Florida Statute of Limitations: Filing Deadlines by Case Type

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

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

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. If the fraud was a scam that cost you money, our guide to Florida scam and fraud laws explains how that discovery-based fraud deadline is counted and which agencies to report to before deciding whether to sue.

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:

• 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

• Florida Car Accident Laws
• Florida Dog Bite Laws
• Florida Expungement Laws
• Florida Slip and Fall Laws
• Florida Workers Compensation 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(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.