Senate Bill sb1834
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Florida Senate - 2003 SB 1834
By Senator Bennett
21-1769-03 See HB
1 A bill to be entitled
2 An act relating to child abuse and abuse of
3 vulnerable adults; amending s. 39.201, F.S.;
4 revising provisions with respect to mandatory
5 reports of child abuse; amending s. 39.204,
6 F.S.; abrogating the right of privileged
7 communication between any member of the clergy
8 and a person seeking spiritual counsel and
9 advice with respect to cases involving child
10 abuse, abandonment, or neglect; amending s.
11 90.505, F.S.; proscribing the privilege of
12 communications to clergy by certain
13 individuals; amending s. 95.11, F.S.; revising
14 provisions with respect to the statute of
15 limitations in certain actions; providing a
16 time period for suits with respect to
17 intentional torts based on abuse of a
18 vulnerable adult, for intentional torts based
19 upon abuse of a child, and for intentional
20 torts based upon childhood sexual abuse;
21 amending s. 794.011, F.S.; providing that a
22 person commits sexual battery which is a first
23 degree felony when the offender is a person who
24 has responsibility for the welfare, guidance,
25 direction, supervision, education, or spiritual
26 well-being of a child under certain
27 circumstances; creating s. 800.05, F.S.;
28 providing for a duty to report lewd and
29 lascivious offenses; providing penalties for
30 failure to report; providing an effective date.
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Florida Senate - 2003 SB 1834
21-1769-03 See HB
1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. Subsection (1) and paragraph (c) of
4 subsection (2) of section 39.201, Florida Statutes, are
5 amended to read:
6 39.201 Mandatory reports of child abuse, abandonment,
7 or neglect; mandatory reports of death; central abuse
8 hotline.--
9 (1) Any person, including, but not limited to, any:
10 (a) Physician, osteopathic physician, medical
11 examiner, chiropractic physician, nurse, or hospital personnel
12 engaged in the admission, examination, care, or treatment of
13 persons;
14 (b) Health or mental health professional other than
15 one listed in paragraph (a);
16 (c) Practitioner who relies solely on spiritual means
17 for healing;
18 (d) School teacher or other school official or
19 personnel;
20 (e) Social worker, day care center worker, or other
21 professional child care, foster care, residential, or
22 institutional worker;
23 (f) Law enforcement officer; or
24 (g) Judge,
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26 who knows, or has reasonable cause to suspect, that a child is
27 abused, abandoned, or neglected by a parent, legal custodian,
28 caregiver, or other person responsible for the child's welfare
29 shall report such knowledge or suspicion to the department in
30 the manner prescribed in subsection (2).
31 (2)
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Florida Senate - 2003 SB 1834
21-1769-03 See HB
1 (c) Reporters in the following occupation categories
2 designated in subsection (1) are required to provide their
3 names to the hotline staff:
4 1. Physician, osteopathic physician, medical examiner,
5 chiropractic physician, nurse, or hospital personnel engaged
6 in the admission, examination, care, or treatment of persons;
7 2. Health or mental health professional other than
8 those listed in subparagraph 1.;
9 3. Practitioner who relies solely on spiritual means
10 for healing;
11 4. School teacher or other school official or
12 personnel;
13 5. Social worker, day care center worker, or other
14 professional child care, foster care, residential, or
15 institutional worker;
16 6. Priest, rabbi, practitioner of Christian Science,
17 or minister of any religious organization or denomination
18 usually referred to as a church, or an individual reasonably
19 believed so to be by the person consulting him or her;
20 7. Law enforcement officer; or
21 8. Judge.
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23 The names of reporters shall be entered into the record of the
24 report, but shall be held confidential as provided in s.
25 39.202.
26 Section 2. Section 39.204, Florida Statutes, is
27 amended to read:
28 39.204 Abrogation of privileged communications in
29 cases involving child abuse, abandonment, or neglect.--The
30 privileged quality of communication between husband and wife,
31 and between any professional person and his or her patient or
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Florida Senate - 2003 SB 1834
21-1769-03 See HB
1 client, between any member of the clergy, as defined in s.
2 90.505, and a person seeking spiritual counsel and advice, and
3 any other privileged communication except that between
4 attorney and client or the privilege provided in s. 90.505, as
5 such communication relates both to the competency of the
6 witness and to the exclusion of confidential communications,
7 shall not apply to any communication involving the perpetrator
8 or alleged perpetrator in any situation involving known or
9 suspected child abuse, abandonment, or neglect and shall not
10 constitute grounds for failure to report as required by s.
11 39.201 regardless of the source of the information requiring
12 the report, failure to cooperate with law enforcement or the
13 department in its activities pursuant to this chapter, or
14 failure to give evidence in any judicial proceeding relating
15 to child abuse, abandonment, or neglect.
16 Section 3. Subsection (4) is added to section 90.505,
17 Florida Statutes, to read:
18 90.505 Privilege with respect to communications to
19 clergy.--
20 (4) There is no privilege under this section for any
21 communication involving the perpetrator or alleged perpetrator
22 in any situation involving known or suspected child abuse,
23 abandonment, or neglect, as defined in s. 39.01, s. 794.011,
24 s. 800.04, s. 827.03, or s. 984.03.
25 Section 4. Paragraph (o) of subsection (3) and
26 subsection (7) of section 95.11, Florida Statutes, are
27 amended, and subsections (9) and (10) are added to that
28 section, to read:
29 95.11 Limitations other than for the recovery of real
30 property.--Actions other than for recovery of real property
31 shall be commenced as follows:
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Florida Senate - 2003 SB 1834
21-1769-03 See HB
1 (3) WITHIN FOUR YEARS.--
2 (o) An action for assault, battery, false arrest,
3 malicious prosecution, malicious interference, false
4 imprisonment, or any other intentional tort, except as
5 provided in subsections (4), (5), and (7), (9), and (10).
6 (7) FOR INTENTIONAL TORTS BASED ON ABUSE OF A
7 VULNERABLE ADULT.--Notwithstanding any other provision of law
8 to the contrary:
9 (a) An action founded on alleged abuse, as defined in
10 s. 39.01, s. 415.102, or s. 984.03, or incest, as defined in
11 s. 826.04, of a vulnerable adult may be commenced at any time
12 within 7 years after the age of majority, or within 4 years
13 after the injured person leaves the dependency of the abuser,
14 or within 4 years from the time of discovery by the injured
15 party or by a person who is in a position of trust and
16 confidence, as defined in s. 415.102, of both the injury and
17 the causal relationship between the injury and the abuse,
18 whichever occurs later. In any event, the action must be begun
19 within 7 years after the act, event, or occurrence giving rise
20 to the action.
21 (b) As used in this subsection, the term "vulnerable
22 adult" means a person 18 years of age or older whose ability
23 to perform the normal activities of daily living or to provide
24 for his or her own care or protection is impaired due to a
25 mental, emotional, physical, or developmental disability or
26 dysfunctioning, brain damage, or the infirmities of aging.
27 (9) FOR INTENTIONAL TORTS BASED ON ABUSE OF A CHILD.--
28 (a) An action founded on alleged abuse of a child, as
29 defined in s. 39.01 or s. 984.03, or incest, as defined in s.
30 826.04, may be commenced at any time within 7 years after the
31 age of majority, or within 4 years after the injured person
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Florida Senate - 2003 SB 1834
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1 leaves the dependency of the abuser, or within 4 years from
2 the time of discovery by the injured party of both the injury
3 and the causal relationship between the injury and the abuse,
4 whichever occurs later.
5 (b) As used in this subsection, the term "child
6 means any unmarried person under the age of 18 years who has
7 not been emancipated by order of the court.
8 (c) As used in this subsection, the term "abuse
9 does not include sexual abuse.
10 (10) FOR INTENTIONAL TORTS BASED ON CHILDHOOD SEXUAL
11 ABUSE.--
12 (a) "Childhood sexual abuse," as used in this
13 subsection, includes any act committed against the injured
14 party that occurred when the injured party was under the age
15 of 18 years and that is defined in s. 39.01, s. 794.011, s.
16 800.04, s. 827.03, or s. 984.03, or incest, as defined in s.
17 826.04, or any prior laws of this state of similar effect at
18 the time the act was committed. Nothing in this paragraph
19 limits the availability of causes of action permitted under
20 this paragraph, including causes of action against persons or
21 entities other than the alleged perpetrator of the abuse.
22 (b) An action founded on alleged childhood sexual
23 abuse, as defined in s. 39.01, s. 794.011, s. 800.04, s.
24 827.03, or s. 984.03, or incest, as defined in s. 826.04, may
25 be commenced within 7 years after the age of majority, or
26 within 4 years after the injured person leaves the dependency
27 of the abuser, or within 4 years from the date the injured
28 person discovers or reasonably should have discovered that
29 psychological injury or other illness occurring after the age
30 of majority was caused by the abuse, whichever period expires
31 later, for any of the following actions:
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Florida Senate - 2003 SB 1834
21-1769-03 See HB
1 1. An action against any person for committing an act
2 of childhood sexual abuse.
3 2. An action for liability against any person or
4 entity who owed a duty of care to the injured person, wherein
5 a wrongful or negligent act by that person or entity, or an
6 employee, volunteer, representative, or agent of the entity,
7 was a legal cause of the childhood sexual abuse that resulted
8 in the harm to the injured person.
9 3. An action for liability against any person or
10 entity wherein an intentional act by that person or entity was
11 a legal cause of the childhood sexual abuse that resulted in
12 the harm to the injured person.
13 (c) No action described in subparagraph 2. or
14 subparagraph 3. of paragraph (b) may be commenced on or after
15 the plaintiff's 25th birthday unless the person or entity knew
16 or had reason to know, or was otherwise on notice, of any
17 sexual misconduct with a child by an employee, volunteer,
18 representative, or agent of the entity, and failed to notify
19 law enforcement officials by the central abuse hotline as
20 required by law.
21 (d) Notwithstanding any other provision of law, any
22 claim for damages described in subparagraph 2. or subparagraph
23 3. of paragraph (b) that is permitted to be filed pursuant to
24 paragraph (c) that would otherwise be barred as of January 1,
25 2004, solely because the applicable statute of limitations has
26 or had expired, is revived, and, in that case, a cause of
27 action may be commenced within 2 years after January 1,
28 2004. Nothing in this section shall be construed to alter the
29 applicable statute of limitations period of an action that is
30 not time barred as of January 1, 2004.
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Florida Senate - 2003 SB 1834
21-1769-03 See HB
1 (e) Paragraph (c) does not apply to either of the
2 following:
3 1. Any claim that has been litigated to finality on
4 the merits in any court of competent jurisdiction prior to
5 January 1, 2004. Termination of a prior action on the basis of
6 the statute of limitations does not constitute a claim that
7 has been litigated to finality on the merits.
8 2. Any written, compromised settlement agreement that
9 has been entered into between a plaintiff and a defendant in
10 which the plaintiff was represented by an attorney who was
11 admitted to practice law in this state at the time of the
12 settlement and in which the plaintiff signed the agreement.
13 Section 5. Paragraph (h) is added to subsection (4) of
14 section 794.011, Florida Statutes, and subsections (9) and
15 (10) of that section are amended, to read:
16 794.011 Sexual battery.--
17 (4) A person who commits sexual battery upon a person
18 12 years of age or older without that person's consent, under
19 any of the following circumstances, commits a felony of the
20 first degree, punishable as provided in s. 775.082, s.
21 775.083, s. 775.084, or s. 794.0115:
22 (h) When the offender is a person who has
23 responsibility for the welfare, guidance, direction,
24 supervision, education, or spiritual well-being of the child.
25 (9) For prosecution under paragraph (4)(g) or (h),
26 acquiescence to a person reasonably believed by the victim to
27 be in a position of authority or control does not constitute
28 consent, and it is not a defense that the perpetrator was not
29 actually in a position of control or authority if the
30 circumstances were such as to lead the victim to reasonably
31 believe that the person was in such a position.
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Florida Senate - 2003 SB 1834
21-1769-03 See HB
1 (10) Any person who falsely accuses any person listed
2 in paragraph (4)(g) or (h) or other person in a position of
3 control or authority as an agent or employee of government of
4 violating paragraph (4)(g) or (h) is guilty of a felony of the
5 third degree, punishable as provided in s. 775.082, s.
6 775.083, or s. 775.084.
7 Section 6. Section 800.05, Florida Statutes, is
8 created to read:
9 800.05 Duty to report lewd and lascivious offenses;
10 penalties.--A person who observes or knows of the commission
11 of lewd and lascivious offenses defined in s. 800.04 and who:
12 (1) Has reasonable grounds to believe that he or she
13 has observed or has knowledge of the commission of a lewd and
14 lascivious offense defined in s. 800.04;
15 (2) Has the present ability to seek assistance for the
16 victim or victims by immediately reporting such offense to a
17 law enforcement officer;
18 (3) Would not be exposed to any threat of physical
19 violence for making such a report; and
20 (4) Fails to make a report
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22 is guilty of a misdemeanor of the first degree, punishable as
23 provided in s. 775.082 or s. 775.083.
24 Section 7. This act shall take effect October 1, 2003.
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