The Criminal Statute of Limitations in Florida
The statute of limitations (SOL) sets the deadline for commencing a criminal prosecution. Florida’s deadlines depend on the offense and any applicable statutory exceptions.
Florida’s general criminal limitation periods under section 775.15, Florida Statutes, are:
- Capital felonies, life felonies, and felonies resulting in death: No time limit.
- First-degree felonies: Four years.
- Second- and third-degree felonies: Three years.
- First-degree misdemeanors: Two years.
- Second-degree misdemeanors: One year.
These are general rules; offense-specific exceptions apply. Criminal traffic offenses do not share a single deadline. DUI causing serious bodily injury is a third-degree felony, generally subject to a three-year limitation period.
Organized fraud has a separate five-year limitation period under section 817.034(4)(f), Florida Statutes.
New evidence does not automatically restart the limitation period. Certain offenses have special DNA-based exceptions, subject to statutory conditions and applicability dates.
The Statute of Limitations Defense
A criminal defense strategy may include seeking dismissal because the prosecution was commenced too late. Evaluating this defense requires reviewing the applicable deadline, the charging documents, service of process, and any exceptions or tolling provisions.
Under section 775.15(4), if the defendant has already been arrested or served with a summons on the charge, prosecution commences when the indictment, information, or other charging document is filed. If neither has occurred, filing an indictment or information commences prosecution only if the resulting capias, summons, or other process is executed without unreasonable delay. Statutory rules govern what constitutes an unreasonable delay.
An arrest alone does not necessarily establish that prosecution commenced within the limitation period.
If you have an outstanding Florida arrest warrant or capias, an attorney can review when charges were filed and what efforts were made to serve the warrant to assess whether a statute of limitations defense applies.
Tolling or Suspension of Statute of Limitations
Under section 775.15(5), the limitation period is paused while the defendant is continuously absent from Florida or has no reasonably ascertainable residence or workplace within the state. This provision generally permits an extension of up to three years. Returning to Florida does not start a new, full limitation period.
The three-year cap does not necessarily bar prosecution when charging documents were timely filed and the defendant remained unarrested because of absence from Florida or was not extradited from another state. Tolling and timely commencement must be evaluated separately.
Some offenses have different tolling rules. For organized fraud, section 817.034(4)(f) limits the extension for continuous absence or lack of an ascertainable Florida residence or workplace to one year.
A victim’s being under 18 does not automatically pause every criminal limitation period. For certain specified sexual offenses, any applicable period begins when the victim turns 18 or when the offense is reported to law enforcement or another governmental agency, whichever occurs first. Other specified offenses have no limitation period. The rule that applies depends on the offense and relevant dates; there is no general seven-year deadline after the victim turns 18.
An experienced criminal defense attorney can review the dates, charging documents, and any tolling rules to determine whether the prosecution was timely commenced or whether grounds exist to seek dismissal.
Contact an Experienced Criminal Defense Attorney
If you are facing criminal charges in Florida, an experienced criminal defense attorney can assess whether the statute of limitations provides a defense in your case. Contact us to schedule a consultation.
