HB 883 2023
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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 machine guns; amending s. 790.001, 2
F.S.; revising the definition of the term "machine 3
gun"; reenacting s. 921.0024(1)(b), F.S., relating to 4
the worksheet key for worksheet computations of the 5
Criminal Punishment Code, to incorporate the amendment 6
made to s. 790.001, F.S., in a reference thereto; 7
providing an effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 10
11
Section 1. Subsection (9) of section 790.001, Florida 12
Statutes, is amended to read: 13
790.001 Definitions. —As used in this chapter, except where 14
the context otherwise requires: 15
(9) "Machine gun" means any firearm, as defined herein, 16
which: 17
(a) Shoots, or is designed to shoot, automatically more 18
than one shot, without manually reloading, by a single function 19
pull of the trigger; or 20
(b) Is modified by a conversion kit, a tool, an accessory, 21
or a device that is used to alter the rate of fire of the 22
firearm to mimic automatic weapon fire or that is used to 23
increase the rate of fire to a faster rate than is possible for 24
a person to fire such firearm unassisted by a kit, a tool, an 25
HB 883 2023
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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
accessory, or a device by a single function pull of the trigger . 26
Section 2. For the purpose of incorporating the amendment 27
made by this act to section 790.001, Florida Statutes, in a 28
reference thereto, paragraph (b) of subsection (1) of section 29
921.0024, Florida Statutes, is reenacted to read: 30
921.0024 Criminal Punishment Code; worksheet computations; 31
scoresheets.— 32
(1) 33
(b) WORKSHEET KEY: 34
35
Legal status points are assessed when any form of legal status 36
existed at the time the offender committed an offense before the 37
court for sentencing. Four (4) sentence points are assessed fo r 38
an offender's legal status. 39
40
Community sanction violation points are assessed when a 41
community sanction violation is before the court for sentencing. 42
Six (6) sentence points are assessed for each community sanction 43
violation and each successive community sanction violation, 44
unless any of the following apply: 45
1. If the community sanction violation includes a new 46
felony conviction before the sentencing court, twelve (12) 47
community sanction violation points are assess ed for the 48
violation, and for each successive community sanction violation 49
involving a new felony conviction. 50
HB 883 2023
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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
2. If the community sanction violation is committed by a 51
violent felony offender of special concern as defined in s. 52
948.06: 53
a. Twelve (12) community sanction violation points are 54
assessed for the violation and for each successive violation of 55
felony probation or community control where: 56
I. The violation does not include a new felony conviction; 57
and 58
II. The community sanction violation is no t based solely 59
on the probationer or offender's failure to pay costs or fines 60
or make restitution payments. 61
b. Twenty-four (24) community sanction violation points 62
are assessed for the violation and for each successive violation 63
of felony probation or co mmunity control where the violation 64
includes a new felony conviction. 65
66
Multiple counts of community sanction violations before the 67
sentencing court shall not be a basis for multiplying the 68
assessment of community sanction violation points. 69
70
Prior serious felony points: If the offender has a primary 71
offense or any additional offense ranked in level 8, level 9, or 72
level 10, and one or more prior serious felonies, a single 73
assessment of thirty (30) points shall be added. For purposes of 74
this section, a prior s erious felony is an offense in the 75
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offender's prior record that is ranked in level 8, level 9, or 76
level 10 under s. 921.0022 or s. 921.0023 and for which the 77
offender is serving a sentence of confinement, supervision, or 78
other sanction or for which the off ender's date of release from 79
confinement, supervision, or other sanction, whichever is later, 80
is within 3 years before the date the primary offense or any 81
additional offense was committed. 82
83
Prior capital felony points: If the offender has one or more 84
prior capital felonies in the offender's criminal record, points 85
shall be added to the subtotal sentence points of the offender 86
equal to twice the number of points the offender receives for 87
the primary offense and any additional offense. A prior capital 88
felony in the offender's criminal record is a previous capital 89
felony offense for which the offender has entered a plea of nolo 90
contendere or guilty or has been found guilty; or a felony in 91
another jurisdiction which is a capital felony in that 92
jurisdiction, or would be a capital felony if the offense were 93
committed in this state. 94
95
Possession of a firearm, semiautomatic firearm, or machine gun: 96
If the offender is convicted of committing or attempting to 97
commit any felony other than those enumerated in s. 775.087(2 ) 98
while having in his or her possession: a firearm as defined in 99
s. 790.001(6), an additional eighteen (18) sentence points are 100
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assessed; or if the offender is convicted of committing or 101
attempting to commit any felony other than those enumerated in 102
s. 775.087(3) while having in his or her possession a 103
semiautomatic firearm as defined in s. 775.087(3) or a machine 104
gun as defined in s. 790.001(9), an additional twenty -five (25) 105
sentence points are assessed. 106
107
Sentencing multipliers: 108
109
Drug trafficking: If the primary offense is drug trafficking 110
under s. 893.135, the subtotal sentence points are multiplied, 111
at the discretion of the court, for a level 7 or level 8 112
offense, by 1.5. The state attorney may move the sentencing 113
court to reduce or suspend the sentence of a person convicted of 114
a level 7 or level 8 offense, if the offender provides 115
substantial assistance as described in s. 893.135(4). 116
117
Law enforcement protection: If the primary offense is a 118
violation of the Law Enforcement Protection Act under s. 119
775.0823(2), (3), or (4), the subtotal sentence points are 120
multiplied by 2.5. If the primary offense is a violation of s. 121
775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 122
are multiplied by 2.0. If the primary offense is a violation of 123
s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement 124
Protection Act under s. 775.0823(10) or (11), the subtotal 125
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sentence points are multiplied by 1.5. 126
127
Grand theft of a motor vehicle: If the primary offense is grand 128
theft of the third degree involving a motor vehi cle and in the 129
offender's prior record, there are three or more grand thefts of 130
the third degree involving a motor vehicle, the subtotal 131
sentence points are multiplied by 1.5. 132
133
Offense related to a criminal gang: If the offender is convicted 134
of the primary offense and committed that offense for the 135
purpose of benefiting, promoting, or furthering the interests of 136
a criminal gang as defined in s. 874.03, the subtotal sentence 137
points are multiplied by 1.5. If applying the multiplier results 138
in the lowest permissible sentence exceeding the statutory 139
maximum sentence for the primary offense under chapter 775, the 140
court may not apply the multiplier and must sentence the 141
defendant to the statutory maximum sentence. 142
143
Domestic violence in the presence of a child: If the offender is 144
convicted of the primary offense and the primary offense is a 145
crime of domestic violence, as defined in s. 741.28, which was 146
committed in the presence of a child under 16 years of age who 147
is a family or household member as defined in s. 741 .28(3) with 148
the victim or perpetrator, the subtotal sentence points are 149
multiplied by 1.5. 150
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151
Adult-on-minor sex offense: If the offender was 18 years of age 152
or older and the victim was younger than 18 years of age at the 153
time the offender committed the prim ary offense, and if the 154
primary offense was an offense committed on or after October 1, 155
2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the 156
violation involved a victim who was a minor and, in the course 157
of committing that violation, the defend ant committed a sexual 158
battery under chapter 794 or a lewd act under s. 800.04 or s. 159
847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 160
787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 161
800.04; or s. 847.0135(5), the subtotal sentence points are 162
multiplied by 2.0. If applying the multiplier results in the 163
lowest permissible sentence exceeding the statutory maximum 164
sentence for the primary offense under chapter 775, the court 165
may not apply the multiplier and must sentence the defendant t o 166
the statutory maximum sentence. 167
Section 3. This act shall take effect July 1, 2023. 168