| 1 | A bill to be entitled |
| 2 | An act relating to the offense of sexual battery on a |
| 3 | minor; amending s. 95.11, F.S.; providing for the time |
| 4 | period for commencing a civil action based upon an act |
| 5 | that constitutes sexual battery upon a minor to be tolled |
| 6 | under certain circumstances; conforming cross references; |
| 7 | amending s. 775.15, F.S.; providing that the time period |
| 8 | for commencing a prosecution for sexual battery upon a |
| 9 | minor does not run during certain specified time periods; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Paragraphs (f) and (g) of subsection (5) of |
| 15 | section 95.11, Florida Statutes, are amended, subsection (8) is |
| 16 | redesignated as subsection (9), and a new subsection (8) is |
| 17 | added to said section, to read: |
| 18 | 95.11 Limitations other than for the recovery of real |
| 19 | property.--Actions other than for recovery of real property |
| 20 | shall be commenced as follows: |
| 21 | (5) WITHIN ONE YEAR.-- |
| 22 | (f) Except for actions described in subsection (9) (8), a |
| 23 | petition for extraordinary writ, other than a petition |
| 24 | challenging a criminal conviction, filed by or on behalf of a |
| 25 | prisoner as defined in s. 57.085. |
| 26 | (g) Except for actions described in subsection (9) (8), an |
| 27 | action brought by or on behalf of a prisoner, as defined in s. |
| 28 | 57.085, relating to the conditions of the prisoner's |
| 29 | confinement. |
| 30 | (8) FOR ACTIONS BASED UPON AN ACT THAT CONSTITUTES SEXUAL |
| 31 | BATTERY UPON A MINOR.--The time period for commencing an action |
| 32 | based on an act upon a victim younger than 18 years of age which |
| 33 | constitutes what is described as sexual battery in s. 794.011 |
| 34 | shall be tolled until the victim becomes 18 years of age or |
| 35 | during any period of time in which it is determined by a medical |
| 36 | practitioner licensed under chapter 458 or chapter 459, or a |
| 37 | mental health professional otherwise licensed in this state for |
| 38 | the treatment of mental, emotional, or behavioral disorders, |
| 39 | that: |
| 40 | (a) It is medically inadvisable or the victim is unable to |
| 41 | disclose information concerning the incident from which the |
| 42 | action arises outside a clinical setting; |
| 43 | (b) It is medically inadvisable for the victim to confront |
| 44 | the alleged perpetrator of the act; or |
| 45 | (c) It is medically inadvisable for the victim to publicly |
| 46 | disclose the incident from which the action arises. |
| 47 | Section 2. Subsections (1) and (7) of section 775.15, |
| 48 | Florida Statutes, are amended to read: |
| 49 | 775.15 Time limitations.-- |
| 50 | (1)(a) A prosecution for a capital felony, a life felony, |
| 51 | or a felony that resulted in a death may be commenced at any |
| 52 | time. A prosecution for a felony that resulted in injury to any |
| 53 | person, when such felony arises from the use of a "destructive |
| 54 | device," as defined in s. 790.001, may be commenced within 10 |
| 55 | years. If the death penalty is held to be unconstitutional by |
| 56 | the Florida Supreme Court or the United States Supreme Court, |
| 57 | all crimes designated as capital felonies shall be considered |
| 58 | life felonies for the purposes of this section, and prosecution |
| 59 | for such crimes may be commenced at any time. |
| 60 | (b) Except as otherwise expressly provided in subsection |
| 61 | (7), a prosecution for a first or second degree felony violation |
| 62 | of s. 794.011, if such crime is reported to a law enforcement |
| 63 | agency within 72 hours after commission of the crime, may be |
| 64 | commenced at any time. If such crime is not reported within 72 |
| 65 | hours after the commission of the crime, the prosecution must be |
| 66 | commenced within the time periods prescribed in subsection (2). |
| 67 | (c) A prosecution for perjury in an official proceeding |
| 68 | that relates to the prosecution of a capital felony may be |
| 69 | commenced at any time. |
| 70 | (7)(a) If the victim of a violation of s. 794.011, former |
| 71 | s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is |
| 72 | under the age of 18, the applicable period of limitation, if |
| 73 | any, does not begin to run until the victim has reached the age |
| 74 | of 18 or the violation is reported to a law enforcement agency |
| 75 | or other governmental agency, whichever occurs earlier. Such law |
| 76 | enforcement agency or other governmental agency shall promptly |
| 77 | report such allegation to the state attorney for the judicial |
| 78 | circuit in which the alleged violation occurred. If the offense |
| 79 | is a first or second degree felony violation of s. 794.011, and |
| 80 | the crime is reported within 72 hours after its commission, |
| 81 | paragraph (1)(b) applies. This paragraph applies to any such |
| 82 | offense except an offense the prosecution of which would have |
| 83 | been barred by subsection (2) on or before December 31, 1984. |
| 84 | (b) Notwithstanding the provisions of paragraph (1)(b) and |
| 85 | paragraph (a) of this subsection, if the offense is a first |
| 86 | degree felony violation of s. 794.011 and the victim was under |
| 87 | 18 years of age at the time the offense was committed, a |
| 88 | prosecution of the offense may be commenced at any time. This |
| 89 | paragraph applies to any such offense except an offense the |
| 90 | prosecution of which would have been barred by subsection (2) on |
| 91 | or before October 1, 2003. |
| 92 | (c) Notwithstanding paragraph (1)(b) and paragraphs (a) |
| 93 | and (b) of this subsection, if the offense is a violation of s. |
| 94 | 794.011 and the victim was younger than 18 years of age at the |
| 95 | time the offense was committed, the period of limitation does |
| 96 | not run during the time the victim is younger than 18 years of |
| 97 | age or during any period of time in which it is determined by a |
| 98 | medical practitioner licensed under chapter 458 or chapter 459, |
| 99 | or a mental health professional otherwise licensed in this state |
| 100 | for the treatment of mental, emotional, or behavioral disorders, |
| 101 | that: |
| 102 | 1. It is medically inadvisable or the victim is unable to |
| 103 | disclose information concerning the alleged incident outside a |
| 104 | clinical setting; |
| 105 | 2. It is medically inadvisable for the victim to confront |
| 106 | the alleged perpetrator; or |
| 107 | 3. It is medically inadvisable for the victim to publicly |
| 108 | disclose the alleged incident. |
| 109 |
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| 110 | This paragraph applies to any such offense except an offense the |
| 111 | prosecution of which would have been barred on or before July 1, |
| 112 | 2005. |
| 113 | Section 3. This act shall take effect July 1, 2005. |