Florida 2023 Regular Session

Florida House Bill H7059 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	HB 7059~~, Engrossed 1~~ 2023
	3	+	HB 7059 2023
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7	7		CODING: Words stricken are deletions; words underlined are additions.
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10	10		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
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14	14		A bill to be entitled 1
15		-	An act relating to ~~timeframes~~ for ~~bringing certain~~ 2
16		-	actions; amending s. 768.28, F.S.; revising ~~the~~ 3
17		-	timeframe within which a claimant must present ~~certain~~ 4
18		-	claims against a governmental entity in ~~writing to~~ 5
19		-	certain entities; revising the timeframe ~~within which~~ 6
20		-	a complaint must be filed in order to ~~bring certain~~ 7
21		-	claims against a governmental entity; ~~providing~~ 8
22		-	~~applicability;~~ providing an effective date. 9
	15	+	An act relating to statutes of limitations for 2
	16	+	negligence actions; amending s. 768.28, F.S.; revising 3
	17	+	the timeframe within which a claimant must present 4
	18	+	certain claims against a governmental entity in 5
	19	+	writing to certain entities; revising the timeframe 6
	20	+	within which a complaint must be filed in order to 7
	21	+	bring certain claims against a governmental entity; 8
	22	+	providing an effective date. 9
23	23		10
24	24		Be It Enacted by the Legisl ature of the State of Florida: 11
25	25		12
26	26		Section 1. Paragraphs (a) and (d) of subsection (6) and 13
27	27		subsection (14) of section 768.28, Florida Statutes, are amended 14
28	28		to read: 15
29	29		768.28 Waiver of sovereign immunity in tort actions; 16
30	30		recovery limits; civil liability fo r damages caused during a 17
31	31		riot; limitation on attorney fees; statute of limitations; 18
32	32		exclusions; indemnification; risk management programs. — 19
33	33		(6)(a) An action may not be instituted on a claim against 20
34	34		the state or one of its agencies or subdivisions unless the 21
35	35		claimant presents the claim in writing to the appropriate 22
36	36		agency, and also, except as to any claim against a municipality, 23
37	37		county, or the Florida Space Authority, presents such claim in 24
38	38		writing to the Department of Financial Services, within 18 25
39	39
40		-	HB 7059~~, Engrossed 1~~ 2023
	40	+	HB 7059 2023
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43	43
44	44		CODING: Words stricken are deletions; words underlined are additions.
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47	47		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
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51	51		months 3 years after such claim accrues and the Department of 26
52	52		Financial Services or the appropriate agency denies the claim in 27
53	53		writing; however except that, if: 28
54	54		1. such claim is for contribution pursuant to s. 768.31, 29
55	55		it must be so presented within 6 months af ter the judgment 30
56	56		against the tortfeasor seeking contribution has become final by 31
57	57		lapse of time for appeal or after appellate review or, if there 32
58	58		is no such judgment, within 6 months after the tortfeasor 33
59	59		seeking contribution has either discharged the common liability 34
60	60		by payment or agreed, while the action is pending against her or 35
61	61		him, to discharge the common liability ; or 36
62	62		2. Such action is for wrongful death, the claimant must 37
63	63		present the claim in writing to the Department of Financial 38
64	64		Services within 2 years after the claim accrues . 39
65	65		(d) For purposes of this section, complete, accurate, and 40
66	66		timely compliance with the requirements of paragraph (c) shall 41
67	67		occur prior to settlement payment, close of discovery or 42
68	68		commencement of trial, whichever is sooner; pr ovided the ability 43
69	69		to plead setoff is not precluded by the delay. This setoff shall 44
70	70		apply only against that part of the settlement or judgment 45
71	71		payable to the claimant, minus claimant's reasonable attorney's 46
72	72		fees and costs. Incomplete or inaccurate disclosu re of unpaid 47
73	73		adjudicated claims due the state, its agency, officer, or 48
74	74		subdivision, may be excused by the court upon a showing by the 49
75	75		preponderance of the evidence of the claimant's lack of 50
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	77	+	HB 7059 2023
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81	81		CODING: Words stricken are deletions; words underlined are additions.
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84	84		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
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88	88		knowledge of an adjudicated claim and reasonable inquiry by, or 51
89	89		on behalf of, the claimant to obtain the information from public 52
90	90		records. Unless the appropriate agency had actual notice of the 53
91	91		information required to be disclosed by paragraph (c) in time to 54
92	92		assert a setoff, an unexcused failure to disclose shall, upon 55
93	93		hearing and order of court, cause the claimant to be liable for 56
94	94		double the original undisclosed judgment and, upon further 57
95	95		motion, the court shall enter judgment for the agency in that 58
96	96		amount. Except as provided otherwise in this subsection, the 59
97	97		failure of the Department of Financial Services or the 60
98	98		appropriate agency to make final disposition of a claim within 4 61
99	99		6 months after it is filed shall be deemed a final denial of the 62
100	100		claim for purposes of this section. For purposes of this 63
101	101		subsection, in medical mal practice actions and in wrongful death 64
102	102		actions, the failure of the Department of Financial Services or 65
103	103		the appropriate agency to make final disposition of a claim 66
104	104		within 90 days after it is filed shall be deemed a final denial 67
105	105		of the claim. The statute of limitations for medical malpractice 68
106	106		actions and wrongful death actions is tolled for the period of 69
107	107		time taken by the Department of Financial Services or the 70
108	108		appropriate agency to deny the claim. The provisions of this 71
109	109		subsection do not apply to such claims as may be asserted by 72
110	110		counterclaim pursuant to s. 768.14. 73
111	111		(14) Every claim against the state or one of its agencies 74
112	112		or subdivisions for damages for a negligent or wrongful act or 75
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	114	+	HB 7059 2023
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118	118		CODING: Words stricken are deletions; words underlined are additions.
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121	121		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
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125	125		omission pursuant to this section shall be forever barred unless 76
126	126		the civil action is commenced by filing a complaint in the court 77
127		-	of appropriate jurisdiction within: 78
128		-	(a) Within 2 years for an action founded on negligence. 79
129		-	(b) Within the limitations provided in s. 768.31(4) for an 80
130		-	action for contribution. 81
131		-	(c) Within the limitations provided in s. 95.11(4) for an 82
132		-	action for damages arising from medical malpractice or wrongful 83
133		-	death. 84
134		-	(d) Within 4 years for any other action not specified in 85
135		-	this subsection 4 years after such claim accrues; except that an 86
136		-	action for contribution must be commenced within the limitations 87
137		-	provided in s. 768.31(4), and an action for damages arising from 88
138		-	medical malpractice or wrongful death must be commenced within 89
139		-	the limitations for such actions in s. 95.11(4) . 90
140		-	Section 2. This act shall apply to causes of action 91
141		-	accruing after the effective date of this act. 92
142		-	Section 3. This act shall take effect upon becoming a law . 93
	127	+	of appropriate jurisdiction within 2 4 years after such claim 78
	128	+	accrues; except that an action for contribution must be 79
	129	+	commenced within the limitations provided in s. 768.31(4), and 80
	130	+	an action for damages arising from medical malpractice or 81
	131	+	wrongful death must be commenced within the limitations for such 82
	132	+	actions in s. 95.11(4). 83
	133	+	Section 2. This act shall take effect upon becoming a law. 84