HB 111

1
A bill to be entitled
2An act relating to statutes of limitation for murder and
3manslaughter; providing a short title; amending s. 95.11,
4F.S.; eliminating the statute of limitations in tort for
5murder and manslaughter; providing for the applicability
6of the amendatory provision allowing an unlimited
7limitations period for murder and manslaughter claims;
8amending s. 775.15, F.S.; clarifying that prosecutions of
9specified murder and manslaughter offenses may be
10commenced at any time; providing for the applicability of
11revisions to the limitations period for specified murder
12and manslaughter offenses; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  This act may be cited as the "Jeffrey Klee
17Memorial Act."
18     Section 2.  Paragraphs (a) and (o) of subsection (3),
19paragraph (d) of subsection (4), and subsection (7) of section
2095.11, Florida Statutes, are amended, and subsection (9) is
21added to that section, to read:
22     95.11  Limitations other than for the recovery of real
23property.--Actions other than for recovery of real property
24shall be commenced as follows:
25     (3)  WITHIN FOUR YEARS.--
26     (a)  An action founded on negligence, except as provided in
27subsection (9).
28     (o)  An action for assault, battery, false arrest,
29malicious prosecution, malicious interference, false
30imprisonment, or any other intentional tort, except as provided
31in subsections (4), (5), and (7), and (9).
32     (4)  WITHIN TWO YEARS.--
33     (d)  Except as provided in subsection (9), an action for
34wrongful death.
35     (7)  FOR INTENTIONAL TORTS BASED ON ABUSE.--Except as
36provided in subsection (9), an action founded on alleged abuse,
37as defined in s. 39.01, s. 415.102, or s. 984.03, or incest, as
38defined in s. 826.04, may be commenced at any time within 7
39years after the age of majority, or within 4 years after the
40injured person leaves the dependency of the abuser, or within 4
41years from the time of discovery by the injured party of both
42the injury and the causal relationship between the injury and
43the abuse, whichever occurs later.
44     (9)  MURDER AND MANSLAUGHTER.--An action for murder or
45manslaughter may be commenced at any time.
46     Section 3.  The amendment to section 95.11, Florida
47Statutes, by this act applies to any claim that is not otherwise
48time barred on the effective date of this act.
49     Section 4.  Subsection (1) of section 775.15, Florida
50Statutes, is amended to read:
51     775.15  Time limitations; general time limitations;
52exceptions.--
53     (1)  A prosecution for a capital felony, a life felony, or
54a felony that resulted in a death, including, but not limited
55to, any violation of s. 782.04 or s. 782.07, may be commenced at
56any time. If the death penalty is held to be unconstitutional by
57the Florida Supreme Court or the United States Supreme Court,
58all crimes designated as capital felonies shall be considered
59life felonies for the purposes of this section, and prosecution
60for such crimes may be commenced at any time.
61     Section 5.  The amendment to section 775.15, Florida
62Statutes, by this act applies to any offense listed therein
63regardless of when the offense was committed if prosecution for
64that offense is not otherwise barred on the effective date of
65this act.
66     Section 6.  This act shall take effect upon becoming a law.


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