Statute of Limitations for Fraud & Breach of Contract in Florida

The statute of limitations sets forth the maximum time period within which a lawsuit must be filed. The Florida civil statutes of limitation on fraud and breach of contract are contained in section 93.11 of the 2010 Florida statutes.

  1. Breach of Contract

    • The Florida statute of limitations on a written contract is five years. A lawsuit for a breach of an oral contract must be filed within four years. A lawsuit seeking specific performance of a contract must be filed within one year.

    Fraud

    • The Florida statute of limitations on a civil fraud lawsuit is four years. The fraud also may be punishable as a criminal offense. The Florida statute of limitations for a felony fraud charge is three years. A first-degree misdemeanor fraud charge must be filed within two years. The statute of limitations on a second-degree misdemeanor fraud charge is one year.

    Time Frame

    • The time frame to sue begins when the cause of action accrues, which is at the time that the fraud or breach of contract occurs or is discovered.

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