Bill Text: FL S0092 | 2010 | Regular Session | Introduced

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Bill Title: Statutes of Limitations/Wrongful Death Actions [SPSC]

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-04-21 - Placed on Special Order Calendar; Read 2nd time -SJ 00687; Substituted HB 1 -SJ 00687; Laid on Table, companion bill(s) passed, see HB 1 (Ch. 2010-45) -SJ 00687 [S0092 Detail]

Download: Florida-2010-S0092-Introduced.html

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       Florida Senate - 2010                                      SB 92 
        
       By Senator Rich 
       34-00054-10                                             201092__ 
    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. 
    9   
   10  Be It Enacted by the Legislature of the State of Florida: 
   11   
   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.