1

A bill to be entitled

2

An act relating to the offense of sexual battery on a

3

minor; amending s. 95.11, F.S.; providing for the time

4

period for commencing a civil action based upon an act

5

that constitutes sexual battery upon a minor to be tolled

6

under certain circumstances; amending s. 775.15, F.S.;

7

providing that the time period for commencing a

8

prosecution for sexual battery upon a minor does not run

9

during the time it is medically inadvisable for the victim

10

to disclose information or confront the alleged

11

perpetrator; providing an effective date.

12

13

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

14

15

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

16

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

17

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

18

     95.11  Limitations other than for the recovery of real

19

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

20

be commenced as follows:

21

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

22

BATTERY UPON A MINOR.--The time period for commencing an action

23

based on an act upon a victim younger than 18 years of age which

24

constitutes what is described as sexual battery in s. 794.011

25

shall be tolled until the victim becomes 18 years of age or

26

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

27

practitioner licensed under chapter 458 or chapter 459, or a

28

mental health professional otherwise licensed in this state for

29

the treatment of mental, emotional, or behavioral disorders,

30

that:

31

     (a) It is medically inadvisable for the victim to disclose,

32

or the victim is unable to disclose, information concerning the

33

incident from which the action arises outside a clinical setting;

34

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

35

the alleged perpetrator of the act; or

36

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

37

disclose the incident from which the action arises.

38

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

39

Statutes, is amended to read:

40

     775.15  Time limitations; general time limitations;

41

exceptions.--

42

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

43

s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is

44

under the age of 18, the applicable period of limitation, if any,

45

does not begin to run until the victim has reached the age of 18

46

or the violation is reported to a law enforcement agency or other

47

governmental agency, whichever occurs earlier. Such law

48

enforcement agency or other governmental agency shall promptly

49

report such allegation to the state attorney for the judicial

50

circuit in which the alleged violation occurred. If the offense

51

is a first or second degree felony violation of s. 794.011, and

52

the offense is reported within 72 hours after its commission, the

53

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

54

paragraph applies to any such offense except an offense the

55

prosecution of which would have been barred by subsection (2) on

56

or before December 31, 1984.

57

     (b)  If the offense is a first degree felony violation of s.

58

794.011 and the victim was under 18 years of age at the time the

59

offense was committed, a prosecution of the offense may be

60

commenced at any time. This paragraph applies to any such offense

61

except an offense the prosecution of which would have been barred

62

by subsection (2) on or before October 1, 2003.

63

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

64

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

65

was committed, the period of limitation does not run during the

66

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

67

period of time in which it is determined by a medical

68

practitioner licensed under chapter 458 or chapter 459, or a

69

mental health professional otherwise licensed in this state for

70

the treatment of mental, emotional, or behavioral disorders,

71

that:

72

     1. It is medically inadvisable for the victim to disclose,

73

or the victim is unable to disclose, information concerning the

74

alleged incident outside a clinical setting;

75

     2. It is medically inadvisable for the victim to confront

76

the alleged perpetrator; or

77

     3. It is medically inadvisable for the victim to publicly

78

disclose the alleged incident.

79

80

This paragraph applies to any such offense except an offense the

81

prosecution of which would have been barred on or before July 1,

82

2008.

83

     Section 3.  This act shall take effect July 1, 2008.