Florida Statute of Limitations (2026)

Official Statute

Fla. Stat. § 95.11(3)(a)

Clock Starts

Date of injury

Key Exceptions

• ⚠️ Shortened from 4 years to 2 years effective March 24, 2023
• Gov entities: 3-year notice of claim period
• Minors: tolled until age 18, then 2 years

Notes

IMPORTANT: Florida shortened its PI statute from 4 to 2 years in March 2023. Incidents before that date may still have the 4-year period.

Official Statute

Fla. Stat. § 95.11(4)(b)

Clock Starts

Date of discovery

Key Exceptions

• 4-year statute of repose from date of incident
• Pre-suit notice required 90 days before filing
• Minors: extended period applies

Notes

Florida requires a 90-day pre-suit investigation period before filing a malpractice lawsuit.

Official Statute

Fla. Stat. § 95.11(2)(b)

Clock Starts

Date of breach

Key Exceptions

No major exceptions noted.

Notes

Five years for written contracts in Florida.

Official Statute

Fla. Stat. § 95.11(3)(k)

Clock Starts

Date of breach

Key Exceptions

No major exceptions noted.

Notes

Four years for oral contracts per the exception rule.

Official Statute

Fla. Stat. § 95.11(4)(g)

Clock Starts

Date of publication

Key Exceptions

No major exceptions noted.

Notes

Two years for libel and slander in Florida.

Official Statute

Fla. Stat. § 95.11(4)(d)

Clock Starts

Date of death

Key Exceptions

• Pre-suit notice required 90 days before filing

Notes

Two years from date of death; pre-suit notice may be required for medical-based wrongful death.

Official Statute

Fla. Stat. § 95.11(3)(h)

Clock Starts

Date of damage

Key Exceptions

No major exceptions noted.

Notes

Four years for property damage claims in Florida.

Official Statute

Fla. Stat. § 95.11(3)(j)

Clock Starts

Date of discovery

Key Exceptions

• Discovery rule: clock starts when fraud was or should have been discovered

Notes

Four years from discovery of the fraud.

Official Statute

Fla. Stat. § 95.11(3)(a)

Clock Starts

Date of fall, trip, or injury on the property

Key Exceptions

• ⚠️ Shortened from 4 years to 2 years effective March 24, 2023
• Gov entities: 3-year notice of claim period
• Minors: tolled until age 18, then 2 years
• Property owner must have had actual or constructive notice of the dangerous condition

Notes

Florida applies the 2-year personal injury statute to slip and fall (premises liability) claims. To win, you must show the property owner knew or should have known of the hazardous condition and failed to fix it or warn you.

Official Statute

Fla. Stat. § 95.11(3)(a)

Clock Starts

Date of bite, attack, or injury

Key Exceptions

• ⚠️ Shortened from 4 years to 2 years effective March 24, 2023
• Gov entities: 3-year notice of claim period
• Minors: tolled until age 18, then 2 years
• Some states impose strict liability on owners regardless of the dog's prior history

Notes

Florida applies the 2-year period to dog bite and animal attack claims. Most states impose strict liability on dog owners for bites; some require proof the owner knew the animal was dangerous ("one bite rule").

Official Statute

Fla. Stat. § 95.11(3)(a)

Clock Starts

Date of injury OR date the defect was or should have been discovered

Key Exceptions

• ⚠️ Shortened from 4 years to 2 years effective March 24, 2023
• Gov entities: 3-year notice of claim period
• Minors: tolled until age 18, then 2 years
• Discovery rule may extend start date for latent product defects
• Defective design, manufacturing defect, or failure-to-warn claims each have own accrual rules

Notes

Florida product liability claims follow the 2-year personal injury period. The discovery rule typically applies when a product defect was not immediately apparent. Check for any applicable statute of repose measured from the date of manufacture or sale.

Official Statute

Fla. Stat. § 95.11(3)(a)

Clock Starts

Date of the assault or battery

Key Exceptions

• ⚠️ Shortened from 4 years to 2 years effective March 24, 2023
• Gov entities: 3-year notice of claim period
• Minors: tolled until age 18, then 2 years
• Criminal prosecution of the defendant does not pause the civil SOL
• Evidence from criminal proceedings may be usable in civil case
• Some states apply a different (often shorter) period to intentional torts such as assault and battery. Confirm the rule for your state with an attorney.

Notes

Civil assault and battery claims in Florida are subject to the 2-year personal injury statute. You can file a civil lawsuit regardless of whether criminal charges were filed — they are separate proceedings with different burdens of proof.

Official Statute

Fla. Stat. § 95.11(9)

Clock Starts

Date of act or discovery

Key Exceptions

• Childhood abuse (before age 16): 7 years from age 18, or 4 years from discovery, whichever is later
• Adult survivors: 4 years from act or 2 years from discovery

Notes

Florida gives childhood sexual abuse survivors until age 25 (7 years from age 18) or 4 years from discovery. Adult victims have 4 years from the act or 2 years from discovery.

Official Statute

Fla. Stat. § 95.11(3)(a)

Clock Starts

Date abuse occurred or was discovered

Key Exceptions

• ⚠️ Shortened from 4 years to 2 years effective March 24, 2023
• Gov entities: 3-year notice of claim period
• Minors: tolled until age 18, then 2 years
• Discovery rule applies when abuse was hidden or not immediately apparent
• Mental or cognitive incapacity of the resident may toll the period
• Federal LTCOP (Long-Term Care Ombudsman) complaints are separate from civil lawsuits

Notes

Florida nursing home neglect and abuse claims are governed by the 2-year personal injury statute. The discovery rule is critical — abuse is frequently concealed, and courts often hold the clock starts when the family discovered (or should have discovered) the abuse. Preserve all medical records, facility reports, and communications.