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What Is the Statute of Limitations in Florida?
Florida's statute of limitations sets firm deadlines for civil filings and criminal prosecutions. Limitation periods often vary by claim or offense, and mark when courts reject new cases. The rule protects fairness by avoiding stale claims, preserving evidence, and ensuring witness credibility.
These timelines are codified in statutes of limitations in Florida civil and criminal laws. Statutory deadlines foster fairness in legal proceedings by fending off stale claims, preserving evidence, and ensuring trials are based on credible witness testimony.
How Long Is the Statute of Limitations in Florida?
For civil cases, there are strict time limits for filing a lawsuit in Florida. Negligence-based claims (car accidents, slip-and-fall incidents, and wrongful death) have a two-year limit for incidents on or after March 24, 2023; earlier cases use a four-year limit.
For criminal cases, first-degree felonies allow four years, other felonies three years, first-degree misdemeanors two years, and second-degree misdemeanors one year. Capital crimes have no limit, and child or sex crimes often permit extended or unlimited periods.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Capital or life felony, felony causing death | No limit | No deadline applies |
| General felony | Three years | Default rule unless extended under specific circumstances |
| Felony involving a destructive device | Ten years | Special extended limit |
| First-degree misdemeanor | Two years | - |
| Second-degree misdemeanor or noncriminal violation | One year | - |
What Crimes Have No Statute of Limitations in Florida
Although lots of offenses fall under set deadlines, some crimes carry no statute of limitations and can be prosecuted at any time in Florida. Lawmakers carved out these exceptions because the severity of the conduct outweighs concerns over faded evidence or witness memory. Crimes with no statute of limitations in Florida reflect lasting harm, high culpability, and the state’s duty to ensure justice regardless of time passed.
Crimes with no statute of limitations in Florida include:
- Life felonies
- Felonies causing death
- Sexual battery (on or after July 1, 2020)
- Capital felonies
- Perjury in capital cases
- False imprisonment
- Felony battery
- Human trafficking
- Aggravated child abuse
- Lewd or lascivious acts (battery, molestation, conduct)
- Carjacking
Criminal Statute of Limitations in Florida
The criminal statute of limitations in Florida depends on crime severity and type. The law ensures charges are filed while evidence remains fresh and reliable. Unless a crime falls under the category of no limitation, cases are dismissed if the period expires. These limitation periods fall into the following categories:
- Misdemeanor statute of limitations
- Felony time limits
- Crimes with no statute of limitations
Also, Florida tolls (pauses) the statute of limitations if the suspect leaves the state or lacks a known residence or workplace within the state. The extension, however, cannot exceed three years total.
| Criminal Offense | Limitation Period | Notes |
|---|---|---|
| Capital, Life, or Death Felonies | No limit | Can be prosecuted anytime |
| Sexual Offenses (Victim under 16) | No limit | Can be prosecuted anytime |
| Felonies with DNA ID | No limit | Prosecution anytime after DNA ID is established |
| First-Degree Felony | Four years | Prosecution commencement could be bound by tolling, discovery, and DNA exceptions. |
| Second/Third-Degree Felony | Three years | Prosecution commencement could be bound by tolling, discovery, and DNA exceptions. |
| Environmental Felony | Five years | Clock counts from the date of discovery |
| Public Office Misconduct | Two years | Clock counts from the date of leaving office |
| First-Degree Misdemeanor | Two years | Prosecution commencement could be bound by tolling and discovery exceptions. |
| Second-Degree Misdemeanor | One year | Prosecution commencement could be bound by tolling and discovery exceptions. |
| Fraud / Breach of Fiduciary Duty | Three years | One-year limit after deadline; max three years total. |
| Written Contracts | Five years | - |
| Oral Contracts | Four years | - |
| Personal Injury | Two years | - |
| Wrongful death | Two years | Intentional tort: no limit |
| Professional Malpractice | Two years | Clock counts from the date of discovery. Privity required |
| Intentional abuse Torts | Four or seven years, depending on majority, dependency, or discovery | Seven years after majority(victim’s 18th birthday), four after dependency, or four years from discovery |
| Judgments | 20 years | State costs/fines: no limit |
| Medical Debt | Three years | The clock starts when the facility sends debt to a third party for collection. |
Is There a Statute of Limitations on Attempted Murder?
The statute of limitations for attempted murder in Florida depends on the severity. Unlike murder, which has no limit, attempted murder follows felony timeframes with four years for first-degree attempted murder (Florida statute 775.15). If aggravating factors apply, such as a capital level offense or a related act, the case may be elevated to a no limit crime.
Statute of Limitations on Sexual Assault in Florida
The timeline for filing sexual abuse claims Florida may hinge on the following:
- Victim’s age at the offense
- Whether the assault was reported within 72 hours
- DNA evidence
- Whether the accused was outside Florida
- Legislative updates, such as Donna’s Law
- When the injury and its cause were discovered
The statute of limitations on sexual assault in Florida covers criminal prosecution and civil lawsuits.
Criminal rules:
- No limit for sexual battery against victims under 18 for offenses on or after July 1, 2020
- For victims 16 or older, there is no limit if reported within 72 hours; otherwise, it is up to eight years for first or second degree offenses. This frames the rape reporting deadline Florida.
- DNA identification and absence tolling may extend the limitation period.
Civil claims:
- Adults: four years, or seven years after majority, four years after leaving dependency, or four years from discovery
- Victims under 16: no civil time limit, except claims already barred before July 1, 2010.
Civil Statute of Limitations in Florida
The civil statute of limitations Florida sets the timeframe for filing claims based on the claim type. Missing civil lawsuit deadlines in Florida usually results in dismissal.
The following civil statute of limitations applies to the state:
| Claim Type | Deadline | Florida House Bill 837 and Florida Statutes Title VIII, §95.11 |
|---|---|---|
| Personal injury | Two years (cases filed on or after March 24, 2023), Four years (cases filed before March 24, 2023) | HB 837, Fla. Stat. § 95.11(3)(o) |
| Property damage | Four years | Fla. Stat. § 95.11(3)(g) |
| Libel/slander | Two years (cases filed after March 24, 2023), Four years (cases filed before March 24, 2023) | HB 837, Fla. Stat. § 95.11(3)(h) |
| Fraud | Four years | Fla. Stat. § 95.11(3)(i) |
| Professional malpractice | Two years | Fla. Stat. § 95.11(5)(b) |
| Medical malpractice | Two years (cases filed after March 24, 2023), Four years (cases filed before March 24, 2023) | HB 837, Fla. Stat. § 95.11(4)(c) |
| Trespass | Four years | Fla. Stat. § 95.11(2)(f) |
| Wrongful death | Two years | HB 837 |
| Contracts | Written: Five years; Oral: Four years; Specific performance: One year | Fla. Stat. § 95.11(2)(b), Fla. Stat. § 95.11(3)(k), Fla. Stat. § 95.11(6)(a) |
| Judgments | 20 years domestic; Five years foreign | Fla. Stat. § 95.11(1), Fla. Stat. § 95.11(2)(a) |
Statute of Limitations for Medical Malpractice in Florida
The medical malpractice statute of limitations in Florida handles related malpractice lawsuits within the state. The standard malpractice claim deadline in Florida is two years from the date of the malpractice, or from the point when the injury was or reasonably should have been discovered, with an absolute cap of four years (Florida House Bill 837). A fraudulent concealment by the health provider may trigger a seven-year extension, and minors may file until their 8th birthday. The state also mandates a pre-suit investigation with expert verification and notice to the defendant, pausing the statute for 90 days. Knowing how long to sue a doctor in Florida is essential.
The table below highlights the most common medical malpractice cases in Florida:
| Type of Medical Malpractice | Example |
|---|---|
| Anesthesia Errors | Giving excessive anesthesia or failing to monitor vital signs during surgery |
| Birth Injuries | Delivery negligence causing cerebral palsy or nerve damage |
| Lack of Informed Consent | Performing procedures without warning of serious risks |
| Medication Errors | Wrong drug or dosage leading to harmful effects |
| Misdiagnosis or Delayed Diagnosis | Missing early signs of disease despite apparent symptoms |
| Surgical Blunders | Operating on the wrong body part or leaving surgery apparatus inside a patient |
Statute of Limitations for Debt in Florida
The debt statute of limitations in Florida governs unpaid balances. How long debt can be collected in Florida depends on the debt type, the last payment, or acknowledgement. Written contracts, including unpaid credit card debt Florida, auto loans, personal loans, and medical bills, have a five-year limit. For debts based on oral contracts, the limit is four years. If a creditor obtains a judgment, it may be enforced for 20 years per Fla. Stat. § 95.11(1). Suppose a limitation period ends and creditors lose the right to sue. In that case, the debt remains on credit reports for seven years under the Fair Credit Reporting Act.
| Type of Debt | Statute of Limitations | Notes |
|---|---|---|
| Credit Card | Five years | Clock starts from the last missed payment or default |
| Auto Loan | Five years | Covers repossessed cars and unpaid balances |
| Personal Loan | Five years (written) / Four years (oral) | Covers bank or private loans, depending on form |
| Medical | Five years | Includes bills from hospitals, doctors, and other providers |
| Judgment | 20 years | May be renewed for another twenty under Fla. Stat. § 95.11(1) |
Statute of Limitations for Child Abuse and Child Support in Florida
Under Florida law, certain child abuse crimes have no statute of limitations. For example, criminal charges may be filed at any time for:
- Sexual abuse of a child under 16
- Continuous sexual abuse of a minor
- Rape or sexual assault of a child
- Child exploitation offenses
For civil claims, the child abuse statute of limitations Florida allows survivors until age 25, or four years after leaving dependency or discovering the harm, to sue.
Child support enforcement Florida has no deadline; unpaid support is collectible indefinitely through wage garnishment, license suspension, tax refund interception, property liens, passport suspension, and criminal prosecution for major non-payment.