Florida Statutes

Fla. Stat. § 95.03 (2025)

Contracts shortening time.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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95.03 Contracts shortening time.—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.

History.—ss. 1, 2, ch. 6465, 1913; RGS 2931; CGL 4651; s. 2, ch. 74-382.

Notes of Decisions

Cited in 42 cases (6 in the last 5 years), 1956–2023 · leading case: Raymond James Fin. Servs., Inc. v. Phillips, 126 So. 3d 186 (Fla. 2013).

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Raymond James Fin. Servs., Inc. v. Phillips, 126 So. 3d 186 (Fla. 2013). · cites it 7× “§ 95.03, Fla. Stat. (2005). If this Court interpreted the term “proceeding” to exclude arbitration, a person could easily avoid the protection of section 95.”

Elaine Hess, etc. v. Philip Morris USA, Inc., 175 So. 3d 687 (Fla. 2015). · cites it 3× “(2014), "run[ning] from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence,” § 95.03l(2)(a), Fla. Stat. 11 .In Kush , this Court interpreted section 95.”

Burroughs Corp. v. Suntogs of Miami, Inc., 472 So. 2d 1166 (Fla. 1985). · cites it 6× “Section 95.03, Florida Statutes (1975), provides as follows: 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.”

Sun Ins. Off., Ltd. v. Clay, 133 So. 2d 735 (Fla. 1961). · cites it 6× “2d 522 , did not decide the question of whether § 95.03 was, in fact, intended to apply to a contract of insurance issued in another state to a resident of such state, since it was of the opinion that, even if applicable, a violation of the due process clause of the federal…”

Avco Corp. v. Neff, 30 So. 3d 597 (Fla. 1st DCA 2010). · cites it 3× “…under this section shall be made with specificity and must be based upon substantial factual and legal support. § 95.03 l(2)(d), Fla. Stat.”

Suntogs of Miami, Inc. v. Burroughs Corp., 433 So. 2d 581 (Fla. 3d DCA 1983). · cites it 6× “Under Florida law, the above contract provision would be rendered void by Section 95.03, Florida Statutes (1975), declaring: 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…”

Maxcess, Inc. v. Lucent Tech., Inc., 433 F.3d 1337 (11th Cir. 2005). “See Fla. Stat. § 95.03 (“Any provision in a contract fixing the period of time within which an action aris *1341 ing out of the contract may be begun at a time less than that provided by the applicable statute of limitations is void.”

Clausnitzer v. Fed. Express Corp., 248 F.R.D. 647 (S.D. Fla. 2008). · cites it 2× “2005) (noting that in New York, courts recognize a contractual limitations period shorter than the statutory provision, but in Florida, Section 95.03, Florida Statutes, provides that any such contractual provision is void).”

Fireman's Fund Ins. Co. v. LEVINE & PARTNERS, PA, 848 So. 2d 1186 (Fla. 3d DCA 2003). · cites it 2× “Finally, the clause has no effect on the applicable statute of limitations for bringing suit on the policy and therefore is not barred by section 95.03, Florida Statutes (2001)("Any provision in a contract fixing the period of time within which an action arising out of the…”

Randall v. Lady of Am. Franchise Corp., 532 F. Supp. 2d 1071 (D. Minnesota 2007). “” Fla. Stat. Ann. § 95.03 (emphasis added).”

Langley v. Mp Spring Lake, LLC., 813 S.E.2d 441 (Ga. Ct. App. 2018). “"); Fla. Stat. § 95.03 ("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.”

Nat'l Fire Ins. Co. v. LJ Clark Const. Co., Inc., 579 So. 2d 743 (Fla. 4th DCA 1991). · cites it 3× “Section 95.03, Florida Statutes (1989), provides: Contracts shortening time.”

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