HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 1 of 21 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 2 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 3 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 4 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 5 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 6 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 7 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 8 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 9 of 21 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 (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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 10 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 11 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 12 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 13 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 14 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 15 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 16 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 17 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 18 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 19 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 20 of 21 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 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 HB 199 2022 CODING: Words stricken are deletions; words underlined are additions. hb0199-00 Page 21 of 21 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 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