eLaws of Florida

  SECTION 95.11. Limitations other than for the recovery of real property.  


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  • 1Actions other than for recovery of real property shall be commenced as follows:
    14(1) 15WITHIN TWENTY YEARS.18-19An action on a judgment or decree of a court of record in this state.
    34(2) 35WITHIN FIVE YEARS.38-
    39(a) 40An 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.
    76(b) 77A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of paragraph (5)(e), s. 117255.05(10), 118s. 119337.18(1), 120or s. 122713.23(1)(e), 123and except for an action for a deficiency judgment governed by paragraph (5)(h).
    136(c) 137An action to foreclose a mortgage.
    143(d) 144An action alleging a willful violation of s. 152448.110153.
    154(e) 155Notwithstanding paragraph (b), an action for breach of a property insurance contract, with the period running from the date of loss.
    176(3) 177WITHIN FOUR YEARS.180-
    181(a) 182An action founded on negligence.
    187(b) 188An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority.
    210(c) 211An 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 of the contract 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 10 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 of the contract or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest. However, counterclaims, cross-claims, and third-party claims that arise out of the conduct, transaction, or occurrence set out or attempted to be set out in a pleading may be commenced up to 1 year after the pleading to which such claims relate is served, even if such claims would otherwise be time barred. With respect to actions founded on the design, planning, or construction of an improvement to real property, if such construction is performed pursuant to a duly issued building permit and if a local enforcement agency, state enforcement agency, or special inspector, as those terms are defined in s. 489553.71, 490has issued a final certificate of occupancy or certificate of completion, then as to the construction which is within the scope of such building permit and certificate, the correction of defects to completed work or repair of completed work, whether performed under warranty or otherwise, does not extend the period of time within which an action must be commenced. Completion of the contract means the later of the date of final performance of all the contracted services or the date that final payment for such services becomes due without regard to the date final payment is made.
    587(d) 588An 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.
    624(e) 625An 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.
    656(f) 657An action founded on a statutory liability.
    664(g) 665An action for trespass on real property.
    672(h) 673An action for taking, detaining, or injuring personal property.
    682(i) 683An action to recover specific personal property.
    690(j) 691A legal or equitable action founded on fraud.
    699(k) 700A 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.
    734(l) 735An action to rescind a contract.
    741(m) 742An action for money paid to any governmental authority by mistake or inadvertence.
    755(n) 756An action for a statutory penalty or forfeiture.
    764(o) 765An 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).
    792(p) 793Any action not specifically provided for in these statutes.
    802(q) 803An action alleging a violation, other than a willful violation, of s. 815448.110816.
    817(4) 818WITHIN TWO YEARS.821-
    822(a) 823An action for professional malpractice, other than medical malpractice, whether founded on contract or tort; provided that the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence. However, the limitation of actions herein for professional malpractice shall be limited to persons in privity with the professional.
    885(b) 886An action for medical malpractice shall 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; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 1160766.3011161-1162766.316 1163provide the exclusive remedy.
    1167(c) 1168An action to recover wages or overtime or damages or penalties concerning payment of wages and overtime.
    1185(d) 1186An action for wrongful death.
    1191(e) 1192An action founded upon a violation of any provision of chapter 517, with the period running from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence, but not more than 5 years from the date such violation occurred.
    1245(f) 1246An action for personal injury caused by contact with or exposure to phenoxy herbicides while serving either as a civilian or as a member of the Armed Forces of the United States during the period January 1, 1962, through May 7, 1975; the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence.
    1314(g) 1315An action for libel or slander.
    1321(5) 1322WITHIN ONE YEAR.1325-
    1326(a) 1327An action for specific performance of a contract.
    1335(b) 1336An action to enforce an equitable lien arising from the furnishing of labor, services, or material for the improvement of real property.
    1358(c) 1359An action to enforce rights under the Uniform Commercial Code1369-1370Letters of Credit, chapter 675.
    1375(d) 1376An action against any guaranty association and its insured, with the period running from the date of the deadline for filing claims in the order of liquidation.
    1403(e) 1404Except for actions governed by s. 1410255.05(10), 1411s. 1412337.18(1), 1413or s. 1415713.23(1)(e), 1416an action to enforce any claim against a payment bond on which the principal is a contractor, subcontractor, or sub-subcontractor as defined in s. 1440713.01, 1441for private work as well as public work, from the last furnishing of labor, services, or materials or from the last furnishing of labor, services, or materials by the contractor if the contractor is the principal on a bond on the same construction project, whichever is later.
    1488(f) 1489Except for actions described in subsection (8), a petition for extraordinary writ, other than a petition challenging a criminal conviction, filed by or on behalf of a prisoner as defined in s. 152157.0851522.
    1523(g) 1524Except for actions described in subsection (8), an action brought by or on behalf of a prisoner, as defined in s. 154557.085, 1546relating to the conditions of the prisoner’s confinement.
    1554(h) 1555An action to enforce a claim of a deficiency related to a note secured by a mortgage against a residential property that is a one-family to four-family dwelling unit. The limitations period shall commence on the day after the certificate is issued by the clerk of court or the day after the mortgagee accepts a deed in lieu of foreclosure.
    1615(6) 1616LACHES.1617-1618Laches shall bar any action unless it is commenced within the time provided for legal actions concerning the same subject matter regardless of lack of knowledge by the person sought to be held liable that the person alleging liability would assert his or her rights and whether the person sought to be held liable is injured or prejudiced by the delay. This subsection shall not affect application of laches at an earlier time in accordance with law.
    1695(7) 1696FOR INTENTIONAL TORTS BASED ON ABUSE.1702-1703An action founded on alleged abuse, as defined in s. 171339.01, 1714s. 1715415.102, 1716or s. 1718984.03, 1719or incest, as defined in s. 1725826.04, 1726may be commenced at any time within 7 years after the age of majority, or within 4 years after the injured person leaves the dependency of the abuser, or within 4 years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the abuse, whichever occurs later.
    1784(8) 1785WITHIN 30 DAYS FOR ACTIONS CHALLENGING CORRECTIONAL DISCIPLINARY PROCEEDINGS.1794-1795Any court action challenging prisoner disciplinary proceedings conducted by the Department of Corrections pursuant to s. 1811944.28(2) 1812must be commenced within 30 days after final disposition of the prisoner disciplinary proceedings through the administrative grievance process under chapter 33, Florida Administrative Code. Any action challenging prisoner disciplinary proceedings shall be barred by the court unless it is commenced within the time period provided by this section.
    1861(9) 1862SEXUAL BATTERY OFFENSES ON VICTIMS UNDER AGE 16.1870-1871An action related to an act constituting a violation of s. 1882794.011 1883involving a victim who was under the age of 16 at the time of the act may be commenced at any time. This subsection applies to any such action other than one which would have been time barred on or before July 1, 2010.
    1927(10) 1928FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS DESCRIBED IN S. 1939782.04 1940OR S. 1942782.071943.1944-1945Notwithstanding paragraph (4)(d), an action for wrongful death seeking damages authorized under s. 1958768.21 1959brought against a natural person for an intentional tort resulting in death from acts described in s. 1976782.04 1977or s. 1979782.07 1980may be commenced at any time. This subsection shall not be construed to require an arrest, the filing of formal criminal charges, or a conviction for a violation of s. 2010782.04 2011or s. 2013782.07 2014as a condition for filing a civil action.
    2022(11) 2023COURT COSTS AND FINES.2027-2028Notwithstanding subsection (1), an action to collect court costs, fees, or fines owed to the state may be commenced at any time.
History.-s. 10, ch. 1869, 1872; s. 1, ch. 3900, 1889; RS 1294; GS 1725; s. 10, ch. 7838, 1919; RGS 2939; CGL 4663; s. 1, ch. 21892, 1943; s. 7, ch. 24337, 1947; s. 24, ch. 57-1; s. 1, ch. 59-188; s. 1, ch. 67-284; s. 1, ch. 71-254; s. 30, ch. 73-333; s. 7, ch. 74-382; s. 7, ch. 75-9; s. 1, ch. 77-174; s. 11, ch. 78-435; s. 1, ch. 80-322; s. 34, ch. 83-38; s. 1, ch. 84-13; s. 1, ch. 85-63; s. 139, ch. 86-220; s. 1, ch. 86-231; s. 1, ch. 86-272; s. 1, ch. 88-397; s. 20, ch. 90-109; s. 1, ch. 92-102; s. 520, ch. 95-147; s. 2, ch. 95-283; s. 4, ch. 96-106; s. 1, ch. 96-167; s. 15, ch. 98-280; s. 2, ch. 99-5; s. 12, ch. 99-137; s. 2, ch. 2001-211; s. 15, ch. 2005-230; s. 1, ch. 2005-353; s. 1, ch. 2006-145; s. 2, ch. 2010-45; s. 1, ch. 2010-54; s. 1, ch. 2011-39; s. 13, ch. 2012-100; s. 1, ch. 2012-211; s. 1, ch. 2013-137; s. 18, ch. 2016-24; s. 18, ch. 2017-37; s. 1, ch. 2017-101; s. 10, ch. 2017-107; ss. 1, 2, ch. 2018-97.

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