Senate Bill sb1900

    Florida Senate - 2006                                  SB 1900

    By Senator Smith





    14-1387-06

  1                      A bill to be entitled

  2         An act relating to limitations on civil

  3         actions; amending s. 772.17, F.S.; providing

  4         that a civil action or proceeding may be

  5         commenced at any time within 10 years after the

  6         conduct in violation of ch. 772, F.S., which

  7         caused the action to accrue; creating s.

  8         772.175, F.S.; requiring that an action for the

  9         recovery of damages for an injury arising out

10         of the commission of a criminal act classified

11         as a felony be commenced no later than 10 years

12         after the offender who inflicted the injury has

13         completed his or her sentence therefor;

14         providing an effective date.

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

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18         Section 1.  Section 772.17, Florida Statutes, is

19  amended to read:

20         772.17  Limitation of actions.--Notwithstanding any

21  other provision of law, a civil action or proceeding under

22  this chapter may be commenced at any time within 10 5 years

23  after the conduct in violation of a provision of this act

24  terminates or the cause of action accrues.  If a criminal

25  prosecution or civil action or other proceeding is brought or

26  intervened in by the state or by the United States to punish,

27  prevent, or restrain any criminal activity or criminal conduct

28  which forms the basis for a civil action under this chapter,

29  the running of the period of limitations prescribed by this

30  section shall be suspended during the pendency of such

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1900
    14-1387-06




 1  prosecution, action, or proceeding and for 2 years following

 2  its termination.

 3         Section 2.  Section 772.175, Florida Statutes, is

 4  created to read:

 5         772.175  Limitations of civil actions for damages

 6  involving criminal acts.--Actions for the recovery of damages

 7  for an injury arising out of the commission of a criminal act

 8  classified as a felony committed by the offender against whom

 9  the action is brought shall be commenced no later than 10

10  years after the offender who inflicted the injury has

11  completed his or her sentence therefor.

12         Section 3.  This act shall take effect July 1, 2006.

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15                          SENATE SUMMARY

16    Provides that a civil action or proceeding may be
      commenced at any time within 10 years after the conduct
17    in violation of ch. 772, F.S., causes an action to
      accrue. Requires that an action for the recovery of
18    damages for an injury arising out of the commission of a
      criminal act classified as a felony be commenced no later
19    than 10 years after the offender who inflicted the injury
      has completed his or her sentence.
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CODING: Words stricken are deletions; words underlined are additions.