Reso 2024-3631 - Laserfiche WebLink

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 569 2024 151 preponderance of the evidence of the claimant's lack of 152 knowledge of an adjudicated claim and reasonable inquiry by, or 153 on behalf of, the claimant to obtain the information from public 154 records. Unless the appropriate agency had actual notice of the 155 information required to be disclosed by paragraph (c) in time to 156 assert a setoff, an unexcused failure to disclose shall, upon 157 hearing and order of court, cause the claimant to be liable for 158 double the original undisclosed judgment and, upon further 159 motion, the court shall enter judgment for the agency in that 160 amount. Except as provided otherwise in this subsection, the 161 failure of the Department of Financial Services or the 162 appropriate agency to make final disposition of a claim within 4 163 b months after it is filed shall be deemed a final denial of the 164 claim for purposes of this section. For purposes of this 165 subsection, in medical malpractice actions and in wrongful death 166 actions, the failure of the Department of Financial Services or 167 the appropriate agency to make final disposition of a claim 168 within 90 days after it is filed shall be deemed a final denial 169 of the claim. The statute of limitations for medical malpractice 170 actions and wrongful death actions is tolled for the period of 171 time taken by the Department of Financial Services or the 172 appropriate agency to deny the claim. The provisions of this 173 subsection do not apply to such claims as may be asserted by 174 counterclaim pursuant to s. 768.14. 175 (14) Every claim against the state or one of its agencies Page 7 of 9 CODING: Words stdAkea are deletions; words underlined are additions. 1711iF 014111 ►� 367