|
Special Statute of Limitations for Abuse:
Fla. Stat. Ann. . "FOR INTENTIONAL TORTS BASED ON ABUSE.--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." Effective date: April 8, 1992.
Section 95.11(7) cannot be applied retroactively. It is applicable only to cases arising after April 8, 1992, the effective date of the statute.
Delayed Discovery Doctrine:
In addition to the statutory extensions, Florida has a "delayed discovery" doctrine which generally provides that the statute of limitations does not begin to run until the victim either knows or reasonably should know of the wrongful act giving rise to the cause of action. In Hearndon v. Graham, 767 So. 2d 1179 (Fla. 2000), the Florida Supreme Court held that the delayed discovery doctrine is applicable to repressed memory or 'traumatic amnesia' cases, stating that the statute of limitations does not begin to run (accrue) until the victim is aware that the abuse occurred.
In reaching its conclusion, the Florida Supreme Court made a distinction between "accrual" (a SOL beginning to run) and "tolling" (a SOL being suspended). Applying the concept of accrual in Herndon, the Court was able to avoid the 7-year statute of repose (final deadline in which suit can be filed) provided in Florida's tolling statute, Fla. Stat. §95.051.
(Atty. Horace N. Moore, Sr., of Gainesville, Florida represented the victim.)
Resources:
Link to Florida Statutes
The Florida Council Against Sexual Violence
Revised 08/26/2007. Copyright Susan K. Smith 1996-2002
|
