| 1 | A bill to be entitled |
| 2 | An act relating to statutes of limitation for sexual |
| 3 | battery; amending ss. 95.11 and 775.15, F.S.; eliminating |
| 4 | statutes of limitations to the institution of criminal or |
| 5 | civil actions relating to sexual battery of a child if the |
| 6 | victim is under 16 years of age at the time of the |
| 7 | offense; providing applicability; providing an effective |
| 8 | date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (9) is added to section 95.11, |
| 13 | Florida Statutes, to read: |
| 14 | 95.11 Limitations other than for the recovery of real |
| 15 | property.-Actions other than for recovery of real property shall |
| 16 | be commenced as follows: |
| 17 | (9) SEXUAL BATTERY OFFENSES ON VICTIMS UNDER AGE 16.-An |
| 18 | action related to an act constituting a violation of s. 794.011 |
| 19 | involving a victim who was under the age of 16 at the time of |
| 20 | the act may be commenced at any time. This subsection applies to |
| 21 | any such action other than one which would have been time barred |
| 22 | on or before July 1, 2010. |
| 23 | Section 2. Paragraph (c) is added to subsection (13) of |
| 24 | section 775.15, Florida Statutes, to read: |
| 25 | 775.15 Time limitations; general time limitations; |
| 26 | exceptions.- |
| 27 | (13) |
| 28 | (c) If the offense is a violation of s. 794.011 and the |
| 29 | victim was under 16 years of age at the time the offense was |
| 30 | committed, a prosecution of the offense may be commenced at any |
| 31 | time. This paragraph applies to any such offense except an |
| 32 | offense the prosecution of which would have been barred by |
| 33 | subsection (2) on or before July 1, 2010. |
| 34 | Section 3. This act shall take effect July 1, 2010. |