How Long Does the State Have to File Charges in Florida?

In Florida, the state has anywhere from one year to no limit at all to file criminal charges, and how long the state has to file charges in Florida depends on the severity of the offense, the type of crime, and whether certain exceptions apply. Minor misdemeanors expire fastest. Serious felonies, crimes that cause a death, and many sex offenses against children can be charged at any time.

Deadlines by Offense Level

Florida’s general time limits, set by Section 775.15, track the classification of the offense:

Second-degree misdemeanor: one year. Examples include disorderly conduct and petit theft of property worth less than $100.
First-degree misdemeanor: two years. Examples include a first DUI, simple battery, and petit theft of property worth $100 to $750.
Second- and third-degree felonies: three years. Third-degree felonies include grand theft and many drug possession charges; second-degree felonies include aggravated battery.
First-degree felonies: four years. Robbery with a weapon is one example.¹²

These windows generally start the day after the offense is committed. Once the deadline passes on an ordinary misdemeanor or felony, the state’s right to prosecute that charge is gone for good.

A common misread: people assume a four-year-old felony case is automatically too late. The three-year and four-year caps only cover ordinary felonies. Several categories carry much longer deadlines or none at all.

Crimes With No Deadline

Florida allows prosecution at any time for:

Capital felonies, including first-degree murder
Life felonies
Any felony that directly results in a death

A manslaughter charge, for instance, can be brought decades after the incident as long as the felony caused someone’s death.¹ Perjury committed in an official proceeding related to a capital felony prosecution also has no time limit.³

DNA evidence can reopen the window on serious cold cases. For offenses including sexual battery, robbery, burglary, kidnapping, aggravated battery, carjacking, and aggravated child abuse, the state can file charges at any time once the suspect’s identity is established through DNA analysis, provided the original biological evidence was preserved and remains available for the defense to test independently.³ A sexual battery from 2005 where the suspect was never identified could still be prosecuted in 2026 if a database hit now links someone to the crime.

Sex Offenses Against Children

Florida treats sexual offenses against minors differently, and the rules stack:

If the victim was under 18 at the time of the offense, the clock does not even start running until the victim turns 18 or the crime is reported to law enforcement, whichever comes first.
First-degree felony sexual battery against a victim under 18: no time limit.
Any sexual battery against a victim under 16: no time limit, regardless of the felony degree.
First- or second-degree felony sexual battery reported within 72 hours: no time limit, regardless of the victim’s age.³

Fraud, Insurance Fraud, and Public Officer Misconduct

When fraud or breach of fiduciary duty is a core element of the offense, the state gets extra time measured from the victim’s discovery. Prosecutors can file within one year of discovery even after the standard deadline has passed, though the total extension cannot push the window more than three years beyond the original limit.³

Insurance fraud and workers’ compensation fraud charges have their own five-year deadline running from the date of the violation.³

Misconduct in office by a public officer or government employee can be prosecuted at any time while the person holds the position and for up to two years after they leave. If another part of the statute would give more time, the longer window applies.³

When the Clock Pauses

The limitations period can stop running under two conditions:

You are continuously absent from Florida.
You are in Florida but have no identifiable residence or workplace in the state.

Both pauses are capped. Tolling cannot add more than three years to the original deadline, so a three-year third-degree felony becomes at most a six-year window.¹ After that, the right to prosecute expires whether the state has located you or not. The prosecution carries the burden of showing you were actually absent or unlocatable during the time it wants to toll.

What Actually Stops the Clock

An arrest alone does not start or stop the limitations period. Neither does a police report. The clock stops only when the state formally files a charging document in court. If you have already been arrested or served with a summons, the filing by itself is enough. If no arrest has happened yet, prosecution is treated as commenced when the charging document is filed and the resulting warrant or summons is carried out without unreasonable delay.¹

If You Think Charges Were Filed Too Late

The statute of limitations is not self-executing. Late charges do not drop on their own, and courts generally will not raise the issue. You or your attorney must file a motion to dismiss under Florida Rule of Criminal Procedure 3.190(b), citing Section 775.15, and must do it before trial. Wait too long and the defense can be lost even when the state clearly filed late.

The motion needs to identify the offense, the date it allegedly occurred, and the applicable limitations period, and show that the state filed its charging document after that period expired. If the state responds by arguing tolling, you’ll need to show your presence in Florida or an identifiable residence or workplace during the period in question.

1
Florida Senate. Florida Code Title XLVI – Chapter 775 – Section 775.15
2
Florida Legislature. Florida Statutes 812.13 – Robbery
3
Florida Legislature. Florida Statutes 775.15 – Time Limitations; General Time Limitations; Exceptions