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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE VIII. LIMITATIONS |
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CHAPTER 95. LIMITATIONS OF ACTIONS; ADVERSE POSSESSION |
Latest version.
- 1(1) 2The running of the time under any statute of limitations except ss. 1495.281, 1595.35, 16and 1795.36 18is tolled by:21(a) 22Absence from the state of the person to be sued.32(b) 33Use by the person to be sued of a false name that is unknown to the person entitled to sue so that process cannot be served on the person to be sued.65(c) 66Concealment in the state of the person to be sued so that process cannot be served on him or her.86(d) 87The adjudicated incapacity, before the cause of action accrued, of the person entitled to sue. In any event, the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action.126(e) 127Voluntary payments by the alleged father of the child in paternity actions during the time of the payments.145(f) 146The payment of any part of the principal or interest of any obligation or liability founded on a written instrument.166(g) 167The pendency of any arbitral proceeding pertaining to a dispute that is the subject of the action.184(h) 185The period of an intervening bankruptcy tolls the expiration period of a tax certificate under s. 201197.482 202and any proceeding or process under chapter 197.210(i) 211The minority or previously adjudicated incapacity of the person entitled to sue during any period of time in which a parent, guardian, or guardian ad litem does not exist, has an interest adverse to the minor or incapacitated person, or is adjudicated to be incapacitated to sue; except with respect to the statute of limitations for a claim for medical malpractice as provided in s. 27695.11277. In any event, the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action.
302Paragraphs (a)-(c) shall not apply if service of process or service by publication can be made in a manner sufficient to confer jurisdiction to grant the relief sought. This section shall not be construed to limit the ability of any person to initiate an action within 30 days after the lifting of an automatic stay issued in a bankruptcy action as is provided in 11 U.S.C. s. 108(c).
370(2) 371A disability or other reason does not toll the running of any statute of limitations except those specified in this section, s. 39395.091, 394the Florida Probate Code, or the Florida Guardianship Law.
History.-s. 16, Nov. 10, 1828; ss. 14, 17, ch. 1869, 1872; RS 1284, 1285; GS 1715, 1716; RGS 2928, 2929; CGL 4648, 4649; s. 4, ch. 74-382; s. 2, ch. 75-234; s. 1, ch. 77-174; s. 3, ch. 86-266; s. 1, ch. 89-26; s. 1, ch. 90-105; s. 519, ch. 95-147; s. 1, ch. 2011-151.
Note
Note.-Former ss. 95.05, 95.07.
