Florida Criminal Statute of Limitations Laws
By Melissa McCall, J.D. | Legally reviewed by FindLaw Staff | Last reviewed June 03, 2025
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Criminal statutes of limitations give prosecutors deadlines or a limitations period for filing criminal charges. These time limits often vary by the severity of the crime, with no limitations period for certain violent crimes like capital murder. If the prosecutor or state attorney fails to bring charges before the applicable statute of limitations expires, the court will likely dismiss the charges.
A statute of limitations is an affirmative defense to an untimely criminal prosecution. Every state or territory, including Florida, establishes its own criminal statute limitations.
This FindLaw article explores criminal statutes of limitations in Florida.
Criminal Statute of Limitations Basics
Criminal statutes help ensure evidence, both physical and testimonial, does not degrade before trial. Evidence sufficient to prove guilt is the cornerstone of any criminal prosecution. Prosecutors rely on testimonials and physical evidence when trying criminal cases. Examples of testimonial evidence include, but are not limited to, the following:
- Eyewitness testimony
- Law enforcement reports
- Character statements
Examples of physical evidence include, but are not limited to, the following:
- DNA evidence
- Fingerprints
- Surveillance footage
Consider a DUI case that resulted in vehicular manslaughter. The prosecution may rely on eyewitness testimony, police reports, and breathalyzer results to make their case. If the prosecution waits a decade to file a charging document, much of that evidence could be unusable. The eyewitness may be in cognitive decline, or the police officer may no longer be part of the force.
Waiting a decade to file charges is also unfair to the defendant and is incongruent with the swift administration of justice. The alleged perpetrator may escape accountability for causing a death. Evidence can degrade or disappear over time, so bringing criminal charges within the allowable time period is essential.
Tolling
Tolling is an essential concept in analyzing a criminal statute of limitations. Think of tolling as a pausing of the relevant statute of limitations. For the criminal offense of first-degree misdemeanor theft, the statute of limitations under Florida law is two years. This means the prosecution has two years to file criminal charges against the alleged perpetrator.
If the person left Florida or is otherwise unavailable, the statute of limitations would pause during their absence. It restarts when the person returns to Florida.
Florida Criminal Statute of Limitations at a Glance
What Is a Criminal Statute of Limitations in Florida? |
A statute of limitations tells you the time frame when the prosecution must bring a charge for a crime. |
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Florida Criminal Statute of Limitations Code Section |
Florida Statutes section 775.15 |
Florida Criminal Statutes of Limitations for Felonies |
There is no time limit for filing charges for the following crimes:
The following felonies carry a four-year statute of limitations:
The following felonies carry a three-year statute of limitations:
Statutes of limitations for other felonies:
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Florida Criminal Statutes of Limitations for Misdemeanors |
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Crimes in Which a Child Is a Victim |
There is no time limit for sexual battery cases when the victim is a minor, and the offense occurred on or after July 1, 2020 |
Acts During Which Statute Does Not Run |
The statute of limitations does not run when you are continually absent from the state or have no identifiable place of work or home in the state. This exception cannot extend the time limit for more than three years. |
Other Florida Criminal Statutes of Limitations |
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Note: State laws are constantly changing. You should conduct your own legal research to verify the state law(s) you are researching.
Issues With Florida Criminal Statutes of Limitations? Speak to an Attorney
Consider speaking with a Florida criminal defense attorney if you're facing criminal charges. An expert in criminal law can help you accurately compute the statute of limitations period. Having a skilled Florida criminal defense attorney in your corner can make a huge difference.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Florida attorneys offer free consultations.
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