A business owner discovers a vendor never delivered on a contract, or a former partner walked away with money that was never accounted for, and the instinct is to gather documents and build the strongest possible case. What often gets overlooked is a simpler question: is there still time to sue at all? Florida sets firm deadlines for filing a lawsuit, and once a deadline passes, the underlying merits of the claim generally stop mattering.
This article is general information, not legal advice. Deadlines depend on the specific facts of a claim. Please speak with an attorney promptly if you believe you have a dispute worth pursuing.
Florida Sets a Different Clock for Different Claims
Florida Statute Section 95.11 sets the statute of limitations, meaning the deadline to file a lawsuit, and the deadline depends on the type of claim. A breach of contract claim is treated differently than a claim based on negligence, and a written contract is treated differently than an oral one.
Written Contracts: Five Years
Under Section 95.11(2)(b), a legal or equitable action on a contract, obligation, or liability founded on a written instrument must be filed within five years of the breach. This is the deadline that applies to most signed vendor agreements, leases, and business contracts.
Oral Agreements: Four Years
Under Section 95.11(3)(j), a claim founded on a contract, obligation, or liability that is not in writing, including many informal business arrangements and handshake deals, must be filed within four years.
Negligence Claims: Now Two Years
Under Section 95.11(5)(a), a claim founded on negligence must be filed within two years. This is a significant change from prior law, which allowed four years for most negligence claims. The shorter deadline applies to causes of action accruing after March 24, 2023, under that year’s tort reform legislation, so older claims may still fall under the previous four year window depending on when the underlying conduct occurred.
When Does the Clock Start Running?
In most cases, the clock starts when the breach happens or when the harmful conduct occurs, not when the business owner happens to notice it. Waiting to investigate a suspected problem can quietly use up months or years of the filing window without anyone realizing it.
Why This Matters More Than It Seems
A strong case with clear damages and a documented breach can still be dismissed outright if it is filed even one day after the deadline. There is generally no exception for being busy, for hoping to resolve the dispute informally first, or for not having realized how much time had passed. If there is any chance a dispute could end up in litigation, it is worth having an attorney evaluate the timeline early, before a viable claim quietly expires.
Frequently Asked Questions
What if I am still trying to work things out with the other side?
Ongoing settlement talks do not automatically pause the statute of limitations. Unless there is a specific written agreement tolling the deadline, the clock keeps running while informal negotiations continue.
Does it matter when I found out about the problem?
For most contract and negligence claims in Florida, the deadline generally runs from when the breach or harm occurred, not from when it was discovered. Some limited exceptions exist for specific types of claims, so it is worth having an attorney confirm which deadline applies to your situation.
What happens if I miss the deadline?
A court will generally dismiss a lawsuit filed after the statute of limitations has expired, regardless of how strong the underlying claim is. This is why timing should be one of the first things evaluated when a business dispute arises.
Protect Your Business Before the Clock Runs Out
If you are dealing with a business dispute and are not sure how much time you have left to act, do not wait to find out. Call (239) 933-9404 or book a consultation. Learn more on our Civil & Business Litigation page, and see our related articles on the Florida civil litigation timeline, what happens when your business is served with a lawsuit, and whether it is worth suing.
EN 
ES