HB 1081

1
A bill to be entitled
2An act relating to sexual battery on a minor; amending s.
395.11, F.S.; conforming cross-references; providing for
4the time period for commencing a civil action based upon
5an act that constitutes sexual battery upon a minor to be
6tolled under certain circumstances; limiting the
7application of the tolling; amending s. 775.15, F.S.;
8providing that the time period for commencing a
9prosecution for sexual battery upon a minor does not run
10during certain specified time periods; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraphs (f) and (g) of subsection (5) of
16section 95.11, Florida Statutes, are amended, present subsection
17(8) is renumbered as subsection (9), and a new subsection (8) is
18added to that section, to read:
19     95.11  Limitations other than for the recovery of real
20property.--Actions other than for recovery of real property
21shall be commenced as follows:
22     (5)  WITHIN ONE YEAR.--
23     (f)  Except for actions described in subsection (9) (8), a
24petition for extraordinary writ, other than a petition
25challenging a criminal conviction, filed by or on behalf of a
26prisoner as defined in s. 57.085.
27     (g)  Except for actions described in subsection (9) (8), an
28action brought by or on behalf of a prisoner, as defined in s.
2957.085, relating to the conditions of the prisoner's
30confinement.
31     (8)  FOR ACTIONS BASED UPON AN ACT THAT CONSTITUTES SEXUAL
32BATTERY UPON A MINOR.--The time period for commencing an action
33based on an act upon a victim younger than 18 years of age which
34constitutes what is described as sexual battery in s. 794.011
35shall be tolled until the victim becomes 18 years of age or
36during any period of time in which it is determined by a medical
37practitioner licensed under chapter 458 or chapter 459, a
38psychotherapist licensed under chapter 491, or a psychologist
39licensed under chapter 490, that the victim should not yet:
40     (a)  Disclose information concerning the incident from
41which the action arises outside a clinical setting;
42     (b)  Confront the alleged perpetrator of the act; or
43     (c)  Publicly disclose the incident from which the action
44arises.
45
46This subsection applies only to actions brought against an
47individual tortfeasor who is alleged to have been the actual
48perpetrator and does not apply to actions based on negligence,
49respondeat superior, or any other attempted action against a
50third party who is not alleged to have been the actual
51perpetrator of the alleged abuse, incest, or sexual battery.
52     Section 2.  Subsection (13) of section 775.15, Florida
53Statutes, is amended to read:
54     775.15  Time limitations; general time limitations;
55exceptions.--
56     (13)(a)  If the victim of a violation of s. 794.011, former
57s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is
58under the age of 18, the applicable period of limitation, if
59any, does not begin to run until the victim has reached the age
60of 18 or the violation is reported to a law enforcement agency
61or other governmental agency, whichever occurs earlier. Such law
62enforcement agency or other governmental agency shall promptly
63report such allegation to the state attorney for the judicial
64circuit in which the alleged violation occurred. If the offense
65is a first or second degree felony violation of s. 794.011, and
66the offense is reported within 72 hours after its commission,
67the prosecution for such offense may be commenced at any time.
68This paragraph applies to any such offense except an offense the
69prosecution of which would have been barred by subsection (2) on
70or before December 31, 1984.
71     (b)  If the offense is a first degree felony violation of
72s. 794.011 and the victim was under 18 years of age at the time
73the offense was committed, a prosecution of the offense may be
74commenced at any time. This paragraph applies to any such
75offense except an offense the prosecution of which would have
76been barred by subsection (2) on or before October 1, 2003.
77     (c)  Notwithstanding paragraph (a), if the offense is a
78second or third degree felony violation of s. 794.011 and the
79victim was under 18 years of age at the time the offense was
80committed, the applicable period of limitation, if any, does not
81run during any period of time in which it is determined by a
82medical practitioner licensed under chapter 458 or chapter 459,
83a psychotherapist licensed under chapter 491, or a psychologist
84licensed under chapter 490, that the victim should not yet:
85     1.  Disclose information concerning the incident from which
86the action arises outside a clinical setting;
87     2.  Confront the alleged perpetrator of the act; or
88     3.  Publicly disclose the incident from which the action
89arises.
90
91This paragraph applies to any such offense except an offense the
92prosecution of which would have been barred on or before July 1,
932007.
94     Section 3.  This act shall take effect July 1, 2007.


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