RULE 1.500 DEFAULTS AND FINAL JUDGMENTS THEREON
(a) By the Clerk. When a party against whom affirmative
relief is sought has failed to file or serve any paper in the
action, the party seeking relief may have the clerk enter a default
against the party failing to serve or file such paper.
(b) By the Court. When a party against whom affirmative
relief is sought has failed to plead or otherwise defend as
provided by these rules or any applicable statute or any order of
court, the court may enter a default against such party; provided
that if such party has filed or served any paper in the action,
that party shall be served with notice of the application for
default.
(c) Right to Plead. A party may plead or otherwise defend at
any time before default is entered. If a party in default files
any paper after the default is entered, the clerk shall notify the
party of the entry of the default. The clerk shall make an entry
on the progress docket showing the notification.
(d) Setting Aside Default. The court may set aside a default,
and if a final judgment consequent thereon has been entered, the
court may set it aside in accordance with rule 1.540(b).
(e) Final Judgment. Final judgments after default may be
entered by the court at any time, but no judgment may be entered
against an infant or incompetent person unless represented in the
action by a general guardian, committee, conservator, or other
representative who has appeared in it or unless the court has made
an order under rule 1.210(b) providing that no representative is
necessary for the infant or incompetent. If it is necessary to
take an account or to determine the amount of damages or to
establish the truth of any averment by evidence or to make an
investigation of any other matter to enable the court to enter
judgment or to effectuate it, the court may receive affidavits,
make references, or conduct hearings as it deems necessary and
shall accord a right of trial by jury to the parties when required
by the Constitution or any statute.
RULE 1.510 SUMMARY JUDGMENT
(a) For Claimant. A party seeking to recover upon a claim,
counterclaim, crossclaim, or third-party claim or to obtain a
declaratory judgment may move for a summary judgment in that
party's favor upon all or any party thereof with or without
supporting affidavits at any time after the expiration of 20 days
from the commencement of the action or after service of a motion
for summary judgment by the adverse party.
(b) For Defending Party. A party against whom a claim,
counterclaim, crossclaim, or third-party claim is asserted or a
declaratory judgment is sought may move for a summary judgment in
that party's favor as to all or any party thereof at any time with
or without supporting affidavits.
(c) Motion and Proceedings Thereon. The motion shall state
with particularity the grounds upon which it is based and the
substantial matters of law to be argued and shall be served at
least 20 days before the time fixed for the hearing. The adverse
party may serve opposing affidavits by mailing the affidavits at
least 5 days prior to the day of the hearing, or by delivering the
affidavits to the movant's attorney no later than 5:00 p.m. two
business days prior to the day of hearing. The judgment sought
shall be rendered forthwith if the pleadings, depositions, answers
to interrogatories, and admissions on file together with the
affidavits, if any, show that there is no genuine issue as to any
material fact and that the moving party is entitled to a judgment
as a matter of law. A summary judgment, interlocutory in
character, may be rendered on the issue of liability alone although
there is a genuine issue as to the amount of damages.
(d) Case Not Fully Adjudicated on Motion. On motion under
this rule if judgment is not rendered upon the whole case or for
all the relief asked and a trial or the taking of testimony and a
final hearing is necessary, the court at the hearing of the motion,
by examining the pleadings and the evidence before it and by
interrogating counsel, shall ascertain, if practicable, what
material facts exist without substantial controversy and what
material acts are actually and in good faith controverted. It
shall thereupon make an order specifying the facts that appear
without substantial controversy, including the extent to which the
amount of damages or other relief is not in controversy, and
directing such further proceedings in the action as are just. On
the trial or final hearing of the action the facts so specified
shall be deemed established, and the trial or final hearing shall
be conducted accordingly.
(e) Form of Affidavits; Further Testimony. Supporting and
opposing affidavits shall be made on personal knowledge, shall set
forth such facts as would be admissible in evidence, and shall show
affirmatively that the affiant is competent to testify to the
matters stated therein. Sworn or certified copies of all papers or
parts thereof referred to in an affidavit shall be attached thereto
or served therewith. The court may permit affidavits to be
supplemented or opposed by depositions, answers to interrogatories,
or by further affidavits.
(f) When Affidavits Are Unavailable. If it appears from the
affidavits of a party opposing the motion that the party cannot for
reasons stated present by affidavit facts essential to justify
opposition, the court may refuse the application for judgment or
may order a continuance to permit affidavits to be obtained or
depositions to be taken or discovery to be had or may make such
other order as is just.
(g) Affidavits Made in Bad Faith. If it appears to the
satisfaction of the court at any time that any of the affidavits
presented pursuant to this rule are presented in bad faith or
solely for the purpose of delay, the court shall forthwith order
the party employing them to pay to the other party the amount of
the reasonable expenses which the filing of the affidavits caused
the other party to incur, including reasonable attorneys' fees, and
any offending party or attorney may be adjudged guilty of contempt.
RULE 1.520 VIEW
Upon motion of either party the jury may be taken to view the
premises or place in question or any property, matter, or thing
relating to the controversy between the parties when it appears
that view is necessary to a just decision; but the party making the
motion shall advance a sum sufficient to defray the expenses of the
jury and the officer who attends them in taking the view, which
expense shall be taxed as costs if the party who advanced it
prevails.
RULE 1.530 MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS
(a) Jury and Non-jury Actions. A new trial may be granted to
all or any of the parties and on all or a part of the issues. On
a motion for a rehearing of matters heard without a jury, including
summary judgments, the court may open the judgment if one has been
entered, take additional testimony, and enter a new judgment.
(b) Time for Motion. A motion for new trial or for rehearing
shall be served not later than 10 days after the return of the
verdict in a jury action or the date of filing of the judgment in
a non-jury action. A timely motion may be amended to state new
grounds in the discretion of the court at any time before the
motion is determined.
(c) Time for Serving Affidavits. When a motion for a new
trial is based on affidavits, the affidavits shall be served with
the motion. The opposing party has 10 days after such service
within which to serve opposing affidavits, which period may be
extended for an additional period not exceeding 20 days either by
the court for good cause shown or by the parties by written
stipulation. The may permit reply affidavits.
(d) On Initiative of Court. Not later than 10 days after
entry of judgment or within the time of ruling on a timely motion
for a rehearing or a new trial made by a party, the court of its
own initiative may order a rehearing or a new trial for any reason
for which it might have granted a rehearing or a new trial on
motion of a party.
(e) When Motion Is Unnecessary; Non-jury Case. When an action
has been tried by the court without a jury, the sufficiency of the
evidence to support the judgment may be raised on appeal whether or
not the party raising the question has made any objection thereto
in the trial court or made a motion for rehearing, for new trial,
or to alter or amend the judgment.
(f) Order Granting to Specify Grounds. All orders granting a
new trial shall specify the specific grounds therefor. If such an
order is appealed and does not state the specific grounds, the
appellate court shall relinquish its jurisdiction to the trial
court for entry of an order specifying the grounds for granting the
new trial.
(g) Motion to Alter or Amend a Judgment. A motion to alter or
amend the judgment shall be served not later than 10 days after
entry of the judgment, except that this rule does not affect the
remedies in rule 1.540(b).
RULE 1.540 RELIEF FROM JUDGMENT, DECREES, OR ORDERS
(a) Clerical Mistakes. Clerical mistakes in judgments,
decrees, or other parts of the record and errors therein arising
from oversight or omission may be corrected by the court at any
time on its own initiative or on the motion of any party and after
such notice, if any, as the court orders. During the pendency of
an appeal such mistakes may be so corrected before the record on
appeal is docketed in the appellate court, and thereafter while the
appeal is pending may be so corrected with leave of the appellate
court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly
Discovered Evidence; Fraud; etc. On motion and upon such terms as
are just, the court may relieve a party or a party's legal
representative from a final judgment, decree, order, or proceeding
for the following reasons: (1) mistake, inadvertence, surprise, or
excusable neglect; (2) newly discovered evidence which by due
diligence could not have been discovered in time to move for a new
trial or rehearing; (3) fraud (whether heretofore denominated
intrinsic or extrinsic), misrepresentation, or other misconduct of
an adverse party; (4) that the judgment or decree is void; or (5)
that the judgment or decree has been satisfied, released, or
discharged, or a prior judgment or decree upon which it is based
has been reversed or otherwise vacated, or it is no longer
equitable that the judgment or decree should have prospective
application. The motion shall be made within a reasonable time,
and for reasons (1), (2), and (3) not more than 1 year after the
judgment, decree, order, or proceeding as entered or taken, except
that there shall be no time limit for motions based on fraudulent
financial affidavits in marital cases. A motion under this
subdivision does not affect the finality of a judgment or decree or
suspend its operation. This rule does not limit the power of a
court to entertain an independent action to relieve a party from a
judgment, decree, order, or proceeding or to set aside a judgment
or decree for fraud upon the court.
Writs of coram nobis, coram vobis, audita querela, and bills
of review and bills in the nature of a bill of review are
abolished, and the procedure for obtaining any relief from a
judgment or decree shall be by motion as prescribed in these rules
or by an independent action.
RULE 1.550 EXECUTIONS AND FINAL PROCESS
(a) Issuance. Executions on judgments shall issue during the
life of the judgment on the oral request of the party entitled to
it or that part's attorney without praecipe. No execution or other
final process shall issue until the judgment on which it is based
has been recorded nor within the time for serving a motion for new
trial or rehearing, and if a motion for new trial or rehearing is
timely served, until it is determined; provided execution or other
final process may be issued on special order of the court at any
time after judgment.
(b) Stay. The court before which an execution or other
process based on a final judgment is returnable may stay such
execution or other process and suspend proceedings thereon for good
cause on motion and notice to all adverse parties.
RULE 1.560 DISCOVERY IN AID OF EXECUTION
In aid of a judgment, decree, or execution the judgment
creditor or the successor in interest, when that interest appears
of record, may obtain discovery from any person, including the
judgment debtor, in the manner provided in these rules.
RULE 1.570 ENFORCEMENT OF FINAL JUDGMENTS
(a) Money Judgments. Final process to enforce a judgment
solely for the payment of money shall be by execution, writ of
garnishment, or other appropriate process or proceedings.
(b) Property Recovery. Final process to enforce a judgment
for the recovery of property shall be by a writ of possession for
real property and by a writ of replevin, distress writ, writ of
garnishment, or other appropriate process or proceedings for other
property.
(c) Performance of an Art. If judgment is for the performance
of a specific act or contract:
(1) the judgment shall specify the time within which the act
shall be performed. If the act is not performed within the time
specified, the party seeking enforcement of the judgment shall make
an affidavit that the judgment has not been complied with within
the prescribed time and the clerk shall issue a writ of attachment
against the delinquent party. The delinquent party shall not be
released from the writ of attachment until that party has complied
with the judgment and paid all costs accruing because of the
failure to perform the act. If the delinquent party cannot be
found, the party seeking enforcement of the judgment shall file an
affidavit to this effect and the court shall issue writ of
sequestration against the delinquent party's property. The writ of
sequestration shall not be dissolved until the delinquent party
complies with the judgment;
(2) the court may hold the disobedient party in contempt; or
(3) the court may appoint some person, not a party to the
action, to perform the act insofar as practicable. The performance
of the act by the person appointed shall have the same effect as if
performed by the party against whom the judgment was entered.
(d) Vesting Title. If the judgment is for a conveyance,
transfer, release, or acquittance of real or personal property, the
judgment shall have the effect of a duly executed conveyance,
transfer, release, or acquittance that is recorded in the county
where the judgment is recorded. A judgment under this subdivision
shall be effective notwithstanding any disability of a party.
RULE 1.580 WRIT OF POSSESSION
(a) Issuance. When a judgment or order is for the delivery of
possession of real property, the judgment or order shall direct the
clerk to issue a writ of possession. The clerk shall issue the
writ forthwith and deliver it to the sheriff for execution.
(b) Third-Party Claims. If a person other than the party
against whom the writ of possession is issued is in possession of
the property, that person may retain possession of the property by
filing with the sheriff an affidavit that the person is entitled to
possession of the property, specifying the nature of the claim.
Thereupon the sheriff shall desist from enforcing the writ and
shall serve a copy of the affidavit on the party causing issuance
of the writ of possession. The party causing issuance of the writ
may apply to the court for an order directing the sheriff to
complete execution of the writ. The court shall determine the
right of possession in the property and shall order the sheriff to
continue to execute the writ or shall stay execution of the writ,
if appropriate.
RULE 1.590 PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES Every person who is not a party to the action who has obtained an order, or in whose favor an order has been made, may enforce obedience to such order by the same process as if that person were a party, and every person, not a party, against whom obedience to any order may be enforced shall be liable to the same process for enforcing obedience to such orders as if that person were a party.
RULE 1.600 DEPOSITS IN COURT
In an action in which any part of the relief sought is a
judgment for a sum of money or the disposition of a sum of money or
the disposition of any other thing capable of deliver, a party may
deposit all or any party of such sum or thing with the court upon
notice to every other party and by leave of court. Money paid into
court under this rule shall be deposited and withdrawn by order of
court.
RULE 1.610 INJUNCTIONS
(a) Temporary Injunction.
(1) A temporary injunction may be granted without written or
oral notice to the adverse party only if:
(A) it appears from the specific facts shown by affidavit
or verified pleading that immediate and irreparable injury,
loss, or damage will result to the movant before the adverse
party can be heard in opposition; and
(B) the movant's attorney certifies in writing any
efforts that have been made to give notice; and
(C) the reasons why notice should not be required.
(2) No evidence other than the affidavit or verified pleading
shall be used to support the application for a temporary injunction
unless the adverse party appears at the hearing or has received
reasonable notice of the hearing. Every temporary injunction
granted without notice shall be endorsed with the date and hour of
entry and shall be filed forthwith in the clerk's office and shall
define the injury, state findings by the court why the injury may
be irreparable, and give the reasons why the order was granted
without notice if notice was not given. The temporary injunction
shall remain in effect until the further order of the court.
(b) Bond. No temporary injunction shall be entered unless a
bond is given by the movant in an amount the court deems proper,
conditioned for the payment of costs and damages sustained by the
adverse party if the adverse party is wrongfully enjoined. When
any injunction is issued on the pleading of a municipality or the
state or any officer, agency, or political subdivision thereof, the
court may require or dispense with a bond, with or without surety,
and conditioned in the same manner, having due regard for the
public interest. No bond shall be required for issuance of a
temporary injunction issued solely to prevent physical injury or
abuse of a natural person.
(c) Form and Scope. Every injunction shall specify the
reasons for entry, shall describe in reasonable detail the act or
acts restrained without reference to a pleading or another
document, and shall be binding, on the parties to the action, their
officers, agents servants, employees, and attorneys and on those
persons in active concert or participation with them who receive
actual notice of the injunction.
(d) Motion to Dissolve. A party against whom a temporary
injunction has been granted may move to dissolve or modify it at
any time. If a party moves to dissolve or modify, the motion shall
be heard within 5 days after the movant applies for a hearing on
the motion.
RULE 1.611 MARITAL AND POST-MARITAL PROCEEDINGS
(a) Financial Affidavit. Each party seeking (1) child
support, alimony, or modification thereof; (2) equitable
distribution of assets or debts; or (3) attorneys' fees, suit
money, or court costs shall serve upon all parties a financial
affidavit in substantial conformity with form 1.975. The party
against whom the relief is sought shall serve upon all other
parties an affidavit in substantial conformity with form 1.975. If
no application for a temporary award is made, the parties shall
make and serve affidavits at least 10 days before the trial. Each
party applying for temporary alimony, temporary child support, or
temporary attorneys' fees, suit money, or court costs shall serve
upon all parties a financial affidavit in substantial conformity
with form 1.975. The affidavit of the moving party shall be served
with the notice of hearing on temporary relief. The affidavit of
the party against whom relief is sought must be received by the
moving party at least 2 days before the hearing on temporary
relief.
(b) Payment to Public Officer.
(1) If the chief judge of the circuit by administrative order
authorizes the creation of a central governmental depository for
the circuit or county within the circuit to receive, record, and
disburse all support alimony or maintenance payments, as provided
in section 61.181, Florida Statutes (1983), the court may direct
that payment be made to the officer designated in the
administrative order.
(2) If the court so directs, the payments shall be made to the
officer designated. The officer shall keep complete and accurate
accounts of all payments received. Payments shall be made by cash,
money order, cashier's check, or certified check. The officer
shall promptly disburse the proceeds to the party entitled to
receive them under the judgment or order. Payment may be enforced
by the party entitled to it or the court may establish a system
under which the officer issues a motion for enforcement and a
notice of hearing in the form approved by the supreme court. The
motion and notice shall be served on the defaulting party in person
or by mail. At the hearing the court shall enter an appropriate
order based on the testimony presented to it.
(c) Simplified Dissolution Procedure.
(1) The parties to the dissolution may file a petition for
simplified dissolution if they certify under oath that: there are
no minor or dependent children of the parties and the wife is not
now pregnant; the parties have made a satisfactory division of
their property and have agreed as to payment of their joint
obligations; and the other facts set forth in form 1.943(b) are
true.
(2) The clerk shall submit the petition to the court. The
court shall expeditiously consider the cause. The parties shall
appear before the court in every case and, if the court so directs,
testify. The court, after examination of the petition and personal
appearance of the parties, shall enter a judgment granting the
dissolution if the requirements of this subdivision have been
established and there has been compliance with the waiting period
required by statute.
(3) The Financial Affidavit, form 1.943(d), and the Property
Settlement Agreement, form 1.943(e), may be used when appropriate.
(4) Upon the entry of the judgment, the clerk shall furnish to
each party a certified copy of the final judgment of dissolution,
which shall be in substantially the form provided in form 1.995(b).
(5) The clerk shall provide forms for the parties whose
circumstances meet the requirements of this subsection and shall
assist in the preparation of the petition for dissolution and other
papers to be filed in the action.
(d) Corroboration of Residency. In all dissolution of
marriage proceedings in which residency is not a contested issue,
corroboration of the residency of the parties may be by affidavit
in substantially the form provided in form 1.943(c).
RULE 1.620 RECEIVERS
(a) Notice. The provisions of rule 1.610 as to notice shall
apply to applications for the appointment of receivers.
(b) Report. Every receiver shall file in the clerk's office
a true and complete inventory under oath of the property coming
under the receiver's control or possession under the receiver's
appointment within 20 days after appointment. Every 3 months
unless the court otherwise orders, the receiver shall file in the
same office an inventory and account under oath of any additional
property or effects which the receiver has discovered or which
shall have come to the receiver's hands since appointment, and of
the amount remaining in the hands of or invested by the receiver,
and of the manner in which the same is secured or invested, stating
the balance due from or to the receiver at the time of rendering
the last account and the receipts and expenditures since that time.
When a receiver neglects to file the inventory and account, the
court shall enter an order requiring the receiver to file such
inventory and account and to pay out of the receiver's own funds
the expenses of the order and the proceedings thereon within not
more than 20 days after being served with a copy of such order.
(c) Bond. The court may grant leave to put the bond of the
receiver in suit against the sureties without notice to the
sureties of the application for such leave.
RULE 1.625 PROCEEDINGS AGAINST SURETY ON JUDICIAL BONDS
When any rule or statute requires or permits giving of bond by
a party in a judicial proceeding, the surety on the bond submits to
the jurisdiction of the court when the bond is approved. The
surety shall furnish the address for the service of papers
affecting the surety's liability on the bond to the officer to whom
the bond is given at that time. The liability of the surety may be
enforced on motion without the necessity of an independent action.
The motion shall be served on the surety at the address furnished
to the officer. The surety shall serve a response to the motion
within 20 days after service of the motion, asserting any defenses
in law or in fact. If the surety fails to serve a response within
the time allowed, a default may be taken. If the surety serves a
response, the issues raised shall be decided by the court on
reasonable notice to the parties. The right to jury trial shall
not be abridged in any such proceedings.
RULE 1.630 EXTRAORDINARY REMEDIES
(a) Applicability. This rule applies to actions for the
issuance of writs of mandaus, prohibition, quo warranto,
certiorari, and habeas corpus.
(b) Initial Pleading. The initial pleading shall be a
complaint. It shall contain:
(1) the facts on which the plaintiff relies for relief;
(2) a request for the relief sought; and
(3) if desired, argument in support of the petition with
citations of authority.
The caption shall show the action filed in the name of the
plaintiff in all cases and not on the relation of the state. When
the complaint seeks a writ directed to a lower court or to a
governmental or administrative agency, a copy of as much of the
record as is necessary to support the plaintiff's complaint shall
be attached.
(c) Time. A complaint shall be filed within the time provided
by law.
(d) Process. If the complaint shows a prima facie case for
relief, the court shall issue:
(1) a summons in certiorari;
(2) an order nisi in prohibition;
(3) an alternative writ in mandamus that may incorporate the
complaint by reference only;
(4) a writ of quo warranto; or
(5) a writ of habeas corpus.
The writ shall be served in the manner prescribed by law, except
the summons in certiorari shall be served as provided in rule
1.080(b).
(e) Response. Defendant shall respond to the writ as provided
in rule 1.140, but the answer in quo warranto shall show better
title to the office when the writ seeks an adjudication of the
right to an office held by the defendant.
RULE 1.650 MEDICAL MALPRACTICE PRESUIT SCREENING RULE
(a) Scope of Rule. This rule applies only to the procedures
prescribed by section 768.57 [Pub. Note: now 766.106], Florida
Statutes, for presuit screening of claims for medical malpractice.
(b) Notice.
(1) Notice of intent to initiate litigation sent by certified
mail to and received by any prospective defendant shall operate as
notice to the person and any other prospective defendant who bears
a legal relationship to the prospective defendant receiving the
notice. The notice shall make the recipient a party to the
proceeding under this rule.
(2) The notice shall include the names and addresses of all
other parties and shall be sent to each party.
(3) The court shall decide the issue of receipt of notice when
raised in a motion to dismiss or to abate an action for medical
malpractice.
(c) Discovery.
(1) Types. Upon receipt by a prospective defendant of a
notice of intent to initiate litigation, the parties may obtain
presuit screening discovery by one or more of the following
methods: unsworn statements upon oral examination; production of
documents or things; and physical examinations. Unless otherwise
provided in this rule, the parties shall make discoverable
information available without formal discovery. Evidence of
failure to comply with this rule may be grounds for dismissal of
claims or defenses ultimately asserted.
(2) Procedures for Conducting.
(A) Unsworn Statements. The parties may require other
parties to appear for the taking of an unsworn statement. The
statements shall only be used for the purpose of presuit
screening and are not discoverable or admissible in any civil
action for any purpose by any party. A party desiring to take
the unsworn statement of any party shall give reasonable
notice in writing to all parties. The notice shall state the
time and place for taking the statement and the name and
address of the party to be examined. Unless otherwise
impractical, the examination of any party shall be done at the
same time by all other parties. Any party may be represented
by an attorney at the taking of an unsworn statement.
Statements may be electronically or stenographically recorded,
or recorded on video tape. The taking of unsworn statements
is subject to the provisions of rule 1.310(d) and may be
terminated for abuses. If abuses occur, the abuses shall be
evidence of failure of that party to comply with the good
faith requirements of section 768.57 [Pub. Note: now
766.106], Florida Statutes.
(B) Documents or Things. At any time after receipt by a
party of a notice of intent to initiate litigation, a party
may request discoverable documents or things. The documents
or things shall be produced at the expense of the requesting
party within 20 days of the date of receipt of the request.
A party is required to produce discoverable documents or
things within that party's possession or control. Copies of
documents produced in response to the request of any party
shall be served on all other parties. The party serving the
documents shall list the name and address of the parties upon
whom the documents were served, the date of service, the
manner of service, and the identity of the document served in
the certificate of service. Failure of a party to comply with
the above time limits shall not relieve that party of its
obligation under the statute but shall be evidence of failure
of that party to comply with the good faith requirements of
section 768.57 [Pub. Note: now 766.106], Florida Statutes.
(C) Physical Examinations. Upon receipt by a party of a
notice of intent to initiate litigation and within the presuit
screening period, a party may require a claimant to submit to
a physical examination. The party shall give reasonable
notice in writing to all parties of the time and place of the
examination. Unless otherwise impractical, a claimant shall
be required to submit to only one examination on behalf of all
parties. The practicality of a single examination shall be
determined by the nature of the claimant's condition as it
relates to the potential liability of each party. The report
of examination shall be made available to all parties upon
payment of the reasonable cost of reproduction. The report
shall not be provided to any person not a party at any time.
The report shall only be used for the purpose of presuit
screening and the examining physician may not testify
concerning the examination in any subsequent civil action.
All requests for physical examinations or notices of unsworn
statements shall be in writing and a copy served upon all
parties. The requests or notices shall bear a certificate of
service identifying the name and address of the person upon
whom the request or notice is served, the date of the request
or notice, and the manner of service.
(3) Work Product. Work product generated by the presuit
screening process that is subject to exclusion in a subsequent
proceeding is limited to verbal or written communications that
originate pursuant to the presuit screening process.
(d) Time Requirements.
(1) The notice of intent to initiate litigation shall be
served by certified mail, return receipt requested, prior to the
expiration of any applicable statute of limitations. If an
extension has been granted under section 768.495(2) [Pub. Note:
now 766.104(2)], Florida Statutes, or by agreement of the parties,
the notice shall be served within the extended period.
(2) The action may not be filed against any defendant until 90
days after the notice of intent to initiate litigation was mailed
to that party. The action may be filed against any party at any
time after the notice of intent to initiate litigation has been
mailed after the claimant has received a written rejection of the
claim from that party.
(3) To avoid being barred by the applicable statute of
limitations, an action must be filed within 60 days or within the
remainder of the time of the statute of limitations after the
notice of intent to initiate litigation was received, whichever is
longer, after the earliest of the following:
(A) The expiration of 90 days after the date of receipt
of the notice of intent to initiate litigation.
(B) The expiration of 180 days after mailing of the
notice of intent to initiate litigation if the claim is
controlled by section 768.28(6)(a), Florida Statutes.
(C) Receipt by claimant of a written rejection of the
claim.
(D) The expiration of any extension of the 90-day presuit
screening period stipulated to by the parties in accordance
with section 768.57(4) [Pub. Note: not 766.106(4)], Florida
Statutes.