HB 1321 2003
1	A bill to be entitled
2	An act relating to child abuse and abuse of vulnerable
3	adults; amending s. 39.201, F.S.; revising language with
4	respect to mandatory reports of child abuse; amending s.
5	39.204, F.S.; abrogating the right of privileged
6	communication between any member of the clergy and a
7	person seeking spiritual counsel and advice with respect
8	to cases involving child abuse, abandonment, or neglect;
9	amending s. 90.505, F.S.; proscribing the privilege of
10	communications to clergy by certain individuals; amending
11	s. 95.11, F.S.; revising language with respect to the
12	statute of limitations in certain actions; providing a
13	time period for suits with respect to intentional torts
14	based on abuse of a vulnerable adult, for intentional
15	torts based upon abuse of a child, and for intentional
16	torts based upon childhood sexual abuse; amending s.
17	794.011, F.S.; providing that a person commits sexual
18	battery which is a first degree felony when the offender
19	is a person who has responsibility for the welfare,
20	guidance, direction, supervision, education, or spiritual
21	well-being of a child under certain circumstances;
22	creating s. 800.05, F.S.; providing for a duty to report
23	lewd and lascivious offenses; providing penalties for
24	failure to report; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1. Subsection (1) and paragraph (c) of subsection
29	(2) of section 39.201, Florida Statutes, are amended to read:
30	39.201 Mandatory reports of child abuse, abandonment, or
31	neglect; mandatory reports of death; central abuse hotline.--
32	(1) Any person, including, but not limited to, any:
33	(a) Physician, osteopathic physician, medical examiner,
34	chiropractic physician, nurse, or hospital personnel engaged in
35	the admission, examination, care, or treatment of persons;
36	(b) Health or mental health professional other than one
37	listed in paragraph (a);
38	(c) Practitioner who relies solely on spiritual means for
39	healing;
40	(d) School teacher or other school official or personnel;
41	(e) Social worker, day care center worker, or other
42	professional child care, foster care, residential, or
43	institutional worker;
44	(f) Law enforcement officer; or
45	(g) Judge,
46
47	who knows, or has reasonable cause to suspect, that a child is
48	abused, abandoned, or neglected by a parent, legal custodian,
49	caregiver, or other person responsible for the child's welfare
50	shall report such knowledge or suspicion to the department in
51	the manner prescribed in subsection (2).
52	(2)
53	(c) Reporters in the following occupation categories
54	designated in subsection (1)are required to provide their names
55	to the hotline staff:
56	1. Physician, osteopathic physician, medical examiner,
57	chiropractic physician, nurse, or hospital personnel engaged in
58	the admission, examination, care, or treatment of persons;
59	2. Health or mental health professional other than those
60	listed in subparagraph 1.;
61	3. Practitioner who relies solely on spiritual means for
62	healing;
63	4. School teacher or other school official or personnel;
64	5. Social worker, day care center worker, or other
65	professional child care, foster care, residential, or
66	institutional worker;
67	6. Priest, rabbi, practitioner of Christian Science, or
68	minister of any religious organization or denomination usually
69	referred to as a church, or an individual reasonably believed so
70	to be by the person consulting him or her;
71	7. Law enforcement officer; or
72	8. Judge.
73
74	The names of reporters shall be entered into the record of the
75	report, but shall be held confidential as provided in s. 39.202.
76	Section 2. Section 39.204, Florida Statutes, is amended to
77	read:
78	39.204 Abrogation of privileged communications in cases
79	involving child abuse, abandonment, or neglect.--The privileged
80	quality of communication between husband and wife, andbetween
81	any professional person and his or her patient or client,
82	between any member of the clergy, as defined in s. 90.505, and a
83	person seeking spiritual counsel and advice,and any other
84	privileged communication except that between attorney and client
85	or the privilege provided in s. 90.505, as such communication
86	relates both to the competency of the witness and to the
87	exclusion of confidential communications, shall not apply to any
88	communication involving the perpetrator or alleged perpetrator
89	in any situation involving known or suspected child abuse,
90	abandonment, or neglect and shall not constitute grounds for
91	failure to report as required by s. 39.201 regardless of the
92	source of the information requiring the report, failure to
93	cooperate with law enforcement or the department in its
94	activities pursuant to this chapter, or failure to give evidence
95	in any judicial proceeding relating to child abuse, abandonment,
96	or neglect.
97	Section 3. Subsection (4) is added to section 90.505,
98	Florida Statutes, to read:
99	90.505 Privilege with respect to communications to
100	clergy.--
101	(4) There is no privilege under this section for any
102	communication involving the perpetrator or alleged perpetrator
103	in any situation involving known or suspected child abuse,
104	abandonment, or neglect, as defined in s. 39.01, s. 794.011, s.
105	800.04, s. 827.03, or s. 984.03.
106	Section 4. Paragraph (o) of subsection (3) and subsection
107	(7) of section 95.11, Florida Statutes, are amended, and
108	subsections (9) and (10) are added to said section, to read:
109	95.11 Limitations other than for the recovery of real
110	property.--Actions other than for recovery of real property
111	shall be commenced as follows:
112	(3) WITHIN FOUR YEARS.--
113	(o) An action for assault, battery, false arrest,
114	malicious prosecution, malicious interference, false
115	imprisonment, or any other intentional tort, except as provided
116	in subsections (4), (5), and (7), (9), and (10).
117	(7) FOR INTENTIONAL TORTS BASED ON ABUSE OF A VULNERABLE
118	ADULT.--Notwithstanding any other provision of law to the
119	contrary:
120	(a) An action founded on alleged abuse, as defined in s.
121	39.01, s. 415.102, or s. 984.03,or incest, as defined in s.
122	826.04, of a vulnerable adult may be commenced at any time
123	within 7 years after the age of majority, orwithin 4 years
124	after the injured person leaves the dependency of the abuser, or
125	within 4 years from the time of discovery by the injured party
126	or by a person who is in a position of trust and confidence, as
127	defined in s. 415.102,of both the injury and the causal
128	relationship between the injury and the abuse, whichever occurs
129	later. In any event, the action must be begun within 7 years
130	after the act, event, or occurrence giving rise to the action.
131	(b) As used in this subsection, the term “vulnerable
132	adult” means a person 18 years of age or older whose ability to
133	perform the normal activities of daily living or to provide for
134	his or her own care or protection is impaired due to a mental,
135	emotional, physical, or developmental disability or
136	dysfunctioning, brain damage, or the infirmities of aging.
137	(9) FOR INTENTIONAL TORTS BASED ON ABUSE OF A CHILD.--
138	(a) An action founded on alleged abuse of a child, as
139	defined in s. 39.01 or s. 984.03, or incest, as defined in s.
140	826.04, may be commenced at any time within 7 years after the
141	age of majority, or within 4 years after the injured person
142	leaves the dependency of the abuser, or within 4 years from the
143	time of discovery by the injured party of both the injury and
144	the causal relationship between the injury and the abuse,
145	whichever occurs later.
146	(b) As used in this subsection, the term “child” means any
147	unmarried person under the age of 18 years who has not been
148	emancipated by order of the court.
149	(c) As used in this subsection, the term “abuse” does not
150	include sexual abuse.
151	(10) FOR INTENTIONAL TORTS BASED ON CHILDHOOD SEXUAL
152	ABUSE.--
153	(a) "Childhood sexual abuse," as used in this subsection,
154	includes any act committed against the injured party that
155	occurred when the injured party was under the age of 18 years
156	and that is defined in s. 39.01, s. 794.011, s. 800.04, s.
157	827.03, or s. 984.03, or incest, as defined in s. 826.04, or any
158	prior laws of this state of similar effect at the time the act
159	was committed. Nothing in this paragraph limits the
160	availability of causes of action permitted under this paragraph,
161	including causes of action against persons or entities other
162	than the alleged perpetrator of the abuse.
163	(b) An action founded on alleged childhood sexual abuse,
164	as defined in s. 39.01, s. 794.011, s. 800.04, s. 827.03, or s.
165	984.03, or incest, as defined in s. 826.04, may be commenced
166	within 7 years after the age of majority, or within 4 years
167	after the injured person leaves the dependency of the abuser, or
168	within 4 years from the date the injured person discovers or
169	reasonably should have discovered that psychological injury or
170	other illness was caused by the abuse, whichever period expires
171	later, for any of the following actions:
172	1. An action against any person for committing an act of
173	childhood sexual abuse.
174	2. An action for liability against any person or entity
175	who owed a duty of care to the injured person, wherein a
176	wrongful, intentional, or negligent act by that person or
177	entity, or an employee, volunteer, representative, or agent of
178	the entity, was a legal cause of the childhood sexual abuse that
179	resulted in the harm to the injured person.
180	3. An action for liability against any person or entity
181	wherein an intentional act by that person or an employee,
182	volunteer, representative, or agent of the entity was a legal
183	cause of the childhood sexual abuse that resulted in the harm to
184	the injured person.
185	(c) Notwithstanding any other provision of law, any action
186	described in subparagraph (b)2. or subparagraph (b)3. that is
187	permitted to be filed pursuant to paragraph (b) that would
188	otherwise be barred as of January 1, 2004, solely because the
189	applicable statute of limitations has or had expired, is
190	revived, and, in that case, a cause of action may be commenced
191	within 2 years after January 1, 2004. Nothing in this section
192	shall be construed to alter the applicable statute of
193	limitations period of an action that is not time barred as of
194	January 1, 2004.
195	Section 5. Paragraph (h) is added to subsection (4) of
196	section 794.011, Florida Statutes, and subsections (9) and (10)
197	of said section are amended, to read:
198	794.011 Sexual battery.--
199	(4) A person who commits sexual battery upon a person 12
200	years of age or older without that person's consent, under any
201	of the following circumstances, commits a felony of the first
202	degree, punishable as provided in s. 775.082, s. 775.083, s.
203	775.084, or s. 794.0115:
204	(h) When the offender is a person who has responsibility
205	for the welfare, guidance, direction, supervision, education, or
206	spiritual well-being of the child.
207	(9) For prosecution under paragraph (4)(g) or (h),
208	acquiescence to a person reasonably believed by the victim to be
209	in a position of authority or control does not constitute
210	consent, and it is not a defense that the perpetrator was not
211	actually in a position of control or authority if the
212	circumstances were such as to lead the victim to reasonably
213	believe that the person was in such a position.
214	(10) Any person who falsely accuses any person listed in
215	paragraph (4)(g) or (h)or other person in a position of control
216	or authority as an agent or employee of government of violating
217	paragraph (4)(g) or (h)is guilty of a felony of the third
218	degree, punishable as provided in s. 775.082, s. 775.083, or s.
219	775.084.
220	Section 6. Section 800.05, Florida Statutes, is created to
221	read:
222	800.05 Duty to report lewd and lascivious offenses;
223	penalties.--A person who observes or knows of the commission of
224	lewd and lascivious offenses defined in s. 800.04 and who:
225	(1) Has reasonable grounds to believe that he or she has
226	observed or has knowledge of the commission of a lewd and
227	lascivious offense defined in s. 800.04;
228	(2) Has the present ability to seek assistance for the
229	victim or victims by immediately reporting such offense to a law
230	enforcement officer;
231	(3) Would not be exposed to any threat of physical
232	violence for making such a report; and
233	(4) Fails to make a report
234
235	is guilty of a misdemeanor of the first degree, punishable as
236	provided in s. 775.082 or s. 775.083.
237	Section 7. This act shall take effect October 1, 2003.