Florida Criminal Statute of Limitations

Like most states, Florida sets time limits for prosecutors to begin a criminal case against a suspect. These time limits—called statutes of limitations—can put an end to the case even if a defendant is guilty. This article will briefly review how Florida's statutes of limitations work and what they are for several crimes.

What Are Criminal Statutes of Limitations?

Statutes of limitations set time limits for the government to bring criminal charges in a case. If the prosecution charges someone after the applicable time period has passed, the person charged can have the case dismissed.

It's a common misconception that the prosecutor can't file charges once the limitation period expires. But that's not the case. The prosecution can file the charges, and it will be up to the defense to challenge the timing of the charges.

How Long After a Crime Can Charges Be Filed in Florida?

In Florida and most other states, the time limits depend on the offense level or the specific crime. For instance, a prosecutor might have four years to file most felony charges but only one year to file misdemeanor charges.

Violent crimes generally have longer statutes of limitations, and some crimes (like murder or child rape) may have no statute of limitations—meaning a criminal case can be filed at any time. In certain instances, statutes of limitations are “tolled” (suspended), allowing the government more time to bring a case. (More on "tolling" below.)

Common time limits for filing criminal charges in Florida are:

• 1 to 2 years: most misdemeanors
• 3 to 4 years: felonies unless otherwise specified
• 5 years: many felony theft and fraud offenses
• 7 to 8 years: specified sexual battery and harassment crimes
• No time limit: murder, manslaughter, child sex crimes

Let's say a person commits felony-level theft (5-year limitation period) on January 1, 2025. The state would have until January 1, 2030, to file charges.

What Crimes Have No Statute of Limitations in Florida?

Florida allows prosecutors to file charges at any time for capital felonies, life felonies, felonies resulting in death, and certain felonies specified in the law. Examples of these crimes include:

• murder
• manslaughter
• vehicular homicide
• sexual battery of a victim younger than 16
• aggravated kidnapping of a child younger than 13
• human trafficking, and
• sex trafficking.

Additional crimes with no statute of limitations are identified below. (Some are repeated.)

(Fla. Stat. § 775.15 (2026).)

Statutes of Limitations for Specific Crimes in Florida

Below are examples of time limits for homicides, sex offenses, theft, fraud, and assault crimes in Florida.

Time Limits for Other Felonies, Misdemeanors, and Violations in Florida

Crimes not specifically listed in the statute default to a general statute of limitations based on the category of the crime.

The general time limits for such crimes are:

• 4 years for first-degree felonies
• 3 years for second- and third-degree felonies
• 2 years for first-degree misdemeanors, and
• 1 year for second-degree misdemeanors and violations.

When Does the Statute of Limitations Start in Florida?

Generally, the statute of limitations starts when the crime occurs. But, in circumstances where it’s difficult to discover the crime or a victim might be particularly scared to report it, the law might delay the starting of the time clock or extend the limitations period.

DNA evidence. For instance, Florida law allows certain crimes to be prosecuted at any time if DNA evidence was collected during the original investigation and establishes the accused’s identity. The list of specified crimes includes aggravated or felony battery, kidnapping, false imprisonment, sexual battery, burglary, robbery, and aggravated child abuse.

Sex offenses against minors. For certain sex offenses committed against victims younger than 18, the clock doesn’t start to run until a victim reaches age 18 or the crime is reported, whichever occurs earlier.

Sexual cyberharassment. Florida permits prosecution of sexual cyberharassment within the later of: (1) three years after the victim discovers the offense, or (2) five years after a misdemeanor violation or seven years after a felony violation.

Fraud or fiduciary duties. Florida allows extra time for the prosecutor to file charges for offenses based on fraud or breach of fiduciary duties. Upon discovery of the offense by the injured party or the injured party’s representative, the prosecutor has one year to file charges (so long as the original limitations period is not extended by more than three years). If the victim is an elderly or disabled adult, the prosecutor can file within five years of discovering the fraud or breach.

Misconduct in public office. The law extends a prosecutor’s window to charge crimes relating to misconduct in public office or employment. The prosecutor can charge the offense anytime while the person remains in, or within two years of the person leaving, public office or employment.

Fleeing the state. If a person tries to “evade” (avoid) arrest for a crime, the law gives the prosecutor extra time to file charges. In Florida, the statute of limitations doesn’t run while the defendant is continuously absent from the state or has no known place of residence or work, with a maximum extension of three years.

How to Use the Statute of Limitations as a Defense

The defense must raise the issue with the court. Not raising a statute-of-limitations defense waives it (gives it up).

Typically, the defense attorney will file a motion with the court asking for the charges to be dismissed as untimely—that is, being filed after the expiration of the statute of limitations. The state will need to prove it acted within the applicable time limit if it hopes to save the case. If the court decides the state didn't file the charges within the statute of limitations, it will dismiss the charges.

Can the Statute of Limitations Change?

Lawmakers can and do change limitations periods. For example, they could change the statute of limitations for theft crimes from 5 years to 10 years.

When statutes of limitations change, the question becomes whether the new time period applies to crimes committed before the law changed. The answer depends on a couple of factors and can be complicated. Importantly, a new time limit doesn't apply if the prosecutor had already run out of time to file the charges before the change. In other words, the law can't revive a "dead" case. But, if the charges were still viable, the new time limits in the law may apply (if that's what the legislature intended).

The Florida Legislature has amended (changed) its law on statutes of limitations numerous times. You might want to consult with an attorney if you have questions on a particular issue.

Time to Talk to a Lawyer

Statutes of limitations are confusing, to say the least. The same conduct can be the basis for multiple criminal charges, meaning that more than one limitations period could apply. And because lawmakers can make changes to statutes of limitations, the time limit currently in law might not apply to a past crime. Consult a knowledgeable attorney in your area to understand how the statutes of limitations apply in a specific case.