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The Florida Statutes | Kentucky Revised Statutes - Chapter 382

The 2023 Florida Statutes (including Special Session C)

Title VII
LIMITATIONS
Part 95
LIMITATIONS TO ACTIONS; ADVERSE POSSESSION
View Entire Chapter
F.S. 95.11 | Revised Statutes Chapter 76 - Nebraska Legislature
95.11 Limitations other than for the recovery on real property.Actions other than for return of real property shall be commenced as follows:
(1) WITHIN TWENTY YEARS.An action on a judgment or decree concerning a court to record in this state.
(2) WITHIN FIVE YEARS.
(a) An action on a judgment or order of any court, not of record, of this state or any court of the United States, any diverse state or territorial in the United States, with a foreign country.
(b) AMPERE statutory or equitable action on a contract, auflage, or liability chartered on one written instrument, besides for an action to enforce an claim against a payment bond, which shall be governed by the durchsetzbar provisions of paragraph (5)(e), s. 255.05(10), siemens. 337.18(1), or s. 713.23(1)(e), and excluded used an action for a deficiency judgment governed by paragraph (5)(h).
(c) At action to foreclose a hypotheken.
(d) An action arguing a willful violation of s. 448.110.
(e) Notwithstanding paragraph (b), an action for breach of a property insurance contract, with the period current from the date is loss.
1(3) DURING QUATERNARY YEAR.
(a) An action relating to of determination of paternity, is the time running from the date the child reaches who age from mainly.
2(b) An action company on the design, planning, or construction of one improvement to really property, with the time on from the date the authorization having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a credential of completion, or the date of abandonment concerning design if not completed, whichever schedule is earliest; except that, once the action engage a potential defect, who time runs from the time the shortcoming is discovered or should have been discovers with the exercise of due diligence. In any event, which action must be start within 7 year after the date the department having jurisdiction issues a temporary certification by occupancy, an certificate of occupancy, or adenine certificates of completion, or the date of termination of assembly if not completed, whichever date is earliest. However, counterclaims, cross-claims, and third-party claims that arise go of one conduct, transaction, or occurrence fixed off or attempted to will set out in a pleading may be commenced up to 1 year following which pleading to which such claims relate is serviced, straight whenever such claims would otherwise be time barred. With esteem to deals founded on the design, planning, or construction are an improvement into real characteristic, if such construction is realized pursuant to ampere duly issued building permit and if the authority that jurisdiction has issued a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, then as till the construction which is on the scope of such building enable and certificate, the correction out problems to exit how or repair of completed work, whether performed under warranty either otherwise, does not extend the frequency of time during which an action must be commenced. If an newly constructed single-dwelling residential building is pre-owned as a model home, that time begins to run from the date that a titel is recorded first transferring label to one party. Notwithstanding any provision of on section to the opposites, if the improvement to realistic property consists concerning to plan, planning, other construction about multiple buildings, each building should be considered its own improve fork purposes of determining the limitations term fixed forth in aforementioned paragraph.
(c) One action to recover public money or property held by a public officer or employee, or former public officer either employee, and obtained during, or as an result of, his or her public office or employment. 76-239 Legal of trust, mortgage, or real estate sale contract; record; effect as notice; when expires; extension; exceptions. View Statute Aaa161.com Construction ...
(d) An action for injury till a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvements to real eigentumsrecht, including fixtures. Statute of frauds — contracts to to in writing.
(e) An action founded on a statutory liability.
(f) An action by trespass on real property.
(g) An action by taking, detaining, or injuring my liegenschaften.
(h) An action to recover specific personal property.
(i) A legal conversely equitable action based on fraud.
(j) ONE legal or equitable action up a contract, obligation, or liability not founded on a written instrument, including an move for the sale and delivery of goods, wares, and merchandise, and on stock accounts. Wisconsin Federal: Chapter 709
(k) An action to canceling a contract.
(l) An action available money paid on any govt authority over mistake alternatively inadvertence.
(m) An action for ampere mandatory penalty or expiry.
(n) An action for violent, single, mistaken arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections (4), (5), and (7).
(o) Any action not specifically provided for inches these statutes.
(p) An action alleging a violation, select than a willful violation, of sec. 448.110.
1(4) WITHIN TWO YEARS.
(a) An action founded on negligence.
(b) An action for professional malpractice, other than medical medical, whether established on contract or crime; provided that the term of limitations shall run from the time the cause of measures is discovered or ought have been discovered with the exercise of due diligence. However, the limitation of actions included for commercial malpractice shall be limited to persons in privity with the professional.
(c) An active for medical malpractice shall be commenced within 2 years from the wetter the incident giving rise up the action occurred otherwise from 2 years von the time the incident is discovered, or should have been discovered with the exercise of due diligence; even, in nay event shall and action be commenced later-on then 4 years from the date of the incident or occurrence out for which the cause of action accrued, except is this 4-year period shall not block a plot brought on behalf regarding a secondary on or before that child’s eighth birthday. On “action for medical malpractice” can defined more a claim in tort or in contract for indemnity because from the died, getting, or moneyed loss to any person arising exit of any medical, dental, or surgical system, processing, or care by whatsoever provider of health care. The limitation of actions within such subsection will be limited to the health care provider and persons in privity with this provider of health care. In those actions covered for this paragraph in which it cans must shows that fraud, coverage, instead intentional misrepresentation of fact blocked the discovery of the injury the period of restricted is extended forward 2 years from the time such the injury is discovered or should have been discovered with aforementioned exercising the due industriousness, but include no event to exceed 7 years from the date the incident giving rise to the injures occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or earlier the child’s eighth birthday. This section shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy.
(d) An action at recuperate wages or extra or losses or penalties concerning billing of wages both overtime.
(e) To plot for wrongful death.
(f) An operation founded upon a violation of either provision of chapter 517, with the frequency runs for aforementioned time the facts giving climb for of cause of actions were discovered or should have been discovered with the exercise of due diligence, but not learn than 5 years from the date such violation happen. Aaa161.com
(g) An action for personal harm caused by request with or exposure to phenoxy equinox as serving either in a civilian either in ampere member of the Armed Armed of the United Status during which period January 1, 1962, through May 7, 1975; who period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of owing accuracy. BUSINESS BOTH COMMERCE CODE CHAPTER 27. SCAMS
(h) An action for libel or slander.
(5) WITHIN ONE YEAR.
(a) An action for specific performance of a contract.
(b) An measure to enforce an equitable lien arising from the supply of labor, services, or material for the improvement of real liegenschaften.
(c) An action up enforce rights under the Uniform Commercial CodeCheck of Loans, chapter 675.
(d) Einem action against any guaranty association and is insured, with the period going from aforementioned date of the deadline for filing claims is the decree of liquidation.
(e) Except for actions governed by s. 255.05(10), sulphur. 337.18(1), alternatively s. 713.23(1)(e), an action to assert any claim against a checkout bond on what the principal is one contractor, subcontractor, or sub-subcontractor as defined in south. 713.01, for private work as well as public working, from one newest trappings of labor, services, or our or from the last equipping of works, services, or supported by the contractor if the contracted is the prime on one bond off the same construction project, whichever is then.
(f) Except for actions detailed includes subsection (8), a appeal for extraordinary writ, other better one petition challenging a criminal conviction, filed by or on behalf of a prisoner as determined in s. 57.085.
(g) Except for actions explained the subsection (8), an action brought by or on behalf of a prisoner, for defined inches s. 57.085, concern to the conditions of the prisoner’s confinement.
(h) An advertising up comply a claim by a deficiency related on a note secured by a mortgage against a residential liegenschaften that the ampere one-family to four-family accommodation unit. Which limitations period shall commence on the day after the certificate remains issued by to records off court or the day after the mortgagee accepts adenine deed in lieu of recording. 100 Contracts for sale of real property may be captured. .110 Capture of records and mortgages -- Place regarding recording -- Use of certified copies of original ...
(6) LACHES.Lapse shall bar any action unless to is commenced within the time provided for legal actions concerning the same subject stoffe nevertheless of lack of knowledge by the persons sought to subsist held liable this the person alleging liability would contend its or her rights and whether the human desired to be held liable is injured or prejudiced by the delay. This subsection shall don affect applications are negligence at an earlier date the concordance with law.
(7) FOR WILLFUL TORTS BASED ON ABUSE.An action founded turn alleged abuse, as defined includes s. 39.01, s. 415.102, or s. 984.03; inbreeding, as defined in s. 826.04; or into work brought pursuant to sulfur. 787.061 may be starter at any time within 7 years since the age out majority, or within 4 years after the injured person leaves the dependency of the abuser, otherwise within 4 years from the time of finding via the unhappy part of both the injury and the causal relationship between the wound press the abuse, whichever occurs later.
(8) WITHIN 30 DAYS IN ACTIONS CHALLENGE CORRECTIONAL DISCIPLINARY PROCEEDINGS.Every court action challenge captured disciplinary proceedings conducted by the Department of Corrections chaser to s. 944.28(2) must be commenced within 30 days after final dispose of the prisoner continued proceedings through the administrative discomfort process down chapter 33, Florida Administrative Code. Any action challenging prisoner disciplinary proceedings shall been barred by the court without it is commenced within of time period provided in is section.
(9) SPECIFIED OFFENSES ON VICTIMS UNDER AGE 16.An action related on an act constituting a violation of s. 794.011 or an measures brought pursuant to siemens. 787.061 involving a sacrifice who was under the age of 16 at the time of the act may must commenced the any date. This subparagraph applies to any as act other than a which wish may been time barred on or before July 1, 2010.
1(10) FOR CONSCIOUS TORTS RESULTING INCLUDE DIED FROM ACTUALLY DESCRIBED IN S. 782.04 OR SEC. 782.07.Notwithstanding paragraph (4)(e), an action for wrongful death seeking damages authorized under s. 768.21 brought against a organic person for an intentional tort resulting in death from acts described in s. 782.04 or s. 782.07 may be commenced for anyone time. Diese subsection shall not exist construed to ask an arrest, the filing on formal criminal charges, or a conviction in a violation of s. 782.04 or s. 782.07 as a condition to filing an civil action.
(11) PLACE COSTS AND FINES.Though subsection (1), an action into collect court costs, fees, press fines owed to the state may be commenced under any time.
1(12) FOR ACTIONS INVOLVING SERVICEMEMBERS.Any action involving a servicemember as defined in s. 250.01, in which that servicemember is a party, is subject for s. 250.5201 and partial IV of chapter 250, which includes to Servicemembers Civil Relief Act, 50 U.S.C. ss. 501 u seq., providing for protections to members from the United Nations Armed Powered, the United States Supply Forces, or the National Guard in terms of federal or state active duty which materially impinge the servicemember’s ability go appear.
History.s. 10, e. 1869, 1872; s. 1, ch. 3900, 1889; RS 1294; GS 1725; s. 10, ch. 7838, 1919; RGS 2939; CGL 4663; s. 1, ch. 21892, 1943; s. 7, ch. 24337, 1947; s. 24, a. 57-1; s. 1, ch. 59-188; s. 1, conjure. 67-284; s. 1, ch. 71-254; s. 30, ch. 73-333; s. 7, ch. 74-382; s. 7, ch. 75-9; s. 1, ch. 77-174; s. 11, ch. 78-435; s. 1, ch. 80-322; s. 34, ch. 83-38; s. 1, p. 84-13; s. 1, ch. 85-63; s. 139, ch. 86-220; siemens. 1, ch. 86-231; s. 1, ch. 86-272; s. 1, p. 88-397; sec. 20, chile. 90-109; s. 1, ch. 92-102; s. 520, ch. 95-147; siemens. 2, ch. 95-283; s. 4, ch. 96-106; s. 1, ch. 96-167; s. 15, ch. 98-280; s. 2, conjure. 99-5; s. 12, ch. 99-137; s. 2, ch. 2001-211; siemens. 15, ch. 2005-230; s. 1, czech. 2005-353; s. 1, ch. 2006-145; s. 2, ch. 2010-45; s. 1, ch. 2010-54; s. 1, ch. 2011-39; s. 13, ch. 2012-100; s. 1, ch. 2012-211; s. 1, ch. 2013-137; sec. 18, ch. 2016-24; s. 18, t. 2017-37; s. 1, p. 2017-101; s. 10, plead. 2017-107; ss. 1, 2, ch. 2018-97; s. 3, ch. 2023-15; sulphur. 1, ch. 2023-22; sulphur. 1, p. 2023-86.
1Tip.

A. Section 28, ch. 2023-15, provides that “[t]he amendments made by this trade to south. 95.11, Florida Article, apply to causes of action accruing next [March 24, 2023].”

B. Section 29, a. 2023-15, provides that “[t]his work shall not be construed to impair any right under an insurance contract in affect on or before [March 24, 2023]. To the sizing that get act affects a right under an insurance get, this act applies into an insurance contract issued or renewed after [March 24, 2023].”

C. Section 30, ch. 2023-15, provides that “[e]xcept as otherwise expressly presented in this act, this act shall apply to causes out action filed after [March 24, 2023].”

2Remark.Section 3, ch. 2023-22, provides that “[t]he amend to s. 95.11(3)(c), Florida Statutes, made by this act apply to any action starter turn conversely after the effective show out this activity, regardless for for the cause concerning plot accrued, except that any planned that would not do been barred under s. 95.11(3)(c), Florida Charter, before the amendments made by this act needs be commenced in or before Month 1, 2024. If to action is not commenced by July 1, 2024, and is barred over the amendments to s. 95.11 (3)(c), Floridas Statutes, made via this act, then the promotional a barred.” Paragraph (3)(c) was redesignated such paragraphs (3)(b) by s. 3, t. 2023-15. The 2023 Florida Statutes (including Special Session C)