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.
In Florida and most other states, violent crimes generally have longer statutes of limitations, and some crimes (like murder or child rape) 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.
Statute of Limitations: Felonies, Misdemeanors, and Violations
Like many states, Florida’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime.
Felonies punishable by death or life in prison have no statute of limitations. A felony that results in a victim’s death also has no limitations period. The general time limits for other crimes are:
- four years for first-degree felonies
- three years for a second- and third-degree felonies
- two years for first-degree misdemeanors, and
- one year for second-degree misdemeanors and violations.
(Fla. Stat. § 775.15 (2020).)
Statute of Limitations: Specific Crimes
Below are examples of time limits for specific crimes in Florida. Keep in mind that the following is a partial list that broadly summarizes the law. You should look at the actual law for nuances and exceptions.
And know that lawmakers can change limitations periods, but any changes they make apply only to crimes not yet time-barred. This means that, if the prosecution already ran out of time to file charges under the old law, any new changes to the law extending time limits don’t apply. The Florida Legislature has amended (or changed) its law on statute of limitations numerous times. You might want to consult with an attorney if you have questions on a particular issue.
Murder, Manslaughter, and Homicide
- Murder or attempted murder: no time limit
- Vehicular homicide: no time limit
- Manslaughter: no time limit
- Sexual battery involving a victim younger than 16: no time limit
- First-degree felony sexual battery involving a victim age 16 or 17: no time limit
- First-degree felony sexual battery involving a victim 18 or older: 8 years
- Second-degree felony sexual battery involving a victim 16 or older: 8 years
- First- or second-degree felony sexual battery reported to law enforcement within 72 hours: no time limit
- Human and sex trafficking: no time limit
- Forced prostitution: 3 years
Theft and Fraud-Related Offenses
- The exploitation of an elderly or disabled adult: 5 years
- Workers’ compensation fraud: 5 years
- Insurance fraud: 5 years
- Securities violations: 5 years
- Medicaid provider fraud: 5 years
- First-degree misdemeanor theft (property value $100 to $749): 2 years
- Felony theft (property value $750 to $100,000): 3 years
Tolling the Statute of Limitations
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.
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).
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.
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.
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