United States · Florida limitation periods
When must a covered Florida ordinary intentional-tort action be commenced?
Section 95.11(3)(n) gives four years for its stated ordinary intentional torts, subject to the referenced exceptions. Abuse-based claims, specified acts involving victims under sixteen, intentional death and separately listed torts need their own classification. This calculator covers the ordinary four-year branch after established accrual.
- Period
- Four calendar years in the covered ordinary branch
- Trigger
- Established ordinary intentional-tort accrual date
- Rule
- 2026 Florida Statutes section 95.11(3)(n)
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 intentional tort rather than using intent as the only classification.
Check the separately listed actions and the express subsection references.
Establish legal accrual and exclude a separately governed abuse, under-sixteen or intentional-death category.
2026 Florida Statutes section 95.11(3)(n)How does Florida treat this limitation?
- Identify the actual intentional tort rather than using intent as the only classification.
- 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 ordinary paragraph (3)(n) category only after checking the specific tort and statutory exceptions. Establish its actual legal accrual separately. The legally established event is 2023-08-02. No tolling, different statutory category, additional clerk holiday or changed court direction applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | Established ordinary intentional-tort accrual date | August 2, 2023 |
| Applicable period | Four calendar years in the covered ordinary 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?
- Expressly listed categories can change the period
- Paragraph (3)(n) excepts subsections (5), (6) and (8). Libel or slander has its own two-year paragraph, while abuse-based intentional torts compare the endpoints stated in subsection (8). Intent alone does not select four years.
- Specified under-sixteen and intentional-death acts have separate treatment
- Subsection (10) permits its specified under-sixteen actions at any time, except those already barred on or before July 1, 2010. Subsection (11) separately addresses the stated intentional-death action against a natural person. Establish the actual statutory facts before deciding either exception applies.
- 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 covered Florida ordinary intentional-tort action be commenced?
Does an intentional act always supply four years?
No. The statute lists separate categories and exceptions, including libel, abuse and specified intentional-death actions.
2026 Florida Statutes section 95.11(3)(n),(5)(h),(8),(11)Does an abuse claim receive four years from any chosen event?
No. Subsection (8) compares differently sized majority, dependency and discovery endpoints.
2026 Florida Statutes section 95.11(8)Can this decide an under-sixteen exception?
No. Establish the specified act, actual age and statutory prior-bar condition separately.
2026 Florida Statutes section 95.11(10)Official Florida limitation sources and review
Provisions used (14)
| Provision | Purpose |
|---|---|
| 2026 Florida Statutes section 95.11(3)(n) | The responsible actor, actual event and stated procedural period |
| 2026 Florida Statutes section 95.11(3)(n),(5)(h),(8) | Expressly listed categories can change the period |
| 2026 Florida Statutes section 95.11(10),(11) | Specified under-sixteen and intentional-death acts have separate treatment |
| 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 |