Senate Bill 1606

    Florida Senate - 1998                                  SB 1606

    By Senator Harris





    24-880-98

  1                      A bill to be entitled

  2         An act relating to statute of limitations;

  3         amending s. 95.051, F.S.; providing that the

  4         fraudulent concealment of the identity of the

  5         person to be sued tolls the statute; providing

  6         an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsection (1) of section 95.051, Florida

11  Statutes, is amended to read:

12         95.051  When limitations tolled.--

13         (1)  The running of the time under any statute of

14  limitations except ss. 95.281, 95.35, and 95.36 is tolled by:

15         (a)  Absence from the state of the person to be sued.

16         (b)  Use by the person to be sued of a false name that

17  is unknown to the person entitled to sue so that process

18  cannot be served on the person to be sued.

19         (c)  Concealment in the state of the person to be sued

20  so that process cannot be served on him or her.

21         (d)  Fraudulent concealment of the identity of a person

22  to be sued.

23         (e)(d)  The adjudicated incapacity, before the cause of

24  action accrued, of the person entitled to sue.  In any event,

25  the action must be begun within 7 years after the act, event,

26  or occurrence giving rise to the cause of action.

27         (f)(e)  Voluntary payments by the alleged father of the

28  child in paternity actions during the time of the payments.

29         (g)(f)  The payment of any part of the principal or

30  interest of any obligation or liability founded on a written

31  instrument.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1606
    24-880-98




  1         (h)(g)  The pendency of any arbitral proceeding

  2  pertaining to a dispute that is the subject of the action.

  3         (i)(h)  The minority or previously adjudicated

  4  incapacity of the person entitled to sue during any period of

  5  time in which a parent, guardian, or guardian ad litem does

  6  not exist, has an interest adverse to the minor or

  7  incapacitated person, or is adjudicated to be incapacitated to

  8  sue; except with respect to the statute of limitations for a

  9  claim for medical malpractice as provided in s. 95.11.  In any

10  event, the action must be begun within 7 years after the act,

11  event, or occurrence giving rise to the cause of action.

12

13  Paragraphs (a)-(c) shall not apply if service of process or

14  service by publication can be made in a manner sufficient to

15  confer jurisdiction to grant the relief sought. This section

16  shall not be construed to limit the ability of any person to

17  initiate an action within 30 days of the lifting of an

18  automatic stay issued in a bankruptcy action as is provided in

19  11 U.S.C. s. 108(c).

20         Section 2.  This act shall take effect July 1, 1998.

21

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23                          SENATE SUMMARY

24    Provides that the fraudulent concealment of the identity
      of a person to be sued tolls the statute of limitations.
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