Florida Statute 95.031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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F.S. 95.031

95.031 Computation of time.—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 the cause of action occurs. For the purposes of this chapter, the last element constituting a cause of action on an obligation or liability founded on a negotiable or nonnegotiable note payable on demand or after date with no specific maturity date specified in the note, and the last element constituting a cause of action against any endorser, guarantor, or other person secondarily liable on any such obligation or liability founded on any such note, is the first written demand for payment, notwithstanding that the endorser, guarantor, or other person secondarily liable has executed a separate writing evidencing such liability.

(2)(a) An action founded upon fraud under s. 95.11(3), including constructive fraud, must be begun within the period prescribed in this chapter, with the period running 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, instead of running from any date prescribed elsewhere in s. 95.11(3), but in any event an action for fraud under s. 95.11(3) must be begun within 12 years after the date of the commission of the alleged fraud, regardless of the date the fraud was or should have been discovered.

(b) An action for products liability under s. 95.11(3) must be begun within the period prescribed in this chapter, with the period running from the date that the facts giving rise to the cause of action were discovered, or should have been discovered with the exercise of due diligence, rather than running from any other date prescribed elsewhere in s. 95.11(3), except as provided within this subsection. Under no circumstances may a claimant commence an action for products liability, including a wrongful death action or any other claim arising from personal injury or property damage caused by a product, to recover for harm allegedly caused by a product with an expected useful life of 10 years or less, if the harm was caused by exposure to or use of the product more than 12 years after delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product. All products, except those included within subparagraph 1. or subparagraph 2., are conclusively presumed to have an expected useful life of 10 years or less.

1. Aircraft used in commercial or contract carrying of passengers or freight, vessels of more than 100 gross tons, railroad equipment used in commercial or contract carrying of passengers or freight, and improvements to real property, including elevators and escalators, are not subject to the statute of repose provided within this subsection.

2. Any product not listed in subparagraph 1., which the manufacturer specifically warranted, through express representation or labeling, as having an expected useful life exceeding 10 years, has an expected useful life commensurate with the time period indicated by the warranty or label. Under such circumstances, no action for products liability may be brought after the expected useful life of the product, or more than 12 years after delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product, whichever is later.

3. With regard to those products listed in subparagraph 1., except for escalators, elevators, and improvements to real property, no action for products liability may be brought more than 20 years after delivery of the product to its first purchaser or lessor who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product. However, if the manufacturer specifically warranted, through express representation or labeling, that the product has an expected useful life exceeding 20 years, the repose period shall be the time period warranted in representations or label.

(c) The repose period prescribed in paragraph (b) does not apply if the claimant was exposed to or used the product within the repose period, but an injury caused by such exposure or use did not manifest itself until after expiration of the repose period.

(d) The repose period prescribed within paragraph (b) is tolled for any period during which the manufacturer through its officers, directors, partners, or managing agents had actual knowledge that the product was defective in the manner alleged by the claimant and took affirmative steps to conceal the defect. Any claim of concealment under this section shall be made with specificity and must be based upon substantial factual and legal support. Maintaining the confidentiality of trade secrets does not constitute concealment under this section.

History.—s. 3, ch. 74-382; s. 1, ch. 75-234; s. 2, ch. 77-54; ss. 1, 2, ch. 78-289; s. 1, ch. 78-418; s. 1, ch. 80-280; s. 44, ch. 81-259; s. 10, ch. 85-80; s. 2, ch. 86-272; s. 2, ch. 90-105; s. 11, ch. 99-225; s. 20, ch. 2003-154.

F.S. 95.031 on Google Scholar

F.S. 95.031 on Casetext

Amendments to 95.031

Arrestable Offenses / Crimes under Fla. Stat. 95.031

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 95.031.

Annotations, Discussions, Cases:

Cases Citing Statute 95.031

Total Results: 20

LAD Commercial, LLC v. Eagle Trace at Vero Beach Homeowners' Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

Snippet: . 2d 997, 1000 (Fla. 2d DCA 2007)). Section 95.031, Florida Statutes (2019), provides that “the time…element constituting the cause of action occurs.” § 95.031(1), Fla. Stat. (2019). For attorney’s fees

Grand Harbor Community Association, Inc. v. GH Vero Beach Development, LLC, Bahadur

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

Snippet: begins to run when the cause of action accrues. § 95.031(1), Fla. Stat. (2020). “A cause of action accrues

Kenneth Marcantonio v. Carol Marcantonio Sansone, Individually and as Successor Trustee for the Joseph and Mary

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-30T00:00:00-07:00

Snippet: 767 So. 2d 1179, 1184–85 (Fla. 2000) (quoting § 95.031, Fla. Stat. (1987)). Here, a review of the Amended

Mario Zequeira v. MMPB Group, LLC, Etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-25T00:00:00-07:00

Snippet: s. 448.110” must be brought within 5 years); § 95.031(1), Fla. Stat. (“A cause of action accrues when

John W. Schmitz v. Dorothy Joan Schmitz

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-11T00:00:00-07:00

Snippet: element constituting the cause of action occurs.” § 95.031(1), Fla. Stat. However, causes of action “founded

Mark Kinchla, Individually and Mark 48, LLC v. Ran Investments, LLC, Kilgore Properties, LLC, Nanlann, Inc., Robert Pola, Newton Corner Condominium

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-06T00:00:00-07:00

Snippet: claim is governed by sections 95.11(2)(b), 95.031 and 95.031(1), which do not include a discovery rule.… from the time the cause of action accrues.” § 95.031, Fla. Stat. (2007). “A cause of action accrues …element constituting the cause of action occurs.” § 95.031(1). However, for “[a]n action founded upon fraud… 6 discovered. § 95.031(2)(a), (b). The Legislature also specified the …Furthermore, Nanlann does not contend that section 95.031(2), section 95.051, or any other statute altered

ENGELKE, I I I v. LOGAN, SMART COMMUNICATIONS PASCO, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-07T00:00:00-07:00

Snippet: constituting the cause of action occurs." § 95.031(1). The elements of a cause of action for

Universal Property & Casualty Insurance Corporation a/s/o Delores Senko v. Grove Isle at Vero Beach Condominium Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: constituting the cause of action occurs” (quoting section 95.031(1), Fla. Stat. (2005))). “Florida law is well

DELMARIE DONALD v. MRYLENE BARRERA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-10-25T00:00:00-07:00

Snippet: interest in any of the three corporations.3 See § 95.031(2)(a), Fla. 1 The corporations, co-appellees…by the applicable statutes of limitation. See §§ 95.031(2)(a), 95.11(3)(j), Fla. Stat. (2020) (fraud);

SLAVICA RAFFAY AND ATTILA RAFFAY v. LONGWOOD HOUSE CONDOMINIUM ASSOCIATION, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-20T00:00:00-07:00

Snippet: runs from the time the cause of action accrues. § 95.031, Fla. Stat. (2023). The filing of a complaint …element constituting the cause of action occurs.” § 95.031(1). For breach of contract claims, the cause of

JOHN DENNIS ENLOW AND LISA ENLOW vs E.C. SCOTT WRIGHT, P.A. AND MOLETTEIRE INJURY LAW, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-19T00:00:00-07:00

Snippet: constituting the [malpractice] cause of action occurs,’ § 95.031(1), Fla. Stat. (2002)—that is, the element of ‘

HOLLYWOOD PARK APARTMENTS SOUTH, LLC v. CITY OF HOLLYWOOD, FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-19T00:53:00-07:00

Snippet: element constituting the cause of action occurs.” § 95.031(1), Fla. Stat. (2016). Generally, “the applicable

KHULOUD HALUM, Personal Representative of the Estate of SALEH HALUM and KHULOUD HALUM, Individually v. ZF PASSIVE SAFETY SYSTEMS US, INC. f/k/a TRW VEHICLE SAFETY SYSTEMS, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-29T00:53:00-07:00

Snippet: barred by Florida’s statute of repose, section 95.031(2)(b), Florida Statutes (2016), we affirm. …barred by the statute of repose found in section 95.031(2)(b), because the accident occurred more than … who constituted a managing agent under section 95.031(2)(d), finding the employees in question were only…concealment of the claimed defect as required by section 95.031(2)(d). This appeal followed. The standard …3d DCA 2022). The statute of repose, section 95.031(2)(b), provides that a plaintiff may not “commence

ANTHONY J. IEMMA v. MARGARET HEICHBERGER, as Personal Representative of the ESTATE OF JOSEPH P. D'ANGELO and INGRID PALMER

Court: Fla. Dist. Ct. App. | Date Filed: 2022-12-20T23:53:00-08:00

Snippet: until written demand for payment is made. See § 95.031(1), Fla. Stat. (2002). See also In re Eddy, 572

IGOR MIKHAYLOV v. BILZIN SUMBERG BAENA PRICE & AXELROD LLP

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-07T00:53:00-07:00

Snippet: resolution of the bankruptcy petition. 4 Per section 95.031, Florida Statutes, “the time within which an action

EDWARD SCHNEIDERMAN, as Personal Representative of the ESTATE of LENORE TEPPER v. DANIELLE BAER, MERRITT BAER, and EAVLYN BAER

Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-08T23:53:00-08:00

Snippet: 102 So. 2d 139, 141–42 (Fla. 1958); see also §§ 95.031(2)(a), 95.11(3)(j), Fla. Stat. (2020). 3 Reversed

DR. MARC BIVINS v. CHARLES W. DOUGLAS, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-20T00:53:00-07:00

Snippet: causes of action that are specified in section 95.031, Florida Statutes, which includes claims of 5…Fla. 4th DCA 2005). 6 Appellants cite to section 95.031(2)(a) for the proposition that “in any event an

PHILIP MORRIS USA INC. v. EDWARD F. PRINCIPE

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-22T00:53:00-07:00

Snippet: years after 6 In pertinent part, section 95.031(1) of the Florida Statutes provides: “A cause of…irrespective of when the plaintiff’s injury occurs. § 95.031(2)(a), Fla. Stat. (2017). B. Florida’s statutes… fraud was or should have been discovered. § 95.031(2)(a), Fla. Stat. (2017) (emphasis added). …alleged fraud.” Hess, 175 So. 3d at 698 (quoting § 95.031(2), Fla. Stat.) (emphasis added). Therefore, to…the statute of repose bars Principe’s claims. § 95.031(2)(a), Fla. Stat. (2017). Principe identifies

R.R. v. New Life Community Church of CMA, Inc.

Court: Fla. | Date Filed: 2020-10-01T00:53:00-07:00

Snippet: limitations. They further argued that, under section 95.031(1), S.B.’s and R.R.’s claims accrued at the time… A. The Conflict Issue Section 95.031, Florida Statutes (2019), says that, “except as… the time the cause of action accrues.” Section 95.031(1) then goes on to say that “[a] cause of action…instead applied the statutory default rule of section 95.031(1), which says that a cause of action accrues …limitations must follow the default rule” of section 95.031(1). Id. at 1078. According to the Second District

PHILIP MORRIS USA INC. v. MICHAEL GENTILE

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-18T00:53:00-07:00

Snippet: the fraud was or should have been discovered.” § 95.031(2)(a), Fla. Stat. (2015). that certain comments