Fla. R. Civ. P. 1.650

(a) Scope of Rule. This rule applies only to the procedures

prescribed by section 766.106, Florida Statutes, for presuit

screening of claims for medical malpractice.

(b) Service of Notice of Intent to Initiate Litigation.

(1) Before filing a complaint for medical negligence, a

claimant must serve a notice of intent to initiate litigation on each

prospective defendant by any of the verifiable means provided by

section 766.106(2)(a), Florida Statutes. A notice served on any

prospective defendant must operate as notice to that prospective

defendant and any other prospective defendant who bears a legal

relationship to the prospective defendant served with the notice.

The notice must make the served prospective defendant a party to

the proceeding under this rule.

(2) The notice must include the names and addresses

of all other parties and must be sent to each party.

(3) If, during subsequent litigation, service is

challenged in the first response to the complaint, the court must

conduct an evidentiary hearing as provided by section

766.106(2)(b)(2), Florida Statutes.

(c) Discovery.

(1) Types. After a prospective defendant has been

served with a notice of intent to initiate litigation, the parties may

obtain presuit screening discovery by 1 or more of the following

methods: unsworn statements on oral examination; production of

documents or things; physical examinations; written questions; and

unsworn statements of treating health care providers. Unless

otherwise provided in this rule, the parties must make discoverable

information available without formal discovery. Evidence of failure

to comply with this rule may be grounds for dismissal of claims or

defenses ultimately asserted

(2) Procedures for Conducting.

(A) Unsworn Statements. Any party may require

other parties to appear for the taking of an unsworn statement. The

statements must only be used for the purpose of presuit screening

and are not discoverable or admissible in any civil action for any

purpose by any party. A party desiring to take the unsworn

statement of any party must give reasonable notice in writing to all

parties. The notice must state the time and place for taking the

statement and the name and address of the party to be examined.

Unless otherwise impractical, the examination of any party must be

done at the same time by all other parties. Any party may be

represented by an attorney at the taking of an unsworn statement.

Statements may be transcribed or electronically recorded, or

audiovisually recorded. The taking of unsworn statements of minors

is subject to the provisions of rule 1.310(b)(8). The taking of

unsworn statements is subject to the provisions of rule 1.310(d)

and may be terminated for abuses. If abuses occur, the abuses

must be evidence of failure of that party to comply with the good

faith requirements of section 766.106, Florida Statutes.

(B) Documents or Things. At any time after service

of a notice of intent to initiate litigation on a prospective defendant,

a party may request discoverable documents or things. The

documents or things must be produced at the expense of the

requesting party within 20 days of serving the request. A party is

required to produce discoverable documents or things within that

party’s possession or control. Copies of documents produced in

response to the request of any party must be served on all other

parties. The party serving the documents must list the name and

address of the parties on whom the documents were served, the

date of service, the manner of service, and the identity of the

document served in the certificate of service. Failure of a party to

comply with the above time limits must not relieve that party of its

obligation under the statute but must be evidence of failure of that

party to comply with the good faith requirements of section

766.106, Florida Statutes.

(C) Physical Examinations. After a prospective

defendant has been served with a notice of intent to initiate

litigation and within the presuit screening period, a party may

require a claimant to submit to a physical examination. The party

must give reasonable notice in writing to all parties of the time and

place of the examination. Unless otherwise impractical, a claimant

must be required to submit to only one examination on behalf of all

parties. The practicality of a single examination must be determined

by the nature of the claimant’s condition as it relates to the

potential liability of each party. The report of examination must be

made available to all parties on payment of the reasonable cost of

reproduction. The report must not be provided to any person not a

party at any time. The report must only be used for the purpose of

presuit screening and the examining physician may not testify

concerning the examination in any subsequent civil action. All

requests for physical examinations or notices of unsworn

statements must be in writing and a copy served on all parties. The

requests or notices must bear a certificate of service identifying the

name and address of the person on whom the request or notice is

served, the date of the request or notice, and the manner of service.

Any minor required to submit to examination under this rule must

have the right to be accompanied by a parent or guardian at all

times during the examination, except on a showing that the

presence of a parent or guardian is likely to have a material,

negative impact on the minor’s examination.

(D) Written Questions. Any party may request

answers to written questions, the number of which may not exceed

30, including subparts. The party to whom the written questions

are directed must respond within 20 days of service of the

questions. Copies of the answers to the written questions must be

served on all other parties. The party serving the answer to the

written questions shall list the name and address of the parties on

whom the answers to the written questions were served, the date of

service, and the manner of service in the certificate of service.

Failure of a party to comply with the above time limits will not

relieve that party of its obligation under the statute, but will be

evidence of failure of that party to comply with the good faith

requirements of section 766.106, Florida Statutes.

(E) Unsworn Statements of Treating Healthcare

Providers. A prospective defendant or his or her legal representative

may also take unsworn statements of the claimant’s treating

healthcare providers. The statements must be limited to those areas

that are potentially relevant to the claim of personal injury or

wrongful death. Subject to the procedural requirements of

subdivision (c)(2)(A), a prospective defendant may take unsworn

statements from claimant’s treating health care providers. The

statements must only be used for the purpose of presuit screening

and are not discoverable or admissible in any civil action for any

purpose by any party. A party desiring to take the unsworn

statement of treating healthcare providers must give reasonable

notice in writing to all parties. The notice must state the time and

place for taking the statement and the name and address of the

treating healthcare provider to be examined. Unless otherwise

impractical, the examination of any treating healthcare provider

must be done at the same time by all other parties. Any party may

be represented by an attorney at the taking of an unsworn

statement of treating healthcare providers. Statements may be

transcribed or electronically recorded, or audiovisually recorded.

The taking of unsworn statements of a treating healthcare provider

is subject to the provisions of rule 1.310(d) and may be terminated

for abuses. If abuses occur, the abuses will be evidence of failure of

that party to comply with the good faith requirements of section

766.106, Florida Statutes.

(3) Work Product. Work product generated by the

presuit screening process that is subject to exclusion in a

subsequent proceeding is limited to verbal or written

communications that originate under the presuit screening process.

(d) Time Requirements.

(1) Before the expiration of any applicable statute of

limitations or statute of repose, the notice of intent to initiate

litigation must be mailed to the prospective defendant as provided

in sections 766.106(2)(a)1.–3., Florida Statutes, or an attempt to

serve the prospective defendant must be made in accordance with

section 766.106(2)(a)4., Florida Statutes. If an extension has been

granted under section 766.104(2), Florida Statutes, or by agreement

of the parties, the notice must be mailed or service first attempted

within the extended period.

(2) A suit may not be filed against any prospective

defendant for a period of 90 days after the notice of intent to initiate

litigation was delivered to that party. A suit may be filed against any

party at any time after the notice of intent to initiate litigation has

been served and after the claimant has received a written rejection

of the claim from that party.

(3) To avoid 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 of

intent to initiate litigation was served, whichever is longer, after the

earliest of the following:

(A) The expiration of 90 days after the date of

service of the notice of intent to initiate litigation.

(B) The expiration of 180 days after service of the

notice of intent to initiate litigation if the claim is controlled by

section 768.28(6)(a), Florida Statutes.

(C) Receipt by claimant of a written rejection of the

claim.

(D) The expiration of any extension of the 90-day

presuit screening period stipulated to by the parties in accordance

with section 766.106(4), Florida Statutes.