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<br /> <br />HB 301 2025 <br /> <br /> <br /> <br />CODING: Words stricken are deletions; words underlined are additions. <br />hb301-00 <br />Page 10 of 80 <br />F L O R I D A H O U S E O F R E P R E S E N T A T I V E S <br /> <br /> <br /> <br />information required to be disclosed by paragraph (c) in time to 226 <br />assert a setoff, an unexcused failure to disclose shall, upon 227 <br />hearing and order of court, cause the claimant to be liable for 228 <br />double the original undisclosed judgment and, upon further 229 <br />motion, the court shall enter judgment for the agency in that 230 <br />amount. Except as provided otherwise in this subsection, the 231 <br />failure of the Department of Financial Services or the 232 <br />appropriate agency to make final disposition of a claim within 4 233 <br />6 months after it is filed shall be deemed a final denial of the 234 <br />claim for purposes of this section. For purposes of this 235 <br />subsection, in medical malpractice actions and in wrongful death 236 <br />actions, the failure of the Department of Financial Services or 237 <br />the appropriate agency to make final disposition of a claim 238 <br />within 90 days after it is filed shall be deemed a final denial 239 <br />of the claim. The statute of limitations for medical malpractice 240 <br />actions and wrongful death actions is tolled as to all 241 <br />prospective defendants for the period of time taken by the 242 <br />Department of Financial Services or the appropriate agency to 243 <br />deny the claim. The provisions of this subsection do not apply 244 <br />to such claims as may be asserted by counterclaim pursuant to s. 245 <br />768.14. 246 <br /> (14) Every claim against the state or one of its agencies 247 <br />or subdivisions for damages for a negligent or wrongful act or 248 <br />omission pursuant to this section shall be forever barred unless 249 <br />the civil action is commenced by filing a complaint in the court 250