Senate Bill sb1834c1

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    Florida Senate - 2003                           CS for SB 1834

    By the Committee on Children and Families; and Senator Bennett





    300-2283-03

  1                      A bill to be entitled

  2         An act relating to child abuse and abuse of

  3         vulnerable adults; amending s. 95.11, F.S.;

  4         revising language with respect to the statute

  5         of limitations in certain actions; providing a

  6         time period for suits with respect to

  7         intentional torts based on abuse of a

  8         vulnerable adult, for intentional torts based

  9         upon abuse of a child, and for intentional

10         torts based upon childhood sexual abuse;

11         providing for severability; providing an

12         effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Paragraph (o) of subsection (3) and

17  subsection (7) of section 95.11, Florida Statutes, are

18  amended, present subsection (8) is renumbered as subsection

19  (10) and new subsections (8) and (9) are added to that

20  section, to read:

21         95.11  Limitations other than for the recovery of real

22  property.--Actions other than for recovery of real property

23  shall be commenced as follows:

24         (3)  WITHIN FOUR YEARS.--

25         (o)  An action for assault, battery, false arrest,

26  malicious prosecution, malicious interference, false

27  imprisonment, or any other intentional tort, except as

28  provided in subsections (4), (5), and (7), (9) and (10).

29         (7)  FOR INTENTIONAL TORTS BASED ON ABUSE OF A

30  VULNERABLE ADULT.--Notwithstanding any other provision of law

31  to the contrary:

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    Florida Senate - 2003                           CS for SB 1834
    300-2283-03




 1         (a)  An action founded on alleged abuse, as defined in

 2  s. 39.01, s. 415.102, or s. 984.03, or incest, as defined in

 3  s. 826.04, of a vulnerable adult may be commenced at any time

 4  within 7 years after the age of majority, or within 4 years

 5  after the injured person leaves the dependency of the abuser,

 6  or within 4 years from the time of discovery by the injured

 7  party or by a person who is in a position of trust and

 8  confidence, as defined in s. 415.102, of both the injury and

 9  the causal relationship between the injury and the abuse,

10  whichever occurs later. In any event, the action must be begun

11  within 7 years after the act, event, or occurrence giving rise

12  to the action.

13         (b)  As used in this subsection, the term "vulnerable

14  adult" means a person 18 years of age or older whose ability

15  to perform the normal activities of daily living or to provide

16  for his or her own care or protection is impaired due to a

17  mental, emotional, physical, or developmental disability or

18  dysfunctioning, brain damage, or the infirmities of aging.

19         (8)  FOR INTENTIONAL TORTS BASED ON ABUSE OF A CHILD.--

20         (a)  An action founded on alleged abuse of a child, as

21  defined in s. 39.01 or s. 984.03, or incest, as defined in s.

22  826.04, may be commenced at any time within 7 years after the

23  age of majority, or within 4 years after the injured person

24  leaves the dependency of the abuser, or within 4 years from

25  the time of discovery by the injured party of both the injury

26  and the causal relationship between the injury and the abuse,

27  whichever occurs later.

28         (b)  As used in this subsection, the term "child" means

29  any unmarried person under the age of 18 years who has not

30  been emancipated by order of the court.

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    Florida Senate - 2003                           CS for SB 1834
    300-2283-03




 1         (c)  As used in this subsection, the term "abuse" does

 2  not include sexual abuse.

 3         (9)  FOR INTENTIONAL TORTS BASED ON CHILDHOOD SEXUAL

 4  ABUSE.--

 5         (a)  "Childhood sexual abuse," as used in this

 6  subsection, includes any act committed against the injured

 7  party that occurred when the injured party was under the age

 8  of 18 years and that is defined in s. 39.01, s. 794.011,

 9  s.800.04, s. 827,03, or s. 984.03, or incest, as defined in s.

10  826.04, or any prior laws of this state of similar effect at

11  the time the act was committed. Nothing in this paragraph

12  limits the availability of causes of action permitted under

13  this paragraph, including causes of action against persons or

14  entities other than the alleged perpetrator of the abuse.

15         (b)  An action founded on alleged childhood sexual

16  abuse, as defined in s. 39.01, s. 794.011, s. 800.04, s.

17  827.03, or s. 984.03, or incest, as defined in s. 826.04, may

18  be commenced within 7 years after the age of majority, or

19  within 4 years after the injured person leaves the dependency

20  of the abuser, or within 4 years from the date the injured

21  person discovers or reasonably should have discovered that

22  psychological injury or other illness was caused by the abuse,

23  whichever period expires later, for any of the following

24  actions:

25         1.  An action against any person for committing an act

26  of childhood sexual abuse.

27         2.  An action for liability against any person or

28  entity who owed a duty of care to the injured person, wherein

29  a wrongful, intentional, or negligent act by that person or

30  entity was a legal cause of the childhood sexual abuse that

31  resulted in the harm to the injured person.

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    Florida Senate - 2003                           CS for SB 1834
    300-2283-03




 1         3.  An action for liability against any person or

 2  entity wherein an intentional act by that person or entity was

 3  a legal cause of the childhood sexual abuse that resulted in

 4  the harm to the injured person.

 5         (c)  No action described in subparagraph (b)2. or (b)3.

 6  may be commenced on or after the injured person's 25th

 7  birthday. This paragraph does not apply if the person or

 8  entity, knew or had reason to know of any complaint against an

 9  employee, volunteer, representative, or agent of the entity

10  for unlawful sexual conduct and failed to take reasonable

11  steps to avoid similar acts of unlawful sexual acts in the

12  future. For purposes of this paragraph, providing or requiring

13  counseling is not sufficient, in and of itself, to constitute

14  a reasonable step or reasonable safeguard.

15         (d)  Notwithstanding any other provision of law, any

16  action described in subparagraph (b)2. or subparagraph (b)3.

17  that is permitted to be filed pursuant to paragraph (b) that

18  would otherwise be barred as of January 1, 2004, solely

19  because the applicable statute of limitations has or had

20  expired, is revived, and, in that case, a cause of action may

21  be commenced within 1 year after January 1, 2004. Nothing in

22  this section shall be construed to alter the applicable

23  statute of limitations period of an action that is not time

24  barred as of January 1, 2004.

25         (e)  Paragraph (d) does not apply to either of the

26  following:

27         1.  Any claim that has been litigated to finality on

28  the merits in any court of competent jurisdiction prior to

29  January 1, 2004. Termination of a prior action on the basis of

30  the statute of limitations does not constitute a claim that

31  has been litigated to finality on the merits.

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    Florida Senate - 2003                           CS for SB 1834
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 1         2.  Any written, compromised settlement agreement which

 2  has been entered into between a plaintiff and a defendant

 3  where the plaintiff was represented by an attorney who was

 4  admitted to practice law in this state at the time of the

 5  settlement, and the plaintiff signed the agreement.

 6         (10)(8)  WITHIN 30 DAYS FOR ACTIONS CHALLENGING

 7  CORRECTIONAL DISCIPLINARY PROCEEDINGS.--Any court action

 8  challenging prisoner disciplinary proceedings conducted by the

 9  Department of Corrections pursuant to s. 944.28(2) must be

10  commenced within 30 days after final disposition of the

11  prisoner disciplinary proceedings through the administrative

12  grievance process under chapter 33, Florida Administrative

13  Code.  Any action challenging prisoner disciplinary

14  proceedings shall be barred by the court unless it is

15  commenced within the time period provided by this section.

16         Section 2.  If any provision of this act or its

17  application to any person or circumstance is held invalid, the

18  invalidity does not affect other provisions or applications of

19  the act which can be given effect without the invalid

20  provision or application, and to this end the provisions of

21  this act are severable.

22         Section 3.  This act shall take effect October 1, 2003.

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    Florida Senate - 2003                           CS for SB 1834
    300-2283-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1834

 3                                 

 4  Removes the provisions that shift the list of professionals
    required to report child abuse from the requirement to report
 5  provision to the provision in ch. 39,F.S., requiring the
    reporter to provide his or her name."
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    Removes the addition of priests, rabbis, practitioners of
 7  Christian Science, and ministers of other denominations to the
    list of professionals who are required to provide their names
 8  when reporting child abuse.

 9  Removes the provisions that do not permit the application of
    privileged communication when the communication pertains to
10  child abuse, sexual battery, and lewd and lascivious offenses.

11  Amends the intentional tort based on childhood sexual abuse
    pertaining to actions that may be sought.
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    Removes the elevation of the penalty for sexual battery under
13  certain circumstances.

14  Removes the newly created duty to report lewd and lascivious
    acts.
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    Provides a severability clause.
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