Florida does not let the State wait forever to bring a charge. For most crimes the law sets a deadline, counted from the date of the offense, by which a prosecution has to begin. When that deadline passes before the case properly starts, the charge can be dismissed before it ever reaches a jury.
This page explains the deadlines by offense level, the precise moment a prosecution counts as begun, the situations that pause the clock, and the offenses that carry longer deadlines or none at all.
What the Statute of Limitations Does
The statute of limitations, section 775.15 of the Florida Statutes, limits how long after a crime the State can begin a prosecution. It is about starting the case, not finishing it. If the deadline expired before the case properly began, the defense raises it by a motion to dismiss, and the charge should be thrown out.
Spotting a limitations problem early, before the State locks in its filing, is the kind of detail that can end a case at the very start, and it is one of the first things I check when I take on a charge. Learn more about my background.
The Deadlines by Offense Level
The basic deadlines in section 775.15 track the seriousness of the charge.
| Offense level | Time the State has to begin the case |
|---|---|
| Capital felony, life felony, or a felony that resulted in a death | No time limit; the case may begin at any time |
| First-degree felony | Four years |
| Any other felony | Three years |
| First-degree misdemeanor | Two years |
| Second-degree misdemeanor or noncriminal violation | One year |
When the Clock Starts and When a Case ‘Commences’
The clock runs from the date the offense was committed. The harder question is when a prosecution counts as begun. Filing an information or indictment is part of it, but the law also requires that the warrant or summons be carried out without unreasonable delay. A case filed on paper at the last minute, with no real effort to serve it, may not have commenced in time.
When the Clock Is Paused
The deadline does not run during any time a person is continuously absent from Florida or has no reasonably ascertainable home or work in the state. This pause, known as tolling, cannot extend the deadline by more than three years, and it does not help the State when it simply sat on a case it could have filed.
Offenses With Longer Deadlines or None at All
Many offenses carry their own special rules. Crimes built on fraud or a breach of a fiduciary duty can be charged within five years after the fraud is discovered. Certain sexual offenses against children do not start the clock until the victim turns eighteen or reports the crime, and some of the most serious of them carry no deadline at all. Because these exceptions are detailed and change over time, the deadline on a specific charge is worth checking against the current statute rather than assumed.
How the Defense Is Raised
A statute-of-limitations defense is raised by a motion to dismiss, and the State then has to show that it commenced the case in time. The issue can be powerful precisely because it does not depend on what happened during the alleged crime; it depends only on the calendar and the State’s own paperwork.
Common Questions
Is there a time limit to charge me with a crime in Florida?
For most crimes, yes. The State generally has four years for a first-degree felony, three years for other felonies, two years for a first-degree misdemeanor, and one year for a second-degree misdemeanor. Capital and life felonies, and felonies that resulted in a death, have no time limit at all.
Does the statute of limitations mean my trial has to finish by a deadline?
No. The statute of limitations is about when the State must start a case by filing charges, not when a trial has to end. The deadline to be brought to trial is the separate speedy trial rule.
Can the clock be paused?
Yes. The time does not run while a person is continuously absent from Florida or has no reasonably ascertainable home or work in the state. That pause can add up to three years to the deadline.
What if the State files charges just before the deadline but does not serve me?
Filing alone may not be enough. A prosecution generally commences only when the charging document is filed and the warrant or summons is carried out without unreasonable delay, so a late or sluggish service can become an issue.
How is a statute-of-limitations defense raised?
Through a motion to dismiss. If the time ran out before the case properly began, the charge should be dismissed, and the State carries the job of showing it filed in time.
Related: Legal Defenses, Speedy Trial, Criminal Defense, and About Rory Safir.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. The Florida criminal statute of limitations is set by section 775.15, Florida Statutes, and is raised by a motion to dismiss under Florida Rule of Criminal Procedure 3.190. Every case is different, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements.
