None for sexual battery vs victim under age 16; +7 years from majority or + 4 from liberal discovery for most other crimes

1. None for sexual batteries committed against victims under 16 years old. Fla. Stat. Ann. § 95.11 (9). (site currently mistakenly reads sub section 10).

a. Fla. Stat. Ann. § 95.11 (9) (“An action related to an act constituting a violation of s. 794.011 involving a victim who was under the age of 16 at the time of the act may be commenced at any time. This subsection applies to any such action other than one which would have been time barred on or before July 1, 2010.”) (“related to” indicated applicability to perp and employer).

b. (Thus, prior to 2010 it is possible that the 4 year. SOL of Fla. Stat. Ann. § 95.11(3)(a) applied against employers in some cases.)

2. Fla. Stat. § 95.11 (7)(“An action founded on alleged abuse, as defined in s. 39.01, s. 415.102, or s. 984.03, or incest, as defined in s. 826.04, may be commenced at any time within 7 years after the age of majority, or within 4 years after the injured person leaves the dependency of the abuser, or within 4 years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the abuse, whichever occurs later.”)

TOLLING

1. Discovery, yes, liberal via statute

a. Fla. Stat. Ann. § 95.11(7) (“from time of discovery by injured party of both injury and causal relationship between injury and abuse”);

b. CL version of discovery rule in FL was narrow.

2. Majority, yes. Fla. Stat. § 95.11 (7) (the age of majority).

 None for all violations of s. 794.011 where victim is under 16. none for 1st degree violations of s. 794.011 where victim is under 18. Fla. Stat. § 775.15 (13)(b)-(c)). none for all felonies carrying a life sentence. Fla. Stat. § 775.15 (1).  Other felonies:  4 years  (1st degree) and 3 years (all other felonies) from age 18. Fla. Stat. § 775.15 (2)(a)-(b); Fla. Stat. § 775.15 (13)(a).

Fla. Stat. § 775.15 (1) (“A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. If the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all crimes designated as capital felonies shall be considered life felonies for the purposes of this section, and prosecution for such crimes may be commenced at any time.”)

Fla. Stat. § 794.011 – Certain forms of Sexual battery carries life sentence (see attached for full list of crimes in 794.011.)

Fla. Stat. § 775.15 (2)(a)-(b) (“Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation: (a)  A prosecution for a felony of the first degree must be commenced within 4 years after it is committed. (b)  A prosecution for any other felony must be commenced within 3 years after it is committed. (c)  A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.”)

Fla. Stat. § 775.15 (13)(a)(“If the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995, s. 800.04, s. 826.04, or s. 847.0135(5) is under the age of 18, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of 18 or the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the state attorney for the judicial circuit in which the alleged violation occurred. If the offense is a first or second degree felony violation of s. 794.011, and the offense is reported within 72 hours after its commission, the prosecution for such offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before December 31, 1984.

Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age (Fla. Stat. § 800.04)

Incest. (Fla. Stat. § 826.04)

Indecent exposure, child porn and like offenses. s. 847.0135(5)

Unlawful sexual activity with certain minors. (Fla. Stat. § 794.05)

TOLLING TO AGE 18 ONLY APPLIES TO CLAIMS NOT YET BARRED ON JAN 1, 1985.

Fla. Stat. § 775.15 (13)(b)  If the offense is a first degree felony violation of s. 794.011 and the victim was under 18 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before October 1, 2003.

Fla. Stat. § 775.15 (13) (c)  If the offense is a violation of s. 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. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before July 1, 2010.