Senate Bill sb7032pb
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Florida Senate - 2005 (PROPOSED COMMITTEE BILL) SPB 7032
FOR CONSIDERATION By the Committee on Criminal Justice
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1 A bill to be entitled
2 An act relating to time limitations; amending
3 s. 775.15, F.S.; reorganizing provisions
4 establishing time limitations for prosecuting
5 criminal offenses; clarifying certain
6 provisions; amending s. 922.105, F.S., relating
7 to execution of sentence; conforming a
8 cross-reference; providing an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Section 775.15, Florida Statutes, is
13 amended to read:
14 775.15 Time limitations; general time limitations;
15 exceptions.--
16 (1)(a) A prosecution for a capital felony, a life
17 felony, or a felony that resulted in a death may be commenced
18 at any time. A prosecution for a felony that resulted in
19 injury to any person, when such felony arises from the use of
20 a "destructive device," as defined in s. 790.001, may be
21 commenced within 10 years. If the death penalty is held to be
22 unconstitutional by the Florida Supreme Court or the United
23 States Supreme Court, all crimes designated as capital
24 felonies shall be considered life felonies for the purposes of
25 this section, and prosecution for such crimes may be commenced
26 at any time.
27 (b) Except as otherwise provided in subsection (7), a
28 prosecution for a first or second degree felony violation of
29 s. 794.011, if such crime is reported to a law enforcement
30 agency within 72 hours after commission of the crime, may be
31 commenced at any time. If such crime is not reported within 72
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Florida Senate - 2005 (PROPOSED COMMITTEE BILL) SPB 7032
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1 hours after the commission of the crime, the prosecution must
2 be commenced within the time periods prescribed in subsection
3 (2).
4 (c) A prosecution for perjury in an official
5 proceeding that relates to the prosecution of a capital felony
6 may be commenced at any time.
7 (2) Except as otherwise provided in this section,
8 prosecutions for other offenses are subject to the following
9 periods of limitation:
10 (a) A prosecution for a felony of the first degree
11 must be commenced within 4 years after it is committed.
12 (b) A prosecution for any other felony must be
13 commenced within 3 years after it is committed.
14 (c) A prosecution for a misdemeanor of the first
15 degree must be commenced within 2 years after it is committed.
16 (d) A prosecution for a misdemeanor of the second
17 degree or a noncriminal violation must be commenced within 1
18 year after it is committed.
19 (e) A prosecution for a felony violation of chapter
20 517 or s. 409.920 must be commenced within 5 years after the
21 violation is committed.
22 (f) A prosecution for a felony violation of chapter
23 403 must be commenced within 5 years after the date of
24 discovery of the violation.
25 (g) A prosecution for a felony violation of s. 825.102
26 or s. 825.103 must be commenced within 5 years after it is
27 committed.
28 (h) A prosecution for a felony violation of ss.
29 440.105 and 817.234 must be commenced within 5 years after the
30 violation is committed.
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Florida Senate - 2005 (PROPOSED COMMITTEE BILL) SPB 7032
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1 (3) If the period prescribed in subsection (2) has
2 expired, a prosecution may nevertheless be commenced for:
3 (a) Any offense, a material element of which is either
4 fraud or a breach of fiduciary obligation, within 1 year after
5 discovery of the offense by an aggrieved party or by a person
6 who has a legal duty to represent an aggrieved party and who
7 is himself or herself not a party to the offense, but in no
8 case shall this provision extend the period of limitation
9 otherwise applicable by more than 3 years.
10 (b) Any offense based upon misconduct in office by a
11 public officer or employee at any time when the defendant is
12 in public office or employment, within 2 years from the time
13 he or she leaves public office or employment, or during any
14 time permitted by any other part of this section, whichever
15 time is greater.
16 (3)(4) An offense is committed either when every
17 element has occurred or, if a legislative purpose to prohibit
18 a continuing course of conduct plainly appears, at the time
19 when the course of conduct or the defendant's complicity
20 therein is terminated. Time starts to run on the day after the
21 offense is committed.
22 (4)(5)(a) Prosecution on a charge on which the
23 defendant has previously been arrested or served with a
24 summons is commenced by the filing of an indictment,
25 information, or other charging document.
26 (b) A prosecution on a charge on which the defendant
27 has not previously been arrested or served with a summons is
28 commenced when either an indictment or information is filed,
29 provided the capias, summons, or other process issued on such
30 indictment or information is executed without unreasonable
31 delay. In determining what is reasonable, inability to locate
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1 the defendant after diligent search or the defendant's absence
2 from the state shall be considered. The failure to execute
3 process on or extradite a defendant in another state who has
4 been charged by information or indictment with a crime in this
5 state shall not constitute an unreasonable delay.
6 (c) If, however, an indictment or information has been
7 filed within the time period prescribed in this section and
8 the indictment or information is dismissed or set aside
9 because of a defect in its content or form after the time
10 period has elapsed, the period for commencing prosecution
11 shall be extended 3 months from the time the indictment or
12 information is dismissed or set aside.
13 (5)(6) The period of limitation does not run during
14 any time when the defendant is continuously absent from the
15 state or has no reasonably ascertainable place of abode or
16 work within the state. This provision shall not extend the
17 period of limitation otherwise applicable by more than 3
18 years, but shall not be construed to limit the prosecution of
19 a defendant who has been timely charged by indictment or
20 information or other charging document and who has not been
21 arrested due to his or her absence from this state or has not
22 been extradited for prosecution from another state.
23 (6) A prosecution for perjury in an official
24 proceeding that relates to the prosecution of a capital felony
25 may be commenced at any time.
26 (7) A prosecution for a felony that resulted in injury
27 to any person, when such felony arises from the use of a
28 "destructive device," as defined in s. 790.001, may be
29 commenced within 10 years.
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Florida Senate - 2005 (PROPOSED COMMITTEE BILL) SPB 7032
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1 (8) A prosecution for a felony violation of chapter
2 517 or s. 409.920 must be commenced within 5 years after the
3 violation is committed.
4 (9) A prosecution for a felony violation of chapter
5 403 must be commenced within 5 years after the date of
6 discovery of the violation.
7 (10) A prosecution for a felony violation of s.
8 825.102 or s. 825.103 must be commenced within 5 years after
9 it is committed.
10 (11) A prosecution for a felony violation of ss.
11 440.105 and 817.234 must be commenced within 5 years after the
12 violation is committed.
13 (12) If the period prescribed in subsection (2) has
14 expired, a prosecution may nevertheless be commenced for:
15 (a) Any offense, a material element of which is either
16 fraud or a breach of fiduciary obligation, within 1 year after
17 discovery of the offense by an aggrieved party or by a person
18 who has a legal duty to represent an aggrieved party and who
19 is himself or herself not a party to the offense, but in no
20 case shall this provision extend the period of limitation
21 otherwise applicable by more than 3 years.
22 (b) Any offense based upon misconduct in office by a
23 public officer or employee at any time when the defendant is
24 in public office or employment, within 2 years from the time
25 he or she leaves public office or employment, or during any
26 time permitted by any other part of this section, whichever
27 time is greater.
28 (13)(7)(a) If the victim of a violation of s. 794.011,
29 former s. 794.05, Florida Statutes 1995, s. 800.04, or s.
30 826.04 is under the age of 18, the applicable period of
31 limitation, if any, does not begin to run until the victim has
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Florida Senate - 2005 (PROPOSED COMMITTEE BILL) SPB 7032
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1 reached the age of 18 or the violation is reported to a law
2 enforcement agency or other governmental agency, whichever
3 occurs earlier. Such law enforcement agency or other
4 governmental agency shall promptly report such allegation to
5 the state attorney for the judicial circuit in which the
6 alleged violation occurred. If the offense is a first or
7 second degree felony violation of s. 794.011, and the offense
8 crime is reported within 72 hours after its commission, the
9 prosecution for such offense may be commenced at any time
10 paragraph (1)(b) applies. This paragraph applies to any such
11 offense except an offense the prosecution of which would have
12 been barred by subsection (2) on or before December 31, 1984.
13 (b) Notwithstanding the provisions of paragraph (1)(b)
14 and paragraph (a) of this subsection, If the offense is a
15 first degree felony violation of s. 794.011 and the victim was
16 under 18 years of age at the time the offense was committed, a
17 prosecution of the offense may be commenced at any time. This
18 paragraph applies to any such offense except an offense the
19 prosecution of which would have been barred by subsection (2)
20 on or before October 1, 2003.
21 (14) A prosecution for a first or second degree felony
22 violation of s. 794.011, if the victim is 18 years of age or
23 older at the time of the offense and the offense is reported
24 to a law enforcement agency within 72 hours after commission
25 of the offense, may be commenced at any time. If the offense
26 is not reported within 72 hours after the commission of the
27 offense, the prosecution must be commenced within the time
28 periods prescribed in subsection (2).
29 (15)(8)(a) In addition to the time periods prescribed
30 in this section, a prosecution for any of the following
31 offenses may be commenced within 1 year after the date on
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Florida Senate - 2005 (PROPOSED COMMITTEE BILL) SPB 7032
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1 which the identity of the accused is established, or should
2 have been established by the exercise of due diligence,
3 through the analysis of deoxyribonucleic acid (DNA) evidence,
4 if a sufficient portion of the evidence collected at the time
5 of the original investigation and tested for DNA is preserved
6 and available for testing by the accused:
7 1. An offense of sexual battery under chapter 794.
8 2. A lewd or lascivious offense under s. 800.04 or s.
9 825.1025.
10 (b) This subsection applies to any offense that is not
11 otherwise barred from prosecution on or after July 1, 2004.
12 Section 2. Subsection (8) of section 922.105, Florida
13 Statutes, is amended to read:
14 922.105 Execution of death sentence; prohibition
15 against reduction of death sentence as a result of
16 determination that a method of execution is
17 unconstitutional.--
18 (8) Notwithstanding s. 775.082(2), s. 775.15(1)(a), or
19 s. 790.161(4), or any other provision to the contrary, no
20 sentence of death shall be reduced as a result of a
21 determination that a method of execution is declared
22 unconstitutional under the State Constitution or the
23 Constitution of the United States. In any case in which an
24 execution method is declared unconstitutional, the death
25 sentence shall remain in force until the sentence can be
26 lawfully executed by any valid method of execution.
27 Section 3. This act shall take effect July 1, 2005.
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Florida Senate - 2005 (PROPOSED COMMITTEE BILL) SPB 7032
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2 SENATE SUMMARY
3 Reorganizes s. 775.15, F.S., which establishes time
limitations for prosecuting criminal offenses, without
4 making any substantive changes.
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