Florida Statute of Limitations: Filing Deadlines by Case Type

Florida law sets strict deadlines for filing both civil lawsuits and criminal charges. These deadlines are called statutes of limitations, and they vary depending on the type of case. Missing a filing deadline can permanently bar you from pursuing a claim or prevent prosecutors from bringing charges.

Florida's civil statutes of limitations are found primarily in Fla. Stat. § 95.11, while criminal time limits appear in Fla. Stat. § 775.15. This guide covers current filing deadlines for all major civil and criminal case types in Florida.

Florida Civil Statute of Limitations

Florida's civil statute of limitations sets deadlines for filing lawsuits and other civil actions. These limits range from two to five years depending on the type of case. The clock typically starts running on the date of the incident or the date the injury is discovered.

If you fail to file your civil claim before the deadline, the opposing party can file a motion to dismiss based on the expired statute of limitations. Once a court grants that motion, the legal claim is lost permanently.

2023 Tort Reform (HB 837): Major Changes

On March 24, 2023, Governor Ron DeSantis signed HB 837 into law, making sweeping changes to Florida's civil litigation rules. The most significant change for statute of limitations purposes was the reduction of the general negligence filing deadline from four years to two years.

HB 837 applies only to causes of action that accrued (meaning the injury occurred) on or after March 24, 2023. Claims arising before that date still follow the previous four-year deadline.

HB 837 also changed Florida's comparative negligence system. Florida previously followed a pure comparative negligence rule, allowing injured parties to recover damages even if they were 99% at fault (with recovery reduced by their percentage of fault). Under the new modified comparative negligence rule found in Fla. Stat. § 768.81(6), any party found to be more than 50% at fault for their own harm cannot recover any damages. Medical negligence cases are exempt from this change and still follow pure comparative negligence.

Civil Filing Deadlines by Case Type

Case Type	Time Limit	Statute
Personal Injury (Negligence)	2 yrs. (for claims after 3/24/2023)	§ 95.11(3)(a)
Wrongful Death	2 yrs. from date of death	§ 95.11(4)(d)
Medical Malpractice	2 yrs. (max 4 yrs. from incident)	§ 95.11(4)(b)
Libel/Slander/Defamation	2 yrs.	§ 95.11(4)(g)
Fraud	4 yrs.	§ 95.11(3)(j)
Injury to Personal Property	4 yrs.	§ 95.11(3)(h)
Trespass	4 yrs.	§ 95.11(3)(g)
Professional Malpractice (Non-Medical)	2 yrs.	§ 95.11(4)(a)
Written Contracts	5 yrs.	§ 95.11(2)(b)
Oral Contracts	4 yrs.	§ 95.11(3)(k)
Specific Performance	1 yr.	§ 95.11(5)(a)
Domestic Judgments	20 yrs.	§ 95.11(1)
Foreign Judgments	5 yrs.	§ 95.11(2)(a)
Property Insurance Claims	5 yrs. from date of loss	§ 95.11(2)(b)
Products Liability	4 yrs. (12-yr. repose from delivery)	§ 95.11(3)(e)

Personal Injury Claims After HB 837

Before 2023, Florida allowed four years to file a personal injury lawsuit based on negligence. HB 837 cut that period in half. Any negligence-based personal injury claim arising on or after March 24, 2023, now carries a two-year statute of limitations under Fla. Stat. § 95.11(3)(a).

This shorter deadline applies to car accidents, slip and fall injuries, premises liability claims, and most other negligence-based personal injury actions. The clock starts on the date the injury occurs.

Wrongful Death Claims

Florida law requires wrongful death lawsuits to be filed within two years of the decedent's death under Fla. Stat. § 95.11(4)(d). The clock starts on the date of death, not the date of the incident that caused the death. Only the personal representative of the decedent's estate may file the lawsuit, as required by Fla. Stat. § 768.20.

One important exception: if the death resulted from murder or manslaughter, Fla. Stat. § 95.11(11) removes the filing deadline entirely, allowing a wrongful death suit at any time.

Medical Malpractice

Medical malpractice claims in Florida must be filed within two years from the time the incident occurred or within two years from the time the incident is discovered (or should have been discovered with reasonable diligence). However, Fla. Stat. § 95.11(4)(b) imposes an absolute four-year deadline from the date of the incident, regardless of when discovery occurs.

For minors, the statute of repose extends to the child's eighth birthday, giving additional time for claims involving injuries during birth or early childhood.

Contract Claims

Florida provides five years for lawsuits based on written contracts under Fla. Stat. § 95.11(2)(b). Oral contract disputes carry a four-year deadline under Fla. Stat. § 95.11(3)(k). Actions for specific performance of a contract must be filed within one year under Fla. Stat. § 95.11(5)(a).

Property insurance claims, which are governed by written contracts, fall under the five-year filing window. The statute of limitations for these claims runs from the date of loss.

Florida Criminal Statute of Limitations

Florida's criminal statute of limitations sets time limits for prosecutors to file criminal charges. As in most states, Florida does not impose any deadline for the most serious offenses. For less severe crimes, the filing window ranges from one to five years depending on the severity of the offense.

These time limits are found in Fla. Stat. § 775.15.

Crimes With No Statute of Limitations

Florida law allows prosecution at any time for the following offenses:

• Murder
• Capital felonies (felonies punishable by death)
• Life felonies
• Any felony that resulted in a death
• Perjury committed during an official proceeding related to the prosecution of a capital felony

Prosecutors can bring charges for these crimes regardless of how much time has passed since the offense occurred.

Criminal Filing Deadlines by Offense Type

Offense Type	Time Limit	Statute
Capital Felonies / Life Felonies	No limit	§ 775.15(1)
Felonies Resulting in Death	No limit	§ 775.15(1)
First-Degree Felony	4 yrs.	§ 775.15(2)(a)
Second/Third-Degree Felony	3 yrs.	§ 775.15(2)(b)
First-Degree Misdemeanor	2 yrs.	§ 775.15(2)(c)
Second-Degree Misdemeanor	1 yr.	§ 775.15(2)(d)
Noncriminal Violation	1 yr.	§ 775.15(2)(d)

Special Criminal Exceptions

Florida law extends the statute of limitations for several categories of crimes beyond the standard deadlines:

Sexual Battery (Fla. Stat. § 775.15(7)): A prosecution for a first or second-degree felony violation of Fla. Stat. § 794.011 (sexual battery) against a victim age 16 or older must be commenced within 8 years. For victims under 18, the statute does not begin running until the victim turns 16 or the violation is reported, whichever comes first.

Abuse or Neglect of Elderly/Disabled: First and second-degree felonies involving abuse or neglect of an aged or disabled adult carry a 5-year statute of limitations.

Securities Violations: Violations of securities transaction laws carry a 5-year deadline.

Environmental Violations: Violations of environmental control laws carry a 5-year deadline from the date of discovery.

Fraud and Fiduciary Breach: Any offense involving fraud or breach of fiduciary obligation as a material element may be prosecuted within 1 year after discovery, with a maximum extension of 3 years beyond the standard period.

Misconduct in Public Office: Charges must be filed within two years of leaving office or within the applicable standard deadline, whichever is greater.

Tolling of the Criminal Statute

If an alleged offender is continuously absent from the state or has no reasonably ascertainable place of abode within the state, the statute of limitations may be extended by up to 3 additional years under Fla. Stat. § 775.15(5).

Tolling Exceptions: When the Clock Pauses

Florida recognizes several situations where the statute of limitations clock may be paused (tolled), giving the claimant additional time to file.

Minors

When a minor suffers an injury, the statute of limitations may be tolled for up to seven years under Fla. Stat. § 95.051. This tolling period allows the minor additional time to file a claim after reaching adulthood. However, the seven-year cap applies regardless of the child's age at the time of injury, so the deadline does not automatically extend to age 18 for all claims.

Legal Incapacity

The seven-year tolling period also applies to individuals who were legally incapacitated at the time the cause of action accrued. The person must have been adjudicated as incapacitated before the claim arose. Courts interpret this provision strictly.

Discovery Rule

For certain claims, the statute of limitations does not begin running until the injured party discovers (or reasonably should have discovered) the injury and its connection to the defendant's conduct. This rule is most commonly applied in medical malpractice, fraud, and latent defect cases.

Defendant Absent From State

In civil cases, if the defendant is absent from Florida, the time of absence may not be counted as part of the limitations period under Fla. Stat. § 95.051(1)(a).

Practical Tips for Filing in Florida

Understanding the statute of limitations is only one part of filing a successful civil or criminal case in Florida. Here are several practical considerations:

Identify the correct start date. The statute of limitations typically begins on the date of the incident, but some claims (like medical malpractice and fraud) use a discovery rule, starting the clock when you knew or should have known about the harm.

Determine which deadline applies. After HB 837, the deadline for your claim depends on when the cause of action accrued. Claims arising before March 24, 2023, follow the old four-year rule for negligence. Claims arising on or after that date follow the new two-year rule.

Consider tolling. If you were a minor at the time of injury, legally incapacitated, or if the defendant left the state, the deadline may be extended.

File early. Even if you believe you have time remaining, filing early protects your claim against unexpected procedural delays.

Consult a Florida attorney. Statutes of limitations involve complex rules about accrual dates, tolling, and exceptions. A Florida attorney can evaluate the specific facts of your situation.

Additional Reading: [How long is a life sentence in Florida?](/how-long-is-a-life-sentence/#florida)

State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting a Florida attorney or doing legal research of your own to verify the state law(s) you are researching.

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