1 | A bill to be entitled |
2 | An act relating to statutes of limitations; amending s. |
3 | 768.28, F.S.; providing that actions for wrongful death |
4 | against the state or one of its agencies or subdivisions |
5 | must be brought within the period applicable to actions |
6 | brought against other defendants; providing applicability; |
7 | providing an effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Subsection (14) of section 768.28, Florida |
12 | Statutes, is amended to read: |
13 | 768.28 Waiver of sovereign immunity in tort actions; |
14 | recovery limits; limitation on attorney fees; statute of |
15 | limitations; exclusions; indemnification; risk management |
16 | programs.- |
17 | (14) Every claim against the state or one of its agencies |
18 | or subdivisions for damages for a negligent or wrongful act or |
19 | omission pursuant to this section shall be forever barred unless |
20 | the civil action is commenced by filing a complaint in the court |
21 | of appropriate jurisdiction within 4 years after such claim |
22 | accrues; except that an action for contribution must be |
23 | commenced within the limitations provided in s. 768.31(4), and |
24 | an action for damages arising from medical malpractice or |
25 | wrongful death must be commenced within the limitations for such |
26 | actions an action in s. 95.11(4). |
27 | Section 2. This act shall take effect July 1, 2011, and |
28 | shall apply to causes of action accruing on or after that date. |