Florida negligence: two years for claims accruing after March 24, 2023
A Florida negligence action now has a two-year limitations period. Current § 95.11 lists, under "(5) WITHIN TWO YEARS," "(a) An action founded on negligence." Fla. Stat. § 95.11(5)(a)1
- HB 837 cut the period from four years to two — Chapter 2023-15 struck "An action founded on negligence" from the four-year subsection and added it to the two-year subsection. Ch. 2023-15, § 3, Laws of Fla.2
- Accrual date controls the old/new rule — "The amendments made by this act to s. 95.11, Florida Statutes, apply to causes of action accruing after the effective date of this act." Ch. 2023-15, § 28, Laws of Fla.2 The act took effect "upon becoming a law" and was approved by the Governor March 24, 2023. Ch. 2023-15, § 31, Laws of Fla.2 Negligence claims that accrued on or before that date keep the former four-year period.
- Section 28 displaces the act's general filing-date rule — the act otherwise applies "to causes of action filed after the effective date," but only "[e]xcept as otherwise expressly provided in this act"; § 28 is that express provision for § 95.11. Ch. 2023-15, § 30, Laws of Fla.2
- Numbering has shifted — the 2023 act placed negligence at § 95.11(4)(a); the 2026 Florida Statutes list it at (5)(a), with (4) now a three-year period for certain medical-debt collection actions. Authorities citing § 95.11(4)(a) for negligence refer to the same provision. Fla. Stat. § 95.11(4)1
- Related two-year claims — wrongful death is also two years Fla. Stat. § 95.11(5)(e)1, and medical malpractice "shall be commenced within 2 years" of the incident or its discovery, subject to a 4-year outer limit with a minor-child exception. Fla. Stat. § 95.11(5)(c)1
Practice notes
- Pre-change claims are expiring — a claim that accrued just before March 24, 2023 runs under the four-year period into early 2027, so pin down the accrual date before relying on either period. Ch. 2023-15, § 28, Laws of Fla.2
- Servicemember parties — actions involving a servicemember party are subject to s. 250.5201 and the Servicemembers Civil Relief Act provisions cross-referenced in the statute. Fla. Stat. § 95.11(13)1