Florida Statute of Limitations
Time limits for filing civil lawsuits in Florida. The statute of limitations varies by claim type. Once the deadline passes, you generally cannot file suit.
Data last updated: Apr 16, 2026Key Takeaways
- Written Contracts: 5 years (Fla. Stat. § 95.11(2)(b)).
- Oral Contracts: 4 years (Fla. Stat. § 95.11(3)(k)).
- Personal Injury: 2 years (Fla. Stat. § 95.11(3)(a)).
- Property Damage: 4 years (Fla. Stat. § 95.11(3)(h)).
Florida Statute of Limitations by Claim Type
| Claim Type | Time Limit | Statute | Notes |
|---|---|---|---|
| Written Contracts | 5 years | Fla. Stat. § 95.11(2)(b) | Accrues on the date of breach. |
| Oral Contracts | 4 years | Fla. Stat. § 95.11(3)(k) | Accrues on the date of breach. |
| Personal Injury | 2 years | Fla. Stat. § 95.11(3)(a) | Accrues on the date of injury. Florida shortened this from 4 to 2 years effective March 2023. |
| Property Damage | 4 years | Fla. Stat. § 95.11(3)(h) | Accrues when damage occurs. |
| Medical Malpractice | 2 years | Fla. Stat. § 95.11(4)(b) | 2 years from when the incident is discovered or should have been discovered, with a 4-year statute of repose (7 years for fraud or concealment). |
| Debt Collection | 5 years | Fla. Stat. §§ 95.11(2)(b), 95.11(3)(k) | Written debts: 5 years. Oral debts: 4 years. |
| Fraud | 4 years | Fla. Stat. § 95.031(2)(a) | 4 years from discovery of the fraud, with a 12-year statute of repose. |
General Notes for Florida
Florida's tort reform legislation in 2023 significantly shortened the personal injury statute of limitations from 4 to 2 years. The discovery rule applies to medical malpractice and fraud claims. Florida also has specific statutes of repose for construction defects and products liability.
Related Resources
Frequently Asked Questions
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What is the statute of limitations for personal injury in Florida?
As of March 2023, the statute of limitations for personal injury in Florida is 2 years, reduced from the previous 4-year period. This applies to negligence claims including car accidents.
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What is the statute of limitations for debt in Florida?
Written debts have a 5-year statute of limitations, while oral debts have a 4-year limit. Credit card debt is typically treated as a written obligation.
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Does Florida have a discovery rule?
Yes. Florida applies the discovery rule to medical malpractice and fraud claims, meaning the clock starts when the plaintiff discovers or should have discovered the injury or fraud.
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Can a partial payment restart the statute of limitations in Florida?
Yes. A written acknowledgment of the debt or a partial payment can restart the statute of limitations in Florida.