Reso 2024-3631 - Laserfiche WebLink

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Florida Senate - 2024 CS for SB 472 585-02597A-24 2024472cl 146 2. Such action arises from a violation of s. 794.011 147 involving a victim who was younger than 16 years of age at the 148 time of the act, the claimant may present the claim in writing 149 at any time pursuant to s. 95.11(9) is €ems wrengful d -ea -t, the + th l ice;'tete tie—Depots + �' 15 0 �l-a r -es �� -` -` ` `y �—ez 151 Finane-ial Seinviees within 2dyeaL--s--ateL= the—e, rte . 152 (d) For purposes of this section, complete, accurate, and timely 153 compliance with the requirements of paragraph (c) shall occur 154 prior to settlement payment, close of discovery or commencement 155 of trial, whichever is sooner; provided the ability to plead 156 setoff is not precluded by the delay. This setoff shall apply 157 only against that part of the settlement or judgment payable to 158 the claimant, minus claimant's reasonable attorney's fees and 159 costs. Incomplete or inaccurate disclosure of unpaid adjudicated 160 claims due the state, its agency, officer, or subdivision, may 161 be excused by the court upon a showing by the preponderance of 162 the evidence of the claimant's lack of knowledge of an 163 adjudicated claim and reasonable inquiry by, or on behalf of, 164 the claimant to obtain the information from public records. 165 Unless the appropriate agency had actual notice of the 166 information required to be disclosed by paragraph (c) in time to 167 assert a setoff, an unexcused failure to disclose shall, upon 168 hearing and order of court, cause the claimant to be liable for 169 double the original undisclosed judgment and, upon further 170 motion, the court shall enter judgment for the agency in that 171 amount. Except as provided otherwise in this subsection, the 172 failure of the Department of Financial Services or the 173 appropriate agency to make final disposition of a claim within 4 174 months after it is filed shall be deemed a final denial of the Page 6 of 8 CODING: Wordsen are deletions; words underlined are additions 358