What Exactly Is Florida’s Statute Of Limitations?

Anyone who has watched “Law & Order” or “Suits” on TV has probably heard of the statute of limitations, but what exactly is Florida’s statute of limitations? How does it work in the Sunshine State?

The statute of limitations determines how long from the date a claim accrues that a person or business must file the claim in court.

The purpose of a statute of limitations is to ensure that lawsuits are brought within a reasonable time. Those involved in potential disputes, prevent juries from having to decide on claims that are too old. Older cases face records that may have been lost and memories of witnesses which may have long since faded.

In Florida, the statute of limitations is found at Florida Statutes, Section 95.11.

The most important limitations under Florida’s statute include:

• Action to recover on a Florida judgment = 20 years
• Breach of written contract = 5 years (only 4 years for oral contracts)
• Claims involving the design, planning, or construction of real property = 4 years

• Fraud claims = 4 years
• Claims involving the payment of wages and overtime = 2 years
• Defamation (libel and slander) claims = 2 years
• Claims to enforce a payment bond involving a contract or subcontractor = 1 year

The Florida Legislature has created countless exceptions that can be puzzling when trying to determine whether your claim. Claims typically are filed within 1-5 years.

A few other legal concepts may impact when the statute of limitations begins running, and whether it can be changed circumstances.

Regardless of the length afforded by the statute of limitations, it begins running once a claim “accrues.” A claim accrues under Florida law when the last element constituting the cause of action occurs.

For example, a claim for breach of contract transpires, and the statute of limitations begins running, at the time of the breach. Yet, Florida law does allow for the delay of the accrual of a claim when the plaintiff does not know that he or she has a claim. Like when the defendant fraudulently conceals a breach of a contract.

If you are concerned about when a claim accrues or whether the statute of limitations has run on a potential claim against you or your business. Do not hesitate to contact us today for an individualized assessment and practical solution tailored specifically for your needs. Please contact anyone of our knowledgeable members of Jurado & Farshchian, P.L. business litigation legal team. Call for a consultation at 305-921-0440 or email me at [email protected].

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