Florida Statutes of Limitations

Welcome to FindLaw's section on the State of Florida’s statutes of limitations (SOL), covering the time limits imposed on criminal and civil actions in Florida’s courts. Statutes of limitations laws ensure the timely prosecution of criminal and civil cases.

This FindLaw article explores Florida Statutes of Limitations.

Statutes of Limitations Basics

Statutes of limitations are laws that sets forth deadlines to filing criminal charges or civil actions. Civil actions involve private lawsuits between persons or organizations over noncriminal causes of action, like an intentional tort. Prosecutors file criminal charges after a person has committed a crime. In both scenarios, statutes of limitations identify a time period within which to file a legal action or criminal charges.

Failure to adhere to the statute of limitations risks having the underlying action dismissed. A defendant can raise the statute of limitations as a defense. Consider personal injury disputes, which have a four-year statute of limitations in Florida. Statutes of limitations often accrue from the date of injury. If a person files a lawsuit to recover damages from a car accident after the applicable statute of limitations expired, the defendant can ask the court to dismiss the lawsuit.

Statute of Limitations Purpose

Statutes of Limitations have several aims. The first is the swift administration of justice. Without statutory time limits, we could file cases whenever we wanted to, putting a strain on our justice system. Evidence, whether testimonial or physical, can degrade over time. This complicates efforts to hold an alleged perpetrator accountable.

Consider a person accused of sexual battery. If the prosecutors fail to bring charges in a timely manner, they risk allowing a criminal to go free. Evidence like eyewitness testimony, law enforcement statements, and DNA evidence degrades over time. Such degradation is less likely if the prosecution or plaintiffs bring their case within the applicable statutes of limitation period.

Florida Civil Statutes of Limitations

Florida’s Civil Statutes of Limitation address civil causes of action like medical malpractice. The period of limitation for medical malpractice is two years. Therefore, Floridians have two years from the date they discovered (or should have discovered with the exercise of due diligence) the malpractice to bring a suit. Florida’s civil statutes of limitations apply to the following causes of action:

• Property damage
• Professional malpractice
• Product liability
• Wrongful death
• Libel or slander
• Actions to recover public monies or real property held by a person in public office

Many civil actions come in the form of personal injury lawsuits. For example, in Florida, you have four years to bring an action based on negligence. Negligence occurs when a person acts without exercising reasonable care. Someone driving recklessly who causes a car accident could face a personal injury lawsuit based on the plaintiff’s injury claims.

Florida Criminal Statutes of Limitation

Florida law also addresses statutes of limitation for criminal cases. These statutes give prosecutors a period of time to file criminal charges against an alleged perpetrator. Prosecutors must adhere to these deadlines or risk dismissal of their case.

In Florida, as in many other states, some crimes have no statute of limitations. This is due to the severe nature of these crimes, such as capital murder. Such crimes include, but are not limited to, the following:

• Capital felony
• Perjury during a capital felony case
• Life felony
• Felony that results in death

Other crimes have specific time limits for filing charges:

• First-degree felonies (four years)
• Most second-degree felonies (three years)
• First-degree misdemeanors (two years)
• Second-degree misdemeanors (one year)

Tolling

There are often barriers to swiftly prosecuting a legal action. An alleged criminal may have left the jurisdiction. A civil claimant may not discover an injury within the applicable statute of limitations. Tolling offers a solution to instances like these. Some statutes of limitations “toll” or pause during certain events. For example, in instances involving a minor child, some statutes of limitations pause until the child turns 18.

Learn More About Florida Statutes of Limitations

Florida Statute of Limitations Law

• Statutes of limitations (time limits for filing your complaint) for civil lawsuits in Florida, including personal injury, false imprisonment, defamation, fraud, damage to personal property, professional malpractice, and trespassing

Florida Criminal Statute of Limitations Law

• Statutes of limitations (or time limits established by law) for prosecutors to bring criminal charges in Florida, whether they are felonies or misdemeanors, and related information

Questions About Florida Statutes of Limitations? Get Legal Help

Statutes of limitations are critical to the administration of justice in America. If either you or a prosecutor miss the deadline to file a case, the court may dismiss that case. A Florida attorney can help you accurately compute statutes of limitations so you don’t miss any deadlines. For specific situations, personal injury lawyers and criminal defense attorneys are litigation experts who understand statutes of limitation and can offer sound legal advice.