United States · Florida limitation periods
How do Florida products-liability discovery and repose periods interact?
Sections 95.11(3)(d) and 95.031(2)(b) address the covered four-year products-liability discovery period. The same subsection supplies separate delivery-based repose rules and exceptions. Product class, warranted useful life, exposure, injury manifestation and proven concealment can change the comparison. This guide computes no complete filing date.
- Period
- Four-year discovery limitation compared with the applicable product-specific repose and exceptions
- Trigger
- Actual or due-diligence discovery, qualifying first delivery, product class, exposure or use, and injury manifestation
- Rule
- 2026 Florida Statutes section 95.031(2)(b)
2026 Florida Statutes and reviewed 2023 transition laws, with current civil and general practice compilations
Source guide · No automated date
Establish the complete Florida limitation or repose procedure
One discovery date cannot determine qualifying first delivery, product class, warranted life, delayed manifestation or specific concealment. The applicable limitation and repose need separate comparison. No computed or paid date is released.
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Which actual event starts this Florida limitation or repose period?
Identify the product and whether the actual claim falls within the covered personal-property injury category.
Establish when the claim facts were discovered or should have been discovered through due diligence.
Preserve first-delivery, purchaser or lessee status, exposure, warranty and manifestation records for the separate repose comparison.
2026 Florida Statutes section 95.031(2)(b)How does Florida treat this limitation or repose?
- Identify the product and whether the actual claim falls within the covered personal-property injury category.
- Establish each statutory clock, actual event, discovery and applicable exceptions. Compare the competing endpoints. This guide computes no date.
- Preserve each trigger, legally available tolling interval, applicable clerk calendar and actual filing receipt.
- Complete the required act with the proper court or recipient.
A period stated in years requires its corresponding calendar endpoint under the governing authority. A repose boundary can differ from a discovery-based limitation. Establish the applicable final-day rule, actual clerk calendar and any permitted tolling or extension. Rule 2.514 does not itself prove that a statutory repose has been extended. These conditional guides issue no calendar date.
2026 Florida Statutes section 95.031Why does this procedure need a separate comparison?
One discovery date cannot determine qualifying first delivery, product class, warranted life, delayed manifestation or specific concealment. The applicable limitation and repose need separate comparison. No computed or paid date is released.
Which Florida limitation or repose qualifications change the procedure?
- Discovery supplies the covered four-year clock
- Section 95.11(3)(d) addresses the stated injury claim involving personal property. Section 95.031(2)(b) uses actual or due-diligence discovery of the claim facts. The classification and discovery evidence require independent review. A purchase date or symptom date does not automatically establish the complete cause.
- First delivery and useful-life classification are separate
- The ordinary repose branch addresses harm caused by exposure or use more than twelve years after delivery to the qualifying first purchaser or lessee. The recipient must not be engaged in selling or leasing the product or using it as another product’s component. The statute separately treats specified products and express useful-life warranties.
- Timely exposure with later manifestation has a stated exception
- Paragraph (c) removes the paragraph (b) repose where exposure or use occurred within the repose period but the resulting injury manifested afterward. Preserve both events and their causal relationship. A late report alone does not establish the statutory exception.
- Concealment requires actual knowledge and affirmative acts
- Paragraph (d) addresses actual defect knowledge through the manufacturer’s specified officers, directors, partners or managing agents and affirmative concealment. A concealment claim must be specific and substantially supported. Maintaining trade-secret confidentiality does not itself qualify.
- Tolling requires an actual statutory ground
- Section 95.051 limits limitation tolling to its stated grounds and referenced laws. Absence, false name and concealment do not toll when sufficient jurisdictional service remains available. Incapacity and minority carry specific conditions and outer limits. Negotiation or a demand letter alone does not establish tolling. Repose requires its own governing treatment.
- An out-of-state cause can already be barred
- Section 95.10 prevents maintaining an action in Florida when the cause arose elsewhere and that jurisdiction bars it through lapse of time. Establish where the actual cause arose and its governing law. A Florida period does not automatically revive the foreign-barred cause.
- This guide does not decide legal accrual, due diligence, a statutory exception, an expired claim, valid filing or successful enforcement.
- 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 or repose act
How do Florida products-liability discovery and repose periods interact?
Does first purchase automatically start the discovery limitation?
The covered discovery limitation uses actual or due-diligence discovery of the claim facts. First delivery belongs to a separate repose comparison.
2026 Florida Statutes section 95.031(2)(b)Is every product subject to the same twelve-year boundary?
No. The paragraph contains product-class and useful-life branches. Establish the actual class and express warranty.
2026 Florida Statutes section 95.031(2)(b)1.–3.Does trade-secret confidentiality alone toll product repose?
Paragraph (d) expressly says maintaining trade-secret confidentiality does not constitute the required concealment.
2026 Florida Statutes section 95.031(2)(d)Official Florida limitation or repose sources and review
Provisions used (14)
| Provision | Purpose |
|---|---|
| 2026 Florida Statutes section 95.031(2)(b) | The responsible actor, actual event and stated procedural period |
| 2026 Florida Statutes section 95.031(2)(b) | Discovery supplies the covered four-year clock |
| 2026 Florida Statutes section 95.031(2)(b)1.–3. | First delivery and useful-life classification are separate |
| 2026 Florida Statutes section 95.031(2)(c) | Timely exposure with later manifestation has a stated exception |
| 2026 Florida Statutes section 95.031(2)(d) | Concealment requires actual knowledge and affirmative acts |
| 2026 Florida Statutes section 95.051(1),(2) | Tolling requires an actual statutory ground |
| 2026 Florida Statutes section 95.10 | An out-of-state cause can already be barred |
| 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 |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |