HB 7059, Engrossed 1 2023
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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
A bill to be entitled 1
An act relating to timeframes for bringing certain 2
actions; amending s. 768.28, F.S.; revising the 3
timeframe within which a claimant must present certain 4
claims against a governmental entity in writing to 5
certain entities; revising the timeframe within which 6
a complaint must be filed in order to bring certain 7
claims against a governmental entity; providing 8
applicability; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
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Section 1. Paragraphs (a) and (d) of subsection (6) and 13
subsection (14) of section 768.28, Florida Statutes, are amended 14
to read: 15
768.28 Waiver of sovereign immunity in tort actions; 16
recovery limits; civil liability for damages caused during a 17
riot; limitation on attorney fees; statute of limitations; 18
exclusions; indemnification; risk management programs. — 19
(6)(a) An action may not be instituted on a claim against 20
the state or one of its agencies or s ubdivisions unless the 21
claimant presents the claim in writing to the appropriate 22
agency, and also, except as to any claim against a municipality, 23
county, or the Florida Space Authority, presents such claim in 24
writing to the Department of Financial Services , within 18 25
HB 7059, Engrossed 1 2023
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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
months 3 years after such claim accrues and the Department of 26
Financial Services or the appropriate agency denies the claim in 27
writing; however except that, if: 28
1. such claim is for contribution pursuant to s. 768.31, 29
it must be so presented within 6 months after the judgment 30
against the tortfeasor seeking contribution has become final by 31
lapse of time for appeal or after appellate review or, if there 32
is no such judgment, within 6 months after the tortfeasor 33
seeking contribution has either dis charged the common liability 34
by payment or agreed, while the action is pending against her or 35
him, to discharge the common liability ; or 36
2. Such action is for wrongful death, the claimant must 37
present the claim in writing to the Department of Financial 38
Services within 2 years after the claim accrues . 39
(d) For purposes of this section, complete, accurate, and 40
timely compliance with the requirements of paragraph (c) shall 41
occur prior to settlement payment, close of discovery or 42
commencement of trial, which ever is sooner; provided the ability 43
to plead setoff is not precluded by the delay. This setoff shall 44
apply only against that part of the settlement or judgment 45
payable to the claimant, minus claimant's reasonable attorney's 46
fees and costs. Incomplete or i naccurate disclosure of unpaid 47
adjudicated claims due the state, its agency, officer, or 48
subdivision, may be excused by the court upon a showing by the 49
preponderance of the evidence of the claimant's lack of 50
HB 7059, Engrossed 1 2023
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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
knowledge of an adjudicated claim and reasonable inquiry by, or 51
on behalf of, the claimant to obtain the information from public 52
records. Unless the appropriate agency had actual notice of the 53
information required to be disclosed by paragraph (c) in time to 54
assert a setoff, an unexcused failure to discl ose shall, upon 55
hearing and order of court, cause the claimant to be liable for 56
double the original undisclosed judgment and, upon further 57
motion, the court shall enter judgment for the agency in that 58
amount. Except as provided otherwise in this subsection , the 59
failure of the Department of Financial Services or the 60
appropriate agency to make final disposition of a claim within 4 61
6 months after it is filed shall be deemed a final denial of the 62
claim for purposes of this section. For purposes of this 63
subsection, in medical malpractice actions and in wrongful death 64
actions, the failure of the Department of Financial Services or 65
the appropriate agency to make final disposition of a claim 66
within 90 days after it is filed shall be deemed a final denial 67
of the claim. The statute of limitations for medical malpractice 68
actions and wrongful death actions is tolled for the period of 69
time taken by the Department of Financial Services or the 70
appropriate agency to deny the claim. The provisions of this 71
subsection do not ap ply to such claims as may be asserted by 72
counterclaim pursuant to s. 768.14. 73
(14) Every claim against the state or one of its agencies 74
or subdivisions for damages for a negligent or wrongful act or 75
HB 7059, Engrossed 1 2023
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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
omission pursuant to this section shall be forever barre d unless 76
the civil action is commenced by filing a complaint in the court 77
of appropriate jurisdiction within: 78
(a) Within 2 years for an action founded on negligence. 79
(b) Within the limitations provided in s. 768.31(4) for an 80
action for contribution. 81
(c) Within the limitations provided in s. 95.11(4) for an 82
action for damages arising from medical malpractice or wrongful 83
death. 84
(d) Within 4 years for any other action not specified in 85
this subsection 4 years after such claim accrues; except that an 86
action for contribution must be commenced within the limitations 87
provided in s. 768.31(4), and an action for damages arising from 88
medical malpractice or wrongful death must be commenced within 89
the limitations for such actions in s. 95.11(4) . 90
Section 2. This act shall apply to causes of action 91
accruing after the effective date of this act. 92
Section 3. This act shall take effect upon becoming a law . 93