Breach of Contract Statute of Limitations in Florida

Last verified 2026-07 · Source: Fla. Stat. § 95.11(2)(b) ✓ verified · 3 sources

The deadline

5 years

from Date the cause of action accrues (typically date of breach), under Fla. Stat. § 95.11(2)(b).

Under Fla. Stat. § 95.11(2)(b), you have 5 years from Date the cause of action accrues (typically date of breach) to file a breach of contract lawsuit in Florida. Miss it and you lose the right to sue — but several Florida-specific exceptions can extend (or shorten) that window, detailed below.

Florida Deadlines for Related Claims

Claim type	Deadline	Statute
Breach of Contract	5 years	Fla. Stat. § 95.11(2)(b)
Car Accident	2 yrs	Fla. Stat. § 95.11(5)(a)
Credit Card Debt	5 yrs	Fla. Stat. § 95.11(2)(b)
Medical Malpractice	2 yrs	Fla. Stat. § 95.11(5)(c)
Wrongful Death	2 yrs	Fla. Stat. § 768.19; Fla. Stat. § 95.11(5)(e)
Personal Injury	2 yrs	Fla. Stat. § 95.11(3)(a)
Dog Bite	2 yrs	Fla. Stat. § 767.04 (strict liability); SOL: Fla. Stat. § 95.11(3)(a) (as amended effective March 24, 2023)
Slip and Fall	2 yrs	Fla. Stat. § 95.11(3)(a)
Defamation	2 yrs	Fla. Stat. § 95.11(5)(h)
Medical Debt	5 yrs	Fla. Stat. § 95.11(2)(b)

When the Clock Starts

In Florida, the limitations period for breach of contract claims generally begins on Date the cause of action accrues (typically date of breach). Florida does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

Exceptions That Can Extend the Deadline

Minors: the clock is generally paused while the injured person is under 18.
Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
Defendant leaves the state: absence can pause the clock in many circumstances.

Written contracts: 5 years under § 95.11(2)(b). Oral/unwritten contracts: 4 years under § 95.11(3)(j). Statute text for written: 'A legal or equitable action on a contract, obligation, or liability founded on a written instrument.'

Source: Fla. Stat. § 95.11(2)(b), official Florida statute · verified 2026-07

What to Do Before the Deadline Runs

Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
Send preservation/notice letters where required (especially for Florida government defendants).
If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Florida Compares to Nearby States

State	Deadline	Statute
Florida	5 years	Fla. Stat. § 95.11(2)(b)
Georgia	6 yrs	O.C.G.A. § 9-3-24
Alabama	6 yrs	Ala. Code § 6-2-34(4)

Frequently Asked Questions

How long do I have to file a breach of contract lawsuit in Florida?

You have 5 years from Date the cause of action accrues (typically date of breach), under Fla. Stat. § 95.11(2)(b).

Can I still sue after 5 years in Florida?

Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.

What if the victim was a minor?

Florida generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.

Sources

Official Florida Statutes § 95.11 - Limitations other than for the recovery of real property (flsenate.gov)
Corroborating Florida Statutes § 95.11 - Limitations (Justia)
Corroborating Florida Statutes § 95.11 (FindLaw)
Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Florida attorney.