Florida Criminal Statute of Limitations Laws

Prosecutors have time limits -- called statutes of limitations -- for filing criminal charges against a suspect. These time limits vary by the severity of the crime, and there are no limits for certain violent crimes such as capital murder or kidnapping.

States also haveÂ civil statutes of limitations, which similarly limit the time for filing a civil suit. These time limits ensure that evidence is preserved, justice is carried out efficiently, and that (in most cases) you have the threat of criminal charges hanging over your head indefinitely.

Florida'sÂ criminal statute of limitationsÂ sets restrictions for how long a prosecutor may wait to file formal criminal charges against you. The exact crimes alleged determine the statute of limitations applicable in a particular case. For example, there is no time limit to bring charges for serious crimes such as murder or a felony that results in death. Misdemeanors and lesser felonies, however, have statutes of limitations between one and five years. The following chart provides basic information about the Florida criminal statute of limitations.

See theÂ Florida Criminal LawsÂ section for more information.

Florida Criminal Statute of Limitations at a Glance

State Topic Definition Code Sections Felonies Misdemeanors Crimes in Which a Child Is a Victim Acts During Which Statute Does Not Run Other

Florida

Criminal statute of limitations

A statute of limitations tells you the time frame when the prosecution must bring a charge for a crime.

FloridaÂ StatutesÂ section 775.15

Â There is no time limit for the following crimes:

Felony crimes that result in death
Capital (death penalty) felonies
Felonies punishable by life in prison
Lying under oath during a capital felony case
Sexual battery, when the victim is under 18 and crime was committed on or after July 1, 2020
Human trafficking

Generally, cases for otherÂ first-degree feloniesÂ must be started within 4 years and cases forÂ second-degree feloniesÂ must be started within 3 years. But there are some exceptions:

For a felony involving the use of aÂ destructive device, resulting in injury to a person, the time limit is 10 years.
For a charge of first- or second-degree felonyÂ abuse or neglect of an aged or disabled adult, the time limit is 5 years.
For a violation of aÂ securities transaction, forÂ Medicaid provider fraud, or forÂ insurance fraud, the time limit is 5 years.
For a felony violation ofÂ Chapter 403Â onÂ environmental control, the time limit is 5 years from when the violation is discovered.

Cases for first-degree misdemeanors must be brought within 2 years.
Cases for second-degree misdemeanors must be brought within 1 year.

There isÂ no time limitÂ on cases forÂ sexual batteryÂ when the victim is a minor and crime was committed on or after July 1, 2020

The statute of limitations does not run when you are continually absent from the state or have no identifiable place of work or home in the state. This exception cannot extend the time limit for more than 3 years.

If the time limit has expired for any offense involving fraud or breach of fiduciary obligation, a case can be brought within 1 year of the discovery of the crime. The original time limit cannot be extended for more than 3 years.
For crimes involving misconduct in public office, a case can be brought within 2 years of the person leaving office or any above limit, whichever is greater.
If there is DNA evidence for some sex crimes, a case can be brought within 1 year of the discovery of this evidence, regardless of other applicable time limits.

Note:Â State laws are constantly changing -- please contact a Florida criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.

Legal Research

Florida Law
Official State Codes
FindLaw's Criminal Law Center

Learn More About Florida Criminal Statute of Limitations Laws from a Lawyer

There are certain time limits for when you can be charged with a crime, which depend on the nature of the crime. Whether you've been charged with a crime or believe charges are coming, it's a good idea to consult with aÂ criminal defense attorneyÂ in Florida who can make all the difference in your case.