WHAT IS A “STATUTE OF LIMITATIONS”

A statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief.

FLORIDA STATUTE OF LIMITATIONS:

A legislative enactment which limits the time within which a a plaintiff may initiate a claim. In Florida, a tort ction must be brought within four years of the date of injury. A contract action within five years of when the cause of action occurs.  

 

ANotice of Development of Rulemaking

DEPARTMENT OF FINANCIAL SERVICES

Divison of Consumer Services

RULE NO: RULE TITLE 69J-123.002: Procedures

PURPOSE AND EFFECT: The proposed rule adopts a new electronic form for filing a notice of intent to file a civil remedy action as provided in Section 642.155, F.S.

SUBJECT AREA TO BE ADDRESSED: The Department seeks input from those who will be using the new form or who will otherwise be affected by the rule as to how the rule can best meet their needs.

SPECIFIC AUTHORITY: 624.308(1) FS.

LAW IMPLEMENTED: 624.307, 624.155(3)(b) FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

TIME AND DATE: Tuesday, January 22, 2008, 10:00 a.m.

PLACE: 143 Larson Building, 200 East Gaines Street, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Greg Thomas, (850)413-3130. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Greg Thomas, Chief of Education, Advocacy & Research, Division of Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0320; (850)413-3130

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

69J-123.002 Procedure.

The civil remedy notice required by Section 624.155, F.S., shall be electronically submitted on Form DFS-I0-363, “Civil Remedy Notice of Insurer Violation,” (Effective:____), which is hereby adopted and incorporated by reference. The form shall be submitted to the Department of Financial Services, Bureau of Consumer Assistance, through the website at https://apps.fldfs.com/civilremedy.

No fee is required.

Specific Authority 624.308(1) FS. Law Implemented 624.307, 624.155(3)(b) FS. History–New