## How the limitation period applies

The controlling primary authority for US-FL notice of claim pre suit requirement SOL (768.28) is **768.28**.

> **768.28.** the claimant presents the claim in writing to the appropriate agency, and also, except as to any claim against a municipality, county, or the Florida Space Authority, presents such claim in writing to the Department of Financial Services, within 3 years after such claim accrues

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [768.28 — 768.28](https://www.flsenate.gov/Laws/Statutes/2024/768.28)

All sources are official primary law published by `www.flsenate.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Statute of Limitations for Notice of Claim (pre-suit requirement) in Florida.

Statute of Limitations for Notice of Claim (pre-suit requirement) in Florida

An action may not be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency... within 3 years after such claim accrues...

ANO-831 deepening 2026-04-27: top-level claim_types populated with primary verbatim raw_statute_text and source_urls fetched directly from flsenate.gov 2024 codification. UCC § 672.725 raw text nulled per anti-fabrication policy after flsenate stub + leg.state.fl.us 'cannot be found' + Wayback empty.

Reduced general negligence/PI/premises SOL from 4 yrs to 2 yrs and renumbered § 95.11 subsections. Top-level claim_types PI/wrongful-death/med-mal were already 2-yrs but legacy statute_of_limitations_years.{negligence,general_actions} still held stale 4-yr values. All paragraph citations in _ano_710_research realigned to the 2024 codification (5)(a)/(5)(b)/(5)(c)/(5)(e)/(5)(h) for the 2-year negligence cluster.

95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows:

(1) WITHIN TWENTY YEARS.—An action on a judgment or decree of a court of record in this state.

(2) WITHIN FIVE YEARS.—
(a) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country.
(b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of paragraph (6)(e), s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an action for a deficiency judgment governed by paragraph (6)(h).
(c) An action to foreclose a mortgage.
(d) An action alleging a willful violation of s. 448.110.
(e) Notwithstanding paragraph (b), an action for breach of a property insurance contract, with the period running from the date of loss.

(3) WITHIN FOUR YEARS.—
(a) An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority.
(b) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 7 years after the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest. However, counterclaims, cross-claims, and third-party claims that arise out of the conduct, transaction, or occurrence set out or attempted to be set out in a pleading may be commenced up to 1 year after the pleading to which such claims relate is served, even if such claims would otherwise be time barred. With respect to actions founded on the design, planning, or construction of an improvement to real property, if such construction is performed pursuant to a duly issued building permit and if the authority having jurisdiction has issued a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, then as to the construction which is within the scope of such building permit and certificate, the correction of defects to completed work or repair of completed work, whether performed under warranty or otherwise, does not extend the period of time within which an action must be commenced. If a newly constructed single-dwelling residential building is used as a model home, the time begins to run from the date that a deed is recorded first transferring title to another party. Notwithstanding any provision of this section to the contrary, if the improvement to real property consists of the design, planning, or construction of multiple buildings, each building must be considered its own improvement for purposes of determining the limitations period set forth in this paragraph.
(c) An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment.
(d) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures.
(e) An action founded on a statutory liability.
(f) An action for trespass on real property.
(g) An action for taking, detaining, or injuring personal property.
(h) An action to recover specific personal property.
(i) A legal or equitable action founded on fraud.
(j) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.
(k) An action to rescind a contract.
(l) An action for money paid to any governmental authority by mistake or inadvertence.
(m) An action for a statutory penalty or forfeiture.
(n) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections (5), (6), and (8).
(o) Any action not specifically provided for in these statutes.
(p) An action alleging a violation, other than a willful violation, of s. 448.110.

(4) WITHIN THREE YEARS.—An action to collect medical debt for services rendered by a facility licensed under chapter 395, provided that the period of limitations shall run from the date on which the facility refers the medical debt to a third party for collection.

(5) WITHIN TWO YEARS.—
(a) An action founded on negligence.
(b) An action for professional malpractice, other than medical malpractice, whether founded on contract or tort; provided that the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence. However, the limitation of actions herein for professional malpractice shall be limited to persons in privity with the professional.
(c) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy.
(d) An action to recover wages or overtime or damages or penalties concerning payment of wages and overtime.
(e) An action for wrongful death.
(f) An action founded upon a violation of any provision of chapter 517, with the period running from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence, but not more than 5 years from the date such violation occurred.
(g) An action for personal injury caused by contact with or exposure to phenoxy herbicides while serving either as a civilian or as a member of the Armed Forces of the United States during the period January 1, 1962, through May 7, 1975; the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence.
(h) An action for libel or slander.

(6) WITHIN ONE YEAR.—
(a) An action for specific performance of a contract.
(b) An action to enforce an equitable lien arising from the furnishing of labor, services, or material for the improvement of real property.
(c) An action to enforce rights under the Uniform Commercial Code—Letters of Credit, chapter 675.
(d) An action against any guaranty association and its insured, with the period running from the date of the deadline for filing claims in the order of liquidation.
(e) Except for actions governed by s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), an action to enforce any claim against a payment bond on which the principal is a contractor, subcontractor, or sub-subcontractor as defined in s. 713.01, for private work as well as public work, from the last furnishing of labor, services, or materials or from the last furnishing of labor, services, or materials by the contractor if the contractor is the principal on a bond on the same construction project, whichever is later.
(f) Except for actions described in subsection (9), a petition for extraordinary writ, other than a petition challenging a criminal conviction, filed by or on behalf of a prisoner as defined in s. 57.085.
(g) Except for actions described in subsection (9), an action brought by or on behalf of a prisoner, as defined in s. 57.085, relating to the conditions of the prisoner’s confinement.
(h) An action to enforce a claim of a deficiency related to a note secured by a mortgage against a residential property that is a one-family to four-family dwelling unit. The limitations period shall commence on the day after the certificate is issued by the clerk of court or the day after the mortgagee accepts a deed in lieu of foreclosure.

(7) LACHES.—Laches shall bar any action unless it is commenced within the time provided for legal actions concerning the same subject matter regardless of lack of knowledge by the person sought to be held liable that the person alleging liability would assert his or her rights and whether the person sought to be held liable is injured or prejudiced by the delay. This subsection shall not affect application of laches at an earlier time in accordance with law.

(8) FOR INTENTIONAL TORTS BASED ON ABUSE.—An action founded on alleged abuse, as defined in s. 39.01, s. 415.102, or s. 984.03; incest, as defined in s. 826.04; or an action brought pursuant to s. 787.061 may be commenced at any time within 7 years after the age of majority, or within 4 years after the injured person leaves the dependency of the abuser, or within 4 years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the abuse, whichever occurs later.

(9) WITHIN 30 DAYS FOR ACTIONS CHALLENGING CORRECTIONAL DISCIPLINARY PROCEEDINGS.—Any court action challenging prisoner disciplinary proceedings conducted by the Department of Corrections pursuant to s. 944.28(2) must be commenced within 30 days after final disposition of the prisoner disciplinary proceedings through the administrative grievance process under chapter 33, Florida Administrative Code. Any action challenging prisoner disciplinary proceedings shall be barred by the court unless it is commenced within the time period provided by this section.

(10) SPECIFIED OFFENSES ON VICTIMS UNDER AGE 16.—An action related to an act constituting a violation of s. 794.011 or an action brought pursuant to s. 787.061 involving a victim who was under the age of 16 at the time of the act may be commenced at any time. This subsection applies to any such action other than one which would have been time barred on or before July 1, 2010.

(11) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph (5)(e), an action for wrongful death seeking damages authorized under s. 768.21 brought against a natural person for an intentional tort resulting in death from acts described in s. 782.04 or s. 782.07 may be commenced at any time. This subsection shall not be construed to require an arrest, the filing of formal criminal charges, or a conviction for a violation of s. 782.04 or s. 782.07 as a condition for filing a civil action.

(12) COURT COSTS AND FINES.—Notwithstanding subsection (1), an action to collect court costs, fees, or fines owed to the state may be commenced at any time.

(13) FOR ACTIONS INVOLVING SERVICEMEMBERS.—Any action involving a servicemember as defined in s. 250.01, in which the servicemember is a party, is subject to s. 250.5201 and part IV of chapter 250, which includes the Servicemembers Civil Relief Act, 50 U.S.C. ss. 501 et seq., providing for protections to members of the United States Armed Forces, the United States Reserve Forces, or the National Guard during terms of federal or state active duty which materially affect the servicemember’s ability to appear.

(3) WITHIN FOUR YEARS. — ... (n) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections (5), (6), and (8).

(8) FOR INTENTIONAL TORTS BASED ON ABUSE. — An action founded on alleged abuse, as defined in s. 39.01, s. 415.102, or s. 984.03; incest, as defined in s. 826.04; or an action brought pursuant to s. 787.061 may be commenced at any time within 7 years after the age of majority, or within 4 years after the injured person leaves the dependency of the abuser, or within 4 years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the abuse, whichever occurs later.

(3) WITHIN FOUR YEARS. — ... (n) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections (5), (6), and (8).

(3) WITHIN FOUR YEARS.—(n) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections (5), (6), and (8).

95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows:

(2) WITHIN FIVE YEARS.—
(b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of paragraph (6)(e), s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an action for a deficiency judgment governed by paragraph (6)(h).

(3) WITHIN FOUR YEARS.—
(j) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.
(k) An action to rescind a contract.
(o) Any action not specifically provided for in these statutes.

An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 7 years after the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest

(5) WITHIN TWO YEARS. — (a) An action founded on negligence.

95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows: ... (2) WITHIN FIVE YEARS.— ... (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of paragraph (6)(e), s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an action for a deficiency judgment governed by paragraph (6)(h).

An action may not be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency, and also, except as to any claim against a municipality, county, or the Florida Space Authority, presents such claim in writing to the Department of Financial Services, within 3 years after such claim accrues...

(5) WITHIN TWO YEARS. — ... (h) An action for libel or slander.

(4) WITHIN TWO YEARS. — (a) An action for professional malpractice, other than medical malpractice, whether founded on contract or tort; provided that the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence.

(5) WITHIN TWO YEARS. — (g) An action for libel or slander.

Actions other than for recovery of real property shall be commenced as follows: (2) WITHIN FIVE YEARS.— (c) An action to foreclose a mortgage.

(3) WITHIN FOUR YEARS. — ... (e) An action founded on a statutory liability.

An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures.

An action for taking, detaining, or injuring personal property.

95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows: ... (5) WITHIN TWO YEARS.— (a) An action founded on negligence. (b) An action for professional malpractice, other than medical malpractice, whether founded on contract or tort; provided that the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence. However, the limitation of actions herein for professional malpractice shall be limited to persons in privity with the professional. (c) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence ... (d) An action to recover wages or overtime or damages or penalties concerning payment of wages and overtime. (e) An action for wrongful death. (f) An action founded upon a violation of any provision of chapter 517 ... (g) An action for personal injury caused by contact with or exposure to phenoxy herbicides ... (h) An action for libel or slander.

Actions other than for the recovery of real property shall be commenced as follows:

Five-year SOL for actions on a contract, obligation, or liability founded on a written instrument.

Four-year SOL for actions on a contract, obligation, or liability not founded on a written instrument.

Two-year SOL for negligence (per HB 837, eff. March 24, 2023).

Four-year SOL for actions founded on fraud, with discovery rule per § 95.031.

Two-year SOL with 4-year repose for medical malpractice.

Four-year SOL for trespass on real property.

Four-year residual SOL for an action not otherwise specified.

Four-year SOL for actions on an unwritten contract or for unjust enrichment.

Four-year SOL for open account / account stated.

Four-year SOL for actions founded on statutory liability (FDUTPA).

Under Fla. Stat. § 95.11(5)(a), 'An action founded on negligence' must be commenced within two years. This is the controlling limitations period for general negligence-based personal-injury claims in Florida, following the 2023 HB 837 amendment (ch. 2023-15) that moved negligence from the 4-year column to the 2-year column effective March 24, 2023. Other claim types routed by this same section: written contracts 5 years (sub. 2(b)), libel/slander 2 years (sub. 5(h)), wrongful death 2 years (sub.

Under Fla. Stat. § 95.11(4)(a), an action for professional malpractice — other than medical malpractice — whether founded on contract or tort, must be brought within two years. The period runs from the time the cause of action is discovered or should have been discovered with the exercise of due diligence. Controls legal malpractice in Florida.

Under Fla. Stat. § 95.11(5)(g), an action for libel or slander must be commenced within 2 years. Listed under '(5) WITHIN TWO YEARS.—' subsection.

Under Fla. Stat. § 95.11(2)(c), an action to foreclose a mortgage must be commenced within 5 years.

Under Fla. Stat. § 95.11(3)(e), an action founded on a statutory liability must be commenced within 4 years. Florida courts apply this to FDUTPA private actions (which are statutory).

Under Fla. Stat. § 95.11(3)(n), an action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort must be commenced within four years, except as provided in subsections (5), (6), and (8). This is the operative Florida SOL for civil intentional-tort claims of assault and battery against an adult plaintiff. Note: 2023 Fla. Laws ch. 2023-15 (CS/SB 236) shortened the limitations period for actions founded on negligence to t

Florida imposes a four-year statute of limitations on actions for breach of warranty on the sale of goods, pursuant to Fla. Stat. § 95.11(3)(j) (an action 'on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise'). Florida is a non-uniform UCC jurisdiction: it did not enact UCC § 2-725, and Florida's chapter 672 (UCC—Sales) ends at § 672.724 with no § 672.725. Where a breach-of-warranty claim aris

Under Fla. Stat. § 95.11(2)(b), a legal or equitable action on a contract, obligation, or liability founded on a written instrument — including a debt evidenced by a promissory note — must be commenced within five years, subject to the statute's narrow carve-outs for payment-bond claims and for deficiency judgments governed by § 95.11(6)(h). Fla. Stat. § 673.1181 (Florida UCC Article 3) cross-confirms by deferring negotiable-instrument limitations questions to Chapter 95.

An action for false arrest or false imprisonment in Florida must be commenced within four years of accrual under Fla. Stat. § 95.11(3)(n), which categorizes false arrest and false imprisonment as intentional torts subject to the four-year limitations period in § 95.11(3), except where the carve-outs in subsections (5), (6), or (8) apply. The 2023 SB 236 amendment shortened the negligence limitations period to two years under § 95.11(3)(a)-related negligence provisions and § 95.11(4), but it did 

Under Fla. Stat. § 95.11(5)(h), an action for slander (spoken defamation) must be commenced within two years of accrual. The same 2-year period applies to libel under the identical paragraph.

A Florida breach-of-fiduciary-duty claim is treated as an intentional tort for limitations purposes and uses the four-year limitations period for intentional tort actions under Fla. Stat. § 95.11(3)(n), unless a more specific statute applies.

A Florida common-law fraud or deceit action is governed by the four-year limitations period at Fla. Stat. § 95.11(3)(i): 'A legal or equitable action founded on fraud.' The discovery rule may affect accrual — this receipt does not certify the discovery-rule accrual analysis.

Statute of limitations for adult_sexual_assault_rape_civil in US-FL is 4 years under Fla. Stat. § 95.11(3)(n) (intentional tort) and § 95.11(8) (abuse, discovery rule).

Statute of limitations for false_arrest_false_imprisonment in US-FL is 4 years under Fla. Stat. § 95.11(3)(n).

Statute of limitations for invasion_of_privacy in US-FL is 2 years under Fla. Stat. § 95.11(5)(h) (libel/slander — intrusion upon seclusion variant).

Statute of limitations for breach_written_contract in US-FL is 5 years under Fla. Stat. § 95.11(2)(b).

Statute of limitations for breach written contract in US-FL is 5 years under Fla. Stat. § 95.11(2)(b).

Statute of limitations for government tort claim in US-FL is 3 years under Fla. Stat. § 768.28(6)(a).

Statute of limitations for debt on a promissory note in US-FL is 5 years under Fla. Stat. § 95.11(2)(b).

Statute of limitations for mortgage foreclosure in US-FL is 5 years under Fla. Stat. § 95.11(2)(c).

Statute of limitations for notice of claim pre suit requirement in US-FL is 3 years under Fla. Stat. § 768.28(6)(a).

Statute of limitations for UCC sale of goods in US-FL is 4 years under Fla. Stat. § 95.11(3)(j), which sets a four-year period for actions on a contract not founded on a written instrument, expressly including actions for the sale and delivery of goods, wares, and merchandise.

Florida actions for libel or slander must be commenced within two years under Fla. Stat. § 95.11(5)(h).

Florida premises liability / slip-and-fall claims (negligence) must be brought within 2 years of accrual under Fla. Stat. § 95.11(5)(a).

The time within which a person may bring an action shall be computed from the time the cause of action accrues.

No actions shall be brought against the state or its agencies unless notice of claim is made within three years.