Florida courts
What is the deadline for medical negligence: window to file suit after the presuit period?
Medical negligence: window to file suit after the presuit period is governed by Fla. R. Civ. P. 1.650(d)(3); Fla. Stat. s. 766.106(4). This page does not calculate a date. Cannot be reduced faithfully to one period. Read the rule text and the noted conditions before relying on any date.
Read why no date is calculated- Period
- 60 calendar days
- Trigger
- The earliest of: expiry of 90 days after service of the notice of intent; expiry of 180 days after service where …
- Rule
- Fla. R. Civ. P. 1.650(d)(3); Fla. Stat. s. 766.106(4)
Florida rules as encoded, holiday calendar verified
Source guide · No automated date
Why this page does not calculate a date
Cannot be reduced faithfully to one period. The claimant gets the LONGER of 60 days or the unexpired remainder of the limitation period measured from service of the notice, and the start point is the earliest of four competing events. Both the residual limitation …
Read Florida Rules of Court Procedure… 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 …
Fla. R. Civ. P. 1.650(d)(3); Fla. Stat. s. 766.106(4)
Which date starts the 60-day period?
The period runs from the earliest of: expiry of 90 days after service of the notice of intent; expiry of 180 days after service where ….
Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read Florida Rules of Court Procedure… 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 …
Fla. R. Civ. P. 1.650(d)(3); Fla. Stat. s. 766.106(4)
This period runs from the specific event in the cited rule. Do not substitute a nearby date such as a hearing, a courtesy copy or the day you first learned of it.
Which date do I enter?How are the 60 calendar days counted?
- Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or Florida legal holiday, continue to the next day that is not one of those.
Exclude the trigger day and count calendar days under Fla. R. Civ. P. 1.090(a).
If the final day is a Saturday, Sunday or legal holiday in the Florida calendar, the computation rule carries it to the next open day.
Florida computes time under Fla. R. Civ. P. 1.090(a). The applied calendar bundles the state legal holidays for the covered years; court-specific closures and emergency orders are not bundled.
Read Fla. R. Civ. P. 1.090(a)The calculation gives the ordinary national-rule date. Check relevant holidays, the court’s accessibility and its filing cutoff separately.
Review the filing checklistWhy no worked calculation is shown
No date is calculated on this page because the encoded provision could not be reduced to one fixed period. Read the rule text, the starting event and the noted branches, then confirm the period in the current rules before relying on any date.
Cannot be reduced faithfully to one period. The claimant gets the LONGER of 60 days or the unexpired remainder of the limitation period measured from service of the notice, and the start point is the earliest of four competing events. Both the residual limitation …
Can an order, motion or extension change the deadline?
- Extensions
- None; the rule fixes the longer of the two measures.
- Orders and local rules
- A scheduling order, stipulation approved by the court, standing order or local rule can set a different period and controls over the national default.
- None; the rule fixes the longer of the two measures.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
- Cannot be reduced faithfully to one period. The claimant gets the LONGER of 60 days or the unexpired remainder of the limitation period measured from service of the notice, and the start point is the earliest of four competing events. Both the residual limitation ….
What should I check before filing?
These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.
Common questions
Find answers about when this 60-day period starts, how it is counted, what can change it and how to keep your calculation.
Starting the clock
Does the clock start on the earliest of: expiry of 90 days after service of the notice of intent; expiry of 180 days after service where …, or when I first learned of it?
The period runs from the earliest of: expiry of 90 days after service of the notice of intent; expiry of 180 days after service where … as the rule defines it, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Counting days and filing
Is it 60 calendar days or business days?
Calendar days. Count intermediate weekends and holidays. If the final day is a Saturday, Sunday or legal holiday, Fla. R. Civ. P. 1.090(a) carries it forward to the next day that is not one of those.
Fla. R. Civ. P. 1.090(a)Which time zone and filing cutoff apply?
Florida filing rules and the court’s electronic filing system set the cutoff. This calculator does not verify filing hours or system availability.
Fla. R. Civ. P. 1.090(a)What if the court is inaccessible on the last day?
Fla. R. Civ. P. 1.090(a) and the court’s administrative orders govern an inaccessible clerk’s office. Check the court’s notices. This calculator does not predict a closure.
Fla. R. Civ. P. 1.090(a)Extensions and local rules
Can the court extend this deadline?
None; the rule fixes the longer of the two measures. A request does not itself extend the period, and no discretionary extension is calculated here.
Do local rules, standing orders or a scheduling order change the date?
They can. Many courts set their own periods by local rule, standing order or case-specific order, and those control over the national default. This calculator gives the national-rule date only; compare it with any order in the case before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under the cited rule. It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit. Those questions need separate review.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free national-rule calculation, citation, counting steps and warnings. You can add court context after the result. Missing court review keeps the result provisional.
Results, records and your case
What is included in an Evidence Record?
The retained inputs, result, cited rule, calculation working, warnings and review state. The PDF includes a payload digest and retained-data appendix, and the record can be verified against its fingerprint later. It records the calculation, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. Provisional records remain subject to review. A separately labeled manual date does not alter the original calculation.
Official sources and review
The period and the counting method come from different provisions. The official source is the court’s published rules; the reading links open the rule text at the Legal Information Institute.
| Provision | Purpose |
|---|---|
| Fla. R. Civ. P. 1.650(d)(3); Fla. Stat. s. 766.106(4) | Trigger and period |
| Fla. R. Civ. P. 1.090(a) | Counting, holidays and the last day |
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Published by Deadline Engine. This tool calculates the ordinary period under the cited rule. It does not decide whether the rule applies, obtain an extension or file anything for you.