Florida Criminal Statute of Limitations

Criminal Case Statute of Limitations in Florida for Felonies & Misdemeanors.

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.

Fla. Stat 775.15

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

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