Bill Text: FL S1768 | 2022 | Regular Session | Introduced

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Bill Title: Statutes of Limitations

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2022-03-14 - Died in Judiciary [S1768 Detail]

Download: Florida-2022-S1768-Introduced.html

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       Florida Senate - 2022                                    SB 1768
       
       
        
       By Senator Book
       
       
       
       
       
       32-00153B-22                                          20221768__
    1                        A bill to be entitled                      
    2         An act relating to statutes of limitations; amending
    3         s. 95.11, F.S.; eliminating the statute of limitations
    4         period for civil actions for certain sexual offenses;
    5         providing applicability; superseding specified
    6         requirements for actions against the state or its
    7         subdivisions; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (9) of section 95.11, Florida
   12  Statutes, is amended to read:
   13         95.11 Limitations other than for the recovery of real
   14  property.—Actions other than for recovery of real property shall
   15  be commenced as follows:
   16         (9) SEXUAL BATTERY OFFENSES ON VICTIMS UNDER AGE 16.—
   17         (a) An action related to an act constituting a violation of
   18  s. 794.011 involving a victim who was younger than under the age
   19  of 16 at the time of the act may be commenced at any time. This
   20  paragraph subsection applies to any such action other than one
   21  which would have been time barred on or before July 1, 2010.
   22         (b)1. Except as provided in paragraph (a), an action
   23  related to an act constituting a violation of s. 794.011, s.
   24  800.02, s. 800.03, s. 800.101, s. 827.071, s. 847.011(1)(c), s.
   25  847.012, s. 847.013, or s. 847.0135 may be commenced at any
   26  time. This paragraph applies to any such action other than one
   27  that would have been time barred on or before July 1, 2022.
   28         2. As to any action against the state or its agencies and
   29  subdivisions to which this paragraph applies:
   30         a. The time limitation in s. 768.28(6)(a) for presenting a
   31  claim in writing to the agency and the Department of Financial
   32  Services does not apply and is expressly superseded.
   33         b. The limitations period in s. 768.28(14) does not apply
   34  and is expressly superseded.
   35         Section 2. This act shall take effect upon becoming a law.