Overview of Florida Statute of Limitations

What Is the Statute of Limitations?

A statute of limitations is a law that sets the time limit for bringing legal action against someone. It applies to a wide range of claims, such as criminal cases, debt collection, fraud, negligence, and the enforcement of judgments. Once the specified time period has passed, a lawsuit cannot be filed, protecting individuals from old or stale claims.

IThe statute of limitations varies depending on the type of claim. For example, the time limit for recovering judgments and unpaid property taxes is 20 years, while most other claims must be filed within five years or less.

Criminal offenses have different limits depending on the crime, with no statute of limitations for serious felonies like murder.

The purpose of the statute of limitations is to promote fairness by encouraging timely legal action.

To raise the defense of the statute of limitations for civil cases, you must (1) file an answer or motion to dismiss the lawsuit, (2) reference the applicable statute of limitations period, and (3) demonstrate that the claim was filed after the allowed time period expired.

Lawsuits with a 5-Year Statute of Limitations

Written Contracts

The 5-year statute of limitations covers breaches of written contracts. This includes formal agreements such as real estate contracts, business agreements, or other legally enforceable written obligations. The clock generally starts ticking from the date of the breach, not necessarily the date the contract was signed.

Mortgage Foreclosure

Actions to foreclose on a mortgage in Florida must be initiated within 5 years. This timeframe begins from the date of default, which is typically when the borrower fails to make required payments.

Certain Debt Collection

Creditors seeking to collect on a judgment or other forms of debt arising from written agreements must do so within 5 years. This can include obligations like promissory notes or installment loan agreements.

Specific Real Property Actions

Lawsuits related to the enforcement of a lien on real property may also be subject to the 5-year statute of limitations. This includes claims like enforcing covenants or restrictions related to land use, provided they are based on a written instrument.

Car Repossession

The statute of limitations on car repossession in Florida is five years. Once five years has elapsed from your last payment, the car lender cannot obtain a money judgment against you for the amount still owed on the vehicle. However, the lender can still repossess the car without filing a lawsuit.

Lawsuits with a 4-Year Statute of Limitations

Negligence Claims

The 4-year statute of limitations applies to most negligence-based lawsuits. This includes personal injury claims arising from car accidents, slip and fall incidents, or other accidents where someone’s failure to exercise reasonable care caused harm. The time period typically starts on the date of the accident.

Oral Contracts

For breaches of oral contracts, Florida law mandates a 4-year statute of limitations. Oral agreements lack the formality of written contracts, making it harder to prove the terms. Because of this, the law imposes a relatively shorter timeframe for bringing claims related to verbal agreements. The statute begins to run from the date the contract was breached.

Property Damage

Claims involving damage to personal property must also be brought within 4 years. This category covers situations like vandalism or damage caused by someone else’s negligence, such as when a vehicle accident results in property damage.

Intentional Torts (Non-violent)

Some intentional torts, like fraud or conversion, fall under the 4-year statute of limitations. Conversion involves the unauthorized taking or use of someone else’s property, while fraud claims arise from intentional misrepresentation or deceit that leads to harm.

Car Accidents

In Florida, the statute of limitations for personal injury based on a car accident is four years. This is shorter than debts based on a written contract. An injured person will have a full four years after the accident to file a lawsuit against you. However, most personal injury lawsuits based on car accidents are filed sooner because the evidence is fresher, and the claimants would rather reach an early settlement.

Credit Card Debt

The statute of limitations for credit card debt in Florida is four years. Because debts based on open accounts, such as credit cards, have a statute of limitations of four years, the credit card issuer has four years from the date of a missed payment to file a lawsuit against you.

Lawsuits with a 2-Year Statute of Limitations

Medical Malpractice

Medical malpractice claims in Florida must be filed within 2 years of when the injury is discovered or should have been discovered, but no more than 4 years from the date of the incident. This applies to cases where a healthcare provider’s negligence causes harm, such as misdiagnosis, surgical errors, or medication mistakes. If fraud or intentional concealment is involved, the statute may be extended up to 7 years.

Attorney Malpractice

Attorney malpractice claims must be filed within 2 years of discovering the error, or from when it should have been reasonably discovered. This covers instances where an attorney’s negligence causes harm to a client, such as missing critical filing deadlines, mishandling legal documents, or failing to properly represent the client’s interests. The discovery rule often plays a significant role in these cases, meaning the statute may not start until the client becomes aware of the malpractice.

Wrongful Death

The statute of limitations for wrongful death claims is 2 years from the date of death. These claims are brought by the deceased’s personal representative on behalf of their survivors. Common scenarios include deaths resulting from accidents, medical malpractice, or intentional acts. It’s critical to act quickly, as missing this deadline generally results in losing the right to compensation.

Libel and Slander

Defamation claims in Florida, including both libel (written) and slander (spoken), must be filed within 2 years. The clock starts from the date the defamatory statement was made or published.

Intentional Torts (Violent Acts)

Certain intentional torts, such as assault, battery, or other intentional physical harm, also fall under a 2-year statute of limitations. This shorter period emphasizes the urgency of seeking redress for violent actions that cause injury.

Statute of Limitations for Debt

The statute of limitations for debt in Florida is five years. A creditor has five years to sue you for the money you owe. Most debts are based on written agreements, and the statute of limitations period for contract actions is five years.

Some people are unsure how long a debt collector can pursue them for old debt in Florida, or how long they can legally be chased for a debt in Florida. As stated above, the default answer is five years. There are exceptions in the statute for debts within a special category.

Statute of Limitations for Criminal Cases

In Florida, the procedures for the statute of limitations in criminal cases are outlined in Chapter 775 of the Florida Statutes. The law specifies that misdemeanors generally have a statute of limitations of 2 years, while most felonies have a statute of limitations of 3 years. For serious crimes like capital felonies or life felonies, there is no statute of limitations, allowing prosecution at any time.

The statutes also clarify that indictments or information must be filed within these timeframes; otherwise, prosecution is barred. This means that if the state fails to file charges within the specified period, the accused cannot be legally prosecuted for that offense.

Crimes with a 3-Year Statute of Limitations

Third-Degree Felonies

Most third-degree felonies in Florida have a 3-year statute of limitations. These offenses include, but are not limited to:

• Theft of Property valued at less than $20,000 but more than $750.
• Battery on a Law Enforcement Officer, if not causing significant bodily harm.
• Possession of a Controlled Substance without the intent to distribute.
• Fraudulent Use of Credit Cards involving transactions totaling less than $20,000 within a six-month period.

Felony Indictments and Informations

The statute of limitations requires that felony indictments or informations for these crimes be filed within 3 years of the offense. If charges are not filed within this period, the prosecution is barred, meaning that the state loses the right to pursue the case.

Crimes with a 2-Year Statute of Limitations

Most misdemeanor offenses in Florida are subject to a 2-year statute of limitations. This includes both first-degree and second-degree misdemeanors. Examples of these offenses include:

• Petit Theft (if the stolen property is valued at less than $750)
• Simple Battery (unless reclassified as a felony due to prior offenses)
• Disorderly Conduct, which covers various acts that disturb public peace.
• Prostitution-related offenses, such as solicitation or offering services.

Crimes with No Statute of Limitations

Capital Felonies

Capital felonies are the most serious crimes in Florida and include offenses like first-degree murder. Since these crimes are punishable by death or life imprisonment, they have no time limit for prosecution.

Life Felonies

Similar to capital felonies, life felonies can be prosecuted at any time. This includes crimes like sexual battery on a child under 12 and kidnapping where the victim is not released unharmed. The seriousness of these crimes allows for indefinite prosecution to ensure accountability.

Felony Sexual Battery

Certain cases of felony sexual battery, particularly those involving victims under 16 years of age, have no statute of limitations. The state recognizes the lasting impact of these offenses and allows for prosecution whenever sufficient evidence arises.

Human Trafficking of Minors

Florida law also permits indefinite prosecution for human trafficking of minors. This reflects the severity of the crime and the challenges victims face in reporting or disclosing abuse.