HB 0387 2004
1	A bill to be entitled
2	An act relating to limitations on actions involving abuse
3	of children or vulnerable adults; amending s. 95.11, F.S.;
4	providing an exception to the limitation on actions for
5	negligence in circumstances involving allegations of
6	childhood sexual abuse; providing definitions; revising
7	the limitations for intentional torts based on abuse;
8	providing limitations on actions founded on alleged abuse
9	or incest committed against a vulnerable adult, alleged
10	abuse of a child other than childhood sexual abuse, and
11	alleged childhood sexual abuse; limiting the application
12	of the act; reenacting s. 63.182, F.S., relating to the
13	statute of repose for adoption, to incorporate the
14	amendment to s. 95.11, F.S., in a reference thereto;
15	providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Paragraph (a) of subsection (3) and subsection
20	(7) of section 95.11, Florida Statutes, are amended to read:
21	95.11 Limitations other than for the recovery of real
22	property.--Actions other than for recovery of real property
23	shall be commenced as follows:
24	(3) WITHIN FOUR YEARS.--
25	(a) An action founded on negligence, except that when the
26	action is against any person or entity alleged to owe a duty of
27	care to the injured person and is collateral to an action
28	alleging childhood sexual abuse as described in subsection (7),
29	such action must be commenced within 15 years after the injured
30	person attains the age of majority, within 4 years after the
31	injured person leaves the dependency or care of the person or
32	entity, or within 4 years after the date the injured person,
33	having attained the age of majority, discovers or reasonably
34	should have discovered the causal relationship between the abuse
35	and the significant impairment to his or her physical, mental,
36	or emotional health, whichever date is latest. However, such
37	action shall not commence on or after the injured person's 33rd
38	birthday unless the action is supported by a good faith
39	allegation that the person or, in the case of an entity, a
40	designated representative knew or had reasonable cause to
41	suspect any childhood sexual abuse by any employee, volunteer,
42	representative, or agent of the person or entity and the person
43	or representative failed to notify law enforcement or the
44	statewide central abuse hotline as required by law.
45	(7) FOR INTENTIONAL TORTS BASED ON ABUSE.--
46	(a) Definitions.--For purposes of this subsection:
47	1. "Child" has the same meaning as in s. 39.01.
48	2. "Vulnerable adult" has the same meaning as in s.
49	415.102.
50	3. "Incest" has the same meaning as in s. 826.04.
51	4. "Abuse" with respect to a child includes any act
52	described in the definition of "abuse" in s. 39.01, any act
53	described in the definition of "abuse" in s. 984.03, or the
54	prohibited acts described in s. 827.03.
55	5. "Abuse" with respect to a vulnerable adult has the same
56	meaning as in s. 415.102.
57	6. "Position of trust and confidence" with respect to a
58	vulnerable adult has the same meaning as in s. 415.102.
59	7. "Childhood sexual abuse" means any willful act or
60	threatened act that results in any sexual injury or harm that
61	causes or is likely to cause significant impairment to the
62	physical, mental, or emotional health of a person who was under
63	the age of 18 at the time of such act. "Childhood sexual abuse"
64	also includes those acts described in the definition of "sexual
65	abuse of a child" in s. 39.01, as well as the prohibited acts
66	described in ss. 794.011, 800.04, and 826.04.
67	(b) Abuse of vulnerable adults.--An action founded on
68	alleged abuse, as defined in s. 39.01, s. 415.102, or s. 984.03,
69	or incest, as defined in s. 826.04, committed against a
70	vulnerable adult must may be commenced at any time within 7
71	years after the age of majority, orwithin 4 years after the
72	injured person leaves the care or dependency of the alleged
73	abuser, or within 4 years from the time of discovery by the
74	injured party or by a person other than the alleged abuser who
75	is in a position of trust and confidence with the injured party
76	of both the injury and the causal relationship between the
77	injury and the abuse, whichever date is occurs later. However,
78	in no event shall such action be commenced later than 7 years
79	from the date of the act, incident, or occurrence out of which
80	the cause of action arose.
81	(c) Abuse of a child other than childhood sexual
82	abuse.--Except as provided in paragraph (d), an action founded
83	on alleged abuse of a child must be commenced within 7 years
84	after the injured person attains the age of majority, within 4
85	years after the injured person leaves the dependency or care of
86	the alleged abuser, or within 4 years from the time of discovery
87	by the injured person of both the injury and the causal
88	relationship between the injury and the abuse, whichever date is
89	latest.
90	(d) Childhood sexual abuse.--An action founded on alleged
91	childhood sexual abuse must be commenced within 15 years after
92	the injured person attains the age of majority, within 4 years
93	after the injured person leaves the dependency or care of the
94	alleged abuser, or within 4 years after the date the injured
95	person, having attained the age of majority, discovers or
96	reasonably should have discovered the causal relationship
97	between the abuse and the significant impairment to his or her
98	physical, mental, or emotional health, whichever date is latest.
99	Nothing in this paragraph shall be construed to limit the
100	availability of any cause of action permitted under paragraph
101	(c) or paragraph (3)(a), including such actions commenced
102	against persons or entities other than the alleged perpetrator
103	of the abuse.
104	Section 2. This act does not apply to any written,
105	compromised settlement agreement that has been entered into
106	between a plaintiff and a defendant in which the plaintiff was
107	represented by an attorney who was admitted to practice law in
108	this state at the time of the settlement and the plaintiff
109	signed the agreement.
110	Section 3. For the purpose of incorporating the amendment
111	to section 95.11, Florida Statutes, in a reference thereto,
112	section 63.182, Florida Statutes, is reenacted to read:
113	63.182 Statute of repose.--Notwithstanding s. 95.031 or s.
114	95.11 or any other statute, an action or proceeding of any kind
115	to vacate, set aside, or otherwise nullify a judgment of
116	adoption or an underlying judgment terminating parental rights
117	on any ground may not be filed more than 1 year after entry of
118	the judgment terminating parental rights.
119	Section 4. This act shall take effect October 1, 2004.