Here Is What Is Happening In Florida
Civil Statute of Limitations
Discovery Rule: No
Limitations Period: None for sexual batteries committed against victims under 16
Age 18 + 7 years for sexual abuse claims generally
Age 18 + 4 years for negligence
Tolling: Yes
  • No Statute Of Limitations for Victims under 16 None for sexual batteries committed against victims under 16 years old. Fla. Stat. Ann. § 95.11 (10).

  • Delayed Statute of Limitations for Actions Based on Sexual Abuse or Incest Against Minors : 18 years old plus 7 years for sexual abuse claims generally (“within 7 years after the age of majority, or within 4 years after the injured person leaves the dependency of the abuser”). Fla. Stat. Ann. § 95.11(7).

  • Negligence: 4 years for negligence. Fla. Stat. Ann. § 95.11(3)(a)

  • Discovery Rule : 4 years from the date a victim knew or should have known that the injury and abuse were causally connected. Id. The recovery of repressed memories of abuse also qualifies as such as “discovery.” Hearndon v. Graham, 767 So. 2d 1179 (Fla. 2000).
Criminal Statute of Limitations
Limitations Period:

None for 1st degree sexual battery (defined by Fla. Stat. § 794.011) for victims abused when they were under 18; for other charges of sexual battery (defined by Fla. Stat. § 794.011) for victims abused when they were under 16; for capital, and life felonies
3 or 4 years for other felonies
2 years for most misdemeanors
Tolling: Yes
Exceptions  Yes

  • No Statute of Limitations for Serious Sexual Crimes and Some Felonies Committed Against Minors; 4 or 3 years for Other Felonies; 2 for Most Misdemeanors:
    • Capital and life felonies may be prosecuted at any time, as may any first-degree felonious sexual battery committed against a victim less than 18 years old. Fla. Stat. §§ 775.15(1), (14).

    • Sexual battery against a victim less than 12 years old is a capital felony, §§ 794.011(2)(a), (8)(c), while first-degree sexual batteries include those committed by a person in familial or custodial authority, § 794.011(8)(b), and those committed with force or violence, § 794.011(4).

    • If the offense is a violation of § 794.011 and the victim was under 16 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time.

    • Other first-degree felonies, which have an statute of limitations of 4 years, § 775.15, include aggravated child abuse, § 827.03.

    • Felonies that may be prosecuted for 3 years include incest, § 826.04, child abuse that does not cause great bodily harm, § 827.03(1), and non-violent sexual battery, § 794.011(5).

    • Luring a child under 12 for an unlawful purpose is a first-degree misdemeanor, § 787.025, and may be prosecuted for 2 years, § 775.15.
Pending Bills
N/A
News Coverage
Date Title Author Source
03/31/2013 FL Hero shares story Christine Hawks Herald Tribune
03/15/2013 FL Bill Aims to Spare Child Sex Abuse Victims Jennifer Portman Tallahassee.com
10/5/2006 Congressman Mark Foley's Disgrace and Resignation:
What Congress Should Have Learned - And Didn't - From the Catholic Church Clergy Abuse Scandal

 Marci Hamilton FindLaw
5/9/2005 The Long and Difficult Road to Protecting Children from Sexual Abuse Marci
Hamilton		 FindLaw
State Outreach Organizations
Survivors Network of those Abused by Priests: Florida

View ALL Nationwide Outreach Organizations
Contact Your Representative
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Statute of Limitations: Footer
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