Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for CS for HB 903
Ì894320xÎ894320
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: 1/F/3R .
04/29/2025 04:48 PM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Grall moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 108 - 376
4 and insert:
5 Statutes, are amended, and paragraph (i) is added to subsection
6 (5) of that section, to read:
7 95.11 Limitations other than for the recovery of real
8 property.—Actions other than for recovery of real property shall
9 be commenced as follows:
10 (2) WITHIN FIVE YEARS.—
11 (b) A legal or equitable action on a contract, obligation,
12 or liability founded on a written instrument, except for an
13 action to enforce a claim against a payment bond, which shall be
14 governed by the applicable provisions of paragraph (6)(e), s.
15 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an
16 action for a deficiency judgment governed by paragraph (6)(f)
17 (6)(h).
18 (5) WITHIN TWO YEARS.—
19 (i) Except for actions described in subsection (9), or a
20 petition challenging a criminal conviction, all petitions;
21 extraordinary writs; tort actions, including those under s.
22 768.28(14); or other actions which concern any condition of
23 confinement of a prisoner filed by or on behalf of a prisoner as
24 defined in s. 57.085. Any petition, writ, or action brought
25 under this paragraph must be commenced within 2 years after the
26 time the incident, conduct, or conditions occurred or within 2
27 years after the time the incident, conduct, or conditions were
28 discovered, or should have been discovered.
29 (6) WITHIN ONE YEAR.—
30 (f) Except for actions described in subsection (9), a
31 petition for extraordinary writ, other than a petition
32 challenging a criminal conviction, filed by or on behalf of a
33 prisoner as defined in s. 57.085.
34 (g) Except for actions described in subsection (9), an
35 action brought by or on behalf of a prisoner, as defined in s.
36 57.085, relating to the conditions of the prisoner’s
37 confinement.
38 (h) An action to enforce a claim of a deficiency related to
39 a note secured by a mortgage against a residential property that
40 is a one-family to four-family dwelling unit. The limitations
41 period shall commence on the day after the certificate is issued
42 by the clerk of court or the day after the mortgagee accepts a
43 deed in lieu of foreclosure.
44 Section 3. Section 760.701, Florida Statutes, is created to
45 read:
46 760.701 Lawsuits by prisoners.—
47 (1) For the purposes of this section, the term “prisoner”
48 means any person incarcerated or detained in any jail, prison,
49 or other correctional facility, who is accused of, convicted of,
50 sentenced for, or adjudicated delinquent for, violations of
51 criminal law or the terms and conditions of parole, probation,
52 pretrial release, or diversionary program.
53 (2) An action may not be brought by or on behalf of a
54 prisoner relating to the conditions of the prisoner’s
55 confinement under 42 U.S.C. s. 1983, or any other state or
56 federal law, until such administrative remedies as are available
57 are fully exhausted.
58 (3) The court shall on its own motion or on the motion of a
59 party dismiss any action brought relating to the conditions of
60 the prisoner’s confinement under 42 U.S.C. s. 1983, or any other
61 state or federal law, by a prisoner if the court is satisfied
62 that the action is frivolous, malicious, fails to state a claim
63 upon which relief can be granted, or seeks monetary relief from
64 a defendant who is immune from such relief. The court shall
65 review any such action pursuant to s. 57.085(6).
66 (4) An action may not be brought in state court by or on
67 behalf of a prisoner relating to the conditions of the
68 prisoner’s confinement under 42 U.S.C. s. 1983, or any state
69 tort action, for mental or emotional injury suffered while in
70 custody without a prior showing of physical injury or the
71 commission of a sexual act as defined in 18 U.S.C. s. 2246(2).
72 (5) The time for bringing an action which concerns any
73 condition of confinement of a prisoner shall be the limitations
74 period as described in s. 95.11(5)(i).
75 Section 4. Paragraph (d) of subsection (2) of section
76 775.087, Florida Statutes, is amended, paragraph (e) is added to
77 that subsection, paragraph (e) of subsection (3) is redesignated
78 as paragraph (f), paragraph (d) of that subsection is amended, a
79 new paragraph (e) is added to that subsection, and paragraph (a)
80 of subsection (2) and paragraph (a) of subsection (3) are
81 republished, to read:
82 775.087 Possession or use of weapon; aggravated battery;
83 felony reclassification; minimum sentence.—
84 (2)(a)1. Any person who is convicted of a felony or an
85 attempt to commit a felony, regardless of whether the use of a
86 weapon is an element of the felony, and the conviction was for:
87 a. Murder;
88 b. Sexual battery;
89 c. Robbery;
90 d. Burglary;
91 e. Arson;
92 f. Aggravated battery;
93 g. Kidnapping;
94 h. Escape;
95 i. Aircraft piracy;
96 j. Aggravated child abuse;
97 k. Aggravated abuse of an elderly person or disabled adult;
98 l. Unlawful throwing, placing, or discharging of a
99 destructive device or bomb;
100 m. Carjacking;
101 n. Home-invasion robbery;
102 o. Aggravated stalking;
103 p. Trafficking in cannabis, trafficking in cocaine, capital
104 importation of cocaine, trafficking in illegal drugs, capital
105 importation of illegal drugs, trafficking in phencyclidine,
106 capital importation of phencyclidine, trafficking in
107 methaqualone, capital importation of methaqualone, trafficking
108 in amphetamine, capital importation of amphetamine, trafficking
109 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
110 (GHB), trafficking in 1,4-Butanediol, trafficking in
111 Phenethylamines, or other violation of s. 893.135(1);
112 q. Possession of a firearm by a felon; or
113 r. Human trafficking
114
115 and during the commission of the offense, such person actually
116 possessed a “firearm” or “destructive device” as those terms are
117 defined in s. 790.001, shall be sentenced to a minimum term of
118 imprisonment of 10 years, except that a person who is convicted
119 for possession of a firearm by a felon or burglary of a
120 conveyance shall be sentenced to a minimum term of imprisonment
121 of 3 years if such person possessed a “firearm” or “destructive
122 device” during the commission of the offense. However, if an
123 offender who is convicted of the offense of possession of a
124 firearm by a felon has a previous conviction of committing or
125 attempting to commit a felony listed in s. 775.084(1)(b)1. and
126 actually possessed a firearm or destructive device during the
127 commission of the prior felony, the offender shall be sentenced
128 to a minimum term of imprisonment of 10 years.
129 2. Any person who is convicted of a felony or an attempt to
130 commit a felony listed in sub-subparagraphs 1.a.-p. or sub
131 subparagraph 1.r., regardless of whether the use of a weapon is
132 an element of the felony, and during the course of the
133 commission of the felony such person discharged a “firearm” or
134 “destructive device” as defined in s. 790.001 shall be sentenced
135 to a minimum term of imprisonment of 20 years.
136 3. Any person who is convicted of a felony or an attempt to
137 commit a felony listed in sub-subparagraphs 1.a.-p. or sub
138 subparagraph 1.r., regardless of whether the use of a weapon is
139 an element of the felony, and during the course of the
140 commission of the felony such person discharged a “firearm” or
141 “destructive device” as defined in s. 790.001 and, as the result
142 of the discharge, death or great bodily harm was inflicted upon
143 any person, the convicted person shall be sentenced to a minimum
144 term of imprisonment of not less than 25 years and not more than
145 a term of imprisonment of life in prison.
146 (d) It is the intent of the Legislature that offenders who
147 actually possess, carry, display, use, threaten to use, or
148 attempt to use firearms or destructive devices be punished to
149 the fullest extent of the law. The court shall impose, and the
150 minimum term terms of imprisonment required under paragraph (a)
151 imposed pursuant to this subsection shall be imposed for each
152 qualifying felony offense count for which the person is
153 convicted. If the offender is convicted of multiple felony
154 offenses for which paragraph (a) requires the imposition of a
155 minimum term of imprisonment, the court shall impose any such
156 terms term of imprisonment provided for in this subsection
157 consecutively to any other term of imprisonment imposed for any
158 other felony offense.
159 (e) If an offender commits a felony enumerated in
160 subparagraph (a)1. in conjunction with any other felony offense
161 not enumerated in subparagraph (a)1., the court may impose any
162 term of imprisonment provided for in paragraph (a) consecutively
163 to any other term of imprisonment imposed for any other felony
164 offense not enumerated in subparagraph (a)1.
165 (3)(a)1. Any person who is convicted of a felony or an
166 attempt to commit a felony, regardless of whether the use of a
167 firearm is an element of the felony, and the conviction was for:
168 a. Murder;
169 b. Sexual battery;
170 c. Robbery;
171 d. Burglary;
172 e. Arson;
173 f. Aggravated battery;
174 g. Kidnapping;
175 h. Escape;
176 i. Sale, manufacture, delivery, or intent to sell,
177 manufacture, or deliver any controlled substance;
178 j. Aircraft piracy;
179 k. Aggravated child abuse;
180 l. Aggravated abuse of an elderly person or disabled adult;
181 m. Unlawful throwing, placing, or discharging of a
182 destructive device or bomb;
183 n. Carjacking;
184 o. Home-invasion robbery;
185 p. Aggravated stalking;
186 q. Trafficking in cannabis, trafficking in cocaine, capital
187 importation of cocaine, trafficking in illegal drugs, capital
188 importation of illegal drugs, trafficking in phencyclidine,
189 capital importation of phencyclidine, trafficking in
190 methaqualone, capital importation of methaqualone, trafficking
191 in amphetamine, capital importation of amphetamine, trafficking
192 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
193 (GHB), trafficking in 1,4-Butanediol, trafficking in
194 Phenethylamines, or other violation of s. 893.135(1); or
195 r. Human trafficking
196
197 and during the commission of the offense, such person possessed
198 a semiautomatic firearm and its high-capacity detachable box
199 magazine or a machine gun as defined in s. 790.001, shall be
200 sentenced to a minimum term of imprisonment of 15 years.
201 2. Any person who is convicted of a felony or an attempt to
202 commit a felony listed in subparagraph 1., regardless of whether
203 the use of a weapon is an element of the felony, and during the
204 course of the commission of the felony such person discharged a
205 semiautomatic firearm and its high-capacity box magazine or a
206 “machine gun” as defined in s. 790.001 shall be sentenced to a
207 minimum term of imprisonment of 20 years.
208 3. Any person who is convicted of a felony or an attempt to
209 commit a felony listed in subparagraph 1., regardless of whether
210 the use of a weapon is an element of the felony, and during the
211 course of the commission of the felony such person discharged a
212 semiautomatic firearm and its high-capacity box magazine or a
213 “machine gun” as defined in s. 790.001 and, as the result of the
214 discharge, death or great bodily harm was inflicted upon any
215 person, the convicted person shall be sentenced to a minimum
216 term of imprisonment of not less than 25 years and not more than
217 a term of imprisonment of life in prison.
218 (d) It is the intent of the Legislature that offenders who
219 possess, carry, display, use, threaten to use, or attempt to use
220 a semiautomatic firearm and its high-capacity detachable box
221 magazine or a machine gun as defined in s. 790.001 be punished
222 to the fullest extent of the law. The court shall impose, and
223 the minimum term terms of imprisonment required under paragraph
224 (a) imposed pursuant to this subsection shall be imposed for
225 each qualifying felony offense count for which the person is
226 convicted. If the offender is convicted of multiple felony
227 offenses for which paragraph (a) requires the imposition of a
228 minimum term of imprisonment, the court shall impose any such
229 terms term of imprisonment provided for in this subsection
230 consecutively to any other term of imprisonment imposed for any
231 other felony offense.
232 (e) If an offender commits a felony enumerated in
233 subparagraph (a)1. in conjunction with any other felony offense
234 not enumerated in subparagraph (a)1., the court may impose any
235 term of imprisonment provided for in paragraph (a) consecutively
236 to any other term of imprisonment imposed for any other felony
237 offense not enumerated in subparagraph (a)1.
238 (f)(e) As used in this subsection, the term:
239 1. “High-capacity detachable box magazine” means any
240 detachable box magazine, for use in a semiautomatic firearm,
241 which is capable of being loaded with more than 20 centerfire
242 cartridges.
243 2. “Semiautomatic firearm” means a firearm which is capable
244 of firing a series of rounds by separate successive depressions
245 of the trigger and which uses the energy of discharge to perform
246 a portion of the operating cycle.
247 Section 5. Subsection (13) of section 517.191, Florida
248 Statutes, is amended to read:
249 517.191 Enforcement by the Office of Financial Regulation;
250 enforcement by Attorney General.—
251 (13) Notwithstanding s. 95.11(5)(f), An enforcement action
252 brought under this section based on a violation of this chapter
253 or any rule or order issued under this chapter shall be brought
254 within 6 years after the facts giving rise to the cause of
255 action were discovered or should have been discovered with the
256 exercise of due diligence, but not more than 8 years after the
257 date such violation occurred.
258
259 ================= T I T L E A M E N D M E N T ================
260 And the title is amended as follows:
261 Delete lines 7 - 25
262 and insert:
263 providing for a 2-year period of limitation for
264 bringing certain actions relating to the condition of
265 confinement of prisoners; creating s. 760.701, F.S.;
266 defining the term “prisoner”; requiring exhaustion of
267 administrative remedies before certain actions
268 concerning confinement of prisoners may be brought;
269 providing for dismissal of certain actions involving
270 prisoner confinement in certain circumstances;
271 requiring a showing of physical injury or the
272 commission of a certain act as a condition precedent
273 for bringing certain actions relating to prisoner
274 confinement; specifying a time limitation period for
275 bringing an action concerning any condition of
276 confinement; amending s. 775.087, F.S.; providing that
277 prison terms for certain offenses committed in
278 conjunction with another felony offense may be
279 sentenced to be served consecutively; amending s.
280 517.191, F.S.; conforming a provision to changes made
281 by the act;