Florida statute of limitations by claim
In Florida you generally have 2 years to sue for personal injury, 2 years for property damage, 5 years on a written contract and 4 years on an oral one, but only 2 years for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury | 2 years | Fla. Stat. § 95.11(5)(a)Applies to actions founded on negligence. Was 4 years for negligence causes of action accruing before March 24, 2023 (HB 837, ch. 2023-15, § 28). Intentional torts such as assault and battery remain 4 years (§ 95.11(3)(n)). |
| Medical malpractice | 2 years | Fla. Stat. § 95.11(5)(c)Repose: 4 years from the incident; up to 7 years if fraud, concealment or intentional misrepresentation prevented discovery (§ 95.11(5)(c)) The 4- and 7-year limits do not bar an action brought for a minor on or before the child's 8th birthday. Mailing the presuit notice of intent tolls the period during the 90-day presuit investigation (§ 766.106(4)). |
| Wrongful death | 2 years | Fla. Stat. § 95.11(5)(e)A wrongful death claim against a natural person for an intentional tort resulting in death from murder or manslaughter (§§ 782.04, 782.07) may be brought at any time (§ 95.11(11)). Deaths from medical malpractice follow the § 95.11(5)(c) med-mal rules. |
| Property damage | 2 years | Fla. Stat. § 95.11(5)(a); § 95.11(3)(g)2 years when the claim is founded on negligence (e.g. vehicle damage in a crash). Other actions for taking, detaining or injuring personal property (e.g. conversion) are 4 years under § 95.11(3)(g). |
| Written contract | 5 years | Fla. Stat. § 95.11(2)(b)Breach of a property insurance contract: 5 years from the date of loss (§ 95.11(2)(e)). Payment of principal or interest tolls an obligation founded on a written instrument (§ 95.051(1)(f)). |
| Oral contract | 4 years | Fla. Stat. § 95.11(3)(j) |
| Credit card / account debt | 4 years | Fla. Stat. § 95.11(3)(j)§ 95.11(3)(j) expressly covers store accounts and contracts not founded on a written instrument. A credit card debt sued on a signed written agreement may fall under the 5-year written-instrument period (§ 95.11(2)(b)). Medical debt for services by a ch. 395 facility (hospitals, ambulatory surgical centers): 3 years from referral to a third party for collection (§ 95.11(4), added by ch. 2024-183, HB 7089). An acknowledgment of or promise to pay a time-barred debt revives it only if in writing and signed (§ 95.04). |
| Fraud | 4 years | Fla. Stat. § 95.11(3)(i)Repose: 12 years from the date the fraud was committed (§ 95.031(2)(a)) |
| Defamation | 2 years | Fla. Stat. § 95.11(5)(h)Same period for libel and slander. For a statement published or broadcast in a newspaper, periodical or other medium, written notice must be served on the defendant at least 5 days before suing (§ 770.01). |
| Product liability | 4 years | Fla. Stat. § 95.11(3)(d)Repose: 12 years after delivery to the first purchaser for products with an expected useful life of 10 years or less; 20 years for commercial aircraft, large vessels and railroad equipment (§ 95.031(2)(b)) Repose does not apply if exposure occurred within the repose period but the injury did not manifest until later, and it is tolled while the manufacturer knowingly conceals the defect (§ 95.031(2)(c)-(d)). |
What is different in Florida
The 2023 tort reform law (HB 837) cut the negligence period in half, so the date of the accident decides whether 2 or 4 years applies. Intentional torts such as battery still have 4 years. Florida also has one of the narrowest tolling rules in the country: the list of tolling grounds in § 95.051 is exclusive, and minority tolls only when the child has no parent or guardian.
- HB 837 (2023) cut the general negligence period from 4 to 2 years for causes of action accruing after March 24, 2023; claims that accrued earlier keep the 4-year period. (Ch. 2023-15, Laws of Fla.; Fla. Stat. § 95.11(5)(a))[10]
- Negligence claims against the state, cities and counties still have 4 years to sue under the sovereign immunity statute, longer than the 2-year period against private parties. A 2026 bill to shorten this (HB 145) was vetoed on June 30, 2026. (Fla. Stat. § 768.28(14); HB 145 (2026))[11]
- A civil claim for sexual battery of a victim under 16 can be filed at any time (for claims not already barred on July 1, 2010), and civil abuse claims can be filed up to 7 years after age 18 or 4 years after discovery. (Fla. Stat. § 95.11(8), (10))[12]
- Hospital medical debt has its own 3-year collection-suit period, running from the date the facility refers the debt to a third party for collection. (Fla. Stat. § 95.11(4); ch. 2024-183)[13]
When the clock starts and stops
Florida has no general discovery rule: claims accrue when the last element occurs, and only the tolling grounds listed in § 95.051 apply. Statutory discovery rules cover fraud, products liability, professional and medical malpractice, and latent construction defects. (Fla. Stat. §§ 95.031, 95.051(2))
Minors. Florida pauses the clock for minors only in limited situations. Minority tolls only while no parent, guardian or guardian ad litem exists or the guardian has an adverse interest, and suit must be filed within 7 years of the event. Medical malpractice: the 4- and 7-year repose limits do not bar a claim filed on or before the child's 8th birthday (§ 95.11(5)(c)).[6]
Other tolling. Tolled by the defendant's absence from the state, concealment or use of a false name (only if service cannot otherwise be made), adjudicated incapacity before accrual (7-year cap), and pending arbitration (§ 95.051(1)); § 95.051(2) makes this list exclusive.
Suing the government in Florida
Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]
| Defendant | Deadline | Statute |
|---|---|---|
| State agencies | Written claim to the agency and to the Department of Financial Services within 3 years after the claim accrues (2 years for wrongful death)Suit within 4 years after the claim accrues; medical malpractice and wrongful death follow § 95.11(5) (§ 768.28(14)). The agency has 6 months to act before the claim is deemed denied (§ 768.28(6)(d)). | Fla. Stat. § 768.28(6)(a) |
| Cities, counties and other local entities | Written claim to the city or county within 3 years after the claim accrues (no DFS filing needed)Suit within 4 years after the claim accrues (§ 768.28(14)) | Fla. Stat. § 768.28(6)(a) |
Criminal statute of limitations in Florida
Most felonies in Florida: 4 years for first-degree felonies; 3 years for other felonies. Misdemeanors: 2 years (first-degree misdemeanor); 1 year (second-degree misdemeanor or noncriminal violation).[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.
| Offense | Time limit | Statute |
|---|---|---|
| Felonies | 4 years for first-degree felonies; 3 years for other feloniesAbsence from the state or no ascertainable residence tolls the period, but by no more than 3 years (§ 775.15(5)). | Fla. Stat. § 775.15(2)(a)-(b) |
| Misdemeanors | 2 years (first-degree misdemeanor); 1 year (second-degree misdemeanor or noncriminal violation) | Fla. Stat. § 775.15(2)(c)-(d) |
| No time limit | Capital felonies, life felonies, felonies that resulted in a death, and perjury in a capital felony prosecution; certain sexual battery offenses (see below) | Fla. Stat. § 775.15(1), (6), (13), (14) |
| Sexual assault | Adult victim (16+): first- or second-degree felony sexual battery has no limit if reported to police within 72 hours, otherwise 8 years. Victim under 16: no limit. Victim under 18: first-degree felony sexual battery has no limit, and other periods start at 18 or when reported, whichever is earlier. | Fla. Stat. § 775.15(13)-(14) |
| Theft | Prosecutions under the theft statutes (§§ 812.012–812.037) may be commenced within 5 years after the offense (§ 812.035(10)). |
Worked example
A slip-and-fall at a Tampa grocery store on May 18, 2024: under the personal injury deadline is May 18, 2026. For a crash before March 24, 2023, the old 4-year period applies instead.
For a claim of $8,000 or less, Florida’s small claims (County Court (small claims)) is usually faster and cheaper; see our Florida small claims court guide.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.
Frequently asked questions
How long do you have to sue for personal injury in Florida?
What is the statute of limitations on debt in Florida?
Does the statute of limitations pause for minors in Florida?
What crimes have no statute of limitations in Florida?
Is the Florida statute of limitations for personal injury 2 or 4 years?
What is the Florida statute of limitations for debt?
Sources
- Fla. Stat. § 95.11(5)(a): personal injury limitation period
- Fla. Stat. § 95.11(5)(c): medical malpractice limitation period
- Fla. Stat. § 95.11(5)(e): wrongful death limitation period
- Fla. Stat. § 95.11(2)(b): written contract limitation period
- Fla. Stat. § 95.11(3)(j): credit card / account debt limitation period
- Fla. Stat. § 95.051(1)(i): tolling for minors
- Fla. Stat. § 768.28(6)(a): claims against the state
- Fla. Stat. § 768.28(6)(a): claims against local government
- Fla. Stat. § 775.15(2)(a)-(b): criminal limitation periods
- Ch. 2023-15, Laws of Fla.; Fla. Stat. § 95.11(5)(a)
- Fla. Stat. § 768.28(14); HB 145 (2026)
- Fla. Stat. § 95.11(8), (10)
- Fla. Stat. § 95.11(4); ch. 2024-183
- Florida small claims (official court self-help)