| 1 | A bill to be entitled |
| 2 | An act relating to statutes of limitation for murder and |
| 3 | manslaughter; providing a short title; amending s. 95.11, |
| 4 | F.S.; eliminating the statute of limitations in tort for |
| 5 | murder and manslaughter; providing for the applicability |
| 6 | of the amendatory provision allowing an unlimited |
| 7 | limitations period for murder and manslaughter claims; |
| 8 | amending s. 775.15, F.S.; clarifying that prosecutions of |
| 9 | specified murder and manslaughter offenses may be |
| 10 | commenced at any time; providing for the applicability of |
| 11 | revisions to the limitations period for specified murder |
| 12 | and manslaughter offenses; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. This act may be cited as the "Jeffrey Klee |
| 17 | Memorial Act." |
| 18 | Section 2. Paragraphs (a) and (o) of subsection (3), |
| 19 | paragraph (d) of subsection (4), and subsection (7) of section |
| 20 | 95.11, Florida Statutes, are amended, and subsection (9) is |
| 21 | added to that section, to read: |
| 22 | 95.11 Limitations other than for the recovery of real |
| 23 | property.--Actions other than for recovery of real property |
| 24 | shall be commenced as follows: |
| 25 | (3) WITHIN FOUR YEARS.-- |
| 26 | (a) An action founded on negligence, except as provided in |
| 27 | subsection (9). |
| 28 | (o) An action for assault, battery, false arrest, |
| 29 | malicious prosecution, malicious interference, false |
| 30 | imprisonment, or any other intentional tort, except as provided |
| 31 | in subsections (4), (5), and (7), and (9). |
| 32 | (4) WITHIN TWO YEARS.-- |
| 33 | (d) Except as provided in subsection (9), an action for |
| 34 | wrongful death. |
| 35 | (7) FOR INTENTIONAL TORTS BASED ON ABUSE.--Except as |
| 36 | provided in subsection (9), an action founded on alleged abuse, |
| 37 | as defined in s. 39.01, s. 415.102, or s. 984.03, or incest, as |
| 38 | defined in s. 826.04, may be commenced at any time within 7 |
| 39 | years after the age of majority, or within 4 years after the |
| 40 | injured person leaves the dependency of the abuser, or within 4 |
| 41 | years from the time of discovery by the injured party of both |
| 42 | the injury and the causal relationship between the injury and |
| 43 | the abuse, whichever occurs later. |
| 44 | (9) MURDER AND MANSLAUGHTER.--An action for murder or |
| 45 | manslaughter may be commenced at any time. |
| 46 | Section 3. The amendment to section 95.11, Florida |
| 47 | Statutes, by this act applies to any claim that is not otherwise |
| 48 | time barred on the effective date of this act. |
| 49 | Section 4. Subsection (1) of section 775.15, Florida |
| 50 | Statutes, is amended to read: |
| 51 | 775.15 Time limitations; general time limitations; |
| 52 | exceptions.-- |
| 53 | (1) A prosecution for a capital felony, a life felony, or |
| 54 | a felony that resulted in a death, including, but not limited |
| 55 | to, any violation of s. 782.04 or s. 782.07, may be commenced at |
| 56 | any time. If the death penalty is held to be unconstitutional by |
| 57 | the Florida Supreme Court or the United States Supreme Court, |
| 58 | all crimes designated as capital felonies shall be considered |
| 59 | life felonies for the purposes of this section, and prosecution |
| 60 | for such crimes may be commenced at any time. |
| 61 | Section 5. The amendment to section 775.15, Florida |
| 62 | Statutes, by this act applies to any offense listed therein |
| 63 | regardless of when the offense was committed if prosecution for |
| 64 | that offense is not otherwise barred on the effective date of |
| 65 | this act. |
| 66 | Section 6. This act shall take effect upon becoming a law. |