Title: Reclassification of Offenses Involving Certain Firearms or Additional Firearm Magazines

Summary: Provides for reclassification of offenses committed while in possession of firearm or weapon capable of holding more than 10 rounds of ammunition or in possession of firearm & more than one magazine for firearm.

Full Text:
An act relating to reclassification of offenses involving certain firearms or additional firearm magazines; amending s. 775.087, F.S.; providing for reclassification of offenses committed while in possession of a firearm or weapon capable of holding more than rounds of ammunition or in possession of a firearm and more than one magazine for the firearm; providing an effective date. Be It Enacted by the Legislat ure of the State of Florida: Section 1. Subsection (1) of section 775.087, Florida Statutes, is amended to read: 775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.-(1)(a) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any we apon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows: 1.(a) In the case of a felony of the first degree, to a HB 2017 life felony. 2.(b) In the case of a felony of the second degree, to a felony of the first degree. 3.(c) In the case of a felony of the third degree, to a felony of the second degree. (b) In addition to any other classification of an offense provided by law, whenever a person commits a misdemeanor or felony, and during the commission of such offense the person carries, displays, uses, threatens to use, or attempts to use a weapon or firearm capable of holding or more rounds of ammunition without the necessity of reloa ding or the person possesses a firearm and possesses more than one firearm magazine capable of being used in the firearm, the offense for which the person is charged shall be reclassified as follows: 1. In the case of a felony of the first degree, to a life felony. 2. In the case of a felony of the second degree, to a felony of the first degree. 3. In the case of a felony of the third degree, to a felony of the second degree. 4. In the case of a misdemeanor of the first degree, to a felony of the th ird degree. 5. In the case of a misdemeanor of the second degree, to a misdemeanor of the first degree. HB 2017 For purposes of sentencing under chapter and determining incentive gain-time eligibility under chapter 944, a felony offense which is reclassifie dunder this subsection section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed. Section 2. This act shall take effect October 1, 2017.