This June, Florida governor Charlie Crist signed the "Jeffrey Klee Memorial Act" into law. The legislation effectively eliminates the statute of limitations for filing civil suits for wrongful death by homicide in Florida. Crist praised the legislation as expanding the protection of Florida's citizens and ensuring that criminals are held accountable for their actions, "no matter who the criminals or victims are or when the crimes took place."
Jeffrey Klee
In 1977, eighteen-year-old Jeffrey Walter Klee vanished just weeks after graduating from the high school where he had been a star football player. When his body was discovered in a van at the bottom of a Coral Springs canal in 2008, law enforcement were able to obtain a confession from his killer. But the statute of limitations in Florida prevented Klee's family from bringing a civil suit against his killer for Jeffrey Klee's wrongful death.
Klee's sister Cyndy, who was inspired to join the Coral Gables police force by her brother's disappearance, noted that due to the Florida statute of limitations, Klee's murderer will "never see the inside of a courtroom, either criminally or civilly." Though the newly enacted legislation will not alter the ability of Klee's family to file suit, as the law will not be applied retroactively, Klee's family insists that the law will both bring them closure and bring hope to families in the future who will suffer over the loss of a loved one due to wrongful death.
Statutes of Limitations
Statutes of limitations exist for two primary reasons: to provide closure for those involved in potential cases and to prevent old claims from clogging the legal system. Mandatory time limits for filing certain types of claims provide incentives to plaintiffs to bring suit in a timely fashion, which often helps to preserve evidence. In addition, the filing deadlines can provide a sense of closure to victims, their families and potential defendants, as the threat of a lawsuit cannot last for years.
However, in cases like the one involving Jeffrey Klee, a statute of limitation impedes justice and closure. When Klee's body was discovered more than three decades after the homicide, an uncoerced confession was obtained from the killer and the evidence necessary for a conviction had been preserved. However, Klee's family had not been able to seek justice for Klee or closure in their lives. The "Jeffrey Klee Memorial Act" will allow families like the Klees to seek justice through filing wrongful death lawsuits in homicide cases that have gone cold but are solved years later.
Moving Forward
Law enforcement was unable to bring criminal charges against Klee's killer because at the time of Klee's death in 1977, Florida law had a three year statute of limitations for manslaughter. This criminal law statute of limitations was eliminated in 1996, but the two year statute of limitations for civil case filings has just now been eliminated. Practically, this means that any homicide committed from now on will not have filing restrictions in either the criminal or civil context. Nor will civil filings be contingent upon the prosecution, arrest or conviction of the accused.
When the Florida legislature eliminated the criminal statute of limitations in homicide cases in 1996 and the civil statute of limitations in 2010, it empowered both law enforcement and the families of victims to seek justice without fear of time limitations. The Klee's attorney, Mike Ryan, noted that "the new act will provide closure for families who seek to find resolutions to the death of loved ones without the two-year time limit that has for so long handcuffed investigators and police officers."
For Further Reference
If someone you care about has been killed in an accident or intentionally, you may have an opportunity to file a wrongful death lawsuit. Seek the advice of an experienced personal injury attorney who can advise you of your options and assess your case.
