Title: Machine Guns

Summary: Revising the definition of the term "machine gun", etc.

Full Text:
An act relating to machine guns; amending s. 790.001, F.S.; revising the definition of the term  machine gun ; reenacting s. 921.0024(1)(b), F.S., relating to the worksheet key for worksheet computations of the Criminal Punishment Code, to incorporate the amendment made to s. 790.001, F.S., in a reference thereto; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (9) of section 790.001, Florida Statutes, is amended to read: 790.001 Definitions. As used in this chapter, except where the context otherwise requires: (9) Machine gun  means any firearm, as defined herein, which:(a)  Shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function pull of the trigger;or (b)   Can be modified by a conversion kit, a tool, an accessory, or a device that is used to alter the rate of fire of the firearm to mimic automatic weapon fire or that is used to increase the rate of fire to a faster rate than is possible for a person to fire such firearm unassisted by a kit, a tool, an accessory, or a device by a single function pull of the trigger.Section 2. For the purpose of incorporating the amendment made by this act to section 790.001, Florida Statutes, in a reference thereto, paragraph (b) of subsection (1) of section 921.0024, Florida Statutes, is reenacted to read: 921.0024 Criminal Punishment Code; worksheet computations; scoresheets.  (1) (b) WORKSHEET KEY: Legal status points are assessed when any form of legal status existed at the time the offender committed an offense before the court for sentencing. Four (4) sentence points are assessed for an offender s legal status. Community sanction violation points are assessed when a community sanction violation is before the court for sentencing. Six (6) sentence points are assessed for each community sanction violation and each successive community sanction violation, unless any of the following apply: 1. If the community sanction violation includes a new felony conviction before the sentencing court, twelve (12) community sanction violation points are assessed for the violation, and for each successive community sanction violation involving a new felony conviction. 2. If the community sanction violation is committed by a violent felony offender of special concern as defined in s. 948.06: a. Twelve (12) community sanction violation points are assessed for the violation and for each successive violation of felony probation or community control where: I. The violation does not include a new felony conviction; and II. The community sanction violation is not based solely on the probationer or offender s failure to pay costs or fines or make restitution payments. b. Twenty-four (24) community sanction violation points are assessed for the violation and for each successive violation of felony probation or community control where the violation includes a new felony conviction. Multiple counts of community sanction violations before the sentencing court shall not be a basis for multiplying the assessment of community sanction violation points. Prior serious felony points: If the offender has a primary offense or any additional offense ranked in level 8, level 9, or level 10, and one or more prior serious felonies, a single assessment of thirty (30) points shall be added. For purposes of this section, a prior serious felony is an offense in the offender s prior record that is ranked in level 8, level 9, or level under s. 921.0022 or s. 921.0023 and for which the offender is serving a sentence of confinement, supervision, or other sanction or for which the offender s date of release from confinement, supervision, or other sanction, whichever is later, is within years before the date the primary offense or any additional offense was committed. Prior capital felony points: If the offender has one or more prior capital felonies in the offender s criminal record, points shall be added to the subtotal sentence points of the offender equal to twice the number of points the offender receives for the primary offense and any additional offense. A prior capital felony in the offender s criminal record is a previous capital felony offense for which the offender has entered a plea of nolo contendere or guilty or has been found guilty; or a felony in another jurisdiction which is a capital felony in that jurisdiction, or would be a capital felony if the offense were committed in this state. Possession of a firearm, semiautomatic firearm, or machine gun: If the offender is convicted of committing or attempting to commit any felony other than those enumerated in s. 775.087(2) while having in his or her possession: a firearm as defined in s. 790.001(6), an additional eighteen (18) sentence points are assessed; or if the offender is convicted of committing or attempting to commit any felony other than those enumerated in s. 775.087(3) while having in his or her possession a semiautomatic firearm as defined in s. 775.087(3) or a machine gun as defined in s. 790.001(9), an additional twenty-five (25) sentence points are assessed. Sentencing multipliers: Drug trafficking: If the primary offense is drug trafficking under s. 893.135, the subtotal sentence points are multiplied, at the discretion of the court, for a level or level offense, by 1.5. The state attorney may move the sentencing court to reduce or suspend the sentence of a person convicted of a level or level offense, if the offender provides substantial assistance as described in s. 893.135(4). Law enforcement protection: If the primary offense is a violation of the Law Enforcement Protection Act under s. 775.0823(2), (3), or (4), the subtotal sentence points are multiplied by 2.5. If the primary offense is a violation of s. 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points are multiplied by 2.0. If the primary offense is a violation of s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement Protection Act under s. 775.0823(10) or (11), the subtotal sentence points are multiplied by 1.5. Grand theft of a motor vehicle: If the primary offense is grand theft of the third degree involving a motor vehicle and in the offender s prior record, there are three or more grand thefts of the third degree involving a motor vehicle, the subtotal sentence points are multiplied by 1.5. Offense related to a criminal gang: If the offender is convicted of the primary offense and committed that offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang as defined in s. 874.03, the subtotal sentence points are multiplied by 1.5. If applying the multiplier results in the lowest permissible sentence exceeding the statutory maximum sentence for the primary offense under chapter 775, the court may not apply the multiplier and must sentence the defendant to the statutory maximum sentence. Domestic violence in the presence of a child: If the offender is convicted of the primary offense and the primary offense is a crime of domestic violence, as defined in s. 741.28, which was committed in the presence of a child under years of age who is a family or household member as defined in s. 741.28(3) with the victim or perpetrator, the subtotal sentence points are multiplied by 1.5. Adult-on-minor sex offense: If the offender was years of age or older and the victim was younger than years of age at the time the offender committed the primary offense, and if the primary offense was an offense committed on or after October 1, 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed a sexual battery under chapter or a lewd act under s. 800.04 or s. 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 800.04; or s. 847.0135(5), the subtotal sentence points are multiplied by 2.0. If applying the multiplier results in the lowest permissible sentence exceeding the statutory maximum sentence for the primary offense under chapter 775, the court may not apply the multiplier and must sentence the defendant to the statutory maximum sentence. Section 3. This act shall take effect July 1, 2023.