Statute of Limitations Florida: What You Need To Know
Statutes of limitations set the precise deadlines for initiating civil action or filing criminal charges. In Florida, these limitations periods differ by claim type. There’s no uniform rule. But where do they all overlap? Miss a cutoff date, and the court might dismiss your case straightaway. To protect your rights or help a client cut through the complexities, you’ve got to know exactly which clock is ticking when.
Civil and criminal statutes: What’s the difference?
Florida courts often look to precedents from the United States Supreme Court on due process challenges, while the Florida Supreme Court shapes how state limitations play out in everyday cases.
Florida law makes the difference clear: Florida Statute § 95.11 covers civil claims, things like slips and falls, medical malpractice or property damage. § 775.15 sets the rules for criminal charges: felonies and misdemeanors. It tells prosecutors how long they have to file based on how serious the crime is.
Unlike civil claims, some crimes have no statute of limitations at all. A capital felony charge can be brought at any time, as can any life felony carrying the death penalty, so if new evidence surfaces decades after the offense took place, the right to file still stands.
Civil cases in Florida: When can you take legal action?
Most civil timelines begin on the date the harm occurred, or when it reasonably should have been discovered with due diligence. Different claims have different deadlines, but missing any of them means you’re out of luck.
| Case type | Deadline |
| Personal injury | Two years from the accident date or discovery (shortened from four years after March 24, 2023. |
| Wrongful death | Two years starting on the date of death. |
| Medical malpractice | Two years from discovery with a four-year repose. |
| Written contract (can include medical debt and loan agreements) | Five years from breach. A partial debt payment resets the clock. |
| Oral contract | Four years from breach. |
| Property liability (personal and real property) | Four-year statute. |
Criminal cases in Florida: When can the State bring charges?
Criminal statutes give prosecutors deadlines, generally starting when the crime was committed, like the date of a robbery or the last act in a fraud scheme. If the State files formal criminal charges before the deadline, either an indictment or information, the clock pauses.
Time periods prescribed for criminal offenses scale based on seriousness. For the most serious crimes, there is no limit. Criminal prosecution for crimes such as capital felonies, life felonies and some sexual battery charges can start at any time.
For other offenses, time limits are as follows:
| Crime type | Deadline |
| Most first-degree felonies (e.g., armed robbery) | Four years. But some exceptions apply. For example, prosecutors have up to 10 years for certain violent crimes involving destructive devices. |
| Second- and third-degree felonies (e.g., aggravated battery) | Three years. |
| First-degree misdemeanors | Two years. |
| Second-degree misdemeanors | One-year statute. |
Does the law ever make exceptions?
Even if you’ve found the applicable statute, all might not be what it seems. Sometimes the law deviates from the base time limits. The period pauses (or tolls) for:
- Cases involving children. The timeframe is delayed until the person is 18 or reports the crime to a law enforcement agency, whichever occurs first.
- The defendant’s conduct plainly appears fraudulent, and wrongdoing was only discovered later.
- DNA evidence leads to a suspect being identified at a later date.
- The defendant doesn’t have a Florida address, or her absence prevents the court from serving her properly. A defendant’s absence halts the case until they’re reachable.
When, for example, DNA from the original crime scene in a felony battery offense is tested years later and identifies the suspect, prosecutors can file charges. Or, if a business owner discovers his partner has violated his fiduciary obligation by falsifying documents, the timeframe begins when the breach is discovered.
These nuances highlight the importance of doing your own legal research. Always check whether the statute of limitations applies to your specific circumstances.
Check you’ve got the right deadline for your case
When you’re trying to figure out which deadline applies to your legal claims:
- Identify the nature of the issue: civil claim vs criminal charge.
- Start with the statute: §95.11 for civil, §775.15 for criminal.
- Work out the “accrual date”: the moment the event legally begins the clock.
- Check for tolling or special rules: absence, fraud, minors, repose periods.
- Map out the timeline: accrual → tolling → filing/charging date.
Florida’s Legislature website (Online Sunshine ) publishes the most current version of each statute and is the quickest way to confirm you’re working with up-to-date information.
Why Florida statute of limitations matter so much
These time limits ensure the justice system works fairly and practically. People make informed decisions when they know all their options, and Florida courts see less unreasonable delays and congestion when parties act promptly. The legal deadlines affect everyone from injured individuals to huge corporations.
For individuals
If an injured person wants to file a personal injury lawsuit after a car accident, but they wait too long and miss the cutoff date, they lose their right to sue. And they might never get compensation.
For businesses
Being aware of the time frames governing contracts and liabilities helps prevent surprise legal battles years down the line. When a business owner files a contract breach lawsuit too late, they lose the chance to recover any damages.
Time matters in civil and criminal law. Whether you’re involved in a personal injury case or prosecuting a felony violation, if you miss a filing deadline, the case might never make it to court.
Multi-state cases make it even harder to pin down the right deadline. State laws vary and the same statutes don’t apply nationwide. Consult a Florida attorney to help you make sense of state-specific statutes and avoid any late-filing-caused losses.
