Fla. Stat. 400.0236
Statute of limitations


(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 for 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.

Source: Section 400.0236 — Statute of limitations, https://www.­flsenate.­gov/Laws/Statutes/2024/0400.­0236 (accessed Aug. 7, 2025).

400.011
Purpose
400.17
Bribes, kickbacks, certain solicitations prohibited
400.18
Closing of nursing facility
400.19
Right of entry and inspection
400.20
Licensed nursing home administrator required
400.021
Definitions
400.022
Residents’ rights
400.23
Rules
400.023
Civil enforcement
400.024
Failure to satisfy a judgment or settlement agreement
400.25
Educational program authorized
400.33
Legislative intent
400.051
Homes or institutions exempt from the provisions of this part
400.062
License required
400.063
Resident protection
400.071
Application for license
400.102
Action by agency against licensee
400.111
Disclosure of controlling interest
400.118
Quality assurance
400.119
Confidentiality of records and meetings of risk management and quality assurance committees
400.121
Denial, suspension, revocation of license
400.126
Receivership proceedings
400.141
Administration and management of nursing home facilities
400.142
Emergency medication kits
400.143
Institutional formularies established by nursing home facilities
400.145
Copies of records of care and treatment of resident
400.147
Internal risk management and quality assurance program
400.148
Medicaid “Up-or-Out” Quality of Care Contract Management Program
400.151
Contracts
400.162
Property and personal affairs of residents
400.165
Itemized resident billing, form and content prescribed by the agency
400.172
Respite care provided in nursing home facilities
400.175
Patients with Alzheimer’s disease or other related disorders
400.176
Rebates prohibited
400.179
Liability for Medicaid underpayments and overpayments
400.191
Availability, distribution, and posting of reports and records
400.211
Persons employed as nursing assistants
400.215
Personnel screening requirement
400.232
Review and approval of plans
400.0233
Presuit notice
400.0234
Availability of facility records for investigation of resident’s rights violations and defenses
400.0235
Certain provisions not applicable to actions under this part
400.235
Nursing home quality and licensure status
400.0236
Statute of limitations
400.0237
Punitive damages
400.0238
Punitive damages
400.0239
Quality of Long-Term Care Facility Improvement Trust Fund
400.241
Prohibited acts
400.0255
Resident transfer or discharge
400.275
Agency duties
400.332
Funds received not revenues for purpose of Medicaid program
400.334
Activity relating to unions by nursing home employees
400.0625
Minimum standards for clinical laboratory test results and diagnostic X-ray results
400.0712
Application for inactive license
400.1183
Resident grievance procedures
400.1413
Volunteers in nursing homes
400.1415
Patient records
400.1755
Care for persons with Alzheimer’s disease or related disorders

Current through Fall 2025

§ 400.0236. Statute of limitations's source at flsenate​.gov