Florida
Florida Statute of Limitations: Filing Deadlines by Case Type
Florida sets civil filing deadlines under , including two years for personal injury claims arising after March 24, 2023, five years for written contracts, and four years for fraud and oral contracts. Missing a deadline permanently bars the claim.
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.
Hurt in Florida? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free Florida personal injury settlement calculator. It gives an instant range based on your medical costs and Florida's fault rule (general information, not legal advice).
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(5)(a) |
| Wrongful Death | 2 yrs. from date of death | § 95.11(5)(e) |
| Medical Malpractice | 2 yrs. (max 4 yrs. from incident) | § 95.11(5)(c) |
| Libel/Slander/Defamation | 2 yrs. | § 95.11(5)(h) |
| Fraud | 4 yrs. | § 95.11(3)(i) |
| Injury to Personal Property | 4 yrs. | § 95.11(3)(g) |
| Trespass | 4 yrs. | § 95.11(3)(f) |
| Professional Malpractice (Non-Medical) | 2 yrs. | § 95.11(5)(b) |
| Written Contracts | 5 yrs. | § 95.11(2)(b) |
| Oral Contracts | 4 yrs. | § 95.11(4)(j) |
| Specific Performance | 1 yr. | § 95.11(6)(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)(e) |
| Products Liability | 4 yrs. (12-yr. repose from delivery) | § 95.11(3)(d) |
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 (5)(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(5)(e). 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(5)(c) 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(4)(j). Actions for specific performance of a contract must be filed within one year under Fla. Stat. § 95.11(6)(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 ((14)(b)): 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 18 or the violation is reported to a law enforcement agency, whichever occurs earlier, under (13)(a).
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 (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?
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.
Other Florida Laws:
- Florida Car Seat Laws
- Florida Child Support Laws
- Florida Dog Bite Laws: Complete Guide for 2026
- Florida Hit and Run Laws (2026 Guide)
- Florida Lemon Law: Complete Guide for 2026
- Florida Recording Laws (2026 Guide)
- Florida Sexting Laws (2026 Guide)
- Florida Statute of Limitations
- Florida Whistleblower Laws
- Murder Sentencing Guidelines - Minimum to Maximum for Every State (2026)
More Florida Laws
Frequently Asked Questions
What is the statute of limitations for personal injury in Florida?
Florida allows two years to file a personal injury lawsuit based on negligence for claims arising on or after March 24, 2023. Claims that arose before that date follow the previous four-year deadline. This change was enacted through HB 837, Florida's 2023 tort reform law.
Is there a statute of limitations on murder in Florida?
No. Florida law allows prosecution for murder, capital felonies, life felonies, and any felony resulting in death at any time. There is no filing deadline for these offenses under Fla. Stat. § 775.15(1).
How long do I have to file a breach of contract lawsuit in Florida?
For written contracts, Florida provides a five-year statute of limitations under Fla. Stat. § 95.11(2)(b). Oral contract disputes must be filed within four years under Fla. Stat. § 95.11(4)(j).
What happens if I miss the statute of limitations deadline in Florida?
If you file after the deadline, the opposing party can file a motion to dismiss your case. Once the court grants that motion, your claim is permanently barred. You lose the right to pursue that legal action.
Can the statute of limitations be extended or paused in Florida?
Yes. Florida recognizes tolling exceptions for minors (up to 7 years), legally incapacitated individuals, and situations where the defendant leaves the state. The discovery rule may also delay the start of the clock for claims like medical malpractice and fraud, where the injury is not immediately apparent.
Updates
Fixed an outdated statute citation for the oral-contract deadline (now Fla. Stat. 95.11(4)(j), not (3)(j)).
Corrected the pinpoint subsection cites throughout the Fla. Stat. § 95.11 civil deadlines table and prose (personal injury, wrongful death, medical malpractice, libel/slander, fraud, trespass, injury to personal property, professional malpractice, oral contracts, specific performance, property insurance, products liability -- all were off by one subsection or letter), corrected the sexual-battery 8-year deadline's citation from § 775.15(7) to § 775.15(14)(b), and fixed the under-18 tolling rule: the clock is paused until the victim turns 18 (§ 775.15(13)(a)), not 16.
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on 6 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Florida Statutes
§ 768.20Parties.In forcecited in 2 of our articles
The action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death. When a personal injury to the decedent results in death, no action for the personal injury shall survive, and any such action pending at the time of death shall abate. The wrongdoer’s personal representative shall be the defendant if the wrongdoer dies before or pending the action. A defense that would bar or reduce a survivor’s recovery if she or he were the plaintiff may be asserted against the survivor, but shall not affect the recovery of any other survivor.
Official text (excerpt) · as of 2026-07-28 · Read the full section at leg.state.fl.us
Cited in 82 court opinionsMost recently applied by a court: 2024
Leading cases: Gurney v. Cain (District Court of Appeal of Florida 1991, 588 So. 2d 244) · Berges v. Infinity Ins. Co. (Supreme Court of Florida 2004, 29 Fla. L. Weekly Supp. 679) · Yordon v. Savage (Supreme Court of Florida 1973, 279 So. 2d 844)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Wrongful Death Laws (2026): Deadlines & Who Can Sue
§ 768.81Comparative fault.In forcecited in 7 of our articles
(1) DEFINITIONS.—As used in this section, the term:(a) “Accident” means the events and actions that relate to the incident as well as those events and actions that relate to the alleged defect or injuries, including enhanced injuries. (b) “Economic damages” means past lost income and future lost income reduced to present value; medical and funeral expenses; lost support and services; replacement value of lost personal property; loss of appraised fair market value of real property; costs of construction repairs, including labor, overhead, and profit; and any other economic loss that would not have occurred but for the injury giving rise to the cause of action. (c) “Negligence action” means, without limitation, a civil action for damages based upon a theory of negligence, strict liability, products liability, professional malpractice whether couched in terms of contract or tort, or breach of warranty and like theories. The substance of an action, not conclusory terms used by a party, determines whether an action is a negligence action.
Official text (excerpt) · as of 2026-07-28 · Read the full section at leg.state.fl.us
Cited in 153 court opinionsMost recently applied by a court: 2025
Leading cases: D'ANGELO v. Fitzmaurice (Supreme Court of Florida 2003, 863 So. 2d 311) · American Home Assur. v. NAT. RR CORP. (Supreme Court of Florida 2005, 908 So. 2d 459) · Wal-Mart Stores v. McDonald (District Court of Appeal of Florida 1996, 676 So. 2d 12)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Car Accident Laws: No-Fault, PIP, and Your Claim, Medical Malpractice Laws in Florida (2026): Deadlines & Caps, Motorcycle Accident Laws in Florida (2026): Deadlines & Helmets
§ 775.15Time limitations; general time limitations; exceptions.In force
(1) A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. If the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all crimes designated as capital felonies shall be considered life felonies for the purposes of this section, and prosecution for such crimes may be commenced at any time. (2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed. (b) A prosecution for any other felony must be commenced within 3 years after it is committed. (c) A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed. (d) A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed.
Official text (excerpt) · as of 2026-07-28 · Read the full section at leg.state.fl.us
Cited in 47 court opinionsMost recently applied by a court: 2023
Leading cases: Brian Michael Robinson v. State of Florida (Supreme Court of Florida 2016, 41 Fla. L. Weekly Supp. 541) · Tucker v. State (District Court of Appeal of Florida 1982, 417 So. 2d 1006) · Neal v. State (District Court of Appeal of Florida 1997, 697 So. 2d 903)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 794.011Sexual battery.In force
(1) As used in this chapter:(a) “Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. (b) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina. (c) “Mentally defective” means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct. (d) “Mentally incapacitated” means temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent. (e) “Offender” means a person accused of a sexual offense in violation of a provision of this chapter. (f) “Physically helpless” means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act. (g) “Physically incapacitated” means bodily impaired or handicapped and substantially limited in ability to resist or flee.
Official text (excerpt) · as of 2026-07-28 · Read the full section at leg.state.fl.us
Cited in 179 court opinionsMost recently applied by a court: 2026
Leading cases: Rafael Alexander Gutierrez v. State of Florida (Supreme Court of Florida 2015, 40 Fla. L. Weekly Supp. 359) · State v. Alonso (District Court of Appeal of Florida 1977, 345 So. 2d 740) · Meshell v. State (District Court of Appeal of Florida 2008, 980 So. 2d 1169)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 95.051When limitations tolled.In forcecited in 2 of our articles
(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:(a) Absence from the state of the person to be sued. (b) Use by the person to be sued of a false name that is unknown to the person entitled to sue so that process cannot be served on the person to be sued. (c) Concealment in the state of the person to be sued so that process cannot be served on him or her. (d) The adjudicated incapacity, before the cause of action accrued, of the person entitled to sue. In any event, the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action. (e) Voluntary payments by the alleged father of the child in paternity actions during the time of the payments. (f) The payment of any part of the principal or interest of any obligation or liability founded on a written instrument. (g) The pendency of any arbitral proceeding pertaining to a dispute that is the subject of the action. (h) The period of an intervening bankruptcy tolls the expiration period of a tax certificate under s. 197.482 and any proceeding or process under chapter 197.
Official text (excerpt) · as of 2026-07-28 · Read the full section at leg.state.fl.us
Cited in 75 court opinionsMost recently applied by a court: 2026
Leading cases: Major League Baseball v. Morsani (Supreme Court of Florida 2001, 26 Fla. L. Weekly Supp. 465) · Landers v. Milton (Supreme Court of Florida 1979, 370 So. 2d 368) · Totura & Co., Inc. v. Williams (Supreme Court of Florida 2000, 754 So. 2d 671)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Dog Bite Laws: Liability and Victim Rights
§ 95.11Limitations other than for the recovery of real property.In forcecited in 12 of our articles
Actions other than for recovery of real property shall be commenced as follows:(1) WITHIN TWENTY YEARS.—An action on a judgment or decree of a court of record in this state. (2) WITHIN FIVE YEARS.—(a) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country. (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of paragraph (6)(e), s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an action for a deficiency judgment governed by paragraph (6)(g). (c) An action to foreclose a mortgage. (d) An action alleging a willful violation of s. 448.110. (e) Notwithstanding paragraph (b), an action for breach of a property insurance contract, with the period running from the date of loss. (3) WITHIN FOUR YEARS.—(a) An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority.
Official text (excerpt) · as of 2026-07-28 · Read the full section at leg.state.fl.us
Cited in 698 court opinionsMost recently applied by a court: 2026
Leading cases: Merkle v. Robinson (Supreme Court of Florida 1999, 737 So. 2d 540) · Foley v. Morris (District Court of Appeal of Florida 1976, 325 So. 2d 37) · State ex rel. Gerstein v. Hialeah Race Course, Inc. (Supreme Court of Florida 1971, 245 So. 2d 53)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Hit and Run Laws: Penalties and What to Do, Florida Defamation Laws: Libel, Slander & Suing (2026), Florida Medical Records Retention Laws (2026 Guide)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Fla. Stat. § 95.11 - Limitations Other Than for the Recovery of Real Property (2025 Florida Statutes)(leg.state.fl.us).gov
- Fla. Stat. § 775.15 - Time Limitations; General Time Limitations; Exceptions (2025 Florida Statutes)(leg.state.fl.us).gov
- Fla. Stat. § 95.11 - 2025 Florida Statutes (Florida Senate)(flsenate.gov).gov
- Fla. Stat. § 775.15 - 2025 Florida Statutes (Florida Senate)(m.flsenate.gov).gov
- CS/CS/HB 837 Civil Remedies - Bill Analysis (Florida Senate)(flsenate.gov).gov
- Fla. Stat. § 768.81 - Comparative Fault (2025 Florida Statutes)(leg.state.fl.us).gov
- Fla. Stat. § 95.051 - When Limitations Tolled (2025 Florida Statutes)(flsenate.gov).gov
- Fla. Stat. § 794.011 - Sexual Battery (2025 Florida Statutes)(leg.state.fl.us).gov