What Is the Statute of Limitations for Fraud in Florida?
Florida generally allows 4 years to file a legal or equitable action founded on fraud. The period runs from when the facts giving rise to the claim were discovered or should have been discovered with due diligence, but the action must be filed within 12 years after the fraud was committed, regardless of when it was discovered.
Most Florida limitation periods run from the time a cause of action accrues, which is when the last element of the claim occurs. Fraud is treated differently. For fraud actions in the 4 year category, including constructive fraud, the clock instead starts when the facts were discovered or should have been discovered through due diligence.
The 12 year outer limit works as a firm cap. Even if the fraud stays hidden, an action for fraud in the 4 year category must be started within 12 years after the date the alleged fraud was committed.
The general computation rule is subject to exceptions stated elsewhere in the limitations chapter, including a separate tolling statute. Some claims also have their own timing rules when fraud is involved. Medical malpractice, for example, has its own fraud and concealment rule with different time limits.
Deadlines for related civil claims are covered in the Florida deadline for breach of contract lawsuits and the deadline for negligence and property damage lawsuits.
This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. A licensed attorney in the relevant jurisdiction should be consulted for advice tailored to specific circumstances.
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