Florida Statutes of Limitations: Deadlines by Case Type

Florida law imposes strict filing deadlines — called statutes of limitations — that determine how long a party has to initiate a civil or criminal action in state court. These deadlines vary significantly by case type, ranging from 1 year for certain defamation claims to no time limit at all for capital felonies. Missing an applicable deadline generally bars the claim permanently, regardless of its underlying merit.

Definition and Scope

A statute of limitations is a legislatively enacted time boundary that begins running when a cause of action accrues — typically the date of injury, discovery, or the wrongful act itself. In Florida, these deadlines are codified primarily in Chapter 95 of the Florida Statutes, which governs civil limitations periods. Criminal statutes of limitations are addressed separately under Chapter 775.

Florida's system distinguishes between:

This page covers claims filed in Florida state courts under Florida statutory and common law. Federal court claims arising under federal statutes — including civil rights claims under 42 U.S.C. § 1983 or federal employment discrimination claims under Title VII — operate under separate federal limitations rules not addressed here. Claims involving Florida agencies may also trigger administrative exhaustion deadlines governed by Chapter 120 of the Florida Statutes. For broader jurisdictional context, see the regulatory context for Florida's legal system.

How It Works

The limitations period begins to run on the date a cause of action accrues. Florida courts apply two primary accrual standards:

  1. Act-based accrual — the clock starts when the wrongful act or omission occurs (common in contract and property disputes)
  2. Discovery rule accrual — the clock starts when the injured party knew or reasonably should have known of the injury and its cause (applied in fraud, latent defect, and certain medical malpractice cases)

Once a claim is time-barred under Florida Statutes § 95.11, the defendant may raise the expired limitations period as an affirmative defense, and courts are obligated to dismiss the action. The Florida Rules of Civil Procedure, specifically Rule 1.110, require defendants to plead this defense or risk waiving it.

Tolling — the legal suspension of the limitations clock — is available under specific circumstances defined in § 95.051, including:

  1. Absence of the defendant from the state
  2. Use of a false name to conceal identity
  3. Mental or legal incapacity of the plaintiff
  4. Pending arbitration or bankruptcy proceedings
  5. Statutory pre-suit investigation periods (notably in medical malpractice)

Importantly, Florida law does not recognize equitable tolling as broadly as federal courts do. The Florida Supreme Court has held that tolling grounds must be specifically enumerated in the statute.

Common Scenarios

The following breakdown reflects the limitations periods established in Florida Statutes § 95.11:

5-Year Limitations Period
- Written contracts (§ 95.11(2)(b))
- Actions on a judgment
- Foreclosure on a mortgage or lien

4-Year Limitations Period
- Negligence claims, including general personal injury (§ 95.11(3)(a))
- Products liability
- Fraud (from discovery)
- Claims under the Florida Consumer Protection laws (Chapter 501, Part II)
- Statutory violations not otherwise specified

2-Year Limitations Period
- Wrongful death claims (§ 95.11(4)(d)) — reduced from 4 years by HB 837 (2023)
- Medical malpractice (§ 95.11(4)(b)) — with an absolute 4-year cap (statute of repose) extending to 7 years only when fraud is involved
- Workers' compensation petitions under Chapter 440

1-Year Limitations Period
- Libel and slander (defamation) claims (§ 95.11(5)(h))
- Claims against local governments under Florida Statutes § 768.28 require a pre-suit notice within 3 years, but the actual suit must follow specific procedural windows

Criminal Limitations Periods (Florida Statutes Chapter 775)
- Capital felonies, life felonies, and first-degree felonies resulting in death: No limitation
- First-degree felonies (non-capital): 4 years
- Second- and third-degree felonies: 3 years
- First-degree misdemeanors: 2 years
- Second-degree misdemeanors: 1 year

Decision Boundaries

Several distinctions govern which period applies and when it begins:

Written vs. oral contracts: Florida draws a clear line — written contracts receive a 5-year period under § 95.11(2)(b), while oral contracts receive only 4 years under § 95.11(3)(k). A contract partly in writing and partly oral may trigger litigation over which period controls.

Statute of limitations vs. statute of repose: A statute of repose — such as the 10-year construction defect repose period under Florida Statutes § 95.11(3)(c) — is an absolute bar that cannot be tolled, even by fraud or concealment. This contrasts with standard limitations periods, which are subject to tolling under § 95.051.

Minor plaintiffs: Under § 95.051, the limitations period for a claim belonging to a minor is tolled until the minor reaches age 18, after which the standard period runs. This rule does not apply to medical malpractice, where separate provisions in § 95.11(4)(b) limit the tolling benefit.

Government defendants: Claims against Florida state agencies or local governments under the sovereign immunity waiver in § 768.28 require written notice to the agency within 3 years of the incident. This notice requirement functions as a condition precedent to suit, not a limitations period per se, but failure to comply is fatal to the claim.

For an overview of how these procedural requirements integrate into Florida's broader civil practice framework, see Florida Civil Procedure Overview and the Florida Statutes of Limitations reference page. The overall structure of Florida's legal system, including the role of the Florida Legislature in enacting these statutes, is documented at the Florida Legal Authority index.

References

📜 5 regulatory citations referenced  ·  🔍 Monitored by ANA Regulatory Watch  ·  View update log

Read Next

Regulatory Context for Florida U.S. Legal System Legal System Florida's legal system operates within a layered regulatory framework that distributes authority across federal... Florida Civil Procedure: Rules, Timelines, and Filing Requirements The framework draws primarily from the Florida Rules of Civil Procedure, adopted and amended by the Florida Supreme Court... Florida Statutes of Limitations: Deadlines by Case Type These deadlines vary significantly by case type, ranging from 1 year for certain defamation claims to no time limit at all for...