handgrip, or silencer; 156 
 (III)  A slide that encloses the barrel and that permits 157 
the shooter to hold the firearm with the nontrigger hand without 158 
being burned; 159 
 (IV)  A manufactured weight of 50 ounces or more when the 160 
pistol is unloaded; 161 
 (V)  A semiautomatic version of an automatic firearm; 162 
 (VI)  Any feature capable of functioning as a protruding 163 
grip that can be held by the nontrigger hand; or 164 
 (VII)  A folding, telescoping, or thumbhole stock. 165 
 c.  A semiautomatic shotgun that has one or more of the 166 
following: 167 
 (I)  A folding or telescoping stock; 168 
 (II)  A pistol grip, a thumbhole stock or Thordsen -type 169 
grip or stock, or any other characteristic that can function as 170 
a grip; 171 
 (III)  A thumbhole stock; 172 
 (IV)  A fixed magazine capacity in excess of 5 rounds; or 173 
 (V)  An ability to accept a detachable magazine. 174 
 d.  Any semiautomatic pistol or any semiautomatic, 175     
 
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centerfire, or rimfire rifle with a fixed magazine that has the 176 
capacity to accept more than 10 rounds of ammunition. 177 
 e.  A part or combination of parts designed or intended to 178 
convert a firearm into an assault weapon or any combination of 179 
parts from which an assault weapon may be assembled if those 180 
parts are in the possession or under the control of the same 181 
person. 182 
 (b)  "Detachable magazine" means an ammunition feeding 183 
device that can be removed from a firearm without disassembly of 184 
the firearm action. 185 
 (c)  "Fixed magazine" means an ammunition feeding device 186 
contained in, or permanently attached to, a firearm in such a 187 
manner that the device cannot be removed without disassembly of 188 
the firearm action. 189 
 (d)  "Large-capacity magazine" means an ammunition feeding 190 
device with the capacity to accept more than 10 rounds, or any 191 
conversion kit, part, or combination of parts f rom which such a 192 
device can be assembled if those parts are in the possession or 193 
under the control of the same person but does not include any of 194 
the following: 195 
 1.  A feeding device that has been permanently altered so 196 
that it cannot accommodate more than 10 rounds; 197 
 2.  A .22 caliber tube ammunition feeding device; or 198 
 3.  A tubular magazine that is contained in a lever -action 199 
firearm. 200     
 
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 (e)  "Licensed gun dealer" means a person who has a federal 201 
firearms license. 202 
 (2)  SALE OR TRANSFER. — 203 
 (a)  A person who, within this state, distributes, 204 
transports, or imports into this state, sells, keeps for sale, 205 
or offers or exposes for sale, or who gives an assault weapon or 206 
large-capacity magazine, in violation of this section, except as 207 
provided in paragraph (c), c ommits a felony of the third degree, 208 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 209 
with a mandatory minimum term of imprisonment of 2 years. 210 
 (b)  A person who transfers, sells, or gives an assault 211 
weapon or large-capacity magazine to a person under 18 years of 212 
age in violation of this section commits a felony of the second 213 
degree, punishable as provided in s. 775.082, s. 775.083, or s. 214 
775.084, with a mandatory minimum term of imprisonment of 6 215 
years. 216 
 (c)  Paragraph (a) does not apply t o: 217 
 1.  The sale of assault weapons or large -capacity magazines 218 
to the Department of Law Enforcement, a law enforcement agency 219 
as defined in s. 934.02, the Department of Corrections, or the 220 
military or naval forces of this state or of the United States 221 
for use in the discharge of their official duties. 222 
 2.  A person who is the executor or administrator of an 223 
estate that includes an assault weapon or a large -capacity 224 
magazine for which a certificate of possession has been issued 225     
 
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under this section and which is disposed of as authorized by the 226 
probate court, if the disposition is otherwise permitted under 227 
this section. 228 
 3.  The transfer by bequest or intestate succession of an 229 
assault weapon or a large -capacity magazine for which a 230 
certificate of possession ha s been issued under subsection (4). 231 
 (3)  POSSESSION.— 232 
 (a)  A person who, within this state, possesses any assault 233 
weapon or large-capacity magazine, except as provided in this 234 
section or as otherwise authorized by law, commits a felony of 235 
the third degree, punishable as provided in s. 775.082, s. 236 
775.083, or s. 775.084, with a mandatory minimum term of 237 
imprisonment of 1 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(10), the Department 242 
of Corrections, or the military or naval forces of this state or 243 
of the United States for use in the discharge of their official 244 
duties; nor does this secti on 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     
 
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July 1, 2023, if all of the following are applicable: 251 
 1.  The person is eligible to apply for a certificate of 252 
possession for the assault weapon or large -capacity magazine by 253 
July 1, 2023; 254 
 2.  The person lawful ly 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 ap ply to a person who is the 260 
executor or administrator of an estate that includes an assault 261 
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 for th 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 pe rson 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 t o the Department of Law 273 
Enforcement, for a certificate of possession with respect to 274 
such assault weapon or large -capacity magazine. The certificate 275     
 
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must contain a description of the assault weapon or large -276 
capacity magazine which identifies it uniquely, i ncluding 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 section. 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 back ground investigation pursuant to 290 
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, Mid dle) 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     
 
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misidentification): 301 
 Driver License Number and State: 302 
 Manufacturer: Importer: Serial Number: Model: Caliber: Unique 303 
I.D./Markings: 304 
 Signature of Owner 305 
 Applicant's Right Thumbprint 306 
 (c)1.  An assault weapon or a large -capacity magazine 307 
possessed pursuant to this section may not be sold or 308 
transferred on or after January 1, 2023, to a person within this 309 
state other than to a licensed gun dealer, as provided in 310 
subsection (5), or by a bequest or intestate succession. 311 
 2.  A person who obtains title to an assault weapon or a 312 
large-capacity magazine for which a c ertificate of possession 313 
has been issued under this section by bequest or intestate 314 
succession shall, within 90 days after obtaining title: 315 
 a.  Apply to the Department of Law Enforcement for a 316 
certificate of possession as provided in paragraph (a); 317 
 b.  Render the assault weapon or large -capacity magazine 318 
permanently inoperable; 319 
 c.  Sell the weapon or large -capacity magazine to a 320 
licensed gun dealer; or 321 
 d.  Remove the weapon or large -capacity magazine from this 322 
state. 323 
 3.  A person who moves into this state in lawful possession 324 
of an assault weapon or a large -capacity magazine shall, within 325     
 
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90 days after arriving in the state: 326 
 a.  Render the weapon or large -capacity magazine 327 
permanently inoperable; 328 
 b.  Sell the weapon or large-capacity magazine to a 329 
licensed gun dealer; or 330 
 c.  Remove the weapon or large -capacity magazine from this 331 
state. 332 
 4.  This paragraph does not apply to a person who is a 333 
member of the military or naval forces of this state or of the 334 
United States, is in lawful possession of an assault weapon or a 335 
large-capacity magazine, and has been transferred into this 336 
state after October 1, 2023. 337 
 (d)  A person who has been issued a certificate of 338 
possession for an assault weapon or a large -capacity magazine 339 
under this section may possess it only under the following 340 
conditions: 341 
 1.  At that person's residence, place of business, or other 342 
property owned by that person, or on property owned by another 343 
person with the owner's express permission; 344 
 2.  While on the premises of a target range of a public or 345 
private club or organization organized for the purpose of 346 
practicing shooting at targets; 347 
 3.  While on a target range that holds a regulatory or 348 
business license for the purpose of practicing shooting at that 349 
target range; 350     
 
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 4.  While on the premises of a licensed shooting club; 351 
 5.  While attending any exhibition, display, or educational 352 
project that is about firearms and is sponsored by, conducted 353 
under the auspices of, or approved by a law enforcement agency 354 
or a nationally or state-recognized entity that fosters 355 
proficiency in, or promotes education about, firearms; or 356 
 6.  While transporting the assault weapon or large -capacity 357 
magazine between any of the places specified in this subsection, 358 
or to any licensed g un dealer for servicing or repair pursuant 359 
to paragraph (7)(b), provided the assault weapon or large -360 
capacity magazine is transported as required by subsection (7). 361 
 (e)  If an applicant for a certificate of possession under 362 
this subsection fails to qualif y for such a certificate after 363 
the investigation required under this subsection, the applicant 364 
shall arrange to relinquish all assault weapons or large -365 
capacity magazines in his or her possession as provided in 366 
subsection (6) within 10 days after issuance of the notice of 367 
qualification failure. Such an applicant who fails to make such 368 
an arrangement within the time specified in this paragraph is in 369 
violation of this section. 370 
 (5)  CERTIFICATE OF TRANSFER. —If an owner of an assault 371 
weapon or a large-capacity magazine sells or transfers the 372 
weapon or magazine to a licensed gun dealer, he or she shall, at 373 
the time of delivery of the weapon, execute a certificate of 374 
transfer and mail or deliver the certificate to the Department 375     
 
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of Law Enforcement. The certificat e shall contain: 376 
 (a)  The date of sale or transfer. 377 
 (b)  The name and address of the seller or transferor and 378 
the licensed gun dealer and the social security number or driver 379 
license number of each party. 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 385 
Enforcement prescribes. 386 
 387 
The licensed gun dealer shall present his or her drive r 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 393 
to relinquish an assault weapon or a large -capacity magazine to 394 
a law enforcement agency as defined in s. 934.02 or to the 395 
Department of Law Enforcement. The assault weapon or large -396 
capacity magazine shall be transported in accordance with 397 
subsection (7). 398 
 (7)  TRANSPORTATION. — 399 
 (a)  A licensed gun dealer who lawfully purchases for 400     
 
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resale out of state an assault weapon or a large -capacity 401 
magazine under subsection (2) may transport the assault weapon 402 
or large-capacity magazine between dealers or out of this state, 403 
but a person may not carry a loaded assault weapon concealed 404 
from public view or knowingly have in any motor vehicle owned, 405 
operated, or occupied by him or her a loaded assault weapon or a 406 
large-capacity magazine or an unloaded assault weapon or a 407 
large-capacity magazine, unless such weapon or large -capacity  408 
magazine is kept in the trunk of such vehicle or in a case or 409 
other container that is inaccessible to the operator of or any 410 
passenger in such vehicle. A person who violates this subsection 411 
commits a misdemeanor of the second degree, punishable as 412 
provided in s. 775.082 or s. 775.083. Any licensed gun dealer 413 
may display the assault weapon or large -capacity magazine at any 414 
gun show or sell it to a buyer outside this state. 415 
 (b)  A licensed gun dealer may transfer possession of an 416 
assault weapon or large -capacity magazine received pursuant to 417 
paragraph (a) to a gunsmith for purposes of accomplishing 418 
service or repair of the assault weapon or la rge-capacity 419 
magazine. Transfers are permissible only to the following 420 
persons: 421 
 1.  A gunsmith who is in the dealer's employ; or 422 
 2.  A gunsmith with whom the dealer has contracted for 423 
gunsmithing services, provided the gunsmith receiving the 424 
assault weapon holds a dealer's license issued pursuant to 425     
 
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chapter 44 of Title 18 of the United States Code, 18 U.S.C. ss. 426 
921 et seq., and the regulations issued pursuant thereto. 427 
 (8)  CIRCUMSTANCES IN WHICH MANUFACTURE OR TRANSPORTATION 428 
NOT PROHIBITED.—This section does not prohibit any person, firm, 429 
or corporation engaged in the business of manufacturing assault 430 
weapons or large-capacity magazines in this state from 431 
manufacturing or transporting assault weapons or large -capacity 432 
magazines in this state for sale wit hin this state under 433 
subparagraph (2)(c)1. or for sale outside this state. 434 
 (9)  EXCEPTION.—This section does not apply to any firearm 435 
modified to render it permanently inoperable. 436 
 Section 2.  Paragraph (a) of subsection (3) of section 437 
775.087, Florida Statutes, is amended to read: 438 
 775.087  Possession or use of weapon; aggravated battery; 439 
felony reclassification; minimum sentence. — 440 
 (3)(a)1.  Any person who is convicted of a felony or an 441 
attempt to commit a felony, regardless of whether the use of a 442 
firearm is an element of the felony, and the conviction was for: 443 
 a.  Murder; 444 
 b.  Sexual battery; 445 
 c.  Robbery; 446 
 d.  Burglary; 447 
 e.  Arson; 448 
 f.  Aggravated battery; 449 
 g.  Kidnapping; 450     
 
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 h.  Escape; 451 
 i.  Sale, manufacture, delivery, or intent to sell, 452 
manufacture, or deliver any controlled substance; 453 
 j.  Aircraft piracy; 454 
 k.  Aggravated child abuse; 455 
 l.  Aggravated abuse of an elderly person or disabled 456 
adult; 457 
 m.  Unlawful throwing, placing, or discharging of a 458 
destructive device or bomb; 459 
 n.  Carjacking; 460 
 o.  Home-invasion robbery; 461 
 p.  Aggravated stalking; or 462 
 q.  Trafficking in cannabis, trafficking in cocaine, 463 
capital importation of cocaine, trafficking in illegal drugs, 464 
capital importation of illegal drugs, trafficking in 465 
phencyclidine, capital importation of phencyclidine, trafficking 466 
in methaqualone, capital importation of methaqualone, 467 
trafficking in amphetamine, capital importation of amphetamine, 468 
trafficking in flunitrazepam, trafficking in gamma -469 
hydroxybutyric acid (GHB), trafficking in 1,4 -Butanediol, 470 
trafficking in Phenethylamines, or other violation of s. 471 
893.135(1); 472 
 473 
and during the commission of the offense, such person possessed 474 
a semiautomatic firearm and its high -capacity detachable box 475     
 
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magazine, an assault weapon or a large -capacity magazine as 476 
those terms are defined in s. 790.301(1), or a machine gun as 477 
defined in s. 790.001, shall be sentenced to a minimum term of 478 
imprisonment of 15 years. 479 
 2.  Any person who is convicted of a felony or an attempt 480 
to commit a felony listed in subparagraph (a)1 ., regardless of 481 
whether the use of a weapon is an element of the felony, and 482 
during the course of the commission of the felony such person 483 
discharged a semiautomatic firearm and its high -capacity box 484 
magazine, an assault weapon or a large -capacity magazine as 485 
those terms are defined in s. 790.301(1), or a "machine gun" as 486 
defined in s. 790.001 shall be sentenced to a minimum term of 487 
imprisonment of 20 years. 488 
 3.  Any person who is convicted of a felony or an attempt 489 
to commit a felony listed in subparagrap h (a)1., regardless of 490 
whether the use of a weapon is an element of the felony, and 491 
during the course of the commission of the felony such person 492 
discharged a semiautomatic firearm and its high -capacity box 493 
magazine, an assault weapon or a large -capacity magazine as 494 
those terms are defined in s. 790.301(1), or a "machine gun" as 495 
defined in s. 790.001 and, as the result of the discharge, death 496 
or great bodily harm was inflicted upon any person, the 497 
convicted person shall be sentenced to a minimum term of 498 
imprisonment of not less than 25 years and not more than a term 499 
of imprisonment of life in prison. 500     
 
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 Section 3.  If any provision of this act or its application 501 
to any person or circumstance is held invalid, the invalidity 502 
does not affect other provisions or applications of the act 503 
which can be given effect without the invalid provision or 504 
application, and to this end the provisions of this act are 505 
severable. 506 
 Section 4.  This act shall take effect October 1, 2022. 507