United States · Florida limitation periods
When must a Florida ordinary negligence action be commenced?
Section 95.11(5)(a) gives two years for an ordinary negligence action. Chapter 2023-15 section 28 applies its limitation amendment to causes accruing after March 24, 2023. Use the legally established accrual event. This calculator covers that two-year branch and does not determine when all elements existed.
- Period
- Two calendar years in the covered post-transition branch
- Trigger
- Established ordinary-negligence accrual date
- Rule
- 2026 Florida Statutes section 95.11(5)(a)
2026 Florida Statutes, retained 2022 edition, reviewed 2023 and 2024 laws, and current court compilations
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Which actual event starts this Florida limitation period?
Identify the actual ordinary-negligence cause and the applicable statutory edition.
Establish when the last element constituting that cause occurred under section 95.031(1).
Confirm the event belongs to the post-transition two-year branch before entering the date.
2026 Florida Statutes section 95.11(5)(a)How does Florida treat this limitation?
- Identify the actual ordinary-negligence cause and the applicable statutory edition.
- Establish the stated statutory category and its actual trigger first. Add the stated number of calendar years to its corresponding month and day. Apply the governing final-day treatment. Do not replace the legally established trigger with a later bill, demand, discovery or denial unless its governing provision supplies that event.
- Preserve each trigger, legally available tolling interval, applicable clerk calendar and actual filing receipt.
- Complete the required act with the proper court or recipient.
Use the corresponding calendar-year anniversary of the independently established event. Intermediate weekends, holidays and leap-year days do not convert a year into 365 working or calendar days. Rule 2.514(a)(1)(C),(5),(6) moves an ineligible final day to the next eligible day. Check the observed statutory holidays, additional clerk holidays and chief-justice directions. This ordinary limitation calculation does not extend repose or decide any tolling interval.
McBride v. Guzina, M.D. Fla., order, pages 29 and 30What do the independently derived facts show?
Fictitious example
Fictitious facts. Use the two-year ordinary-negligence branch only after establishing accrual after the 2023 transition. Exclude a different malpractice, government or special statutory procedure. The legally established event is 2025-08-02. No tolling, different statutory category, additional clerk holiday or changed court direction applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | Established ordinary-negligence accrual date | August 2, 2025 |
| Applicable period | Two calendar years in the covered post-transition branch | August 2, 2027 |
Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.
Try these dates in the calculatorWhich Florida limitation qualifications change the procedure?
- Earlier accrual uses a different edition
- Chapter 2023-15 section 28 applies this amendment to causes accruing after the effective date. The retained 2022 edition lists negligence within four years. Do not apply this two-year preset to a prior-accrued cause or treat the general filing transition as the specific accrual transition.
- The accident label does not decide legal accrual
- Section 95.031(1) uses the last element constituting the cause. This calculator accepts an independently established date. A later diagnosis or demand does not automatically replace accrual, and different medical or statutory categories need their own review.
- Tolling must be independently established
- Section 95.051 lists the permitted grounds and referenced laws. Absence, false name or concealment does not toll if sufficient jurisdictional service remains available. Minority and incapacity have stated conditions. This preset does not reconstruct tolling from negotiation, demand correspondence or a disputed factual interval.
- A foreign-barred cause requires a borrowing review
- Section 95.10 bars maintaining a cause that arose elsewhere when that jurisdiction already bars it through lapse of time. Preserve the actual place of accrual and governing law. A Florida calendar result does not revive that cause.
- This calculation does not decide the legal claim category, accrual, due diligence, tolling, an expired claim or valid commencement.
- Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.
What must be filed, served and preserved?
Questions about this Florida limitation act
When must a Florida ordinary negligence action be commenced?
Does every older negligence claim now have two years?
No. The 2023 amendment has a specific accrual transition. The earlier statutory edition listed four years.
Chapter 2023-15 section 28Does the calculator decide when my cause accrued?
No. Establish when the last element constituting the cause occurred under section 95.031(1).
2026 Florida Statutes section 95.031(1)Does medical negligence automatically use this preset?
No. Section 95.11 separately addresses medical malpractice and its discovery, repose and presuit procedure.
2026 Florida Statutes section 95.11(5)(c)Official Florida limitation sources and review
Provisions used (14)
| Provision | Purpose |
|---|---|
| 2026 Florida Statutes section 95.11(5)(a) | The responsible actor, actual event and stated procedural period |
| Chapter 2023-15 sections 28, 30 and 31 | Earlier accrual uses a different edition |
| 2026 Florida Statutes section 95.031(1) | The accident label does not decide legal accrual |
| 2026 Florida Statutes section 95.051(1),(2) | Tolling must be independently established |
| 2026 Florida Statutes section 95.10 | A foreign-barred cause requires a borrowing review |
| 2026 Florida Statutes section 95.11 | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 95.031(1) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 95.051(1),(2) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 95.10 | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.050 | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.525(b),(e) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.514(a)(4) | Applicable computation, filing, service and proof |
| McBride v. Guzina, M.D. Fla., order, pages 29 and 30 | Corresponding-year anniversary arithmetic, including intervening leap years |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |