LEGAL RESEARCH, ANALYSIS, AND ADVOCACY FOR ATTORNEYS

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1 LEGAL RESEARCH, ANALYSIS, AND ADVOCACY FOR ATTORNEYS Founded in 1969, NLRG is the nation s oldest and largest provider of legal research services to attorneys. We have served more than 50,000 attorneys in private practice, corporate legal departments, and state and local government offices at the rate of 3,500 cases per year. Our attorney staff, chosen for their outstanding academic credentials and writing ability, most of whom engaged in private practice before joining us, have on average 18 years of experience, and specialize according to area of law. Preliminary consultations and cost estimates are provided without obligation. How to contact us: research@nlrg.com Phone Fax Web Address PO Box 7187, Charlottesville, VA How to use our services: Call Tell our telephone receptionist that you need to speak with the Senior Attorney who specializes in the area of law involved in your case. If you already know the attorney with whom you would like to speak, just ask for that attorney. Tell our Senior Attorney what you need and when you need it. Our Senior Attorney will work with you to define exactly what issues should be researched and the most appropriate work product. He or she will give you a cost estimate for doing the research you have requested. There is no charge for the initial consultation and cost estimate, and you are under no obligation to proceed. We never exceed the agreed-upon cost estimate without your approval. If you prefer, you may or fax us your tentative request and the documentation you would like us to review. We will review those materials free of charge and call to discuss the matter and give you a cost estimate at your convenience. Again, there is no obligation to proceed.

2 Florida Statutes of limitations The following is a listing of Florida statutes of limitation arranged by area of law. Only those statutes that establish a time period are included. Those statutes that establish general rules for the application and interpretation of statutes of limitation have been omitted. The information presented here has been collected from the Florida Statutes and is current through the last effective updates from the Florida Legislature as of July 1, 2010, and is intended for use as a quick reference. The applicability of each will need to be determined on a case-by-case basis through examination of the entire statute, including Florida Statutes Chapter 95. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is offered with the understanding that the publisher is not engaged in rendering legal services. If legal advice is required, the services of a competent attorney should be sought. (From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.) Area of Law Limitations Period Statute ABANDONED OR UNCLAIMED PROPERTY Real or personal property Action by Department of Financial Services as to duty of holder ABATEMENT OF ACTIONS OR PROCEEDINGS Judgments Death of person served by publication; final decree binding against persons claiming under deceased ABUSE Of children, elderly, handicapped, spouse Intentional torts, including assault, battery, false imprisonment, other Prosecution for criminal offense, generally [See CRIMES] ACCOUNTS 10 years (after duty arose) (2) 1 year (after date of judgment) years (NOTE: except for intentional torts based on abuse, as defined in (child abuse), (abuse of vulnerable adult), (child abuse), or incest, as defined in , which may be commenced within 7 years after age of majority, within 4 years after injured party leaves dependency of abuser, or within 4 years from time of discovery by injured party of both the injury and the causal relationship between the injury and the abuse, whichever occurs later (see 95.11(7)) 95.11(3)(o), (7) Store accounts 4 years 95.11(3)(k) ADVERSE POSSESSION [See REAL PROPERTY] 2011 National Legal Research Group, Inc. 1

3 AGRICULTURAL PRODUCTS Breach of bond or certificate of deposit, dealers ARBITRATION Arbitration and award, mediation, breach of confidentiality ARCHITECTS AND ENGINEERS Design or planning of improvement to real property ARMED FORCES MEMBERS Personal Injury Actions Phenoxy herbicide exposure 6 months (from date of sale or date on which product to be sold was received by dealer) (NOTE: transactions involved must total at least $500 and occur in a single license year) 2 years (after date on which party had reasonable opportunity to discover the breach, and in no case more than 4 years after date of breach) 4 years (from date of actual possession by owner, date of issuance of certificate of occupancy, date of abandonment if construction not completed, or date of completion or termination of contract, whichever is latest, EXCEPT where action involves latent defect, then time runs from time defect is discovered or should have been discovered with exercise of due diligence; in any event no later than 10 years after date of actual possession, issuance of certificate of occupancy, abandonment of construction, or completion or termination of contract, whichever is latest) 2 years (from date cause of action is or should have been discovered with due diligence) (1)(a) (2) 95.11(3)(c) 95.11(4)(f) ARREST AND DETENTION False arrest 4 years 95.11(3)(o) False imprisonment 4 years 95.11(3)(o) ASBESTOS Damages Personal injury (other than death) 4 years (from date cause of action is or should have been discovered with due diligence) 95.11(3)(a), (e), (o) Wrongful death ASSAULT [See CRIMES] ASSESSMENTS Drains and drainage, claims contesting assessment 2 years (from date cause of action is or should have been discovered with due diligence) 6 months (from the final board hearing complaints against assessments) 95.11(4)(d) National Legal Research Group, Inc. 2

4 ASSISTED LIVING FACILITIES Residents, actions for damages BANKING AND FINANCE Bank deposits and collections Claim against bank for unauthorized signature or alteration on instrument for the payment of money On the face of the instrument On the back of the instrument Statement of accounts, conclusiveness BATTERY [See CRIMES] BIRTH-RELATED INJURY Claim for birth-related neurological injury, no-fault compensation See MEDICAL MALPRACTICE BOND ELECTIONS [See ELECTION CONTESTS] BONDS Housing finance authorities Validation contests 2 years (from time incident occurred or is discovered or should have been discovered with exercise of due diligence; no later than 4 years from date of incidence or occurrence from which cause of action accrued) (NOTE: where fraudulent concealment or intentional misrepresentation prevents discovery of injury, limitations period extended forward 2 years from time injury is discovered with due diligence, but not more than 6 years from date incident occurred, (2)) refers to ch. 95 for commencement of actions under ch days (from the time statement and instruments are made available to the customer) 1 year (from the time statement and instruments are made available to the customer) 2 years (from date statement of account rendered) 5 years (after the birth of the injured infant) 30 days (after notification in newspaper of general circulation in area to which issuance of bond pertains) (1) , (6) (6) (1) Officers and fiduciaries Public building construction [See CONTRACTORS] Payment bonds, private work [See CONTRACTORS] CAMPAIGN FINANCING Actions as to elections 2 years (from date of violation) National Legal Research Group, Inc. 3

5 CHILDREN AND MINORS Minority tolling limitations period limitations period tolled for minor where no parent, guardian, or guardian ad litem has interest adverse to minor or is adjudicated incapacitated to sue (except as to medical malpractice) (1)(h) CIVIL RIGHTS Administrative complaint for violation within 365 days of violation (1) Civil action after determination of reasonable cause by commission 1 year after determination (5) CLAIMS AGAINST STATE Action against State 4 years after cause of action accrued (1) COASTAL PROTECTION Coastal Protection Trust Fund Claims for damages from discharge of pollutant (excluding natural resource damages) Claims for reimbursement of cleanup costs within 180 days after date of discharge (4) within 180 days of completion of claimant's assistance with cleanup (tolled during pendency of claim against party responsible for spill or discharge) Site rehabilitation agreements applications submitted no later than 120 days after discovery of new discharge or spill COMMERCIAL CODE Action to enforce rights under U.C.C. Letters of Credit (Ch. 675) COMPENSATION AND SALARIES Action to recover or involving compensation, overtime, and salaries COMPUTERS Action based on year 2000 computer failures CONDOMINIUMS Action to determine whether declaration or other condominium document complies with mandatory requirements for formation of condominium Action to void an amendment dependent on mortgagee consent Publication of false and misleading information Termination of condominium (3)(a) (5)(a) 1 year 95.11(5)(c) 2 years 95.11(4)(c) REPEALED EFFECTIVE JUNE 29, 2010 [ ] period begins to run when unit owners have elected a majority of members of board of administrators 3 years (10) 5 years (11)(e) 1 year after certain enumerated events; in no case longer than 5 years after closing of transaction 90 days (after date termination plan is recorded) (1)(a) (d) (16) 2011 National Legal Research Group, Inc. 4

6 CONFINEMENT Area of Law Limitations Period Statute Action by or on behalf of prisoner other than challenge to disciplinary proceedings CONSERVATORS AND CONSERVATORSHIP 1 year 95.11(5)(g) Actions against 1 year (from date of discharge) (4) CONSTRUCTION Action as to design or planning of improvement to real property Equitable lien; furnishing labor, services, or material for improvement of real property 4 years (from date of actual possession by owner, date of issuance of certificate of occupancy, date of abandonment if construction not completed, or date of completion or termination of contract, whichever is latest, EXCEPT where action involves latent defect: then time runs from time defect is discovered or should have been discovered with exercise of due diligence; in any event no later than 10 years after date of actual possession, issuance of certificate of occupancy, abandonment of construction, or completion or termination of contract, whichever is latest) 95.11(3)(c) Enforcement 1 year 95.11(5)(b) Notice and opportunity to repair defect, notice of claim CONSUMER COLLECTION PRACTICES CONTRACTORS [See also CONSTRUCTION] Bonds Claimant not in privity with contractor (except laborers) Payment bonds, enforcement (where principal is contractor, subcontractor, or sub-subcontractor for private or public work (255.05(10) and (1)(e)) generally, at least 60 days prior to filing any action (or at least 120 days prior to filing an action involving an association of more than 20 parcels) (NOTE: claimant should endeavor to file notice of claim within 15 days of discovering defect, but failure to do so does not bar filing of action) PREEMPTED BY FEDERAL BANKRUPTCY LAWS 1 year after performance of labor or completion of delivery of materials or supplies (NOTE: specific notice provisions must be followed (see (2) et seq.)) 1 year from last date labor, services, or materials furnished or date last furnished by contractor if contractor principal on bond on same project, whichever is later (1) [559.77] (10) 95.11(5)(e) Surety Bonds, public building contracts 1 year National Legal Research Group, Inc. 5

7 CONTRACTS Area of Law Limitations Period Statute Actions on written instrument (except payment bond) Actions not founded on written instrument, including sale or delivery of goods, wares, merchandise and on store accounts 5 years 95.11(2)(b) 4 years 95.11(3)(k) Actions for rescission 4 years 95.11(3)(l) Actions for specific performance 1 year 95.11(5)(a) EXCEPTION CONTRIBUTION Tortfeasors, enforcement of judgments CONVERSION Actions to recover specific personal property or damages CORPORATIONS Claims upon judicial dissolution CORRECTIONAL INSTITUTIONS [See also WRITS] Challenges to disciplinary proceedings brought by disciplined prisoner COUNTY WATER AND SEWER DISTRICTS Validity of bonds COURTS part payment of principal or interest of any obligation founded on a written instrument tolls the limitations period 1 year (after judgment becomes final by lapse of time for appeal or review if judgment for injury or wrongful death against tortfeasor seeking contribution) (NOTE: where no judgment, tortfeasor s right of contribution is barred unless the common liability has been paid or agreed to be paid and action for contribution commenced within 1 year after payment or agreement to pay ) (1)(f) (4)(c) (4)(d) 4 years 95.11(3)(i) 4 months (from date of order requiring claims to be filed) 30 days (after final disposition of prisoner disciplinary proceedings) (NOTE: must be filed through administrative grievance process under Fla. Stat. ch. 33) 20 days (from first publication of notice of issuance) (3) 95.11(8) Action on judgments or decrees By court of record in this state 20 years 95.11(1) By foreign court or court in this state not of record 5 years 95.11(2)(a) 2011 National Legal Research Group, Inc. 6

8 CRIMES Capital felony, life felony, or felony resulting in death Compensation claims Criminal practices, civil remedies Felony resulting in injury to persons and arising from use of "destructive device" Felony violation of ch. 517 (Securities Transactions) or (Medicaid provider fraud) Felony violation of (abuse or neglect of elderly or disabled adult) or (lewd or lascivious on or in presence of elderly or disabled person) Felony violation of (fraud, coercion, or wrongful workers' compensation practices or claims) or (false or fraudulent insurance claims) Intentional torts, including assault, battery, false imprisonment, other Death from acts set forth in or Sexual battery, victim under age 16 no limitation (1) 1 year (after occurrence of crime, death of victim or intervenor) 5 years after violative conduct terminates or cause of action accrues (NOTE: civil or criminal action by State or U.S. for criminal practice tolls the limitations period during its pendency and for 2 years after its termination) (2) years (7) 5 years (after commission) (8) 5 years (after commission) (10) 5 years (after commission) (11) 4 years EXCEPT for intentional torts based on abuse as defined in 39.01, , , or incest as defined in , which may be commenced within 7 years after age of majority, within 4 years after injured party leaves dependency of abuser, or within 4 years from time of discovery by injured party of both the injury and the causal relationship between the injury and the abuse, whichever occurs later 95.11(3)(o) see 95.11(7) no limitation 95.11(10) no limitation (NOTE: does not apply to actions time-barred on or before July 1, 2010) 95.11(9) Misdemeanors First-degree misdemeanor 2 years after commission (2)(c) Any other misdemeanor 1 year after commission (2)(d) Noncriminal violations 1 year after commission (2)(d) 2011 National Legal Research Group, Inc. 7

9 CRIMES (Continued) Other felonies First-degree felony 4 years after commission (2)(a) Any other felony 3 years after commission (2)(b) Perjury in an official proceeding relating to a capital felony case no limitation (6) Theft, robbery and related crimes; dealing in stolen property; civil remedies CRIMES GENERAL EXCEPTIONS Extension of time Tolling of period 5 years (after commission) (NOTE: period of limitation does not run during any time when defendant is continually absent from state or without a reasonably ascertainable place of abode or work within the state, but in no case shall this extend the limitation period by more than 1 year; any criminal or civil action brought in response to violations of or shall suspend the limitations period prescribed by this section during its pendency and for 2 years following its termination) period extended 3 months from time of dismissal or setting aside of any indictment or information filed within limitations period that is dismissed or set aside for defect in content or form after limitations period lapses limitations period does not run during any period when defendant is continuously absent from state and has no reasonably ascertainable place of abode or work within the state, but shall in no case extend the applicable period more than 3 years unless defendant has been timely charged by indictment or information or other charging document and has not been arrested due to his/her absence or extradited for prosecution from another state (10) (4)(c) (5) 2011 National Legal Research Group, Inc. 8

10 CRIMES (Continued) CRIMES SPECIFIC EXCEPTIONS DNA testing: sexual battery; lewd or lascivious between July 1, 2004 and June 30, 2006 DNA testing: sexual battery; lewd or lascivious; aggravated battery or other felony battery; false imprisonment; burglary; robbery; carjacking; aggravated child abuse on or after July 1, 2006 Fraud or breach of fiduciary duty for violations of ch. 794 (sexual battery) and or (lewd or lascivious) not otherwise barred from prosecution between July 1, 2004 and June 30, 2006 and in addition to other time periods listed in , prosecution may be commenced within 1 year after date on which identity of accused is established or should have been established with due diligence through analysis of DNA, if sufficient portion of evidence collected at time of original investigation and tested is preserved and available for testing by the accused (NOTE: time starts to run the day after the offense is committed unless otherwise indicated (3); for more specific criminal offenses and applicable limitations, see that section) for violations of Ch. 794 (sexual battery), , , or (5) (lewd or lascivious), Ch. 784 (aggravated battery or any felony battery), (kidnapping) or (false imprisonment), (burglary), , , or (robbery), (carjacking), or (aggravated child abuse), not otherwise barred from prosecution on or after July 1, 2006, and in addition to other time periods listed in , prosecution may be commenced at any time after date on which identity of accused is established or should have been established with due diligence through analysis of DNA, if sufficient portion of evidence collected at time of original investigation and tested is preserved and available for testing by the accused (NOTE: time starts to run the day after the offense is committed unless otherwise indicated (3); for more specific criminal offenses and applicable limitations, see that section) any offense with a material element of fraud or breach of fiduciary duty can be commenced despite lapse of period within 1 year after discovery by aggrieved party or legal representative, but in no case more than 3 years (15)(a), (b) (16)(a), (b) (12)(a) 2011 National Legal Research Group, Inc. 9

11 CRIMES (Continued) CRIMES SPECIFIC EXCEPTIONS (CONTINUED) Misconduct in office by public officer or employee Victim under age of 18 Victim 18 years of age or older DEATH any offense based on misconduct in office by public officer or employee at any time when defendant is in public office or employment or within 2 yrs from date he/ she leaves public office or employment, or during any time permitted by any other part of this statute, whichever is greater where victim under age of 18 and defendant violated (sexual battery), (lewd or lascivious), (incest), or (5) (computer pornography), any applicable period of limitation does not begin to run until the victim reaches 18 or the violation is reported to a governmental agency, whichever is earlier (NOTE: no limitation for certain enumerated offenses) where victim is 18 years old or older at time of offense of and offense is reported to law enforcement agency within 72 hours after commission of offense, no limitation (NOTE: if not reported within 72 hours, prosecution is limited by periods listed in (2)) (12)(b) (13)(a), (b) (14) Action for wrongful death 2 years 95.11(4)(d) DEBTOR-CREDITOR Consumer collection practices DECEPTIVE TRADE PRACTICES Deceptive and unfair trade practices (FDUPTA) DECREES AND JUDGMENTS Actions on judgment or decree of court of record in this State Actions on judgment or decree of court not of record in this State, any court of the U.S., another State or territory in the U.S., or a foreign country Decree pro confesso or default; after death of defendant PREEMPTED BY FEDERAL BANKRUPTCY LAWS 4 years after occurrence or 2 years after last payment, whichever is later [559.77] (5) 20 years 95.11(1) 5 years 95.11(2)(a) 1 year after date of final decree where defendant died after entry of decree but before final decree Liens on real or personal property 20 years (after date of entry expires) National Legal Research Group, Inc. 10

12 DEEDS AND CONVEYANCES Deed or will of record, claim to land DEFAULT JUDGMENTS [See DECREES AND JUDGMENTS] DELIVERY AND SALE Merchandise or goods DISCRIMINATION Fair Housing; complaint to Florida Commission on Human Relations 5 years (after recording of deed or probate of will conveying real property) (NOTE: after 20 years, no claims allowed against claimants under deed or will or their successors in title) 4 years (NOTE: includes actions on store accounts and other legal or equitable actions not founded on a written instrument) 1 year (after occurrence of alleged discriminatory practice) (1) (2) 95.11(3)(k) (2) Civil actions (NOTE: within 180 days from filing complaint, if no compliance by offender, complainant can seek enforcement through civil or administrative channels) 2 years (after occurrence of alleged discriminatory practice) (NOTE: court shall continue civil case brought hereunder prior to trial where conciliatory efforts of Commission or local agency appear likely to result in settlement) (4) (1) Personal; complaint to Commission within 365 days of violation (1) Civil actions 1 year (after date of determination of reasonable cause by Commission); 2 years (after occurrence) (5) ELECTIONS Campaign Financing, Violations 2 years (from date of violation) Contests Bond Issue 60 days (after declaration of results of referendum) Change County Seat 3 years from time of election (NOTE: must be brought by 5 or more taxpayers, qualified electors who voted in the election, by proceeding in chancery for injunction or by mandamus to compel removal of county offices and records) National Legal Research Group, Inc. 11

13 ELECTRONIC COMMUNICATIONS Confidential information, violation Electronic eavesdropping Illegal interception Electronic mail Action for damages Identity theft (Fraudulent Use or Possession of Identifying Information) EQUITABLE LIEN Furnishing labor, services, or material for improvement of real property ESCHEAT Property escheated to State ESTATE AND INHERITANCE TAXES Challenging assessments, interest, penalties, or denial Collection of estate taxes Discharge of Estate 2 years (after date violation was or should have been discovered with reasonable opportunity) 2 years (after date violation was or should have been discovered with reasonable opportunity) 4 years (following date of any activity prohibited by ) (5) (3) (5) 3 years (after violation occurred) (8) 1 year 95.11(5)(b) 5 years (from date escheated property received by CFO) within 60 days from date assessment or denial becomes final within 4 years from date return was filed OR within 90 days after last day for assessment of deficiency under Internal Revenue laws, whichever is later (NOTE: in the event of false or fraudulent returns or failure to file a return, no time limit on assessment or suit) 10 years (after date of filing estate tax return unless there exists a recorded notice lien) Liens 15 years (additional 5 years after initial 10 for discharge or until payment is made, but no longer than 20 yrs from decedent's death regardless of residency Refunds for overpayment EXTRAORDINARY WRIT Petition on behalf of prisoner for other than challenging criminal conviction 4 years (from date of payment to be refunded, unless filed written notice of any administrative or judicial determination of federal estate tax liability, whichever is later, no more than 60 days after determination becomes final) (1) (2)(a) (1) (1), (2) (2) 1 year 95.11(5)(f) 2011 National Legal Research Group, Inc. 12

14 FAIR HOUSING Civil actions Complaints to Florida Commission on Human Relations 2 years (after occurrence of alleged discriminatory practice) (NOTE: court shall continue civil case brought hereunder prior to trial where conciliatory efforts of commission or local agency appear likely to result in settlement) 1 year (after occurrence of alleged discriminatory practice) (1) (2) FORCIBLE ENTRY AND UNLAWFUL DETAINER (NOTE: within 180 days from filing complaint, if no compliance by offender, complainant can seek enforcement through civil or administrative channels) (4) Action for unlawful and forcible entry 3 years (after entry) Action for unlawful detention FORECLOSURE 3 years (NOTE: inapplicable to residential tenancies) 82.04(1) Mortgages 5 years 95.11(2)(c) FORESTS AND FORESTRY Forest fires Liens, forestry work, prevention agreements 12 months (from filing notice of lien) FORFEITURES Action for statutory penalty or forfeiture 4 years 95.11(3)(n) FRAUD Legal or equitable action 4 years 95.11(3)(j) Action as to any matter within jurisdiction of Department of State Fraudulent conveyances, actions Under (1)(a) Under (1)(b) or (1) Under (2) (NOTE: must begin within 12 years of the commission of the alleged fraud regardless of when it was or should have been discovered) (2)(a) 5 years (from date act was committed) years (after transfer made or obligation incurred) OR, if later, within 1 year (after transfer or obligation was or could have reasonably been discovered) 4 years (after transfer made or obligation incurred) 1 year (after transfer made or obligation incurred) (1) (2) (3) 2011 National Legal Research Group, Inc. 13

15 GOODS Sale and delivery (including actions on store accounts and other legal or equitable actions not founded on written instruments) GOVERNMENTAL AUTHORITIES Action for money paid to any governmental authority by mistake or inadvertence GUARANTY ASSOCIATIONS Insurance, actions against GUARDIAN AND WARD Capacity, restoration Objections 4 years 95.11(3)(k) 4 years 95.11(3)(m) 1 year (from date of deadline from filing claims in order of liquidation) 20 days (after service of notice of restoration) 95.11(5)(d) (2)(d) Discharge of guardian Suit against guardian or surety 3 years (after date of discharge order) Survival of suit after incapacity 1 year (from date of order appointing guardian OR as otherwise allowed by law, whichever is longer) Unclaimed funds deposited in Atate treasury HEALTH-CARE PROVIDERS (NOTE: ward must be declared incapacitated before the expiration of the initial limitations period; where adjudication of incapacity is before cause of action accrues, limitations period tolled but suit must be begun within 7 years after the cause of action accrues) (1)(d) 5 years (from date of deposit) (2)(c) Medical malpractice 2 years (NOTE: in no event more than 4 years from date of incident or occurrence out of which cause of action accrued except in case brought on behalf of minor on or before minor s 8th birthday; where fraud, concealment, or intentional misrepresentation of fact prevented discovery of injury with due diligence, limitations period extended 2 years from time injury is or should have been discovered with due diligence but in no event shall extend beyond 7 years from the date of the incident except where brought on behalf of a minor on or before minor s 8th birthday) 95.11(4)(b) 2011 National Legal Research Group, Inc. 14

16 HEALTH INSURANCE Actions on loss Area of Law Limitations Period Statute HOMEOWNERS ASSOCIATIONS Fraud Liens and encumbrances Enforcement HOUSING FINANCE AUTHORITY Bonds, actions to contest validity cannot be filed within 60 days after written proof of loss 1 year (after closing, issuance of certificate of occupancy or other evidence of sufficient completion, completion of common areas and recreational facilities the developer is obligated to complete under contract or rule of law); in no event more than 5 years after closing 90 days (after filing of notice of contest of lien) 30 days (after notification in newspaper of general circulation of resolution authorizing issuance of bond) (1)(a) (d) (1)(b) IDENTITY THEFT Internet; civil action 3 years (after violation occurs) (8) IMPRISONMENT False Imprisonment 4 years 95.11(3)(o) IMPROVEMENTS Real Property [See CONSTRUCTION] INCOMPETENCE/INCAPACITY Person entitled to sue, tolling adjudicated incapacity tolls action before cause of action accrues but no longer than 7 years from act, event, or occurrence giving rise to cause of action (d) INHERITANCE AND ESTATE TAXES [See ESTATE TAXES] INSTRUMENTS ENCUMBERING REALTY [See REAL PROPERTY] INSURANCE Action against guaranty association and its insured Action against receiver of insolvent insurer 1 year (from date of deadline for filing claim) 1 year (from date of deadline for filing claim) generally 95.11(5)(d) Claim by Holocaust victim must be filed prior to July 1, (6) Claim for underpaid or overpaid premiums by State officer or employee INTENTIONAL TORTS 2 years (after payment made) (4)(g) Generally 4 years 95.11(3)(o), except as provided in 95.11(4), (5), (7) 2011 National Legal Research Group, Inc. 15

17 INTERFERENCE Malicious Interference 3 years 95.11(3)(o) INTERNET Identity Theft [See IDENTITY THEFT] INTESTATE SUCCESSION Claims after escheat 10 years (after escheat to State and sale proceeds paid to CFO) (3) LABOR AND EMPLOYMENT Retaliatory personnel actions LANDLORD AND TENANT Actions founded on rent or service to real property [See REAL PROPERTY] LARCENY Civil or criminal action LAW ENFORCEMENT Officers (including correctional officers) Disciplinary Action LETTERS OF CREDIT Actions to enforce rights under U.C.C. (Fla. Stat. ch. 675) LIBEL AND SLANDER [See SLANDER AND LIBEL] LIENS AND ENCUMBRANCES Action to enforce equitable lien, furnishing labor, services, or material for improvement of real property Judgment lien acquired under Lien securing payment of child support or tax obligations under (1)(b) Lien securing payment of unemployment tax obligations LIKENESS OF PERSONS Commercial use without authority 2 years after discovery of retaliatory personnel action OR 4 years after retaliatory personnel action was taken, whichever occurs earlier 5 years (after cause of action accrues) (NOTE: pendency of one action suspends limitations period during such pendency and for 2 years after actionís termination) 180 days (after agency receives notice of allegation) (1) (10) (6)(a) 1 year 95.11(5)(c) 1 year 95.11(5)(b) lapses 5 years after date of filing lien certificate (NOTE: judgment lien continues as to itemized property for additional 90 days after lapse under (4)) lapses 20 years after date of filing warrant or other legal document establishing lien lapses 10 years after date of original filing of notice of lien no cause of action for publication, etc., of name or likeness of person that occurs 40 years after death of said person (1) (2) (2) (5) 2011 National Legal Research Group, Inc. 16

18 MALICIOUS PROSECUTION Action for damages 4 years 95.11(3)(o) MALPRACTICE Dental malpractice 2 years (NOTE: in no event more than 4 years from date of incident or occurrence out of which cause of action accrued except in case brought on behalf of minor on or before minor s 8th birthday; where fraud, concealment, or intentional misrepresentation of fact prevented discovery of injury with due diligence, limitations period extended 2 years from time injury is or should have been discovered with due diligence, but in no event shall extend beyond 7 years from the date of the incident except where brought on behalf of a minor on or before minor s 8th birthday) 95.11(4)(b) Medical malpractice 2 years (NOTE: in no event more than 4 years from date of incident or occurrence out of which cause of action accrued except in case brought on behalf of minor on or before minor s 8th birthday; where fraud, concealment, or intentional misrepresentation of fact prevented discovery of injury with due diligence, limitations period extended 2 years from time injury is or should have been discovered with due diligence, but in no event shall extend beyond 7 years from the date of the incident except where brought on behalf of a minor on or before minor s 8th birthday) Professional malpractice (other than medical malpractice), action based on contract or tort MARRIAGE Prenuptial agreements, tolling MENTAL DEFICIENCY OR ILLNESS Mentally deficient and mentally ill persons, tolling [See TOLLING] 2 years from time cause of action discovered or should have been discovered upon exercise of due diligence (NOTE: limitations period limited to persons in privity with professional) limitations period tolled as to claims for relief under premarital agreement during period of marriage (NOTE: equitable defenses such as laches and estoppel are available to either party) 95.11(4)(b); see also Ch. 766 for additional requirements specific to medical malpractice suits in Florida 95.11(4)(a) (9) National Legal Research Group, Inc. 17

19 MERCHANDISE Sale and delivery MINIMUM WAGE Area of Law Limitations Period Statute 4 years (NOTE: includes actions on store accounts and other legal or equitable actions not founded on a written instrument) 95.11(3)(k) Failure to compensate at minimum wage Willful violation 5 years 95.11(2)(d), (8) Nonwillful violation 4 years 95.11(3)(q), (8) MISCELLANEOUS Any action not specifically provided for 4 years 95.11(3)(p) MONOPOLIES AND UNFAIR TRADE Monopolies and unfair trade 4 years after cause of action accrues if brought under or (NOTE: limitations period for any private right of action under ch. 542 is suspended during pendency of and for 1 year after any civil or criminal proceeding instituted by the Attorney General or a State attorney for any violation of ch. 542, BUT any such suspended action is forever barred if not commenced either within the period of suspension or the limitations period) (2) MOTOR VEHICLES Sales warranties, consumer remedies, action under ch. 681 NEGLIGENCE Action for damages, general (including continuing domestic violence) NEGOTIABLE INSTRUMENTS Legal or equitable action, written instrument within 1 year after (a) expiration of lemon law rights period, OR (b) if consumer resorts to informal dispute-settlement procedure or submits a dispute to division or board, the final action of such procedure, division, or board (2) 4 years 95.11(3)(a), (3) 5 years 95.11(2)(b) 2011 National Legal Research Group, Inc. 18

20 NURSING HOMES Action for damages under ch. 400 Administrative complaints under OBLIGATIONS 2 years from incident or from time incident is or should have been discovered, but in no event shall it be later than 4 years from date of incident or occurrence (NOTE: where fraudulent concealment or intentional misrepresentation of fact prevented discovery of injury, limitations period extended forward 2 years from time injury is discovered upon exercise of due diligence, but in no event more than 6 years from the date of the incident or occurrence (2)) 4 years from incident or from time incident is or should have been discovered (1) Founded on written instrument 5 years 95.11(2)(b) Not founded on written instrument 4 years 95.11(3)(k) OVERTIME Recovery [See WAGES] PATERNITY Actions to determine 4 years from date child reaches majority 95.11(3)(b) PAYMENT BONDS Enforcement [See CONTRACTORS] PENALTIES Statutory penalty or forfeiture 4 years 95.11(3)(n) PERSONAL INJURIES Actions for damages Death from acts set forth in or no limitation 95.11(10) Design, manufacture, distribution, or sale of personal property not permanently incorporated into an improvement to real property, including fixtures Design, planning, or construction of an Improvement to real property 4 years 95.11(3)(e) 4 years from time defect is or should have been discovered with due diligence, but in no event more than 10 years after latest date of actual possession by owner, issuance of certificate of occupancy, or date of completion or termination of contract 95.11(3)(c) Intentional torts [See also ABUSE] 4 years 95.11(3)(o) 2011 National Legal Research Group, Inc. 19

21 PERSONAL INJURIES (Continued) Malpractice [See MALPRACTICE] Negligence, generally [See NEGLIGENCE] Phenoxy herbicide, injury by contact or exposure Sexual battery, victim under age 16 2 years from time cause of action is or should have been discovered with due diligence no limitation (NOTE: does not apply to actions time-barred on or before July 1, 2010) 95.11(4)(f) 95.11(9) Wrongful death 2 years 95.11(4)(d) PERSONAL PROPERTY Action for taking, detaining, or injuring personal property Action to recover specific personal property PERSONNEL Retaliatory personnel actions PEST CONTROL Licensing, violation of regulation of professions and occupations statutes POLLUTION Florida Coastal Protection Trust Fund Claimant suffering damages under Claims for costs or damages, reimbursement of cleanup costs Persons eligible under PRENUPTIAL AGREEMENTS [See MARRIAGE] PROBATE Claims against estates 4 years 95.11(3)(h) 4 years 95.11(3)(i) 2 years after discovering the retaliatory action or 4 years after the retaliatory action was taken, whichever is earlier 3 years after issuance of citation or notice of violation 180 days of polluting discharge (excluding damages to natural resources) 180 days of completion of claimant's assistance with cleanup if full and adequate payment for costs and damages is not paid by the responsible party within 90 days after the claim is presented to such responsible party 3 months after time of first publication of notice to creditors or 30 days after date of service on the creditor, whichever is later, but in no event more than 2 years after death of decedent (1)(a) (1) (4) (3)(a) (1), (1) Claims under will of record 20 years after recording (2) 2011 National Legal Research Group, Inc. 20

22 Probate (Continued) Objections and exceptions To claims To validity of will, venue, or jurisdiction of court, or qualifications of personal representative 4 months from first publication of notice to creditors or 30 days from timely filing or amendment of claim, whichever is later 3 months after date of service of copy of administration on objecting party (2) (3) PRODUCTS LIABILITY Generally 4 years from accrual of cause of action 95.11(3)(a), (e), (p) Accrual of cause of action, exceptions PROFESSIONAL MALPRACTICE Other than medical no cause of action for any injury sustained by use of product with expected useful life of 10 years or less if injury occurred due to exposure to or use of said project more than 12 years after delivery to its first purchaser (see (2)(b)) list of products conclusively presumed to have expected useful life of 10 years or less included; EXCEPTION: if injury caused by exposure or use did not manifest until after expiration of repose period (see (2)(c)) (NOTE: repose period tolled during any period manufacturer had actual knowledge that product was defective in manner alleged by claimant and took affirmative steps to conceal said defect (confidentiality of trade secrets does not constitute concealment) (see (2)(d))) 2 years from time cause of action is or should have been discovered with due diligence (2)(a) PROSECUTION Malicious prosecution 4 years 95.11(3)(o) PUBLIC MONEY OR PROPERTY Action to recover such held by public officer or employee and obtained during or as result of his or her public office or employment 4 years 95.11(3)(d) RACKETEERING (RICO) Civil or criminal proceeding 5 years after violative conduct terminates or cause of action accrues (NOTE: if any criminal or civil proceeding is commenced, limitations period suspended during pendency of such action or proceeding and for 2 years following its termination) (10) 2011 National Legal Research Group, Inc. 21

23 REAL ESTATE BROKERS AND SALES ASSOCIATES Administrative complaints against REAL ESTATE RECOVERY FUND Claims against REAL PROPERTY Action founded upon title (including for rents and services) Action to recover real property or its possession Adverse possession Without color of title Instruments encumbering, termination of lien Final maturity of obligation ascertainable from recorded mortgage Final maturity of obligation not ascertainable from recorded mortgage 5 years after time of act giving rise to complaint or after time act is or should have been discovered with exercise of due diligence 2 years after time of act giving rise to claim or after time act is or should have been discovered with exercise of due diligence; in no event more than 4 years after date of act giving rise to claim claimant must have been possessed of property within 7 years before commencement of the action OR title derived from U.S. or State within 7 years before commencement of the action claimant (or ancestor or grantor) must have been possessed of property within 7 years before commencement of the action 7 years (from date occupied IF possessor made return of property by proper legal description to the property appraiser s office within 1 year of possession and thereafter paid all taxes AND has protected said property by substantial enclosure or has cultivated or improved the property) (5) (1)(c) , (1), (2), 95.18(1), (2) 5 years (after date of maturity) (1)(a) 20 years (after date of mortgage) (NOTE: 5-year limitation period applies if mortgage holder rerecords mortgage and final maturity is ascertainable) Marketable record titles to real property Vested estate in land of record for 30 years or more equals marketable record title free of claims (other than exceptions to marketability in ) Unlawful detainer, action to remedy unlawful entry and forcible entry Possession of real estate by tax deed holder Action to recover possession of property 3 years after entry within 4 years after holder of tax deed has gone into actual possession (1)(b) (1)(b)(1), (2) et seq National Legal Research Group, Inc. 22

24 REAL PROPERTY (Continued) Action by tax deed holder where property adversely possessed RECORDS AND RECORDATION [See DEEDS; REAL PROPERTY] RECREATION DISTRICTS Action for declaratory or injunctive relief from adoption of ordinance granting or amending the charter of recreation district RENTAL-PURCHASE AGREEMENTS Action under Rental-Purchase Agreement Act (ch. 559, pt. X) RESTITUTION, COSTS OF INCARCERATION Political subdivisions; State and local; action for recovery of damages and losses for costs of incarceration RETALIATORY PERSONNEL ACTION Action for relief under Whistleblower Act after retaliatory personnel action against employee SALARIES [See COMPENSATION AND SALARIES] SALE AND DELIVERY [See DELIVERY AND SALE] SECURITIES Action for civil penalties for violation of ch. 517 (Securities Transactions) within 4 years after date of deed , no later than the earlier of 1 year from date of adoption of ordinance OR the date of judicial validation of the first bonds of said district 5 years after occurrence of alleged violation 5 years after convicted offender's release from incarceration or supervision, whichever occurs later 2 years after discovery of alleged retaliatory personnel action OR 4 years after the personnel action was taken, whichever is earlier within 6 years of discovery of violation (or date should have been discovered with due diligence), but not more than 8 years after date of occurrence of violation of ch. 517 Action to recover damages 5 years if based on written document; 4 years otherwise SEXUAL BATTERY (3) (1)(a) (7) 95.11(2)(b), (3)(p) Civil action for damages Victim over age 16 within 4 years 95.11(3)(o) Victim under age 16 at any time (applicable to any such action other than one which would have been time-barred on or before July 1, 2010) 95.11(9) 2011 National Legal Research Group, Inc. 23

25 SHIPS AND SHIPPING Coastal Protection Trust Fund Claim for damages from discharge of pollutant (excluding natural resource damages) Claim for reimbursement of cleanup costs within 180 days after date of discharge (4) within 180 days of completion of claimant's assistance with cleanup (tolled during pendency of claim against party responsible for spill or discharge) (3)(a) SLANDER AND LIBEL Actions or claims for damages 2 years 95.11(4)(g) after correction, apology, or retraction by newspaper or broadcast station plaintiff recovers actual damages only if publication made in good faith, falsity based on honest and reasonable mistake, and full and fair correction, apology, or retraction was made after service of notice of error within time prescribed: (1) 10 days for broadcast or daily or weekly publication 20 days for semimonthly newspaper or periodical (2)(a) (2)(b) 45 days for monthly (or less frequently published) newspaper or periodical (2)(c), (d) STATE Claims against State 4 years (1) False claims against State; actions to recover Claims for repayment of funds erroneously paid into State Treasury Collection of taxes STATE WARRANTS Cancellation of warrants issued by CFO or comptroller against any fund in State Treasury but not presented for payment 6 years from date of violation of OR 3 years after material facts are known or reasonably should have been known, but no more than 10 years after commission of violation, whichever occurs last (1), (2) 3 years after right to repayment accrues (2) 5 years from assessment or delinquency of tax (except for taxes enumerated in or tax liens imposed under ) 20 years from assessment or delinquency or filing of tax warrant, whichever is later, for taxes enumerated in or tax liens imposed under year after last day of month of original issuance (1)(a), (2) (1)(b) 17.26(1) 2011 National Legal Research Group, Inc. 24

26 STATUTORY LIABILITIES Generally 4 years 95.11(3)(f) STOLEN PROPERTY [See CRIMES] TAX Assessments Taxpayer contesting legality of assessment or denial of refund Certificates, expiration Collection, generally 60 days after date assessment or denial becomes final 7 years from date of issuance (unless outstanding July 1, 1973, in which event certificate has life of 20 years from issuance) (NOTE: inapplicable to tax certificates sold under the Murphy Act of 1937) 5 years after date tax is assessed or becomes delinquent, whichever is later (does not apply to taxes where certificates have been sold) (2)(a) (1) (1)(a), (2) Liens, expiration [See STATE, Collection of Taxes] Personal property taxation Contest (NOTE: except for taxes levied under ch. 198 and some tax adjustments, taxes, penalties, or interest due under any enumerated tax can be assessed anywhere from immediately to up to 6 years after an erroneous or false tax return is filed, depending on various factors) within 60 days after date assessment being contested is certified for collection under (2) or becomes final under (1) OR see (3)(a) (2) Refund, excessive Warrants, delinquent tangible personal property taxes, expiration Refunds, Department of Revenue within 60 days after date value adjustment board renders decision regarding such assessment no penalties or interest if taxpayer reimburses department for any overpayment of refund within 60 days after taxpayer is notified overpayment was made (2)(a) (7)(c) 7 years within 4 years of January 1 of tax year for which taxes were paid (1)(b)1., (1)(c)(k) 2011 National Legal Research Group, Inc. 25

27 TERRITORIES Cause of action arising in another state or territory of U.S., or foreign country TORTS [See NEGLIGENCE; PERSONAL INJURIES] TRANSPORTATION DEPARTMENT Actions for breach (legal or equitable) in acquisition, disposal or use of property TRESPASS If action is time-barred according to its laws, no action lies in this State within 820 days of final acceptance of work (NOTE: applies to contracts entered into after June 30, 1993) (2) Generally, trespass on real property 4 years 95.11(3)(g) TRUSTS AND TRUSTEES Actions for breach of trust, matter adequately disclosed 6 months (unless already otherwise barred) (2), (1), (2) Otherwise (determined by cause of action) 95.11, 95.12, UNEMPLOYMENT COMPENSATION Liens and encumbrances judgment lien acquired under lien securing payment of unemployment tax obligations UNFAIR TRADE PRACTICES Action by enforcing authority WAGES Action to recover wages, overtime, damages, or penalties re payment of wages and overtime Action for unpaid wages based on wage rate discrimination based on sex WATER POLLUTION Cleanup and abatement, reimbursement of funds lapses 5 years after date of filing judgment lien certificate (NOTE: additional 90 days for itemized property under specified conditions) lapses 10 years after date of original filing of notice of lien 4 years after occurrence of violation or 2 years after last payment in violative transaction, whichever is later (1), (4) (2) (5) 2 years 95.11(4)(c) 6 months after termination of employment (NOTE: damages limited to amount equal to unpaid wages while so employed for 1 year prior to filing of claim) 4 years (NOTE: limitations period begins to run on last date on which any cleanup and abatement sums were expended, not on date that discharge occurred) (3) 95.11(3)(a)(p), (7) 2011 National Legal Research Group, Inc. 26