Florida Senate - 2010 SB 92
By Senator Rich
1 A bill to be entitled
2 An act relating to statutes of limitations; providing
3 a short title; amending s. 95.11, F.S.; eliminating
4 the statute of limitations for wrongful death actions
5 for intentional torts resulting in death from acts
6 described in s. 782.04, F.S., relating to murder, or
7 s. 782.07, F.S., relating to manslaughter; providing
8 for application; providing an effective date.
10 Be It Enacted by the Legislature of the State of Florida:
12 Section 1. This act may be cited as the “Jeffrey Klee
13 Memorial Act.”
14 Section 2. Subsection (9) is added to section 95.11,
15 Florida Statutes, to read:
16 95.11 Limitations other than for the recovery of real
17 property.—Actions other than for recovery of real property shall
18 be commenced as follows:
19 (9) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
20 DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph
21 (4)(d), an action for wrongful death seeking damages authorized
22 under s. 768.21 brought against a natural person for an
23 intentional tort resulting in death from acts described in s.
24 782.04 or s. 782.07 may be commenced at any time. This
25 subsection shall not be construed to require an arrest, the
26 filing of formal criminal charges, or a conviction for a
27 violation of s. 782.04 or s. 782.07 as a condition for filing a
28 civil action.
29 Section 3. The amendment to s. 95.11, Florida Statutes,
30 made by this act applies to any claim that is not otherwise
31 time-barred on the effective date of this act.
32 Section 4. This act shall take effect upon becoming a law.