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.
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.
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.
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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