Chapter 95 — Chapter 95
24 sections in this chapter.
Fla. Stat. § 95.011 Applicability
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A civil action or proceeding, called “action” in this chapter, including one brought by the state, a public officer, a political subdivision of the state, a municipality, a public corporation or body corporate, or any agency or officer of any of them, or any other governmental au…
Fla. Stat. § 95.03 Contracts shortening time
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Any provision in a contract fixing the period of time within which an action arising out of the contract may be begun at a time less than that provided by the applicable statute of limitations is void.
Fla. Stat. § 95.031 Computation of time
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Except as provided in subsection (2) and in s. 95.051 and elsewhere in these statutes, the time within which an action shall be begun under any statute of limitations runs from the time the cause of action accrues.(1) A cause of action accrues when the last element constituting t…
Fla. Stat. § 95.04 Promise to pay barred debt
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An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged.
Fla. Stat. § 95.051 When limitations tolled
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(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:(a) Absence from the state of the person to be sued.(b) Use by the person to be sued of a false name that is unknown to the person entitled to sue so that process cannot …
Fla. Stat. § 95.091 Limitation on actions to collect taxes
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(1)(a) Except for taxes for which certificates have been sold, taxes enumerated in s. 72.011, or tax liens issued under s. 196.161 or s. 443.141, any tax lien granted by law to the state or any of its political subdivisions, any municipality, any public corporation or body politi…
Fla. Stat. § 95.10 Cause of action arising in another state
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When the cause of action arose in another state or territory of the United States, or in a foreign country, and its laws forbid the maintenance of the action because of lapse of time, no action shall be maintained in this state.
Fla. Stat. § 95.11 Limitations other than for the recovery of real property
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Actions other than for recovery of real property shall be commenced as follows:(1) WITHIN TWENTY YEARS.—An action on a judgment or decree of a court of record in this state.(2) WITHIN FIVE YEARS.—(a) An action on a judgment or decree of any court, not of record, of this state or …
Fla. Stat. § 95.111 Limitations after death of a person served by publication
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In all suits or actions when a decree pro confesso or default was duly entered against a defendant on whom constructive service was duly obtained and the defendant died after the entry of the decree pro confesso or default and before the entry of final decree or judgment, and the…
Fla. Stat. § 95.12 Real property actions
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No action to recover real property or its possession shall be maintained unless the person seeking recovery or the person’s ancestor, predecessor, or grantor was seized or possessed of the property within 7 years before the commencement of the action.
Fla. Stat. § 95.13 Real property actions; possession by legal owner presumed
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In every action to recover real property or its possession, the person establishing legal title to the property shall be presumed to have been possessed of it within the time prescribed by law. The occupation of the property by any other person shall be in subordination to the le…
Fla. Stat. § 95.14 Real property actions; limitation upon action founded upon title
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No cause of action or defense to an action founded on the title to real property, or to rents or service from it, shall be maintained unless:(1) The person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the a…
Fla. Stat. § 95.16 Real property actions; adverse possession under color of title
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(1) When the occupant, or those under whom the occupant claims, entered into possession of real property under a claim of title exclusive of any other right, founding the claim on a written instrument as being a conveyance of the property, or on a decree or judgment, and has for …
Fla. Stat. § 95.18 Real property actions; adverse possession without color of title
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(1) When the possessor has been in actual continued possession of real property for 7 years under a claim of title exclusive of any other right, but not founded on a written instrument, judgment, or decree, or when those under whom the possessor claims meet these criteria, the pr…
Fla. Stat. § 95.191 Limitations when tax deed holder in possession
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When the holder of a tax deed goes into actual possession of the real property described in the tax deed, no action to recover possession of the property shall be maintained by a former owner or other adverse claimant unless the action commenced is begun within 4 years after the …
Fla. Stat. § 95.192 Limitation upon acting against tax deeds
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(1) When a tax deed has been issued to any person under s. 197.552 for 4 years, no action shall be brought by the former owner of the property or any claimant under the former owner.(2) When a tax deed is issued conveying or attempting to convey real property before a patent has …
Fla. Stat. § 95.21 Adverse possession against lands purchased at sales made by executors
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The title of any purchaser, or the purchaser’s assigns, who has held possession for 3 years of any real or personal property purchased at a sale made by an executor, administrator, or guardian shall not be questioned because of any irregularity in the conveyance or any insufficie…
Fla. Stat. § 95.22 Limitation upon claims by remaining heirs, when deed made by one or more
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(1) When any person owning real property or any interest in it dies and a conveyance is made by one or more of the person’s heirs or devisees, purporting to convey, either singly or in the aggregate, the entire interest of the decedent in the property or any part of it, then no p…
Fla. Stat. § 95.231 Limitations where deed or will on record
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(1) Five years after the recording of an instrument required to be executed in accordance with s. 689.01; 5 years after the recording of a power of attorney accompanying and used for an instrument required to be executed in accordance with s. 689.01; or 5 years after the probate …
Fla. Stat. § 95.281 Limitations; instruments encumbering real property
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(1) The lien of a mortgage or other instrument encumbering real property, herein called mortgage, except those specified in subsection (5), shall terminate after the expiration of the following periods of time:(a) If the final maturity of an obligation secured by a mortgage is as…
Fla. Stat. § 95.35 Termination of contracts to purchase real estate in which there is no maturity date
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Whenever:(1) Any person contracts by written agreement to purchase real property before July 1, 1972, and the final maturity of the obligation is not ascertainable from the record of the contract, or accepts an assignment of such a contract, but(2) Even though the existence of th…
Fla. Stat. § 95.36 Dedications to municipalities or counties for park purposes
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(1) Dedications of land to municipalities or counties for park purposes that have been recorded for 30 years shall not be challenged by the dedicator or any other person when the land has been put to some municipal or county use during the period of dedication or has been conveye…
Fla. Stat. § 95.361 Roads presumed to be dedicated
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(1) When a road, constructed by a county, a municipality, or the Department of Transportation, has been maintained or repaired continuously and uninterruptedly for 4 years by the county, municipality, or the Department of Transportation, jointly or severally, the road shall be de…
Fla. Stat. § 95.371 Actions against real estate appraisers and appraisal management companies
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(1) For purposes of this section, the terms or phrases “appraisal services,” “appraisal management company,” “appraisal management services,” “appraiser,” “board,” and “department” have the same meanings as in s. 475.611.(2) An action to recover damages from an appraiser or appra…