1 | The Criminal Justice Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to the offense of sexual battery on a |
7 | minor; amending s. 95.11, F.S.; providing for the time |
8 | period for commencing a civil action based upon an act |
9 | that constitutes sexual battery upon a minor to be tolled |
10 | under certain circumstances; conforming cross references; |
11 | amending s. 775.15, F.S.; providing that the time period |
12 | for commencing a prosecution for sexual battery upon a |
13 | minor does not run during certain specified time periods; |
14 | providing an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
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18 | Section 1. Paragraphs (f) and (g) of subsection (5) of |
19 | section 95.11, Florida Statutes, are amended, subsection (8) is |
20 | redesignated as subsection (9), and a new subsection (8) is |
21 | added to said section, to read: |
22 | 95.11 Limitations other than for the recovery of real |
23 | property.--Actions other than for recovery of real property |
24 | shall be commenced as follows: |
25 | (5) WITHIN ONE YEAR.-- |
26 | (f) Except for actions described in subsection (9) (8), a |
27 | petition for extraordinary writ, other than a petition |
28 | challenging a criminal conviction, filed by or on behalf of a |
29 | prisoner as defined in s. 57.085. |
30 | (g) Except for actions described in subsection (9) (8), an |
31 | action brought by or on behalf of a prisoner, as defined in s. |
32 | 57.085, relating to the conditions of the prisoner's |
33 | confinement. |
34 | (8) FOR ACTIONS BASED UPON AN ACT THAT CONSTITUTES SEXUAL |
35 | BATTERY UPON A MINOR.--The time period for commencing an action |
36 | based on an act upon a victim younger than 18 years of age which |
37 | constitutes what is described as sexual battery in s. 794.011 |
38 | shall be tolled until the victim becomes 18 years of age or |
39 | during any period of time in which it is determined by a medical |
40 | practitioner licensed under chapter 458 or chapter 459, a |
41 | psychotherapist licensed under chapter 491, or a psychologist |
42 | licensed under chapter 490, that: |
43 | (a) The victim should not yet disclose information |
44 | concerning the incident from which the action arises outside a |
45 | clinical setting; |
46 | (b) The victim should not yet confront the alleged |
47 | perpetrator of the act; or |
48 | (c) The victim should not yet publicly disclose the |
49 | incident from which the action arises. |
50 | Section 2. Subsections (1) and (7) of section 775.15, |
51 | Florida Statutes, are amended to read: |
52 | 775.15 Time limitations.-- |
53 | (1)(a) A prosecution for a capital felony, a life felony, |
54 | or a felony that resulted in a death may be commenced at any |
55 | time. A prosecution for a felony that resulted in injury to any |
56 | person, when such felony arises from the use of a "destructive |
57 | device," as defined in s. 790.001, may be commenced within 10 |
58 | years. If the death penalty is held to be unconstitutional by |
59 | the Florida Supreme Court or the United States Supreme Court, |
60 | all crimes designated as capital felonies shall be considered |
61 | life felonies for the purposes of this section, and prosecution |
62 | for such crimes may be commenced at any time. |
63 | (b) Except as otherwise expressly provided in subsection |
64 | (7), a prosecution for a first or second degree felony violation |
65 | of s. 794.011, if such crime is reported to a law enforcement |
66 | agency within 72 hours after commission of the crime, may be |
67 | commenced at any time. If such crime is not reported within 72 |
68 | hours after the commission of the crime, the prosecution must be |
69 | commenced within the time periods prescribed in subsection (2). |
70 | (c) A prosecution for perjury in an official proceeding |
71 | that relates to the prosecution of a capital felony may be |
72 | commenced at any time. |
73 | (7)(a) If the victim of a violation of s. 794.011, former |
74 | s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is |
75 | under the age of 18, the applicable period of limitation, if |
76 | any, does not begin to run until the victim has reached the age |
77 | of 18 or the violation is reported to a law enforcement agency |
78 | or other governmental agency, whichever occurs earlier. Such law |
79 | enforcement agency or other governmental agency shall promptly |
80 | report such allegation to the state attorney for the judicial |
81 | circuit in which the alleged violation occurred. If the offense |
82 | is a first or second degree felony violation of s. 794.011, and |
83 | the crime is reported within 72 hours after its commission, |
84 | paragraph (1)(b) applies. This paragraph applies to any such |
85 | offense except an offense the prosecution of which would have |
86 | been barred by subsection (2) on or before December 31, 1984. |
87 | (b) Notwithstanding the provisions of paragraph (1)(b) and |
88 | paragraph (a) of this subsection, if the offense is a first |
89 | degree felony violation of s. 794.011 and the victim was under |
90 | 18 years of age at the time the offense was committed, a |
91 | prosecution of the offense may be commenced at any time. This |
92 | paragraph applies to any such offense except an offense the |
93 | prosecution of which would have been barred by subsection (2) on |
94 | or before October 1, 2003. |
95 | (c) Notwithstanding paragraph (1)(b) and paragraphs (a) |
96 | and (b) of this subsection, if the offense is a violation of s. |
97 | 794.011 and the victim was younger than 18 years of age at the |
98 | time the offense was committed, the period of limitation does |
99 | not run during the time the victim is younger than 18 years of |
100 | age or during any period of time in which it is determined by a |
101 | medical practitioner licensed under chapter 458 or chapter 459, |
102 | a psychotherapist licensed under chapter 491, or a psychologist |
103 | licensed under chapter 490, that: |
104 | 1. The victim should not yet disclose information |
105 | concerning the alleged incident outside a clinical setting; |
106 | 2. The victim should not yet confront the alleged |
107 | perpetrator of the act; or |
108 | 3. The victim should not yet publicly disclose the alleged |
109 | incident. |
110 |
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111 | This paragraph applies to any such offense except an offense the |
112 | prosecution of which would have been barred on or before July 1, |
113 | 2005. |
114 | Section 3. This act shall take effect July 1, 2005. |