| 1 | A bill to be entitled |
| 2 | An act relating to sexual battery on a minor; amending s. |
| 3 | 95.11, F.S.; conforming cross-references; providing for |
| 4 | the time period for commencing a civil action based upon |
| 5 | an act that constitutes sexual battery upon a minor to be |
| 6 | tolled under certain circumstances; limiting the |
| 7 | application of the tolling; amending s. 775.15, F.S.; |
| 8 | providing that the time period for commencing a |
| 9 | prosecution for sexual battery upon a minor does not run |
| 10 | during certain specified time periods; providing an |
| 11 | effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Paragraphs (f) and (g) of subsection (5) of |
| 16 | section 95.11, Florida Statutes, are amended, present subsection |
| 17 | (8) is renumbered as subsection (9), and a new subsection (8) is |
| 18 | added to that section, to read: |
| 19 | 95.11 Limitations other than for the recovery of real |
| 20 | property.--Actions other than for recovery of real property |
| 21 | shall be commenced as follows: |
| 22 | (5) WITHIN ONE YEAR.-- |
| 23 | (f) Except for actions described in subsection (9) (8), a |
| 24 | petition for extraordinary writ, other than a petition |
| 25 | challenging a criminal conviction, filed by or on behalf of a |
| 26 | prisoner as defined in s. 57.085. |
| 27 | (g) Except for actions described in subsection (9) (8), an |
| 28 | action brought by or on behalf of a prisoner, as defined in s. |
| 29 | 57.085, relating to the conditions of the prisoner's |
| 30 | confinement. |
| 31 | (8) FOR ACTIONS BASED UPON AN ACT THAT CONSTITUTES SEXUAL |
| 32 | BATTERY UPON A MINOR.--The time period for commencing an action |
| 33 | based on an act upon a victim younger than 18 years of age which |
| 34 | constitutes what is described as sexual battery in s. 794.011 |
| 35 | shall be tolled until the victim becomes 18 years of age or |
| 36 | during any period of time in which it is determined by a medical |
| 37 | practitioner licensed under chapter 458 or chapter 459, a |
| 38 | psychotherapist licensed under chapter 491, or a psychologist |
| 39 | licensed under chapter 490, that the victim should not yet: |
| 40 | (a) Disclose information concerning the incident from |
| 41 | which the action arises outside a clinical setting; |
| 42 | (b) Confront the alleged perpetrator of the act; or |
| 43 | (c) Publicly disclose the incident from which the action |
| 44 | arises. |
| 45 |
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| 46 | This subsection applies only to actions brought against an |
| 47 | individual tortfeasor who is alleged to have been the actual |
| 48 | perpetrator and does not apply to actions based on negligence, |
| 49 | respondeat superior, or any other attempted action against a |
| 50 | third party who is not alleged to have been the actual |
| 51 | perpetrator of the alleged abuse, incest, or sexual battery. |
| 52 | Section 2. Subsection (13) of section 775.15, Florida |
| 53 | Statutes, is amended to read: |
| 54 | 775.15 Time limitations; general time limitations; |
| 55 | exceptions.-- |
| 56 | (13)(a) If the victim of a violation of s. 794.011, former |
| 57 | s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is |
| 58 | under the age of 18, the applicable period of limitation, if |
| 59 | any, does not begin to run until the victim has reached the age |
| 60 | of 18 or the violation is reported to a law enforcement agency |
| 61 | or other governmental agency, whichever occurs earlier. Such law |
| 62 | enforcement agency or other governmental agency shall promptly |
| 63 | report such allegation to the state attorney for the judicial |
| 64 | circuit in which the alleged violation occurred. If the offense |
| 65 | is a first or second degree felony violation of s. 794.011, and |
| 66 | the offense is reported within 72 hours after its commission, |
| 67 | the prosecution for such offense may be commenced at any time. |
| 68 | This paragraph applies to any such offense except an offense the |
| 69 | prosecution of which would have been barred by subsection (2) on |
| 70 | or before December 31, 1984. |
| 71 | (b) If the offense is a first degree felony violation of |
| 72 | s. 794.011 and the victim was under 18 years of age at the time |
| 73 | the offense was committed, a prosecution of the offense may be |
| 74 | commenced at any time. This paragraph applies to any such |
| 75 | offense except an offense the prosecution of which would have |
| 76 | been barred by subsection (2) on or before October 1, 2003. |
| 77 | (c) Notwithstanding paragraph (a), if the offense is a |
| 78 | second or third degree felony violation of s. 794.011 and the |
| 79 | victim was under 18 years of age at the time the offense was |
| 80 | committed, the applicable period of limitation, if any, does not |
| 81 | run during any period of time in which it is determined by a |
| 82 | medical practitioner licensed under chapter 458 or chapter 459, |
| 83 | a psychotherapist licensed under chapter 491, or a psychologist |
| 84 | licensed under chapter 490, that the victim should not yet: |
| 85 | 1. Disclose information concerning the incident from which |
| 86 | the action arises outside a clinical setting; |
| 87 | 2. Confront the alleged perpetrator of the act; or |
| 88 | 3. Publicly disclose the incident from which the action |
| 89 | arises. |
| 90 |
|
| 91 | This paragraph applies to any such offense except an offense the |
| 92 | prosecution of which would have been barred on or before July 1, |
| 93 | 2007. |
| 94 | Section 3. This act shall take effect July 1, 2007. |