October 22, 2020
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Florida Senate - 2008 SB 1194

By Senator Ring

32-02749-08 20081194__

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A bill to be entitled

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An act relating to the offense of sexual battery on a

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minor; amending s. 95.11, F.S.; providing for the time

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period for commencing a civil action based upon an act

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that constitutes sexual battery upon a minor to be tolled

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under certain circumstances; amending s. 775.15, F.S.;

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providing that the time period for commencing a

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prosecution for sexual battery upon a minor does not run

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during the time it is medically inadvisable for the victim

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to disclose information or confront the alleged

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perpetrator; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Present subsection (8) of section 95.11, Florida

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Statutes, is redesignated as subsection (9), and a new subsection

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(8) is added to that section, to read:

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     95.11  Limitations other than for the recovery of real

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property.--Actions other than for recovery of real property shall

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be commenced as follows:

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     (8) FOR ACTIONS BASED UPON AN ACT THAT CONSTITUTES SEXUAL

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BATTERY UPON A MINOR.--The time period for commencing an action

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based on an act upon a victim younger than 18 years of age which

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constitutes what is described as sexual battery in s. 794.011

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shall be tolled until the victim becomes 18 years of age or

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during any period of time in which it is determined by a medical

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practitioner licensed under chapter 458 or chapter 459, or a

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mental health professional otherwise licensed in this state for

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the treatment of mental, emotional, or behavioral disorders,

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that:

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     (a) It is medically inadvisable for the victim to disclose,

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or the victim is unable to disclose, information concerning the

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incident from which the action arises outside a clinical setting;

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     (b) It is medically inadvisable for the victim to confront

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the alleged perpetrator of the act; or

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     (c) It is medically inadvisable for the victim to publicly

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disclose the incident from which the action arises.

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     Section 2.  Subsection (13) of section 775.15, Florida

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Statutes, is amended to read:

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     775.15  Time limitations; general time limitations;

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exceptions.--

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     (13)(a)  If the victim of a violation of s. 794.011, former

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s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is

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under the age of 18, the applicable period of limitation, if any,

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does not begin to run until the victim has reached the age of 18

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or the violation is reported to a law enforcement agency or other

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governmental agency, whichever occurs earlier. Such law

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enforcement agency or other governmental agency shall promptly

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report such allegation to the state attorney for the judicial

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circuit in which the alleged violation occurred. If the offense

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is a first or second degree felony violation of s. 794.011, and

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the offense is reported within 72 hours after its commission, the

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prosecution for such offense may be commenced at any time. This

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paragraph applies to any such offense except an offense the

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prosecution of which would have been barred by subsection (2) on

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or before December 31, 1984.

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     (b)  If the offense is a first degree felony violation of s.

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794.011 and the victim was under 18 years of age at the time the

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offense was committed, a prosecution of the offense may be

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commenced at any time. This paragraph applies to any such offense

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except an offense the prosecution of which would have been barred

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by subsection (2) on or before October 1, 2003.

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     (c) If the offense is a violation of s. 794.011 and the

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victim was younger than 18 years of age at the time the offense

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was committed, the period of limitation does not run during the

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time the victim is younger than 18 years of age or during any

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period of time in which it is determined by a medical

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practitioner licensed under chapter 458 or chapter 459, or a

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mental health professional otherwise licensed in this state for

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the treatment of mental, emotional, or behavioral disorders,

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that:

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     1. It is medically inadvisable for the victim to disclose,

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or the victim is unable to disclose, information concerning the

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alleged incident outside a clinical setting;

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     2. It is medically inadvisable for the victim to confront

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the alleged perpetrator; or

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     3. It is medically inadvisable for the victim to publicly

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disclose the alleged incident.

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This paragraph applies to any such offense except an offense the

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prosecution of which would have been barred on or before July 1,

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2008.

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     Section 3.  This act shall take effect July 1, 2008.

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

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