Reso 2024-3631 - Laserfiche WebLink

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Florida Senate - 2024 CS for SB 472 585-02597A-24 2024472cl 175 claim for purposes of this section. For purposes of this 176 subsection, in medical malpractice actions and in wrongful death 177 actions, the failure of the Department of Financial Services or 178 the appropriate agency to make final disposition of a claim 179 within 90 days after it is filed shall be deemed a final denial 180 of the claim. The statute of limitations €-eL—meelieTal fftal r etiee 181 aetiens anel wLaengfiil eleath aetiens is tolled as to all 182 prospective defendants for the period of time taken by the 183 Department of Financial Services or the appropriate agency to 184 deny the claim. The claimant has 60 days from the date of the 185 Department of Financial Services' or the appropriate agency's 186 final disposition of a claim or the date at which final denial 187 of the claim is deemed to have occurred, or the remainder of the 188 period of the statute of limitations, whichever is greater, 189 within which to file suit. The provisions of this subsection do 190 not apply to such claims as may be asserted by counterclaim 191 pursuant to s. 768.14. 192 (14) Every claim against the state or one of its agencies 193 or subdivisions for damages for a negligent or wrongful act or 194 omission pursuant to this section shall be forever barred unless 195 the civil action is commenced by filing a complaint in the court 196 of appropriate jurisdiction: 197 (a) Within 2 4 years for an action founded on negligence. 198 (b) Within the limitations provided in s. 768.31(4) for an 199 action for contribution. 200 (c) Within the limitations provided in s. 95.11(4) for an 201 action for damages arising from medical malpractice or wrongful 202 death. 203 (d) At any time for an action arising from acts Page 7 of 8 CODING: Words stLcieken are deletions; words underlined are additions. 359