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What is the statute of limitations in Florida?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Florida civil limitations are codified in Fla. Stat. § 95.11. Major reform: Florida HB 837, signed March 24, 2023, cut the personal injury limitations period from 4 years to 2 years for causes of action accruing on or after that date.

1. Personal Injury — 2 Years (post-3/24/2023)

Fla. Stat. § 95.11(4)(a) (post-reform): An action founded on negligence must be commenced within 2 years. Causes of action that accrued before March 24, 2023, retain the prior 4-year period.

2. Written Contract — 5 Years

Fla. Stat. § 95.11(2)(b): An action on a contract, obligation, or liability founded on a written instrument, except for the recovery of real property — 5 years.

3. Oral Contract — 4 Years

Fla. Stat. § 95.11(3)(k): An action on a contract, obligation, or liability not founded on a written instrument — 4 years.

4. Property Damage — 4 Years

Fla. Stat. § 95.11(3)(h): An action for injury to property founded on negligence (other than real property design/construction) — 4 years.

5. Fraud — 4 Years (with 12-Year Repose)

Fla. Stat. § 95.11(3)(j): An action founded on fraud — 4 years. Discovery rule applies (§ 95.031(2)(a)), but no action may be filed more than 12 years after the act regardless of discovery.

6. Medical Malpractice — 2 Years / 4-Year Repose

Fla. Stat. § 95.11(4)(b): An action for medical malpractice must be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered or should have been discovered with the exercise of due diligence; in no event more than 4 years from the date of the incident (7 years if fraud, concealment, or intentional misrepresentation; minors under 8 have until age 8).

7. Wrongful Death — 2 Years

Fla. Stat. § 95.11(4)(d): An action for wrongful death — 2 years.

8. Other Notable Periods

  • Defamation: 2 years (§ 95.11(4)(g)).
  • Construction defect: 4 years from completion or discovery, with 7-year repose (§ 95.11(3)(c)).
  • Judgment of a court of record: 20 years (§ 95.11(1)).
  • UCC sale of goods: 4 years (Fla. Stat. § 672.725).
  • Action against a sheriff or other officer for nonfeasance: 3 years (§ 95.11(5)(c)).

    • 9. Pre-Suit Notice — Medical Malpractice

    A 90-day pre-suit investigation notice is required (Fla. Stat. § 766.106) and tolls the statute.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your claim accrued near March 24, 2023 (transition between 4-year and 2-year PI rule)
    • You suspect fraudulent concealment that may extend the medical malpractice repose
    • You have a claim against a Florida governmental entity (3-year sovereign immunity notice)
    Related Statutes & Laws
    • Fla. Stat. § 95.11
    • Fla. Stat. § 95.031
    • Fla. Stat. § 766.106
    • Fla. Stat. § 672.725

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.