Florida Senate - 2009                              CS for SB 388
       
       
       
       By the Committee on Criminal Justice; and Senator Ring
       
       
       
       
       591-02385-09                                           2009388c1
    1                        A bill to be entitled                      
    2         An act relating to statutes of limitations; providing
    3         a short title; amending s. 95.11, F.S.; eliminating
    4         the statute of limitations for wrongful death actions
    5         for intentional torts resulting in death from acts
    6         described in s. 782.04, F.S., relating to murder, or
    7         s. 782.07, F.S., relating to manslaughter; providing
    8         for application; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. This act may be cited as the “Jeffrey Klee
   13  Memorial Act.”
   14         Section 2. Subsection (9) is added to section 95.11,
   15  Florida Statutes, to read:
   16         95.11 Limitations other than for the recovery of real
   17  property.—Actions other than for recovery of real property shall
   18  be commenced as follows:
   19         (9) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
   20  DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph
   21  (4)(d), an action for wrongful death seeking damages authorized
   22  under s. 768.21 brought against a natural person for an
   23  intentional tort resulting in death from acts described in s.
   24  782.04 or s. 782.07 may be commenced at any time. This
   25  subsection shall not be construed to require an arrest, the
   26  filing of formal criminal charges, or a conviction for a
   27  violation of s. 782.04 or s. 782.07 as a condition for filing a
   28  civil action.
   29         Section 3. The amendment to section 95.11, Florida
   30  Statutes, made by this act applies to any claim that is not
   31  otherwise time barred on the effective date of this act.
   32         Section 4. This act shall take effect upon becoming a law.