INTRODUCTION
The statutes of limitation for criminal cases in Florida which set forth the time periods within which prosecution must begin. If the state fails to bring a case within the specified time it loses the right to prosecute that crime forever. In some circumstances, a prosecution may be “Tolled” or suspended.
FELONY
Capital felony, life felony, or felony that results in a death: There is no statute of limitations
1st degree felony: 4 years
Any other felony: 3 years
MISDEMEANOR
1st degree misdemeanor: 2 years
2nd degree misdemeanor: 1 year
SPECIAL CIRCUMSTANCES
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
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
No statute of limitations for lying under oath at trial relating to a capital case;
Felony violations related to Medicaid provider fraud; exploitation, abuse, or neglect of an elderly or disabled adult; insurance fraud; environmental control violations; securities violations: 5 years.
THE STATUTE OF LIMITATIONS PERIOD ON HOLD – TOLLING
The statute of limitations is tolled (the case is on hold) for any time 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.