Senate Bill sb2246

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    Florida Senate - 2007                                  SB 2246

    By Senator Ring





    32-1061-07

  1                      A bill to be entitled

  2         An act relating to the offense of sexual

  3         battery on a minor; amending s. 95.11, F.S.;

  4         providing for the time period for commencing a

  5         civil action based upon an act that constitutes

  6         sexual battery upon a minor to be tolled under

  7         certain circumstances; amending s. 775.15,

  8         F.S.; providing that the time period for

  9         commencing a prosecution for sexual battery

10         upon a minor does not run during certain

11         specified time periods; providing an effective

12         date.

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

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16         Section 1.  Present subsection (8) of section 95.11,

17  Florida Statutes, is redesignated as subsection (9), and a new

18  subsection (8) is added to that section, to read:

19         95.11  Limitations other than for the recovery of real

20  property.--Actions other than for recovery of real property

21  shall be commenced as follows:

22         (8)  FOR ACTIONS BASED UPON AN ACT THAT CONSTITUTES

23  SEXUAL BATTERY UPON A MINOR.--The time period for commencing

24  an action based on an act upon a victim younger than 18 years

25  of age which constitutes what is described as sexual battery

26  in s. 794.011 shall be tolled until the victim becomes 18

27  years of age or during any period of time in which it is

28  determined by a medical practitioner licensed under chapter

29  458 or chapter 459, or a mental health professional otherwise

30  licensed in this state for the treatment of mental, emotional,

31  or behavioral disorders, that:

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    Florida Senate - 2007                                  SB 2246
    32-1061-07




 1         (a)  It is medically inadvisable for the victim to

 2  disclose, or the victim is unable to disclose, information

 3  concerning the incident from which the action arises outside a

 4  clinical setting;

 5         (b)  It is medically inadvisable for the victim to

 6  confront the alleged perpetrator of the act; or

 7         (c)  It is medically inadvisable for the victim to

 8  publicly disclose the incident from which the action arises.

 9         Section 2.  Subsection (13) of section 775.15, Florida

10  Statutes, is amended to read:

11         775.15  Time limitations; general time limitations;

12  exceptions.--

13         (13)(a)  If the victim of a violation of s. 794.011,

14  former s. 794.05, Florida Statutes 1995, s. 800.04, or s.

15  826.04 is under the age of 18, the applicable period of

16  limitation, if any, does not begin to run until the victim has

17  reached the age of 18 or the violation is reported to a law

18  enforcement agency or other governmental agency, whichever

19  occurs earlier. Such law enforcement agency or other

20  governmental agency shall promptly report such allegation to

21  the state attorney for the judicial circuit in which the

22  alleged violation occurred. If the offense is a first or

23  second degree felony violation of s. 794.011, and the offense

24  is reported within 72 hours after its commission, the

25  prosecution for such offense may be commenced at any time.

26  This paragraph applies to any such offense except an offense

27  the prosecution of which would have been barred by subsection

28  (2) on or before December 31, 1984.

29         (b)  If the offense is a first degree felony violation

30  of s. 794.011 and the victim was under 18 years of age at the

31  time the offense was committed, a prosecution of the offense

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    Florida Senate - 2007                                  SB 2246
    32-1061-07




 1  may be commenced at any time. This paragraph applies to any

 2  such offense except an offense the prosecution of which would

 3  have been barred by subsection (2) on or before October 1,

 4  2003.

 5         (c)  If the offense is a violation of s. 794.011 and

 6  the victim was younger than 18 years of age at the time the

 7  offense was committed, the period of limitation does not run

 8  during the time the victim is younger than 18 years of age or

 9  during any period of time in which it is determined by a

10  medical practitioner licensed under chapter 458 or chapter

11  459, or a mental health professional otherwise licensed in

12  this state for the treatment of mental, emotional, or

13  behavioral disorders, that:

14         1.  It is medically inadvisable for the victim to

15  disclose, or the victim is unable to disclose, information

16  concerning the alleged incident outside a clinical setting;

17         2.  It is medically inadvisable for the victim to

18  confront the alleged perpetrator; or

19         3.  It is medically inadvisable for the victim to

20  publicly disclose the alleged incident.

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22  This paragraph applies to any such offense except an offense

23  the prosecution of which would have been barred on or before

24  July 1, 2007.

25         Section 3.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                                  SB 2246
    32-1061-07




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 2                          SENATE SUMMARY

 3    Provides for tolling the time for commencing a civil
      action based upon an act of sexual battery upon a minor,
 4    or prosecuting the offense of sexual battery upon a
      minor, until the victim becomes 18 years of age or during
 5    any period in which it is medically inadvisable for the
      victim to disclose information concerning the incident,
 6    confront the perpetrator, or publicly disclose the
      incident. (See bill for details.)
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