Florida Criminal Statute of Limitations Cheat Sheet: Free Download

• Aug 28 2026

When can Florida prosecutors still file criminal charges, and when is it too late?

The answer depends on the type and degree of the offense, as well as a number of exceptions that can extend or toll the normal statute of limitations.

To make those deadlines easier to reference, we created a Florida Criminal Statute of Limitations Cheat Sheet covering the general limitation periods and some of the most important exceptions under Florida law.

Download the Florida Criminal Statute of Limitations Cheat Sheet

The cheat sheet is current as of June 2026 and is designed as a quick-reference guide to Florida Statute § 775.15.

What Is the Statute of Limitations for a Crime in Florida?

A criminal statute of limitations establishes the period within which the State generally must commence a prosecution.

Under Florida law, the basic limitation periods vary according to the classification of the offense. As summarized in the cheat sheet:

• Capital and life felonies: No statute of limitations
• First-degree felonies: 4 years
• Second- and third-degree felonies: 3 years
• First-degree misdemeanors: 2 years
• Second-degree misdemeanors and noncriminal violations: 1 year

Those periods, however, are only the starting point.

Why Florida’s Criminal Statute of Limitations Can Get Complicated

Determining whether a prosecution is actually time-barred is not always as simple as identifying the degree of the charge and counting backward on a calendar.

Florida law contains exceptions and tolling provisions that can significantly change the analysis.

For example, the cheat sheet addresses issues involving:

DNA identification. In certain circumstances, an otherwise expired limitation period may be extended when an unidentified offender’s DNA profile is later matched to a defendant.

Sex offenses involving minors. Special limitation rules apply to sexual battery and other sexual offenses involving victims under 18.

Fraud and breach of fiduciary duty. The limitation period can be affected by when the offense was discovered or reasonably should have been discovered.

Absence from Florida or concealment. The limitation period may be tolled when a defendant is continuously outside Florida or has no reasonably ascertainable residence or place of work within the state.

Continuing criminal conduct. When an offense constitutes a continuous course of criminal conduct, the limitation period may run from the last act rather than the first.

The guide also addresses misconduct in public office, prior prosecutions that were dismissed or set aside, financial exploitation of elderly or disabled victims, and when a prosecution is considered “commenced” for statute-of-limitations purposes.

When Is a Florida Criminal Prosecution “Commenced”?

This can be particularly important in determining whether the statute of limitations has actually expired.

Under § 775.15, prosecution may be considered to have commenced when an indictment or information is filed or when an arrest warrant or capias is issued, provided that the warrant or capias is executed without unreasonable delay.

In other words, the date someone is arrested is not necessarily the date that controls the statute-of-limitations analysis.

Download the Free Florida Criminal Statute of Limitations Cheat Sheet

We created this one-page guide as a convenient reference for Florida’s general criminal statutes of limitations and some of the exceptions that frequently arise in criminal cases.

Download the Free Florida Criminal Statute of Limitations Cheat Sheet (PDF)

The guide is intended for quick reference only. Statutes and case law change, and the specific facts of a case can determine whether an exception or tolling provision applies. The current statute and applicable case law should always be reviewed before relying on a particular limitation period.

Questions About the Statute of Limitations on a Florida Criminal Charge?

If you are being investigated for a crime, have an outstanding warrant, or believe the State is attempting to prosecute an old criminal allegation, the statute of limitations may be an important part of your defense.

Valiente Law represents individuals facing criminal charges and investigations throughout Miami-Dade County and South Florida.

Call us at 305-764-5460 for a free and confidential consultation to discuss your case and whether Florida’s statute of limitations may apply.

Tagged with: Fla Stat 775.15, Florida criminal statute of limitations, Florida felony statute of limitations, Florida statute of limitations criminal

Posted in: Criminal