What Is the Statute of Limitations in Florida?

DISCLAIMER: The Following is not legal advice, it is for informational purposes only.   If you have a legal issue, please consult your own attorney.  

It is an actual Florida statute written into law by the Florida legislature that provides the time periods where you can bring a claim for something like a breach of contract, car accident, personal injury or even criminal charges.   Florida’s statute of limitations apply to ordinary citizens, corporations and individuals holding public office.   One of the first things to analyze in a civil action is whether or not the statute of limitations has expired in your exercise of due diligence.   If the time limit has run, Florida’s statute of limitations precludes the filing of a cause of action, so its extremely important to do this analysis.  There are several time frames which apply, between 1 year and 5 years in civil actions and it is not always easy to determine as state laws provide for extensions which are known as tolling under certain circumstances.

With regard to a breach of a written contract, Florida’s statute of limitations provides a 5 year time limit from the date of the breach.    While that may sound simple enough, defense lawyers and law firms in general look to find any means to have a case dismissed.  If the time frame is missed, you will find yourself out of a claim.     As such, since the date of a breach of contract is not always clear, it’s best to gear up to file any claim as soon as possible.   This is especially true in real property contracts.

Now, interestingly enough, there is an exception to the statute of limitations with breach of contract. One of them happens to be in the area of mortgage foreclosure. Back in 2016, the Florida Supreme Court decided that a bank can sue on any breach of the mortgage, not just from the date of the last payment.   This was unwelcomed news to many Florida homeowners whose homes were in foreclosure but the bank had not acted in over five years.   Short of a mortgage foreclosure however, generally a Florida breach of contract has a five year statute of limitations.

The statute of limitations can also run, not from the date of a fraud, but on the date of the discovery of the fraud.    Similarly, in a medical malpractice case, the time frame may begin to run from the date that an injury was discovery or should have reasonably been discovered.  The limitations period is extended in these circumstances because people do not always catch fraudulent activity when it happens or discover a personal injury claim until years later.

Your claim is individual to you, whether it be for a tort like false imprisonment or breach of a construction contract.   Florida Statutes regarding statutes of limitations work to ensure there is plenty of time to file a civil action and consequences for missing the relevant time period.

Most claims in a civil action other than breach of contract have a four year statute of limitations.   These include personal injury, fraud, wrongful death and intentional torts.   One of the good things about the State of Florida’s time frames is that they have been consistent for a long time – in other words, the limitations period likely isn’t going to change any time soon.

Criminal charges are another ball game, where the limitations period can be shorter for a third degree misdemeanor to over ten years for a first degree felony.    In some cases, do not expire at all like first degree felony murder.   The best course of action in the exercise of due diligence is to meet with a criminal defense attorney who may offer a free consultation to discuss the relevant time period of the alleged offense.    That consultation will be protected by the attorney-client privilege and there you can get the lay of the land as to Florida Law and the particular criminal charges.

If you are just discovering that you may have a claim in a civil action and much time has passed which may otherwise pass the time limit, it is important to think outside the box as to when exactly the date of injury occurred.  Many factors come into play and do not get discouraged because some time period has already elapsed.  There may have been multiple breaches of the contract for example that may get you on the playing field so to speak.  There may have been a fraud claim within a corresponding breach of contract that may have been extended due to tolling based upon the fraud being discovered years later.  Don’t forget that opposing counsel will likely raise a statute of limitations defense – especially if the time period is a close call.   Generally, Florida courts do not prefer to through a case out based upon a statute of limitations defense, as there is a general belief that cases should be heard on the merits if possible.

If you have been injured or damages through the conduct of an individual or corporation, act on your claim so that you will be within the time period as soon as possible.  Speak to a lawyer who can answer your questions about your potential civil action as each case is different.