(1) 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, or attempts to use any weapon 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:

(a) In the case of a felony of the first degree, to a life felony.

(b) In the case of a felony of the second degree, to a felony of the first degree.

(c) In the case of a felony of the third degree, to a felony of the second degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense which is reclassified under this section is ranked one level above the ranking under s. 921.0012 or s. 921.0013 of the felony offense committed.

(2) Any person who is convicted of a felony or an attempt to commit a felony and the conviction was for:

(a) Murder;

(b) Sexual battery;

(c) Robbery;

(d) Burglary;

(e) Arson;

(f) Aggravated assault;

(g) Aggravated battery;

(h) Kidnapping;

(i) Escape;

(j) Aircraft piracy;

(k) Aggravated child abuse;

(l) Unlawful throwing, placing, or discharging of a destructive device or bomb;

(m) Carjacking;

(n) Home-invasion robbery; or

(o) Aggravated stalking and during the commission of the offense, such person possessed a "firearm," as defined in [Footnote 2] s. 791.001(6), or "destructive device," as defined in s. 790.001(4), shall be sentenced to a minimum term of imprisonment of 3 years. Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld. An offender sentenced under this subsection is not eligible for control release under s. 947.146.

(3)

(a) Any person who is convicted of a felony or an attempt to commit a felony and the conviction was for: 1. Murder; 2. Sexual battery; 3. Robbery; 4. Burglary; 5. Arson; 6. Aggravated assault; 7. Aggravated battery; 8. Kidnapping; 9. Escape; 10. Sale, manufacture, delivery, or intent to sell, manufacture, or deliver any controlled substance; 11. Aircraft piracy; 12. Aggravated child abuse; 13. Unlawful throwing, placing, or discharging of a destructive device or bomb; 14. Carjacking; 15. Home-invasion robbery; or 16. Aggravated stalking and during the commission of the offense, such person possessed a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in [Footnote 3] s. 791.001(9), shall be sentenced to a minimum term of imprisonment of 8 years. Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld. An offender sentenced under this subsection is not eligible for control release under s. 947.146.

(b) As used in this subsection, the term: 1. "High-capacity detachable box magazine" means any detachable box magazine, for use in a semiautomatic firearm, which is capable of being loaded with more than 20 centerfire cartridges. 2. "Semiautomatic firearm" means a firearm which is capable of firing a series of rounds by separate successive depressions of the trigger and which uses the energy of discharge to perform a portion of the operating cycle. History: s. 9, ch. 74-383; s. 1, ch. 75-7; s. 3, ch. 75-298; s. 2, ch. 76-75; s. 51, ch. 83-215; s. 3, ch. 89-306; s. 2, ch. 90-124; s. 2, ch. 90-176; s. 19, ch. 95-184; s. 9, ch. 95-195. [Footnote 1] Note. Section 19, ch. 95-184, provides for applicability to sentencing for offenses committed on or after October 1, 1995. [Footnote 2] Note. This reference is erroneous. The term "firearm" is defined in s. 790.001(6). [Footnote 3] Note. This reference is erroneous. The term "machine gun" is defined in s. 790.001(9).