HB 1713

1	A bill to be entitled
2	An act relating to time limitations; amending s. 775.15,
3	F.S.; reorganizing provisions establishing time
4	limitations for prosecuting criminal offenses; clarifying
5	certain provisions; amending s. 922.105, F.S.; conforming
6	a cross reference; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Section 775.15, Florida Statutes, is amended to
11	read:
12	775.15  Time limitations; general time limitations;
13	exceptions.--
14	(1)(a)  A prosecution for a capital felony, a life felony,
15	or a felony that resulted in a death may be commenced at any
16	time. A prosecution for a felony that resulted in injury to any
17	person, when such felony arises from the use of a "destructive
18	device," as defined in s. 790.001, may be commenced within 10
19	years. If the death penalty is held to be unconstitutional by
20	the Florida Supreme Court or the United States Supreme Court,
21	all crimes designated as capital felonies shall be considered
22	life felonies for the purposes of this section, and prosecution
23	for such crimes may be commenced at any time.
24	(b)  Except as otherwise provided in subsection (7), a
25	prosecution for a first or second degree felony violation of s.
26	794.011, if such crime is reported to a law enforcement agency
27	within 72 hours after commission of the crime, may be commenced
28	at any time. If such crime is not reported within 72 hours after
29	the commission of the crime, the prosecution must be commenced
30	within the time periods prescribed in subsection (2).
31	(c)  A prosecution for perjury in an official proceeding
32	that relates to the prosecution of a capital felony may be
33	commenced at any time.
34	(2)  Except as otherwise provided in this section,
35	prosecutions for other offenses are subject to the following
36	periods of limitation:
37	(a)  A prosecution for a felony of the first degree must be
38	commenced within 4 years after it is committed.
39	(b)  A prosecution for any other felony must be commenced
40	within 3 years after it is committed.
41	(c)  A prosecution for a misdemeanor of the first degree
42	must be commenced within 2 years after it is committed.
43	(d)  A prosecution for a misdemeanor of the second degree
44	or a noncriminal violation must be commenced within 1 year after
45	it is committed.
46	(e)  A prosecution for a felony violation of chapter 517 or
47	s. 409.920 must be commenced within 5 years after the violation
48	is committed.
49	(f)  A prosecution for a felony violation of chapter 403
50	must be commenced within 5 years after the date of discovery of
51	the violation.
52	(g)  A prosecution for a felony violation of s. 825.102 or
53	s. 825.103 must be commenced within 5 years after it is
54	committed.
55	(h)  A prosecution for a felony violation of ss. 440.105
56	and 817.234 must be commenced within 5 years after the violation
57	is committed.
58	(3)  If the period prescribed in subsection (2) has
59	expired, a prosecution may nevertheless be commenced for:
60	(a)  Any offense, a material element of which is either
61	fraud or a breach of fiduciary obligation, within 1 year after
62	discovery of the offense by an aggrieved party or by a person
63	who has a legal duty to represent an aggrieved party and who is
64	himself or herself not a party to the offense, but in no case
65	shall this provision extend the period of limitation otherwise
66	applicable by more than 3 years.
67	(b)  Any offense based upon misconduct in office by a
68	public officer or employee at any time when the defendant is in
69	public office or employment, within 2 years from the time he or
70	she leaves public office or employment, or during any time
71	permitted by any other part of this section, whichever time is
72	greater.
73	(3)(4)  An offense is committed either when every element
74	has occurred or, if a legislative purpose to prohibit a
75	continuing course of conduct plainly appears, at the time when
76	the course of conduct or the defendant's complicity therein is
77	terminated. Time starts to run on the day after the offense is
78	committed.
79	(4)(5)(a)  Prosecution on a charge on which the defendant
80	has previously been arrested or served with a summons is
81	commenced by the filing of an indictment, information, or other
82	charging document.
83	(b)  A prosecution on a charge on which the defendant has
84	not previously been arrested or served with a summons is
85	commenced when either an indictment or information is filed,
86	provided the capias, summons, or other process issued on such
87	indictment or information is executed without unreasonable
88	delay. In determining what is reasonable, inability to locate
89	the defendant after diligent search or the defendant's absence
90	from the state shall be considered. The failure to execute
91	process on or extradite a defendant in another state who has
92	been charged by information or indictment with a crime in this
93	state shall not constitute an unreasonable delay.
94	(c)  If, however, an indictment or information has been
95	filed within the time period prescribed in this section and the
96	indictment or information is dismissed or set aside because of a
97	defect in its content or form after the time period has elapsed,
98	the period for commencing prosecution shall be extended 3 months
99	from the time the indictment or information is dismissed or set
100	aside.
101	(5)(6)  The period of limitation does not run during any
102	time when the defendant is continuously absent from the state or
103	has no reasonably ascertainable place of abode or work within
104	the state. This provision shall not extend the period of
105	limitation otherwise applicable by more than 3 years, but shall
106	not be construed to limit the prosecution of a defendant who has
107	been timely charged by indictment or information or other
108	charging document and who has not been arrested due to his or
109	her absence from this state or has not been extradited for
110	prosecution from another state.
111	(6)  A prosecution for perjury in an official proceeding
112	that relates to the prosecution of a capital felony may be
113	commenced at any time.
114	(7)  A prosecution for a felony that resulted in injury to
115	any person, when such felony arises from the use of a
116	"destructive device," as defined in s. 790.001, may be commenced
117	within 10 years.
118	(8)  A prosecution for a felony violation of chapter 517 or
119	s. 409.920 must be commenced within 5 years after the violation
120	is committed.
121	(9)  A prosecution for a felony violation of chapter 403
122	must be commenced within 5 years after the date of discovery of
123	the violation.
124	(10)  A prosecution for a felony violation of s. 825.102 or
125	s. 825.103 must be commenced within 5 years after the violation
126	is committed.
127	(11)  A prosecution for a felony violation of ss. 440.105
128	and 817.234 must be commenced within 5 years after the violation
129	is committed.
130	(12)  If the period prescribed in subsection (2),
131	subsection (8), subsection (9), subsection (10), or subsection
132	(11) has expired, a prosecution may nevertheless be commenced
133	for:
134	(a)  Any offense, a material element of which is either
135	fraud or a breach of fiduciary obligation, within 1 year after
136	discovery of the offense by an aggrieved party or by a person
137	who has a legal duty to represent an aggrieved party and who is
138	himself or herself not a party to the offense, but in no case
139	shall this provision extend the period of limitation otherwise
140	applicable by more than 3 years.
141	(b)  Any offense based upon misconduct in office by a
142	public officer or employee at any time when the defendant is in
143	public office or employment, within 2 years from the time he or
144	she leaves public office or employment, or during any time
145	permitted by any other provision of this section, whichever time
146	is greater.
147	(13)(7)(a)  If the victim of a violation of s. 794.011,
148	former s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04
149	is under the age of 18, the applicable period of limitation, if
150	any, does not begin to run until the victim has reached the age
151	of 18 or the violation is reported to a law enforcement agency
152	or other governmental agency, whichever occurs earlier. Such law
153	enforcement agency or other governmental agency shall promptly
154	report such allegation to the state attorney for the judicial
155	circuit in which the alleged violation occurred. If the offense
156	is a first or second degree felony violation of s. 794.011, and
157	the offense crime is reported within 72 hours after its
158	commission, the prosecution for such offense may be commenced at
159	any time paragraph (1)(b) applies. This paragraph applies to any
160	such offense except an offense the prosecution of which would
161	have been barred by subsection (2) on or before December 31,
162	1984.
163	(b)  Notwithstanding the provisions of paragraph (1)(b) and
164	paragraph (a) of this subsection, If the offense is a first
165	degree felony violation of s. 794.011 and the victim was under
166	18 years of age at the time the offense was committed, a
167	prosecution of the offense may be commenced at any time. This
168	paragraph applies to any such offense except an offense the
169	prosecution of which would have been barred by subsection (2) on
170	or before October 1, 2003.
171	(14)  A prosecution for a first or second degree felony
172	violation of s. 794.011, if the victim is 18 years of age or
173	older at the time of the offense and the offense is reported to
174	a law enforcement agency within 72 hours after commission of the
175	offense, may be commenced at any time. If the offense is not
176	reported within 72 hours after the commission of the offense,
177	the prosecution must be commenced within the time periods
178	prescribed in subsection (2).
179	(15)(8)(a)  In addition to the time periods prescribed in
180	this section, a prosecution for any of the following offenses
181	may be commenced within 1 year after the date on which the
182	identity of the accused is established, or should have been
183	established by the exercise of due diligence, through the
184	analysis of deoxyribonucleic acid (DNA) evidence, if a
185	sufficient portion of the evidence collected at the time of the
186	original investigation and tested for DNA is preserved and
187	available for testing by the accused:
188	1.  An offense of sexual battery under chapter 794.
189	2.  A lewd or lascivious offense under s. 800.04 or s.
190	825.1025.
191	(b)  This subsection applies to any offense that is not
192	otherwise barred from prosecution on or after July 1, 2004.
193	Section 2.  Subsection (8) of section 922.105, Florida
194	Statutes, is amended to read:
195	922.105  Execution of death sentence; prohibition against
196	reduction of death sentence as a result of determination that a
197	method of execution is unconstitutional.--
198	(8)  Notwithstanding s. 775.082(2), s. 775.15(1)(a), or s.
199	790.161(4), or any other provision to the contrary, no sentence
200	of death shall be reduced as a result of a determination that a
201	method of execution is declared unconstitutional under the State
202	Constitution or the Constitution of the United States.  In any
203	case in which an execution method is declared unconstitutional,
204	the death sentence shall remain in force until the sentence can
205	be lawfully executed by any valid method of execution.
206	Section 3.  This act shall take effect July 1, 2005.

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