Florida Statute of Limitations: Filing Deadlines by Case Type (2026 Guide)

Overview of Florida Statute of Limitations

Florida's statute of limitations sets strict deadlines for filing lawsuits in both civil and criminal cases. These deadlines are codified primarily in Florida Statutes Chapter 95 (Limitations of Actions) and Chapter 775 (Criminal Procedure) and vary depending on the type of claim. Missing a deadline can result in your case being dismissed, regardless of how strong your claim may be.

The time limits range from 2 years for personal injury claims to 5 years for written contract disputes. Some claims, such as medical malpractice, have complex rules with multiple overlapping deadlines and pre-suit requirements.

2023 Tort Reform: Major Changes Under HB 837

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 into law, bringing sweeping changes to Florida's tort system. These changes significantly shortened several statute of limitations deadlines for claims arising after the effective date.

Key Changes

• Personal injury: Reduced from 4 years to 2 years (Fla. Stat. § 95.11(3)(a))
• Property damage: Reduced from 4 years to 2 years for certain claims
• Bad faith insurance claims: New 5-year limit from the date of loss or 3 years from the date the claim was paid, whichever is later
• Negligent security claims: Comparative fault rules changed, affecting how damages are calculated

Civil Statute of Limitations by Case Type

The following table summarizes the most common civil statute of limitations deadlines in Florida. These are general time limits and special rules may apply depending on the specific facts of your case.

Personal Injury Claims in Florida

Under Fla. Stat. § 95.11(3)(a), Florida's statute of limitations for personal injury claims is 2 years from the date the cause of action accrues. This deadline was reduced from 4 years to 2 years by HB 837, effective March 24, 2023. This applies to a wide range of cases, including:

• Car accidents and motor vehicle collisions
• Slip and fall / premises liability cases
• Assault and battery
• Dog bites and animal attacks
• Negligence claims
• Product liability injuries
• Nursing home abuse and neglect

Discovery Rule

Florida courts recognize the discovery rule in certain cases. Under this doctrine, the statute of limitations does not begin to run until the plaintiff discovered, or through reasonable diligence should have discovered, the injury and its cause. This is commonly applied in cases involving latent injuries, toxic exposure, and occupational diseases.

Minors

If the injured person is under 18 at the time of the injury, the statute of limitations is generally tolled (paused) until they reach the age of majority. The 2-year clock then starts on their 18th birthday, giving them until age 20 to file a lawsuit. However, there is an important exception: medical malpractice claims for minors are subject to the 4-year statute of repose, meaning the claim must be filed within 4 years of the incident regardless of the child's age (except for claims involving fraud, concealment, or intentional misrepresentation).

Contract Disputes in Florida

Florida law distinguishes between written and oral contracts, with different statute of limitations periods for each.

Written Contracts

Under Fla. Stat. § 95.11(2)(b), the statute of limitations for breach of a written contract is 5 years from the date the cause of action accrues. This applies to employment agreements, lease agreements, business contracts, promissory notes, and other written agreements. The clock starts on the date the breach occurred. Florida provides one of the longer written contract deadlines among U.S. states.

Oral Contracts

Under Fla. Stat. § 95.11(3)(k), the statute of limitations for breach of an oral contract is 4 years from the date of the breach. Oral contracts are enforceable in Florida for most purposes (except for contracts subject to the Statute of Frauds, such as real estate transactions), but the shorter deadline reflects the difficulty of proving the terms of an unwritten agreement after a long period of time.

Contracts for the Sale of Goods (UCC)

For contracts involving the sale of goods, Florida's version of the Uniform Commercial Code (Fla. Stat. § 672.725) sets a 4-year statute of limitations. The parties may reduce this to not less than 1 year, but may not extend it beyond 4 years.

Medical Malpractice in Florida

Florida's medical malpractice statute of limitations is governed by Fla. Stat. § 95.11(4)(b). The rules are more complex than most other claim types:

• 2 years from the date the incident was discovered, or should have been discovered with reasonable diligence
• 4 years from the date of the incident (statute of repose), whichever occurs first

This means that even if you did not discover the injury right away, you generally cannot file more than 4 years after the date of the negligent act. There are limited exceptions:

• Fraud, concealment, or intentional misrepresentation: If the healthcare provider fraudulently concealed or misrepresented the error, the statute of limitations is extended by 2 years from the date of discovery, subject to an absolute maximum of 7 years from the date of the incident
• Minors: For minors, the 4-year statute of repose applies, except that a child may file on or before their 8th birthday if the incident occurred before age 8

Pre-Suit Requirements

Florida requires medical malpractice plaintiffs to complete a pre-suit investigation and provide 90 days' notice of intent to sue to each prospective defendant before filing a lawsuit. This pre-suit notice requirement, codified at Fla. Stat. § 766.106, is mandatory and failure to comply can result in dismissal of your claim. The pre-suit period also tolls (pauses) the statute of limitations for 90 days.

Property Damage Claims in Florida

Under Fla. Stat. § 95.11(3)(f), the statute of limitations for property damage claims in Florida is 4 years. This applies to:

• Damage to real property (land, buildings, structures)
• Damage to personal property (vehicles, equipment, belongings)
• Trespass to real property
• Conversion (theft or unauthorized use of personal property)
• Vandalism and intentional property damage

Hurricane and Storm Damage Claims

Florida's frequent exposure to hurricanes and tropical storms creates unique property damage scenarios. Property damage from storms is generally subject to the 4-year deadline from the date of the storm. However, insurance disputes related to storm damage may have different deadlines depending on the specific claim and policy terms.

Construction Defects

For latent defects in construction, Florida has a statute of repose of 10 years from the date of actual possession by the owner, issuance of a certificate of occupancy, or completion of the contract, whichever is latest (Fla. Stat. § 95.11(3)(c)). This is an absolute deadline that applies regardless of when the defect was discovered.

Debt Collection in Florida

The statute of limitations for debt collection in Florida depends on the type of debt:

When Does the Clock Start?

For most debts, the statute of limitations starts from the date of last payment or the date of default, whichever is later. Each payment on an account may restart the clock in Florida.

Florida's Protections Against Time-Barred Debt Collection

Florida has some of the strongest consumer protections in the country regarding time-barred debt. Under Fla. Stat. § 559.72(9), it is illegal for a debt collector to file or threaten to file a lawsuit on a debt that is past the statute of limitations. Violations can result in liability for damages, attorney's fees, and court costs.

Wrongful Death Claims in Florida

Under Fla. Stat. § 95.11(4)(d), the statute of limitations for wrongful death claims in Florida is 2 years from the date of the decedent's death. This applies when a person's death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another.

Under Florida's Wrongful Death Act (Fla. Stat. § 768.16–768.26), the personal representative of the decedent's estate must file the lawsuit on behalf of surviving family members, including:

• The surviving spouse
• Minor children (under 25 in some cases)
• Parents of a deceased minor child
• Other dependents who relied on the decedent for support

Common Wrongful Death Scenarios

• Fatal car or truck accidents
• Medical malpractice resulting in death
• Workplace fatalities
• Defective products causing death
• Intentional acts of violence
• Premises liability deaths

If the wrongful death claim is against a government entity, the 3-year pre-suit notice deadline under Fla. Stat. § 768.28 applies instead of the standard 2-year deadline.

Claims Against Government Entities in Florida

Florida's sovereign immunity law, codified at Fla. Stat. § 768.28, establishes a special framework for claims against government entities. The process has two stages:

Stage 1: Pre-Suit Notice

Under Fla. Stat. § 768.28(6)(a), you must file a verified written claim (pre-suit notice) with the relevant government agency and the Florida Department of Financial Services within 3 years of the date the cause of action accrues. This applies to claims against:

• The State of Florida
• Cities and counties
• Public school districts and state universities
• Public hospitals and transit authorities
• Any other state or local government entity or subdivision

Stage 2: Investigation and Lawsuit

The government entity then has 180 days to investigate the claim. During this period, the statute of limitations is tolled (paused). The agency may settle the claim or deny it. If the claim is denied, you may then file a lawsuit in court.

Damages Cap

Florida imposes a cap on damages recoverable against government entities:

• $200,000 per person
• $300,000 per incident

These caps can only be exceeded by a special act of the Florida Legislature, which is rare but has occurred in high-profile cases.

Criminal Statute of Limitations in Florida

Florida's criminal statute of limitations is governed by Fla. Stat. § 775.15. The deadlines vary based on the severity and type of offense:

Theft Crimes

Theft offenses in Florida are classified by degree, which determines the statute of limitations. First-degree misdemeanor theft (petty theft under $300) carries a 2-year limitation period under Fla. Stat. § 775.15(5)(a). Third-degree felony theft (grand theft, $300 to $20,000) has a 3-year limit. First-degree felony theft (grand theft over $50,000 or specified property) carries a 4-year limit.

If the theft involves fraud or breach of fiduciary obligation, the limitation period is extended. Prosecutors have 1 year from the date the offense was discovered or should have been discovered, but this cannot exceed 3 years total from the date of the offense (Fla. Stat. § 775.15(10)). This discovery rule is critical in fraud cases, where the theft may not be immediately apparent.

Violent Crimes

Violent crimes in Florida have varying limitation periods based on severity. First-degree murder and capital felonies have no statute of limitations — charges can be filed at any time (Fla. Stat. § 775.15(4)(a)). Second-degree murder (a first-degree felony) carries a 4-year limit. Manslaughter (a first-degree felony) also has a 4-year limit.

Aggravated battery with a deadly weapon or great bodily harm is a second-degree felony with a 3-year limit. Simple battery is a first-degree misdemeanor with a 2-year limit. Domestic violence battery follows the same timeline as simple battery, though prosecutors may file additional charges that extend the limitation period.

Aggravated child abuse has no statute of limitations under Fla. Stat. § 775.15(4)(j), reflecting Florida's commitment to protecting children from severe abuse regardless of when the offense is reported.

DUI and Driving Offenses

A standard DUI (first or second offense) is a misdemeanor or second-degree misdemeanor, depending on circumstances, with a 2-year or 1-year limitation period respectively. DUI with serious bodily injury is a third-degree felony with a 3-year limit. DUI manslaughter is a first-degree felony with a 4-year limit. If the driver left the scene and the death resulted, it may be classified as a life felony with no time limit.

Leaving the scene of an accident involving injury is a third-degree felony (3 years). If the accident involved death, it is a first-degree felony (4 years). Habitual traffic offender violations are typically first-degree misdemeanors with a 2-year limit.

Fraud and White-Collar Crimes

Florida law provides extended limitation periods for fraud and white-collar crimes, particularly when vulnerable victims are involved. Fraud against an elderly victim (age 65 or older) carries a 5-year limitation period under Fla. Stat. § 775.15(11). This applies to schemes to defraud, organized fraud, and financial exploitation of the elderly.

Medicaid provider fraud and insurance fraud have a 5-year limitation period. Securities transaction violations also carry a 5-year limit. For environmental control violations under Chapter 403, the limitation period is 5 years from the date the violation is discovered (Fla. Stat. § 775.15(12)).

For fraud involving breach of fiduciary obligation, prosecutors have 1 year from discovery, but the total period cannot exceed 3 years from the offense date. This balances the need to investigate complex financial crimes with the defendant's right to timely prosecution.

Sex Crimes and Crimes Against Children

Florida has some of the most aggressive statute of limitations policies in the nation for sex crimes, particularly those involving children. Sexual battery on a victim under 16 has no statute of limitations under Fla. Stat. § 775.15(4)(b). This applies to offenses committed on or after July 1, 2020. For offenses committed before that date, different rules may apply based on the victim's age at the time.

Lewd or lascivious battery, molestation, or conduct on a victim under 16 also has no time limit. Human trafficking of a minor has no statute of limitations. Aggravated child abuse has no time limit.

For sexual battery on a victim aged 16-17, the limitation period is 4 years, or 1 year from the date the victim discovers the offense if the victim was under 18 at the time (Fla. Stat. § 775.15(13)). For other sexual offenses involving adult victims, the standard felony limitation periods apply (3-4 years depending on degree).

Florida also provides a DNA evidence exception for certain sex crimes: if DNA evidence identifies the perpetrator, prosecutors can bring charges within 1 year of the discovery of that evidence, regardless of whether the standard limitation period has expired (Fla. Stat. § 775.15(14)).

Tolling and Exceptions in Florida

Under certain circumstances, Florida law allows the statute of limitations to be "tolled" (paused or extended). Common tolling doctrines include:

Minority (Under 18)

If the plaintiff is under 18 at the time the cause of action accrues, the statute of limitations is generally tolled until they reach the age of majority. This is codified at Fla. Stat. § 95.051. The clock starts on the plaintiff's 18th birthday. However, this tolling does not apply to the statute of repose in medical malpractice cases (the 4-year absolute deadline still applies).

Mental Incapacity

If the plaintiff is of unsound mind or lacks the legal capacity to manage their own affairs at the time the cause of action accrues, the statute of limitations may be tolled under Fla. Stat. § 95.051. The tolling ends when the incapacity is removed.

Defendant's Absence from the State

Under Fla. Stat. § 95.051(1)(f), if the defendant is absent from the state of Florida at the time the cause of action accrues, the statute of limitations does not begin to run until the defendant returns. If the defendant leaves after the cause of action accrues, the time of absence is not counted.

Discovery Rule

Florida courts recognize the discovery rule in many types of cases. Under this doctrine, the statute of limitations does not begin until the plaintiff discovered, or through reasonable diligence should have discovered, the facts giving rise to the claim. This is particularly relevant in:

• Medical malpractice (hidden injuries)
• Toxic exposure and environmental contamination
• Fraud and misrepresentation
• Professional malpractice (legal, accounting)
• Occupational diseases

Fraudulent Concealment

If the defendant fraudulently concealed the facts giving rise to the claim, the statute of limitations is tolled until the plaintiff discovered or should have discovered the claim. In medical malpractice cases, fraudulent concealment can extend the deadline by up to 2 years (7-year absolute maximum).

When Does the Clock Start?

Understanding when the statute of limitations clock begins is just as important as knowing the length of the limitation period. Florida law recognizes two primary rules for determining when the clock starts:

Occurrence Rule

For most claims, the statute of limitations begins on the date the injury or incident occurred. For example, if you are injured in a car accident on January 15, 2024, the 2-year personal injury deadline runs from that date, expiring on January 15, 2026. This is the default rule under Florida law.

Discovery Rule

In certain cases, the clock does not start until the plaintiff discovered or reasonably should have discovered the injury. Florida applies the discovery rule in specific situations:

• Medical malpractice — 2 years from discovery, but no more than 4 years from the incident (statute of repose)
• Fraud — the clock may start when the fraud was discovered or should have been discovered
• Foreign objects left in body — the clock starts from the date the object was discovered or should have been discovered
• Certain fraud-based criminal offenses — 1 year from discovery under Fla. Stat. § 775.15(10)

How Prosecution Officially Begins (Criminal Cases)

For criminal cases, the statute of limitations is satisfied as long as prosecution is "commenced" before the deadline expires. Under Florida law, prosecution is commenced by:

• Filing an indictment or information — the formal charging document
• Filing a complaint — for misdemeanor cases
• Issuing an arrest warrant — provided the warrant identifies the defendant with sufficient specificity

The warrant provision is significant: if police identify a suspect near the end of the limitations period but cannot physically locate the person, they can preserve the case by obtaining a warrant. Once the warrant issues, the deadline is met even if the arrest happens years later.

DNA Evidence and Cold Cases

Florida provides a powerful exception to the standard statute of limitations when DNA evidence is involved. Under Fla. Stat. § 775.15(14), if DNA evidence identifies the perpetrator of certain sex crimes, prosecutors can bring charges within 1 year of the date the suspect's identity is conclusively established through DNA testing, regardless of whether the standard limitation period has expired.

This provision is designed for cold cases where biological evidence was collected at the crime scene but DNA technology either did not exist at the time or was not applied. Combined with advances in forensic science, this means old cases can be revived decades later when a DNA database match identifies a suspect.

The DNA exception applies to:

• Sexual battery
• Lewd or lascivious offenses
• Other specified sex crimes where biological evidence was preserved

For the DNA exception to apply, the biological evidence must have been analyzed for DNA within specific timeframes, and the crime must be one that requires sex offender registration. This ensures that only serious sex crimes with preserved physical evidence qualify for this extended prosecution window.

Challenging Expired Charges

If you believe criminal charges were filed after the statute of limitations expired, the defense is raised through a pretrial motion to dismiss. The defendant bears the burden of proving that the deadline has passed as a matter of law. A court will grant the motion only if there is no factual dispute about whether the time limit expired.

In practice, statute of limitations disputes often hinge on when the clock started rather than simple calendar math. Prosecutors may argue:

• The discovery rule delayed the start date (the offense was not discovered until later)
• Tolling paused the clock during the defendant's absence from Florida
• The DNA evidence exception applies

Each of these arguments introduces factual questions that can prevent dismissal on a pretrial motion. An expired statute of limitations is one of the strongest defenses available in a criminal case, but proving it requires pinning down the exact dates when the offense occurred, when it was discovered, and whether any tolling events interrupted the countdown.

For civil cases, the defendant must raise the statute of limitations as an affirmative defense in their initial response to the complaint. If the defendant fails to raise the defense, they may waive it. Florida courts strictly enforce these deadlines, and a successful statute of limitations defense results in dismissal without the court addressing the underlying merits of the case.

Legal References

This guide references the following Florida statutes. You can read the full text of each statute on the official Florida Legislature website:

• Florida Statutes Chapter 95 — Limitations of Actions
• Florida Statutes Chapter 775 — Criminal Procedure (Section 775.15)
• Florida Statutes Chapter 768 — State Waiver of Sovereign Immunity
• House Bill 837 (2023) — Tort Reform
• Fla. Stat. § 95.11 — Limitations of actions other than for recovery of real property
• Fla. Stat. § 95.051 — General provisions for tolling
• Fla. Stat. § 95.031 — Product liability statute of repose
• Fla. Stat. § 775.15(4) — Criminal SOL: offenses with no time limit
• Fla. Stat. § 775.15(10) — Criminal SOL: fraud and breach of fiduciary obligation
• Fla. Stat. § 775.15(14) — Criminal SOL: DNA evidence exception

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Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Statute of limitations laws are subject to change and may be affected by recent legislation (including HB 837, effective March 24, 2023), court decisions, or the specific facts of your case. Special rules may apply for claims against government entities, medical malpractice, cases involving minors, and other specific situations. Always consult with a qualified Florida attorney for advice on your particular situation. CourtDateCalculator.online is not a law firm and is not engaged in the practice of law.