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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 |
