The 2023 Florida Statutes (including Special Session C)
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. . . See § 766.104(1), Fla. Stat. (2013). . . .
. . . malpractice, compliance with the statutory pre-suit notice and investigation requirements of sections 766.104 . . .
. . . Section 766.104 refers to a written medical opinion "that there appears to be evidence of medical negligence . . .
. . . See § 766.104(a). . . . the delinquent portion of the loan; and (ii) the borrower must have acted in good faith. 7 C.F.R. §§ 766.104 . . .
. . . If an extension has been granted under section 766.104(2), Florida Statutes, or by agreement of the parties . . .
. . . .” § 766.104(1), Fla. Stat. (2016). . . .
. . . See § 766.104(2), Fla. Stat. (2013). . . .
. . . 'See § 766.104(2) (permitting the extension of statute of limitations period upon petition, but providing . . .
. . . 19, 2012, after having received the ninety-day extension of the statute of limitations under section 766.104 . . .
. . . she obtained an automatic ninety-day extension of the statute of limitations pursuant to subsection 766.104 . . . After extensive review of the Florida Statutes and the history of Section 766.104 we are unable to conclude . . . were sent within the statute of limitations as properly calculated under all of the terms of Section 766.104 . . . claim would have expired on November 19, 1996 but under Hankey, the ninety-day extension of subsection 766.104 . . .
. . . . § 766.104(1) (“No action shall be filed for personal injury or wrongful death arising out of medical . . .
. . . ninety-day extension of the statute of limitations in medical negligence actions as provided for by section 766.104 . . . notice of intent by May 8, 2008, that the attempt to obtain a ninety-day extension pursuant to section 766.104 . . . Section 766.104(2) provides in pertinent part as follows: "Upon petition to the clerk of court where . . .
. . . Sections 766.104 and 766.106, Florida Statutes, provide for tolling of the statute of limitations under . . .
. . . See §§ 766.104, .106, .203, Fla. Stat. (2010). . . . The presuit requirements are set forth in sections 766.104, .106, and .203. . . . Sections 766.104 and .106 do not contain a definition of health care provider. . . . Subsection (3) of section 766.104 references section 456.00 l’s definition of "health care practitioner . . .
. . . was proper because the Pollocks’ counsel failed to comply with the presuit requirements of sections 766.104 . . .
. . . . § 766.104. . . .
. . . . § 766.104(2). . . .
. . . See § 766.104(1), Fla. Stat. (2006). . . . This period shall be in addition to other tolling periods. § 766.104(2), Fla. Stat. (2006). . . . Because only one month remained and because the ninety-day purchased period from section 766.104(2) is . . . Given that section 766.104(2) authorized a 90-day extension, our supreme court concluded, the payment . . . the original statute of limitations, or under the automatic ninety-day extension pursuant to section 766.104 . . .
. . . Cohen filed a ninety-day extension pursuant to section 766.104, Florida Statutes, on October 27, 1999 . . .
. . . .” § 766.104(1) (emphasis added). . . .
. . . even if you were to assume that they had sought the 90-day automatic extension permitted by section 766.104 . . .
. . . . § 766.104(1), Fla. Stat. (1997); §§ 766.106(2) and (3), Fla. Stat. (1997); § 768.28(6)(a), Fla. . . .
. . . Section 766.104(2) On December 7, 1998, the Po-rumbescus filed a petition for an automatic extension . . . of the statute of limitations pursuant to section 766.104(2), which provides: Upon petition to the clerk . . . This period shall be in addition to other tolling periods. § 766.104(2), Fla. Stat. (1997). . . . under section 766.106(4) in addition to the automatic 90-day extension petitioned for under section 766.104 . . . , 638 So.2d 151, 152 (Fla. 4th DCA 1994), where after carefully considering the language in section 766.104 . . .
. . . 2003, the plaintiffs secured an automatic 90-day extension of the statute of limitations pursuant to § 766.104 . . .
. . . Thomas filed a petition pursuant to section 766.104, Florida Statutes (2003), for an automatic 90-day . . .
. . . dismiss Johnson’s negligence claim for failure to comply with the pre-suit requirements of section 766.104 . . . Stat. § 766.104 (2005). . . . Stat. § 766.104(1) (2005). . . . .
. . . . § 766.104, Fla. Stat. (2002). . . .
. . . Section 766.104 refers to a written medical opinion “that there appears to be evidence of medical negligence . . . Stat. (2002); see also § 766.104(1), Fla. . . .
. . . Burbank, the malpractice claimant, petitioned the circuit court for an extension pursuant to section 766.104 . . .
. . . Rodriguez filed a petition to extend the statute of limitations pursuant to section 766.104(2), Florida . . .
. . . If an extension has been granted under section 768.495(2) 766.104(2), Florida Statutes, or by agreement . . .
. . . . §§ 766.104(1), 766.203(2). . . . See § 766.104(2); § 766.106(3)(a); § 766.106(4). . . .
. . . With the extension purchased pursuant to section 766.104(2), the statute of limitations would have run . . . This argument is contrary to the plain language of section 766.104(2) and the supreme court’s holding . . . See § 766.104(2), Fla. Stat. (1999) (“This period shall be in addition to other tolling periods.”). . . . Accordingly, pursuant to the plain language of section 766.104(2), Florida Statutes, a timely purchased . . . Coffaro deals with the interplay between section 766.104(2) and section 766.106(4), Florida Statutes, . . .
. . . Virginia Insurance complied with the medical malpractice presuit screening requirements of sections 766.104 . . . for a good faith belief that there has been negligence in the care or treatment of the claimant. § 766.104 . . . an action for contribution is not properly deemed to be within the statutory definitions of sections 766.104 . . . Section 766.104(1), Florida Statutes (1997), provides that no medical negligence action can be filed . . .
. . . tolling and extension periods of the medical malpractice statute of limitations, in particular, sections 766.104 . . . that these provisions are separate statutory provisions, I also cannot ignore the language of section 766.104 . . . The interpretation given by the majority that the purchased extension of section 766.104(2) is added . . . Further, in discussing section 766.104(2), we stated that the plaintiff can “also automatically secure . . . Sections 766.104(2) and 766.106(4), Florida Statutes, were enacted as part of the same bill in 1985. . . . District Court of Appeal as one of great public importance: IS A 90-DAY EXTENSION PURCHASED UNDER SECTION 766.104 . . . See § 766.104(1), Fla. Stat. (1997). . . . See § 766.104(2), Fla. Stat. (1997). . . . The instant case involves the interplay between section 766.104(2) and section 766.106(4). . . . In fact, we approved this interpretation of section 766.104(2) in Tanner. See id. at 182. . . . cannot agree with the majority because I do not believe that the majority properly applies sections 766.104 . . . depending on when the purchase of the extension to the statute of limitations authorized by section 766.104 . . . recognized in Rothschild is that the extension of the statute of limitations authorized by section 766.104 . . . See § 766.104(2). 2. Determine the date when the tolling period begins for each defendant. . . . See § 766.104(2), Fla. Stat. (1995). . . .
. . . With the ninety-day extension authorized by Florida Statute section 766.104(2), the statute of limitations . . .
. . . The Act further provides in section 766.104(1), Florida Statutes, that: No action shall be filed for . . .
. . . statute of limitations under section 95.11(4)(b) is suspended (“tolled”) for ninety days under section 766.104 . . .
. . . Parham, 745 So.2d 946 (Fla.1999), that the tolling provisions of section 766.104(2) and section 766.106 . . .
. . . The Act further provides in section 766.104(1), Florida Statutes, that: No action shall be filed for . . .
. . . malpractice, the plaintiff complied with the medical malpractice presuit screening requirements of sections 766.104 . . . an action for contribution is not properly deemed to be within the statutory definition of sections 766.104 . . .
. . . . § 766.104(1), Fla. Stat. (1997); §§ 766.106(2) and (3), Fla. Stat. (1997); § 768.28(6)(a), Fla. . . .
. . . See § 766.104(1), Fla. Stat. (1997). . . . See § 766.104(2), Fla. Stat. (1997). . . . SECTION 766.104(2) Finally, in addition to the two scenarios involved in section 766.106(4) discussed . . . Section 766.104(2) provides: Upon petition to the clerk of the court where the suit will be filed and . . . In fact, we approved this interpretation of section 766.104(2) in Tanner. See id. at 182. . . .
. . . This case involves the interplay of three such provisions in sections 766.104 and 766.106, Florida Statutes . . . •Section 766.104(2) allows a 90-day extension of the limitations period upon application to the clerk . . . Pursuant to section 766.104(2), “[t]his period shall be in addition to other tolling periods.” . . . If not a tolling period, we conclude that section 766.104(2) would allow the purchased extension to be . . . Section 766.104(2) does not limit the time at which a plaintiff may purchase this extension, other than . . .
. . . be of great public importance: DO THE EXTENSIONS OF THE STATUTE OF LIMITATIONS ALLOWED BY SECTIONS 766.104 . . . THE PLAINTIFF PETITIONS FOR AN AUTOMATIC 90-DAY EXTENSION OF THE STATUTE OF LIMITATIONS UNDER SECTION 766.104 . . . 2), FLORIDA STATUTES (1989), IN ORDER TO CONDUCT THE “REASONABLE INVESTIGATION” REQUIRED BY SECTION 766.104 . . . On December 16, 1994, Par-ham filed a petition, pursuant to section 766.104(2), for an automatic 90-day . . . In conjunction with section 766.106, the “reasonable investigation” requirement of section 766.104 is . . .
. . . On May 31, 1994, appellant petitioned for an automatic ninety-day extension pursuant to section 766.104 . . . On May 31, 1994, appellant filed a petition for a ninety-day extension pursuant to section 766.104(2) . . .
. . . for an automatic 90 day extension to the two year statutory limitation period, pursuant to section 766.104 . . . petitioned for an automatic ninety (90) days stay of the Statute of Limitations under Florida Statute 766.104 . . . This court explained that absent application of section 766.104(2), Florida Statutes, the suit would . . . on November 2, 1994, past the running of the statute of limitations but for the operation of section 766.104 . . . The plaintiff (as the plaintiffs here) had, in accordance with section 766.104(2), filed a petition for . . .
. . . We conclude that the section 766.104(2), Florida Statutes, extension to the limitations period should . . . section 95.11(4)(b), Florida Statutes, the appellant filed a petition for an extension under section 766.104 . . . original two-year period had run, but within the ninety-day extension which pertains under section 766.104 . . . Despite the technical noncomplianee with section 766.104(2), the automatic ninety-day extension should . . . Section 766.104(2) was in existence when the alleged cause of action accrued in the present case, and . . .
. . . a petition for an automatic ninety-day extension of the statute of limitations, pursuant to section 766.104 . . . In addition, under séction 766.104(2), a claimant can essentially “buy” a ninety-day extension of the . . . On October 30, 1995, the appellant “purchased” a ninety-day extension under section 766.104(2). . . . In fact, even without the extended period provided for in section 766.104(2), the suit was timely filed . . .
. . . issue raised in this appeal is whether the extensions of the statute of limitations allowed by sections 766.104 . . . On December 16,1994, Parham filed a petition, pursuant to section 766.104(2), for an automatic 90-day . . . that the repose time period was extended or tolled by their petition pursuant to Florida Statutes § 766.104 . . . one of great public importance: DO THE EXTENSIONS OF THE STATUTE OF LIMITATIONS ALLOWED BY SECTIONS 766.104 . . . Section 766.104(2) provides: Upon petition to the clerk of the court where the suit will be filed and . . . that the statute of repose in 95.11(4)(b) is neither extended nor tolled by the provisions of sections 766.104 . . . The provisions contained in sections 766.104(2) and 766.106(4) were originally enacted as part of the . . . Therefore, at the time the legislature drafted the language in sections 766.104 and 766.106, respectively . . .
. . . . § 766.104(2). . . .
. . . II Section 766.104(1), Florida Statutes (1991), provides that “[n]o action shall be filed for personal . . . provider” who may testify as an expert in a medical negligence action, and who, pursuant to section 766.104 . . . claimant’s presuit investigation — the standard set forth in section 766.102(2)(c)2, as allowed by section 766.104 . . .
. . . This is an appeal from an award of attorney’s fees pursuant to sections 766.104(1) and 766.206(2), Florida . . . Thereafter, L.H.O.C. moved for an award of attorney’s fees pursuant to sections 766.104(1) and 766.206 . . . An award of attorney’s fees is permitted under section 766.104(1) where the court determines that counsel . . . Thus, neither section 766.104(1) or section 766.206(2) provides a basis for an attorney’s fee award in . . . Section 766.104(1) reads: No action shall be filed for personal injury or wrongful death arising out . . .
. . . The applicable portions of Chapter 766 provide: 766.104 Pleading in medical negligence cases; claim for . . .
. . . Section 766.104(1) provides that no medical negligence action shall be filed “unless the attorney filing . . . Section 766.104(2) provides for a ninety-day extension of the statute of limitations “to allow the reasonable . . . Section 766.104 refers to a written medical opinion “that there appears to be evidence of medical negligence . . .
. . . on November 2, 1994, past the running of the statute of limitations but for the operation of section 766.104 . . . Section 766.104(2) provides: Upon petition to the clerk of court where the suit will be filed, and payment . . . HARRIS and ANTOON, JJ., concur. . § 95.11, Fla.Stat. (1991). . §§ 766.104(2) and 766.106(4), Fla.Stat . . .
. . . Pursuant to § 766.104(1), Florida Statutes, the undersigned attorney for the plaintiffs hereby certifies . . .
. . . action below for failure to comply with the medical malpractice screening requirements of Sections 766.104 . . .
. . . We do note, however, that the plaintiffs have pled good-faith compliance with section 766.104, Florida . . . Section 766.104, Florida Statutes (1989), provides in part: (1) No action shall be filed for personal . . .
. . . Section 766.104 refers to a written medical opinion “that there appears to be evidence of medical negligence . . .
. . . reverse, as the Kagans were granted an extension of the statute of limitations pursuant to section 766.104 . . . filed and were granted a ninety (90) day extension of the statute of limitations pursuant to section 766.104 . . . the Kagans were granted a ninety (90) day extension of the statute of limitations pursuant to section 766.104 . . .
. . . . § 766.104(1), Fla.Stat. (1989). . . . Lehrer’s written opinion, attached as Exhibit B, adequately comply with the section 766.104(1) requirements . . .
. . . Bisogno on 13 November 1990, pursuant to section 766.104(2), Florida Statutes (1991). . . .
. . . for and received an automatic ninety-day extension to the statute of limitations pursuant to section 766.104 . . .
. . . The first is section 766.104(2), Florida Statutes (1991), formerly section 768.495(2), which states: . . . 90 days by filing a notice of intent to initiate medical malpractice litigation pursuant to section 766.104 . . .
. . . Section 766.104(1) provides that no medical negligence action shall be filed “unless the attorney filing . . . Section 766.104(2) provides for a 90-day extension of the statute of limitations “to allow the reasonable . . .
. . . date, Boyd timely requested and received a ninety day extension of the limitation period per section 766.104 . . . On August 30, 1990, Boyd mailed a notice of intent to initiate litigation pursuant to section 766.104 . . . However, June 3rd was on a Sunday, whereby June 4th became the relevant date for section 766.104(2). . . .
. . . Renumbered as sections 766.104 and 766.106, Florida Statutes (1991). . . . .
. . . Section 766.104 refers to a written medical opinion “that there appears to be evidence of medical negligence . . .
. . . 90 days by filing a notice of intent to initiate medical malpractice litigation pursuant to section 766.104 . . .
. . . In addition, section 766.104(2) provides for an additional 90-day extension of the limitations period . . . was entitled to two (2) consecutive tolling periods of 90 days each under the provisions of sections 766.104 . . . court has maintained that the two 90-day periods, of toll and extension, under sections 766.106(4) and 766.104 . . . More importantly, section 766.104(2) specifically states that the 90-day extension is “in addition to . . .
. . . Section 768.495, Florida Statutes (1987) was transferred to section 766.104, Florida Statutes (Supp.1988 . . .
. . . an automatic ninety-day extension of the limitation period under then section 768.495, now section 766.104 . . .
. . . The above statute has a logical counterpart in sections 766.104 and 766.106, Florida Statutes (1989). . . . Section 766.104(2) expressly authorizes an extension of the statute of limitations to allow reasonable . . .
. . . dismiss the complaint because the plaintiff had failed to comply and plead compliance with sections 766.104 . . .
. . . Transferred to section 766.104, Florida Statutes (1988 Supp.). . 768.57 Notice before filing action for . . .
. . . respondents filed their complaint without first complying with the mandatory requirements of sections 766.104 . . .
. . . Insofar as pertinent here, Abaunza moved to dismiss for Baptist’s failure to comply with section 766.104 . . . It appears that the trial court invoked section 766.106, Florida Statutes (1989), as well as section 766.104 . . . an action for contribution is not properly deemed to be within the statutory definition of sections 766.104 . . .
. . . Transferred to section 766.104, Florida Statutes (1988 Supp.). . . . .