Below are the statutes of limitation for criminal cases in Florida which set forth the time periods within which a legal proceeding must be commenced. If the state fails to bring a case within the specified time period, it loses its right to prosecute that crime forever. In general, violent crimes have a longer statute of limitations, and with some crimes there is no statute of limitations. Florida, like other states, has special provisions for cases where DNA evidence is used. In certain instances, the statute of limitations may be tolled, or suspended, which grants the state additional time to commence a legal action.
775.15 Fla. Stat. Ann
Felonies
Capital felony, life felony, or felony that results in a death: No statute of limitations
1st degree felony: 4 years
Any other felony: 3 years
Misdemeanors
1st degree misdemeanor: 2 years
2nd degree misdemeanor: 1 year
Special Provisions
Any offense involving fraud or a breach of fiduciary obligation: within 1 year after discovery of the offense, up to a maximum additional 3 years
Certain sexual crimes where victim is under 18: statute of limitations begins when victim turns 18 or the violation is reported, whichever occurs earlier.
1st or 2nd degree sexual battery felony reported within 72 hours: no statute of limitations
First degree sexual battery felony where the victim is under 18, and any sexual battery where the victim is under 16: no statute of limitations
Sexual battery and lewd or lascivious offenses: within 1 year after identity of accused is established through DNA evidence
Aggravated battery or any felony battery; kidnapping or false imprisonment; sexual battery; lewd or lascivious offense; burglary offense; robbery offense; carjacking; aggravated child abuse: no statute of limitations if identity of accused is established through DNA evidence
Perjury related to a capital felony: no statute of limitations
Felony that results in injury from weapon or firearm: 10 years
Any offense based on misconduct in office by a public officer or employee: any time while the person is still in public office or employment, or within 2 years from the time person leaves public office or employment, whichever is longer
Felony violations (as specified) related to Medicaid provider fraud; exploitation, abuse, or neglect of an elderly or disabled adult; insurance fraud; environmental control violations; securities violations: 5 years
Tolling Provision
The statute of limitations is tolled for any period when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state, up to a maximum of 3 years
