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United States · Florida limitation periods

When must a Florida action for specific performance of a contract be commenced?

Section 95.11(6)(a) gives one year for specific performance of a contract. Establish that actual remedy and its legal accrual before calculating. Subsection (7) preserves the application of laches at an earlier time according to law. The calendar endpoint does not establish entitlement to equitable relief.

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Period
One calendar year for the stated specific-performance category
Trigger
Established specific-performance accrual date
Rule
2026 Florida Statutes section 95.11(6)(a)
Florida limitation, repose, accrual and tolling statutes

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 contract and the specific performance sought.

Distinguish that remedy from an ordinary action seeking monetary contract relief.

Establish legal accrual and review whether laches can bar the action earlier under governing law.

2026 Florida Statutes section 95.11(6)(a)

How does Florida treat this limitation?

  1. Identify the actual contract and the specific performance sought.
  2. 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.
  3. Preserve each trigger, legally available tolling interval, applicable clerk calendar and actual filing receipt.
  4. 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 30

What do the independently derived facts show?

Fictitious example

Fictitious facts. Use this preset for the established specific-performance remedy. Determine legal accrual and any earlier laches issue independently. The result does not award or guarantee equitable relief. The legally established event is 2026-08-02. No tolling, different statutory category, additional clerk holiday or changed court direction applies.

Example counting steps
StepWhat is countedDate
Established eventEstablished specific-performance accrual dateAugust 2, 2026
Applicable periodOne calendar year for the stated specific-performance categoryAugust 2, 2027
Example resultAugust 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 calculator

Which Florida limitation qualifications change the procedure?

Different contract relief has separate categories
Paragraph (6)(a) addresses specific performance. Paragraph (2)(b) separately states the ordinary written-instrument category and paragraph (3)(j) the nonwritten category. The existence of a written contract does not replace the specific-performance period with five years.
Laches can matter before the calendar endpoint
Subsection (7) addresses the limitation for equitable actions concerning the same subject matter and expressly preserves laches at an earlier time according to law. A computed one-year date does not establish that delay is harmless or that equitable relief remains available.
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.
2026 Florida Statutes section 95.11(6)(a)
  • 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 action for specific performance of a contract be commenced?

Does a written contract give specific performance five years?

The statute separately states one year for specific performance. Classify the actual remedy rather than importing the ordinary written-instrument period.

2026 Florida Statutes section 95.11(6)(a),(2)(b)

Does filing within one year defeat every laches issue?

No. Subsection (7) expressly preserves the application of laches at an earlier time according to law.

2026 Florida Statutes section 95.11(7)

Does the calculator decide entitlement to performance?

No. It accepts the established remedy and accrual event. The legal entitlement and equitable defenses require separate review.

2026 Florida Statutes section 95.11(6)(a),(7)

Official Florida limitation sources and review

Provisions used (14)
Provisions used in this guide
ProvisionPurpose
2026 Florida Statutes section 95.11(6)(a)The responsible actor, actual event and stated procedural period
2026 Florida Statutes section 95.11(6)(a),(2)(b),(3)(j)Different contract relief has separate categories
2026 Florida Statutes section 95.11(7)Laches can matter before the calendar endpoint
2026 Florida Statutes section 95.051(1),(2)Tolling must be independently established
2026 Florida Statutes section 95.10A foreign-barred cause requires a borrowing review
2026 Florida Statutes section 95.11Applicable 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 95.10Applicable computation, filing, service and proof
Florida Rule of Civil Procedure 1.050Applicable 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 30Corresponding-year anniversary arithmetic, including intervening leap years
2026 Florida Statutes section 110.117(1)Observed statutory holidays and weekend substitutions
Read the current Florida limitation statute

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