A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time–there is no “statute of limitations” for murder and other such “high” felonies  (Florida Statutes 782).

Prosecutions for other offenses are subject to the following periods of limitation:

• A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.
• A prosecution for any other felony must be commenced within 3 years after it is committed.
• (c)  A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.
• (d)  A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed.

There are exceptions to these general statutory rules sprinkled all throughout the Florida Statutes,  so you should contact my office for a free consultation and evaluation of your particular situation, and development of an action plan.

Limitations on civil actions

The limitations on actions governing civil lawsuits are generally as follows:

• Within twenty years.–An action on a judgment or decree of a court of record in this state.
• Within five years.–
  • An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country.
  • A legal or equitable action on a contract, obligation, or liability founded on a written instrument.
  • An action to foreclose a mortgage.
• Within four years.—
  • An action founded on negligence.
  • An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority.
  • An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest;  except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.  In any event, the action must be commenced within 15 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest.
  • An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment.
  • An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures.
  • An action founded on a statutory liability.
  • An action for trespass on real property.
  • An action for taking, detaining, or injuring personal property.
  • An action to recover specific personal property.
  • A legal or equitable action founded on fraud.
  • A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.
  • An action to rescind a contract.
  • An action for money paid to any governmental authority by mistake or inadvertence.
  • An action for a statutory penalty or forfeiture.
  • An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections (4), (5), and (7).

• Within two years.—

• An action for professional malpractice provide the exclusive remedy.
• An action to recover wages or overtime or damages or penalties concerning payment of wages and overtime.
• An action for wrongful death.
• o An action for libel or slander.

• Within one year.—
  • An action for specific performance of a contract.

Many factors affect how the beginning and end of these time periods are calculated.  It is important to contact an attorney to determine how the law applies to your specific factual situation.  Please call my office if you have any questions or desire a free consultation.  I can be reached at 321-757-6848.