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A bill to be entitled |
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An act relating to statutes of limitation; amending s. |
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95.031, F.S.; clarifying that the statute of limitations |
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for actions founded upon fraud include actions founded on |
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constructive fraud; providing that such amendments are |
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remedial in nature and have retroactive effect; providing |
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an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Paragraph (a) of subsection (2) of section |
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95.031, Florida Statutes, is amended to read: |
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95.031 Computation of time.--Except as provided in |
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subsection (2) and in s. 95.051 and elsewhere in these statutes, |
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the time within which an action shall be begun under any statute |
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of limitations runs from the time the cause of action accrues. |
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(2)(a) An action founded uponfor fraud under s. 95.11(3), |
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including constructive fraud,must be begun within the period |
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prescribed in this chapter, with the period running from the |
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time the facts giving rise to the cause of action were |
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discovered or should have been discovered with the exercise of |
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due diligence, instead of running from any date prescribed |
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elsewhere in s. 95.11(3), but in any event an action for fraud |
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under s. 95.11(3) must be begun within 12 years after the date |
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of the commission of the alleged fraud, regardless of the date |
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the fraud was or should have been discovered. |
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Section 2. The amendment of s. 95.051(2)(a), Florida |
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Statutes, provided in this act is remedial in nature and shall |
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have retroactive effect. |
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Section 3. This act shall take effect upon becoming a law. |