In re Amendment to Rules of Civil Procedure, Rule 1.650(d)(2)
- Reporters:
- , , ,
- Before:
- Barkett
We have before us a petition by the Civil Procedure Rules Committee of The Florida Bar to amend Rule of Civil Procedure 1.650(d)(2) tо conform with section 766.-106(3)(a), Florida Statutеs (1989).
The existing rule 1.650 was adopted by this Court to provide uniform procedures for implеmenting the medical malpractice presuit notice requirements of section 768.-57, Florida Statutes (Supp.1986) (renumbered as section 766.106; Florida Statutes (Supp.1988)). In re Medical Malpractice Presuit Screening Rules—Civil Rules of Procedure,
Subsequent to the adoption of rule 1.650(d)(2), the legislature amended sectiоn 768.57(3)(a) and reduced the notice requirеment for bringing a medical malpractice action against a state agency from 180 days to 90 days. Ch. 88-173, Laws of Fla. (codified at § 766.106(3)(a), Fla.Stat. (Supp. 1988)).
Despite the change in the statutory requirements, rule 1.650(d)(2) still cоntains the 90-day/180-day dichotomy. Thus, the rule is in direct conflict with the statute.
Accordingly, we hereby adopt the proposed amendment, as follows:
RULE 1.650 MEDICAL MALPRACTICE PRESUIT SCREENING RULE
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(d) Time Requirements
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(2) The action may nоt be filed against any defendant until 90 days after the Notice of Intent to Initiate Litigatiоn was mailed to that party. If the defendant is the State ■or-any subdiv-isi&n-subject to Sectiоn 768.29(6)(a), Florida Statutes,-the action may not be filed-against that defendant until 1-80 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 Initiatе Litigation has been mailed after the claimant has received a written rejection of the claim from that party.
This amendment shall become effective immediately.
It is so ordered.
Notes
We have jurisdiction pursuant to article V, section 2(a) of the Florida Constitution.