The statute of limitations sets the deadline for filing civil or criminal cases in Florida. It varies based on the type of case, as detailed below.

Civil Statute of Limitations

  • Personal Injury (e.g., Car Accidents): 4 years
  • Medical Malpractice: 2 years (from discovery), max 4 years
  • Attorney Malpractice: 2 years (from discovery), max 4 years
  • Written Contracts: 5 years
  • Oral Contracts: 4 years
  • Debt Collection (e.g., Credit Card Lawsuits):
    • 5 years (written debt)
    • 4 years (oral debt)
  • Property Damage: 4 years
  • Wrongful Death: 2 years
  • Fraud: 4 years (from discovery)
  • Defamation (Libel/Slander): 2 years
  • Judgment Collection: 20 years
  • Real Estate Disputes: 4 years
  • Product Liability: 4 years
  • Workers’ Compensation:
    • 2 years (from injury or last benefits)
  • Tax Liens: 20 years
  • Construction Defects:
    • 4 years (from discovery)
    • 10 years (latent defects)
  • Environmental Claims: 5 years
  • Employment or Housing Discrimination: 1 year
  • Breach of Fiduciary Duty: 4 years
  • Professional Malpractice: 2 years (from discovery), max 4 years
  • Insurance Claims (e.g., Homeowners, Auto): 5 years
  • Breach of Lease Agreements:
    • 5 years (written leases)
    • 4 years (oral leases)

Criminal Statute of Limitations

  • Human Trafficking: No limit
  • Capital Felonies: No limit
  • Life Felonies: No limit
  • First-Degree Felonies: 4 years
  • Other Felonies: 3 years
  • First-Degree Misdemeanors: 2 years
  • Second-Degree Misdemeanors: 1 year
  • Sexual Battery (Minor Victim): No limit
  • Sexual Battery (Adult Victim): 8 years (or no limit if DNA evidence exists)
  • Theft: 5 years
  • Arson: No limit
  • Fraudulent Activity Involving Government Funds: 5 years
  • Embezzlement: 3 years
  • DUI Charges:
    • Misdemeanor: 1–2 years
    • Felony: 3–4 years
  • Drug Possession:
    • Felony: 3 years
    • Misdemeanor: 1 year
  • Kidnapping: No limit
Gideon Alper

About the Author

Gideon Alper is an attorney who specializes in asset protection planning. He graduated with honors from Emory University Law School and has been practicing law for almost 15 years.

Gideon and the Alper Law firm have advised thousands of clients about how to protect their assets from creditors.

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