Senate Bill sb2680

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    Florida Senate - 2004                                  SB 2680

    By Senator Aronberg





    27-1440-04                                          See HB 387

  1                      A bill to be entitled

  2         An act relating to limitations on actions

  3         involving abuse of children or vulnerable

  4         adults; amending s. 95.11, F.S.; providing an

  5         exception to the limitation on actions for

  6         negligence in circumstances involving

  7         allegations of childhood sexual abuse;

  8         providing definitions; revising the limitations

  9         for intentional torts based on abuse; providing

10         limitations on actions founded on alleged abuse

11         or incest committed against a vulnerable adult,

12         alleged abuse of a child other than childhood

13         sexual abuse, and alleged childhood sexual

14         abuse; limiting the application of the act;

15         reenacting s. 63.182, F.S., relating to the

16         statute of repose for adoption, to incorporate

17         the amendment to s. 95.11, F.S., in a reference

18         thereto; providing an effective date.

19  

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

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22         Section 1.  Paragraph (a) of subsection (3) and

23  subsection (7) of section 95.11, Florida Statutes, are amended

24  to read:

25         95.11  Limitations other than for the recovery of real

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

27  shall be commenced as follows:

28         (3)  WITHIN FOUR YEARS.--

29         (a)  An action founded on negligence, except that when

30  the action is against any person or entity alleged to owe a

31  duty of care to the injured person and is collateral to an

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    Florida Senate - 2004                                  SB 2680
    27-1440-04                                          See HB 387




 1  action alleging childhood sexual abuse as described in

 2  subsection (7), such action must be commenced within 15 years

 3  after the injured person attains the age of majority, within 4

 4  years after the injured person leaves the dependency or care

 5  of the person or entity, or within 4 years after the date the

 6  injured person, having attained the age of majority, discovers

 7  or reasonably should have discovered the causal relationship

 8  between the abuse and the significant impairment to his or her

 9  physical, mental, or emotional health, whichever date is

10  latest. However, such action shall not commence on or after

11  the injured person's 33rd birthday unless the action is

12  supported by a good faith allegation that the person or, in

13  the case of an entity, a designated representative knew or had

14  reasonable cause to suspect any childhood sexual abuse by any

15  employee, volunteer, representative, or agent of the person or

16  entity and the person or representative failed to notify law

17  enforcement or the statewide central abuse hotline as required

18  by law.

19         (7)  FOR INTENTIONAL TORTS BASED ON ABUSE.--

20         (a)  Definitions.--For purposes of this subsection:

21         1.  "Child" has the same meaning as in s. 39.01.

22         2.  "Vulnerable adult" has the same meaning as in s.

23  415.102.

24         3.  "Incest" has the same meaning as in s. 826.04.

25         4.  "Abuse" with respect to a child includes any act

26  described in the definition of "abuse" in s. 39.01, any act

27  described in the definition of "abuse" in s. 984.03, or the

28  prohibited acts described in s. 827.03.

29         5.  "Abuse" with respect to a vulnerable adult has the

30  same meaning as in s. 415.102.

31  

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    Florida Senate - 2004                                  SB 2680
    27-1440-04                                          See HB 387




 1         6.  "Position of trust and confidence" with respect to

 2  a vulnerable adult has the same meaning as in s. 415.102.

 3         7.  "Childhood sexual abuse" means any willful act or

 4  threatened act that results in any sexual injury or harm that

 5  causes or is likely to cause significant impairment to the

 6  physical, mental, or emotional health of a person who was

 7  under the age of 18 at the time of such act. "Childhood sexual

 8  abuse" also includes those acts described in the definition of

 9  "sexual abuse of a child" in s. 39.01, as well as the

10  prohibited acts described in ss. 794.011, 800.04, and 826.04.

11         (b)  Abuse of vulnerable adults.--An action founded on

12  alleged abuse, as defined in s. 39.01, s. 415.102, or s.

13  984.03, or incest, as defined in s. 826.04, committed against

14  a vulnerable adult must may be commenced at any time within 7

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

16  injured person leaves the care or dependency of the alleged

17  abuser, or within 4 years from the time of discovery by the

18  injured party or by a person other than the alleged abuser who

19  is in a position of trust and confidence with the injured

20  party of both the injury and the causal relationship between

21  the injury and the abuse, whichever date is occurs later.

22  However, in no event shall such action be commenced later than

23  7 years from the date of the act, incident, or occurrence out

24  of which the cause of action arose.

25         (c)  Abuse of a child other than childhood sexual

26  abuse.--Except as provided in paragraph (d), an action founded

27  on alleged abuse of a child must be commenced within 7 years

28  after the injured person attains the age of majority, within 4

29  years after the injured person leaves the dependency or care

30  of the alleged abuser, or within 4 years from the time of

31  discovery by the injured person of both the injury and the

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    Florida Senate - 2004                                  SB 2680
    27-1440-04                                          See HB 387




 1  causal relationship between the injury and the abuse,

 2  whichever date is latest.

 3         (d)  Childhood sexual abuse.--An action founded on

 4  alleged childhood sexual abuse must be commenced within 15

 5  years after the injured person attains the age of majority,

 6  within 4 years after the injured person leaves the dependency

 7  or care of the alleged abuser, or within 4 years after the

 8  date the injured person, having attained the age of majority,

 9  discovers or reasonably should have discovered the causal

10  relationship between the abuse and the significant impairment

11  to his or her physical, mental, or emotional health, whichever

12  date is latest. Nothing in this paragraph shall be construed

13  to limit the availability of any cause of action permitted

14  under paragraph (c) or paragraph (3)(a), including such

15  actions commenced against persons or entities other than the

16  alleged perpetrator of the abuse.

17         Section 2.  This act does not apply to any written,

18  compromised settlement agreement that has been entered into

19  between a plaintiff and a defendant in which the plaintiff was

20  represented by an attorney who was admitted to practice law in

21  this state at the time of the settlement and the plaintiff

22  signed the agreement.

23         Section 3.  For the purpose of incorporating the

24  amendment to section 95.11, Florida Statutes, in a reference

25  thereto, section 63.182, Florida Statutes, is reenacted to

26  read:

27         63.182  Statute of repose.--Notwithstanding s. 95.031

28  or s. 95.11 or any other statute, an action or proceeding of

29  any kind to vacate, set aside, or otherwise nullify a judgment

30  of adoption or an underlying judgment terminating parental

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    Florida Senate - 2004                                  SB 2680
    27-1440-04                                          See HB 387




 1  rights on any ground may not be filed more than 1 year after

 2  entry of the judgment terminating parental rights.

 3         Section 4.  This act shall take effect October 1, 2004.

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