Florida Statute 95.03 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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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.

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Amendments to 95.03

Annotations, Discussions, Cases:

Cases Citing Statute 95.03

Total Results: 23

Maxcess, Inc. v. Lucent Technologies, Inc.

433 F.3d 1337, 2005 U.S. App. LEXIS 28740, 2005 WL 3527130

Court of Appeals for the Eleventh Circuit | Filed: Dec 27, 2005 | Docket: 266917

Cited 221 times | Published

limitations period. See Fla. Stat. § 95.03 (“Any provision in a contract fixing the period

Sun Insurance Office, Limited v. Clay

133 So. 2d 735

Supreme Court of Florida | Filed: Oct 18, 1961 | Docket: 1599930

Cited 75 times | Published

reads as follows: "(1) Are the provisions of Section 95.03 and 95.11 (3) Florida Statutes, making void

Aetna Casualty & Surety Company v. Enright

258 So. 2d 472, 1972 Fla. App. LEXIS 7257

District Court of Appeal of Florida | Filed: Feb 29, 1972 | Docket: 1236758

Cited 21 times | Published

to justify the application of Florida Statute § 95.03, F.S.A., voiding any contractual provision fixing

Burroughs Corp. v. Suntogs of Miami, Inc.

472 So. 2d 1166, 10 Fla. L. Weekly 370

Supreme Court of Florida | Filed: Jul 11, 1985 | Docket: 2518178

Cited 15 times | Published

genuine issue of fact on the fraud allegations. Section 95.03, Florida Statutes (1975), provides as follows:

Raymond James Financial Services, Inc. v. Phillips

126 So. 3d 186, 2013 Fla. LEXIS 2493, 2013 WL 2096252

Supreme Court of Florida | Filed: May 16, 2013 | Docket: 60236340

Cited 11 times | Published

the statutes. The next statutory provision, section 95.03, uses the term “action” and provides as follows:

Suntogs of Miami, Inc. v. Burroughs Corp.

433 So. 2d 581, 36 U.C.C. Rep. Serv. (West) 557

District Court of Appeal of Florida | Filed: May 31, 1983 | Docket: 1727507

Cited 9 times | Published

contract provision would be rendered void by Section 95.03, Florida Statutes (1975), declaring: Any provision

Fireman's Fund Ins. Co. v. LEVINE & PARTNERS, PA

848 So. 2d 1186, 2003 WL 21459013

District Court of Appeal of Florida | Filed: Jun 4, 2003 | Docket: 1309469

Cited 7 times | Published

on the policy and therefore is not barred by section 95.03, Florida Statutes (2001)("Any provision in a

WF Thompson Const. Co. v. SOUTHEASTERN PALM B., ETC.

174 So. 2d 410

District Court of Appeal of Florida | Filed: Apr 27, 1965 | Docket: 1714277

Cited 7 times | Published

on a contract under seal was twenty years. Section 95.03, Florida Statutes, F.S.A., provides: "All provisions

Quarty v. Insurance Company of North America

244 So. 2d 181, 1971 Fla. App. LEXIS 6992

District Court of Appeal of Florida | Filed: Feb 17, 1971 | Docket: 1531143

Cited 5 times | Published

occurred in North Carolina. Quarty contends that F.S. § 95.03, F.S.A., making void any provisions of a contract

NCNB NAT. BANK v. Aetna Cas. & Sur. Co.

477 So. 2d 579

District Court of Appeal of Florida | Filed: Aug 22, 1985 | Docket: 1320740

Cited 4 times | Published

twenty-four months to file, by operation of section 95.03, Florida Statutes, and the self-correcting provision

Life Sciences, Inc. v. Emery Air Freight Corp.

341 So. 2d 272, 1977 Fla. App. LEXIS 14977

District Court of Appeal of Florida | Filed: Jan 7, 1977 | Docket: 1393306

Cited 4 times | Published

(Fla.2d DCA 1976). Moreover, the provisions of Section 95.03, Florida Statutes (1971), which prohibit the

Foresman v. Eastern Steamship Corporation

177 So. 2d 887, 1965 A.M.C. 2254

District Court of Appeal of Florida | Filed: Jun 29, 1965 | Docket: 1424420

Cited 4 times | Published

circumstances, the limitation provisions provided by Section 95.03, Florida Statutes, F.S.A., do not apply. See

National Fire Ins. Co. v. LJ Clark Const. Co., Inc.

579 So. 2d 743, 1991 Fla. App. LEXIS 2967, 1991 WL 44982

District Court of Appeal of Florida | Filed: Apr 3, 1991 | Docket: 1728612

Cited 3 times | Published

DCA), cert. denied, 180 So.2d 659 (Fla. 1965). Section 95.03, Florida Statutes (1989), provides: Contracts

KATRINA BUSHNELL v. PORTFOLIO RECOVERY ASSOC., L L C

255 So. 3d 473

District Court of Appeal of Florida | Filed: Sep 14, 2018 | Docket: 7877934

Cited 2 times | Published

'aris[es] out of [a] contract' for purposes of § 95.03 when that non-contract claim could only arise

Clausnitzer v. Federal Express Corp.

248 F.R.D. 647, 2008 U.S. Dist. LEXIS 25005, 2008 WL 1733660

District Court, S.D. Florida | Filed: Feb 28, 2008 | Docket: 66033547

Cited 2 times | Published

than the statutory provision, but in Florida, Section 95.03, Florida Statutes, provides that any such contractual

SOUTHWEST FLA. RETIREMENT CTR., INC. v. Fed. Ins. Co.

682 So. 2d 1130

District Court of Appeal of Florida | Filed: Oct 9, 1996 | Docket: 1276343

Cited 2 times | Published

could there be a claim for delay damages. [6] § 95.03, Fla. Stat.

Arrow Beef Corp. v. SOUTH ATLANTIC & CARIB. L., INC.

280 So. 2d 43, 1973 Fla. App. LEXIS 7806, 1975 A.M.C. 1072

District Court of Appeal of Florida | Filed: Jul 10, 1973 | Docket: 1687508

Cited 2 times | Published

counterclaim, notwithstanding the provisions of § 95.03, Fla. Stat., F.S.A.[3] Coquette Originals, Inc

AASI Creditor Liquidating Trust ex rel. Welt v. Oracle USA, Inc. (In re All American Semiconductor, Inc.)

490 B.R. 418

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 25, 2013 | Docket: 65784987

Published

3d 1272, 1276 (11th Cir.2005). . Fla. Stat. § 95.03 provides that "[a]ny provision in a contract fixing

Rennoc, Inc. v. Merica, Burch & Dickerson, Inc.

914 So. 2d 1107, 2005 Fla. App. LEXIS 18812, 2005 WL 3180035

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 64840970

Published

reduction of the limitations period is invalid. § 95.03, Fla. Stat. The complaint’s factual allegations

Southwest Florida Retirement Center, Inc. v. Federal Insurance Co.

682 So. 2d 1130, 1996 Fla. App. LEXIS 10389

District Court of Appeal of Florida | Filed: Oct 9, 1996 | Docket: 64768995

Published

could there be a claim for delay damages. . § 95.03, Fla. Stat.

Guarantee Trust Life Insurance v. Fundora

343 So. 2d 71, 1977 Fla. App. LEXIS 15417

District Court of Appeal of Florida | Filed: Mar 1, 1977 | Docket: 64557455

Published

allowed by the general limitations statute? Section 95.03, Florida Statutes (1975), provides as follows:

Coquette Originals, Inc. v. Canadian Gulf Line of Florida, Inc.

240 So. 2d 847, 1970 Fla. App. LEXIS 5669

District Court of Appeal of Florida | Filed: Nov 17, 1970 | Docket: 64517403

Published

actions for damage to goods is three years. Under § 95.03 Fla.Stat., F.S.A., contractual provisions shortening

W. F. Thompson Construction Co. v. Southeastern Palm Beach County Hospital District

174 So. 2d 410, 1965 Fla. App. LEXIS 4545

District Court of Appeal of Florida | Filed: Apr 27, 1965 | Docket: 64492872

Published

on a contract under seal was twenty years. Section 95.03, Florida Statutes, F.S.A., provides: “All provisions

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 95 in the context of civil statutes of limitations and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.