1 | Representative Greenstein offered the following: |
2 |
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3 | Amendment (with title amendments) |
4 | Between lines 15 and 16, insert: |
5 | Section 1. Subsection (9) is added to section 95.11, |
6 | Florida Statutes, to read: |
7 | 95.11 Limitations other than for the recovery of real |
8 | property.--Actions other than for recovery of real property |
9 | shall be commenced as follows: |
10 | (9) FOR ACTIONS BASED UPON AN ACT THAT CONSTITUTES SEXUAL |
11 | BATTERY UPON A MINOR.--The time for commencing an action founded |
12 | on an act committed against a victim less than 18 years of age |
13 | that constitutes sexual battery under s. 794.011 shall be tolled |
14 | until the victim attains the age of 18. The time for commencing |
15 | such action shall also be tolled during any period of time in |
16 | which a medical practitioner who is licensed under chapter 458 |
17 | or chapter 459 or a mental health professional who is otherwise |
18 | licensed in this state to treat mental, emotional, or behavioral |
19 | disorders determines that: |
20 | (a) It is medically inadvisable for the victim to disclose |
21 | the information concerning the incident from which the action |
22 | arises, or the victim is unable to disclose such information |
23 | outside a clinical setting; |
24 | (b) It is medically inadvisable for the victim to confront |
25 | the alleged perpetrator of the act from which the action arises; |
26 | or |
27 | (c) It is medically inadvisable for the victim to publicly |
28 | disclose the incident from which the action arises. |
29 |
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30 | ================ T I T L E A M E N D M E N T ============= |
31 | Between lines 6 and 7, insert: |
32 | 95.11, F.S.; providing for the tolling of the time for |
33 | commencing actions arising from acts that constitute sexual |
34 | battery upon a minor in certain circumstances; amending s. |