Florida Senate - 2020                                    SB 1038
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00851-20                                           20201038__
    1                        A bill to be entitled                      
    2         An act relating to disposition of juvenile offenses;
    3         amending s. 921.0021, F.S.; redefining the term “prior
    4         record”; providing an effective date.
    5          
    6  Be It Enacted by the Legislature of the State of Florida:
    7  
    8         Section 1. Subsection (5) of section 921.0021, Florida
    9  Statutes, is amended to read:
   10         921.0021 Definitions.—As used in this chapter, for any
   11  felony offense, except any capital felony, committed on or after
   12  October 1, 1998, the term:
   13         (5) “Prior record” means a conviction for a crime committed
   14  by the offender, as an adult or a juvenile, before prior to the
   15  time of the primary offense. Convictions by federal, out-of
   16  state, military, or foreign courts, and convictions for
   17  violations of county or municipal ordinances that incorporate by
   18  reference a penalty under state law, are included in the
   19  offender’s prior record. Convictions for offenses committed by
   20  the offender more than 10 years before the primary offense are
   21  not included in the offender’s prior record if the offender has
   22  not been convicted of any other crime for a period of 10
   23  consecutive years from the most recent date of release from
   24  confinement, supervision, or sanction, whichever is later, to
   25  the date of the primary offense. Juvenile dispositions of
   26  offenses committed by the offender within 5 years before the
   27  primary offense are not included in the offender’s prior record,
   28  except that when the offense would have been a crime had the
   29  offender been an adult rather than a juvenile. juvenile
   30  dispositions of sexual offenses committed by the offender which
   31  were committed 5 years or more before the primary offense are
   32  included in the offender’s prior record if the offender has not
   33  maintained a conviction-free record, either as an adult or a
   34  juvenile, for a period of 5 consecutive years from the most
   35  recent date of release from confinement, supervision, or
   36  sanction, whichever is later, to the date of the primary
   37  offense.
   38         Section 2. This act shall take effect July 1, 2020.