In the state of Florida, there is no statute of limitations for certain cases of sexual assault and battery, meaning that, under these circumstances, the offender can be prosecuted at any time. Partially in reflection of this, Senate Bill 764 amends Florida’s statute 943.326 to specify the minimum period of time that sexual assault evidence kits (SAKs), and any other DNA evidence, must be stored and to detail a new storage policy.
Effective as of October 1, Senate Bill 764 outlines that SAKs, which are taken on alleged victims of sexual offenses, must be held for at least 50 years if the evidence is not tested. It also provides that medical facilities and certified rape crisis centers have 30 days from the collection date to transfer each SAK to the Florida Department of Law Enforcement (FDLE).
The FDLE is required to store SAKs “anonymously, in a secure and environmentally safe manner, and with a documented chain of custody”. SAKs and any other DNA evidence must remain stored in this manner until they are tested or until the FDLE approves their destruction after the 50 year period.
An official bill analysis and fiscal impact statement for Senate Bill 764 states that this law will aid in the tracking and status of SAKs, which the state just created a database for in 2021. In addition, the analysis discusses the statute of limitations issue.
In general, the statute of limitations for a “serious felony sex crime” in Florida is no more than 10 years, regardless of the victim’s age. While it varies greatly depending on the severity and specifics of the crime, a victim of sexual battery who is over the age of 16 typically has eight years to come forward in Florida.
The exception is if the crime is reported within 72 hours of when it was committed. Then, there is no statute of limitations to prosecute the offender regardless of the victim’s age.
Senate Bill 764 was originally prepared by the Criminal Justice Committee, filed on December 6, 2023; and voted through in the Senate and House with votes of 40-0 and 112-1, respectively. It was presented to Governor DeSantis on April 25, 2024, and he approved it on May 10, 2024.
For complete details on this new law, click here to read all five pages of Senate Bill 764. For the official summary, click here.
If you or anyone you know is a victim of a sex crime, the National Sexual Assault Hotline is available for free 24 hours a day, every day at 1-800-656-4673. It is never too late to reach out and get help.
Article by Ema Tibbetts