What does Florida’s clerk-petition medical-negligence extension change?

Establish the applicable original limitation expiry and relevant claim facts.

Preserve the petition filed with the clerk where suit will be filed and proof of the paid fee.

Review all other tolling, timely presuit notice and any applicable repose separately.

1. Establish the applicable original limitation expiry and relevant claim facts.
2. The statute grants an additional ninety-day extension of the limitation period. Establish the original unexpired period and actual tolling before deriving any new expiry. Do not begin a fresh ninety-day claim period on the petition date. This source guide performs no limitation or repose calculation.
3. Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
4. Complete the required act with the proper court or recipient.

Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.

The extension changes an established limitation period. The current petition-date preset omits the underlying expiry and other tolling. The statute excludes revival. One petition input cannot establish an extended final date.

The underlying limitation and repose still require review

Section 95.11(5)(c) compares incident and discovery timing, a four-year outer limit and stated minor and concealment branches. Rule 1.650(d)(1) requires timely notice mailing or first attempted service before the applicable limitation or repose expires, including any established extension. This guide does not decide discovery, concealment, claim classification or extension against repose.

The operative edition and judicial treatment matter

Boyle v. Samotin, decided April 21, 2022 under the 2018 statute, confirms that timely mailing starts limitation tolling while the investigation period is measured from receipt. It preserves Coffaro’s conclusion about sequencing the purchased extension after the final sixty-day period. The current compilation uses delivery and service language. Compare the operative edition and controlling treatment instead of silently transferring an older trigger or extension sequence to a new claim.

Petition and payment are separate required acts

Section 766.104(2) requires petition to the clerk where suit will be filed and payment of the filing fee. Its stated maximum fee is $42. A draft petition, a payment to another court or an unpaid filing does not establish both conditions.

No court order is required and no barred claim is revived

The extension is automatic under paragraph (2), which expressly dispenses with a court order and excludes revival of a claim on which the limitation has run. Establish timely completion rather than assuming a pending request restores a barred claim.

Other tolling must be identified separately

The extension is in addition to other tolling periods. Section 766.106(4) has its own prescribed mailing or first-attempt event, ninety-day screening period and stipulated-extension conditions. Preserve the complete chronology.

Reasonable investigation remains a separate requirement

Section 766.104(1) requires counsel’s reasonable investigation and the stated good-faith certificate in the complaint or initial pleading. The ninety-day extension allows that investigation. Its grant does not prove sufficient investigation or a valid claim.

• This guide does not establish timely presuit notice, a limitation or repose extension, a complete filing window or medical negligence.
• Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.

• Establish the applicable original limitation expiry and relevant claim facts.
• Preserve the petition filed with the clerk where suit will be filed and proof of the paid fee.
• Review all other tolling, timely presuit notice and any applicable repose separately.
• Section 95.11(5)(c) compares incident and discovery timing, a four-year outer limit and stated minor and concealment branches. Rule 1.650(d)(1) requires timely notice mailing or first attempted service before the applicable limitation or repose expires, including any established extension. This guide does not decide discovery, concealment, claim classification or extension against repose.
• Boyle v. Samotin, decided April 21, 2022 under the 2018 statute, confirms that timely mailing starts limitation tolling while the investigation period is measured from receipt. It preserves Coffaro’s conclusion about sequencing the purchased extension after the final sixty-day period. The current compilation uses delivery and service language. Compare the operative edition and controlling treatment instead of silently transferring an older trigger or extension sequence to a new claim.
• Section 766.104(2) requires petition to the clerk where suit will be filed and payment of the filing fee. Its stated maximum fee is $42. A draft petition, a payment to another court or an unpaid filing does not establish both conditions.
• The extension is automatic under paragraph (2), which expressly dispenses with a court order and excludes revival of a claim on which the limitation has run. Establish timely completion rather than assuming a pending request restores a barred claim.
• The extension is in addition to other tolling periods. Section 766.106(4) has its own prescribed mailing or first-attempt event, ninety-day screening period and stipulated-extension conditions. Preserve the complete chronology.
• Section 766.104(1) requires counsel’s reasonable investigation and the stated good-faith certificate in the complaint or initial pleading. The ninety-day extension allows that investigation. Its grant does not prove sufficient investigation or a valid claim.
• File the petition with the clerk of the intended court and pay the prescribed filing fee, which section 766.104(2) caps at $42. Preserve both receipts. The provision requires no court order, but it neither revives an expired claim nor completes investigation, presuit notice or the complaint.