Bill Text: FL H0001 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Statutes of Limitations [SPSC]

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2010-05-11 - Approved by Governor; Chapter No. 2010-45 [H0001 Detail]

Download: Florida-2010-H0001-Introduced.html
HB 1
1
A bill to be entitled
2An act relating to statutes of limitations; providing a
3short title; amending s. 95.11, F.S.; eliminating the
4statute of limitations for wrongful death actions for
5intentional torts resulting in death from acts described
6in s. 782.04, F.S., relating to murder, or s. 782.07,
7F.S., relating to manslaughter; providing for application;
8providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. This act may be cited as the "Jeffrey Klee
13Memorial Act."
14 Section 2. Subsection (9) is added to section 95.11,
15Florida Statutes, to read:
16 95.11 Limitations other than for the recovery of real
17property.--Actions other than for recovery of real property
18shall be commenced as follows:
19 (9) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
20DESCRIBED IN S. 782.04 OR S. 782.07.--Notwithstanding paragraph
21(4)(d), an action for wrongful death seeking damages authorized
22under s. 768.21 brought against a natural person for an
23intentional tort resulting in death from acts described in s.
24782.04 or s. 782.07 may be commenced at any time. This
25subsection shall not be construed to require an arrest, the
26filing of formal criminal charges, or a conviction for a
27violation of s. 782.04 or s. 782.07 as a condition for filing a
28civil action.
29 Section 3. The amendment to section 95.11, Florida
30Statutes, by this act applies to any claim that is not otherwise
31time barred on the effective date of this act.
32 Section 4. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.
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