(1) Any action for damages brought under this part shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued.
(2) In those actions covered by this subsection in which it can be shown that fraudulent concealment or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations is extended forward 2 years from the time that the injury is discovered with the exercise of due diligence, but in no event not more than 6 years from the date the incident giving rise to the injury occurred.
(3) This section shall apply to causes of action that have accrued prior to the effective date of this section; however, any such cause of action that would not have been barred under prior law may be brought within the time allowed by prior law or within 2 years after the effective date of this section, whichever is earlier, and will be barred thereafter. In actions where it can be shown that fraudulent concealment or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations is extended forward 2 years from the time that the injury is discovered with the exercise of due diligence, but in no event more than 4 years from the effective date of this section.
History.—s. 43, ch. 2001-45; s. 2, ch. 2006-197.
Note.—Former s. 400.4296.
Structure Florida Statutes
Chapter 429 - Assisted Care Communities
Part I - Assisted Living Facilities (Ss. 429.01-429.55)
429.01 - Short title; purpose.
429.04 - Facilities to be licensed; exemptions.
429.07 - License required; fee.
429.075 - Limited mental health license.
429.08 - Unlicensed facilities; referral of person for residency to unlicensed facility; penalties.
429.11 - Initial application for license.
429.12 - Sale or transfer of ownership of a facility.
429.14 - Administrative penalties.
429.17 - Expiration of license; renewal; conditional license.
429.174 - Background screening.
429.176 - Notice of change of administrator.
429.177 - Patients with Alzheimer’s disease or other related disorders; certain disclosures.
429.178 - Special care for persons with Alzheimer’s disease or other related disorders.
429.18 - Disposition of fees and administrative fines.
429.19 - Violations; imposition of administrative fines; grounds.
429.195 - Rebates prohibited; penalties.
429.20 - Certain solicitation prohibited; third-party supplementation.
429.22 - Receivership proceedings.
429.255 - Use of personnel; emergency care.
429.256 - Assistance with self-administration of medication and with other tasks.
429.26 - Appropriateness of placements; examinations of residents.
429.27 - Property and personal affairs of residents.
429.275 - Business practice; personnel records; liability insurance.
429.28 - Resident bill of rights.
429.29 - Civil actions to enforce rights.
429.295 - Certain provisions not applicable to actions under this part.
429.296 - Statute of limitations.
429.297 - Punitive damages; pleading; burden of proof.
429.298 - Punitive damages; limitation.
429.31 - Closing of facility; notice; penalty.
429.34 - Right of entry and inspection.
429.35 - Maintenance of records; reports.
429.41 - Rules establishing standards.
429.42 - Pharmacy and dietary services.
429.435 - Uniform firesafety standards.
429.44 - Construction and renovation; requirements.
429.445 - Compliance with local zoning requirements.
429.47 - Prohibited acts; penalties for violation.
429.49 - Resident records; penalties for alteration.
429.52 - Staff training and educational requirements.
429.53 - Consultation by the agency.