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The Florida Senate

2009 Florida Statutes

SECTION 104
Suspension of statutes of limitation in favor of the personal representative.
Section 733.104, Florida Statutes 2009

733.104  Suspension of statutes of limitation in favor of the personal representative.--

(1)  If a person entitled to bring an action dies before the expiration of the time limited for the commencement of the action and the cause of action survives, the action may be commenced by that person's personal representative before the later of the expiration of the time limited for the commencement of the action or 12 months after the decedent's death.

(2)  If a person against whom a cause of action exists dies before the expiration of the time limited for commencement of the action and the cause of action survives, if a claim is timely filed, the expiration of the time limited for commencement of the action shall not apply.

History.--s. 1, ch. 74-106; s. 48, ch. 75-220; s. 1, ch. 77-174; s. 982, ch. 97-102; s. 80, ch. 2001-226.

Note.--Created from former s. 734.27.