Medical Professional Liability State Profile:
Florida
CME Requirements
Credit Amount
Florida requires a total of 40 hours of CME credits per license renewal cycle. First-time license renewals require a total of only 3 hours of CME credits.
Licensure Cycle
Biennial—expiring on Jan. 31.
- Group 1 licenses expire in years ending in even numbers.
- Group 2 licenses expire in years ending in odd numbers.
Topics
For MDs:
- Second and subsequent renewals require 40 hours including 2 hours of Category 1 or 2 on prevention of medical errors.
- Every third renewal requires 40 hours, including two hours of Category 1 or 2 in prevention of medical errors and two hours of Category 1 or 2 in domestic violence.
- Each person registered with the DEA and authorized to prescribe controlled substances must complete 2 hours of AMA Category 1 or AOA Category 1-A on prescribing controlled substances for each biennial renewal.
For DOs:
- Beginning in the 2010-2012 licensure biennium, five of the CME hours must include one hour in each of the following topics: 1) professional and medical ethics education, Florida laws and rules, and federal and state laws related to the prescribing of controlled substances; and two hours required in the Prevention of Medical Errors.
- Every third biennial renewal, licensee shall complete a two hour domestic violence course.
- Licensee must complete a one hour HIV/AIDS course no later than upon the first biennial renewal.
- Twenty (20) hours of general, AOA Category 1-A CE related to the practice of osteopathic medicine or under osteopathic auspices.
The Florida CME requirements listed above were accurate when posted, but CME state requirements change frequently. Due to COVID-19, certain states may have modified their licensure requirements. Physicians are advised to confirm Florida’s current requirements with the Florida Board of Medicine.
- Prejudgment and Post-Judgment Interest
- One Party or All Party Consent
- Department of Insurance Reporting
- Tort Laws
Prejudgment and Post-Judgment Interest
Prejudgment interest rates only apply to contract actions.
Tort actions rate: The rate of interest established in the contract, if any. If no rate is established, the rate established by the State’s Chief Financial Officer
- Fla. Stat. § 55.03
Accrual date: “[W]hen a verdict liquidates damages on a plaintiff’s out-of-pocket, pecuniary losses, plaintiff is entitled, as a matter of law, to prejudgment interest at the statutory rate from the date of loss.”
- Argonaut Ins. Co. v. May Plumbing Co., 474 So.2d 212 (Fla. 1985)
Postjudgment Contract and Tort Actions Rate: The rate of interest established in the contract, if any. If no rate is established, the rate established by the State’s Chief Financial Officer
- Fla. Stat. § 55.03
Accrual date: The date judgement is filed with the court clerk
One Party or All Party Consent
Florida is an all-party consent state.
It is a criminal offense to use any device to record communications, whether they’re wire, oral, or electronic, without the consent of everyone taking part in the communication (Fla. Stat. § 934.03(2)(d)). This means that in Florida you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement.
Department of Insurance Reporting
The Florida Department of Insurance publishes an annual report which outlines market trends, examinations and investigations, insurance regulations, and more. A section on the state of property and casualty is included.
Tort Laws
Limits on damages for pain and suffering: None.
- §766.118 (2003) Ruled unconstitutional by State Supreme Courte June 2017
Limits on contingent attorney fees: After costs, 30% of first $250k, 10% of anything over $250k
- FL Const. Art. I, Sec. 26 (Effective 11/2004)
Reform of collateral source rule: Mandatory
- §768.76 (1986)
Periodic payment of future damages: Mandatory over $250k at request of either party
- §768.78 (1988)
Statute of limitations: 2 years or 2 years from discovery; 4 year maximum
- §95.11 (1975)