Florida
Florida Statute of Limitations: Filing Deadlines by Case Type
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 8 primary sources cited on this page. How we verify our legal content
Florida sets civil filing deadlines under Fla. Stat. § 95.11, 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(3)(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.; separate 12-yr. repose from delivery | § 95.11(3)(d); repose at § 95.031(2)(b) |
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(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(3)(j), which covers a contract, obligation, or liability not founded on a written instrument. 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 (Fla. Stat. § 775.15(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, Florida law in most cases removes the deadline entirely rather than merely delaying its start. Fla. Stat. § 775.15(20) provides that if a victim is younger than 18 years of age at the time the offense was committed, a prosecution for a violation of s. 794.011 may be commenced at any time, and that subsection applies to offenses committed on or after July 1, 2020. Fla. Stat. § 775.15(13)(c) allows prosecution at any time where the victim was under 16 at the time of the offense, and § 775.15(13)(b) does the same for a first-degree felony violation where the victim was under 18. Only where none of those apply does the delayed-start rule in § 775.15(13)(a) govern, under which the applicable period of limitation, if any, does not begin to run until the victim reaches 18 or the violation is reported to a law enforcement or other governmental agency, whichever occurs earlier. A survivor abused as a child in Florida should not assume the window has closed.
Abuse or Neglect of Elderly/Disabled: Under Fla. Stat. § 775.15(10)(a), a prosecution for a felony violation of s. 817.5695, s. 825.102, or s. 825.103, which cover exploitation, abuse, and neglect of an aged or disabled adult, must be commenced within 5 years after it is committed. The provision is not limited by felony degree, so third-degree felony violations of those sections carry the same 5 years rather than the general 3-year period.
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
Florida does not pause the clock simply because the injured person is a child. Under Fla. Stat. § 95.051(1)(i), a minor's claim is tolled only during a period of time in which a parent, guardian, or guardian ad litem does not exist, has an interest adverse to the minor, or is adjudicated to be incapacitated to sue. If a parent or guardian is available to file on the child's behalf, the ordinary deadline runs as usual.
Even where tolling does apply, the statute caps it: the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action. Fla. Stat. § 95.051(2) reinforces the narrow reading, providing that a disability or other reason does not toll the running of any statute of limitations except those specified in that section, s. 95.091, the Florida Probate Code, or the Florida Guardianship Law.
Legal Incapacity
The same paragraph covers a person whose incapacity was adjudicated before the cause of action accrued, and it carries the same condition: the clock pauses only while no guardian or guardian ad litem exists to sue, or the one who exists has an adverse interest or is adjudicated incapacitated to sue. The same 7-year outside limit applies. 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. The deadline may be extended if the defendant left the state, or if you were a minor or previously adjudicated incapacitated during a period when no parent or guardian was available to sue on your behalf. Tolling is not automatic simply because the injured person was a child.
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:
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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(3)(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?
Sometimes, but the exceptions are narrower than people expect. Under Fla. Stat. § 95.051(1)(i), the clock for a minor or a previously adjudicated incapacitated person is tolled only during a period in which a parent, guardian, or guardian ad litem does not exist, has an interest adverse to that person, or is adjudicated incapacitated to sue, and in any event the action must be begun within 7 years of the event. A defendant's absence from Florida can also pause the clock, and the discovery rule may delay the start for claims like medical malpractice and fraud.
Updates
Corrected the oral-contract citation to Fla. Stat. § 95.11(3)(j), attributed the 12-year products-liability repose to § 95.031(2)(b), narrowed the minority-tolling explanation to what § 95.051(1)(i) actually requires, and added the provisions under § 775.15 that remove any deadline for prosecuting sexual battery against a victim under 18.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
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
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Florida Statutes
§ 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) · last checked 2026-09-08 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 698 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Merkle v. Robinson (1999) held that the significant relationship test governs conflict of law questions about section 95.11, so a claim time-barred in Florida may proceed under another state's period. Foley v. Morris (1976) applied a shortened 95.11 period to a pre-existing claim where the plaintiff still had the full new period.
Opinions citing this section in our collection:
- Merkle v. Robinson (Supreme Court of Florida 1999, 737 So. 2d 540)✓A West Virginia patient sued a doctor's estate in Florida, where he had retired; her claim was untimely under Florida law but not West Virginia's. The court held the significant relationship test governs conflicts involving section 95.11, so West Virginia's period applied.
- Foley v. Morris (District Court of Appeal of Florida 1976, 325 So. 2d 37)✓A surgeon left a rubber drain in a patient in 1971; suit came in 1974, after Florida replaced the four-year period with the two-year medical malpractice period in section 95.11(6). The court applied the new period from its effective date and affirmed dismissal.
- State ex rel. Gerstein v. Hialeah Race Course, Inc. (Supreme Court of Florida 1971, 245 So. 2d 53)✓A state attorney sued racetrack operators over political contributions. Holding the campaign statute's four-year period unconstitutional as applied, the court ruled the general one-year limit in section 95.11(7)(a) governed, so the late complaint was properly dismissed.
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, Florida Hit and Run Laws: Penalties and What to Do, Florida Car Accident Laws: No-Fault, PIP, and Your Claim
§ 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) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 47 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Brian Michael Robinson v. State of Florida (Supreme Court of Florida 2016, 41 Fla. L. Weekly Supp. 541)“…t in order to toll the statute of limitations set forth in section 775.15, Florida Statutes (2008). BACK…”
- Tucker v. State (District Court of Appeal of Florida 1982, 417 So. 2d 1006)“…such legislative policy can be gleaned from the language of Section 775.15, Florida Statutes (1974) ("[a] prosecution for ... must b…”
- Neal v. State (District Court of Appeal of Florida 1997, 697 So. 2d 903)“…n. The traverse asserted that "pursuant to section (6) of Fla. Stat. 775.15, the period of limitation should be tol…”
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) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 75 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Major League Baseball v. Morsani (Supreme Court of Florida 2001, 26 Fla. L. Weekly Supp. 465)“…the district court certified the following question: Does section 95.051, Florida Statutes (1993), prohibit the application of the…”
- Landers v. Milton (Supreme Court of Florida 1979, 370 So. 2d 368)“…of proving the inapplicability of the tolling provisions of section 95.051, Florida Statutes (1977). They argue that once it appears…”
- Totura & Co., Inc. v. Williams (Supreme Court of Florida 2000, 754 So. 2d 671)“…nter does not suggest that any of the tolling provisions in section 95.051, Florida Statutes (1991), pertain to this case and we fin…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 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) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 82 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Gurney v. Cain (District Court of Appeal of Florida 1991, 588 So. 2d 244)“…such other provision shall apply. The Cains contend that section 768.20, Florida Statutes, enacted in 1972 conflicts with 768.81…”
- Berges v. Infinity Ins. Co. (Supreme Court of Florida 2004, 29 Fla. L. Weekly Supp. 679)“…he petitioner argues that Taylor had such authority because section 768.20, Florida Statutes, allowed Taylor's capacity as personal…”
- Yordon v. Savage (Supreme Court of Florida 1973, 279 So. 2d 844)“…s the "representative" approach in Garner and now in Fla. Stat. § 768.20 for our own "legislation" in the prese…”
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
§ 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) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 179 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Rafael Alexander Gutierrez v. State of Florida (Supreme Court of Florida 2015, 40 Fla. L. Weekly Supp. 359)“…the victim need not be corroborated in a prosecution under section 794.011, Florida Statutes. Section 794.022, titled “Rules of evi…”
- State v. Alonso (District Court of Appeal of Florida 1977, 345 So. 2d 740)“…cted of the crime of involuntary sexual battery pursuant to Section 794.011, Florida Statutes (1975) it is necessary that a defendant…”
- Meshell v. State (District Court of Appeal of Florida 2008, 980 So. 2d 1169)“…eopardy claims relating to different sex acts proscribed in section 794.011, Florida Statutes, the sexual battery statute. *1172 Fi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 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) · last checked 2026-09-08 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 153 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):American Home Assur. v. NAT. RR CORP. (2005) held a vicariously liable party has the active tortfeasor's negligence apportioned to it under section 768.81, reducing its recovery. Wal-Mart Stores v. McDonald (1996) held the statute does not let a negligent defendant shift fault to the intentional actor it had a duty to guard against.
Opinions citing this section in our collection:
- D'ANGELO v. Fitzmaurice (Supreme Court of Florida 2003, 863 So. 2d 311)✓A pad was left in a patient during an appendectomy; the hospital settled and the surgeon kept it off the verdict form. The court held Section 768.81 applies even with one defendant listed, so he got an economic damages setoff but none for noneconomic damages.
- American Home Assur. v. NAT. RR CORP. (Supreme Court of Florida 2005, 908 So. 2d 459)✓An Amtrak train hit a rig hauling an 82 ton turbine at a crossing; answering a certified question, the court held Section 768.81 cuts a vicariously liable claimant's own recovery by the active tortfeasor's share, since chargeable fault is not limited to direct negligence.
- Wal-Mart Stores v. McDonald (District Court of Appeal of Florida 1996, 676 So. 2d 12)✓McDonald was shot by an unknown assailant in a shopping center parking lot and sued the store and landlord for negligent security; the court held Section 768.81 does not reach intentional criminal conduct, so the assailant was properly kept off the verdict form.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Medical Malpractice Laws in Florida (2026): Deadlines & Caps, Motorcycle Accident Laws in Florida (2026): Deadlines & Helmets, Florida Slip and Fall Laws: Proving Premises Liability in the Sunshine State
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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
- Fla. Stat. § 95.031 - Computation of Time; products liability 12-year repose at (2)(b) (2025 Florida Statutes)(leg.state.fl.us)