Statute of Limitations for UCC / Sale of Goods in Florida

How the limitation period applies

The controlling primary authority for US-FL ucc sale of goods SOL (Fla. Stat. § 95.11(3)(j)) is Fla. Stat. § 95.11(3)(j).

Fla. Stat. § 95.11(3)(j). 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.

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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.

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Sources

• Fla. Stat. § 95.11(3)(j) — 95.11 Limitations other than for the recovery of real property

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

Corroboration method: government_primary_source_direct_fetch.