Florida Statute 95.051 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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F.S. 95.051

95.051 When limitations tolled.—

(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 be served on the person to be sued.

(d) The adjudicated incapacity, before the cause of action accrued, of the person entitled to sue. In any event, the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action.

(e) Voluntary payments by the alleged father of the child in paternity actions during the time of the payments.

(f) The payment of any part of the principal or interest of any obligation or liability founded on a written instrument.

(g) The pendency of any arbitral proceeding pertaining to a dispute that is the subject of the action.

(h) The period of an intervening bankruptcy tolls the expiration period of a tax certificate under s. 197.482 and any proceeding or process under chapter 197.

(i) The minority or previously adjudicated incapacity of the person entitled to sue during any period of time in which a parent, guardian, or guardian ad litem does not exist, has an interest adverse to the minor or incapacitated person, or is adjudicated to be incapacitated to sue; except with respect to the statute of limitations for a claim for medical malpractice as provided in s. 95.11. In any event, the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action.

Paragraphs (a)-(c) shall not apply if service of process or service by publication can be made in a manner sufficient to confer jurisdiction to grant the relief sought. This section shall not be construed to limit the ability of any person to initiate an action within 30 days after the lifting of an automatic stay issued in a bankruptcy action as is provided in 11 U.S.C. s. 108(c).

(2) A disability or other reason does not toll the running of any statute of limitations except those specified in this section, s. 95.091, the Florida Probate Code, or the Florida Guardianship Law.

History.—s. 16, Nov. 10, 1828; ss. 14, 17, ch. 1869, 1872; RS 1284, 1285; GS 1715, 1716; RGS 2928, 2929; CGL 4648, 4649; s. 4, ch. 74-382; s. 2, ch. 75-234; s. 1, ch. 77-174; s. 3, ch. 86-266; s. 1, ch. 89-26; s. 1, ch. 90-105; s. 519, ch. 95-147; s. 1, ch. 2011-151.

Note.—Former ss. 95.05, 95.07.

F.S. 95.051 on Google Scholar

F.S. 95.051 on Casetext

Amendments to 95.051

Arrestable Offenses / Crimes under Fla. Stat. 95.051

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 95.051.

Annotations, Discussions, Cases:

Cases Citing Statute 95.051

Total Results: 20

Ortiz v. Winn-Dixie, Inc., Travelers Insurance, and Sedgwick CMS

Court: District Court of Appeal of Florida | Date Filed: 2024-12-23

Snippet: “toll” in the general limitations statute—section 95.051, Florida Statutes—and concluding the Legislature

Roxana Quintana v. Rodriguez Family Investment Partnership, LLLP, Etc.

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: of the mortgage.” 2 We also note that section 95.051, which provides that a statute of limitations is

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

Court: District Court of Appeal of Florida | Date Filed: 2024-09-06

Snippet: “Except as provided in subsection (2) and in s. 95.051 and elsewhere in these statutes, the time within

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

Court: Supreme Court of Florida | Date Filed: 2020-10-01

Snippet: 2d at 1185 (emphasis added). Section 95.051(1)(i), Florida Statutes (2019), provides:

SOUTHERN SPECIALTIES, INC. v. FARMHOUSE TOMATOES, INC

Court: District Court of Appeal of Florida | Date Filed: 2018-11-21

Citation: 259 So. 3d 869

Snippet: the statute of limitations pursuant to section 95.051(1)(f), Florida Statutes. Farmhouse filed an

D.H. v. Adept Community Services, Inc.

Court: Supreme Court of Florida | Date Filed: 2018-11-01

Citation: 271 So. 3d 870

Snippet: has not been adjudicated to be incapacitated. § 95.051(1)(h), Fla. Stat. (2006).5 The Twins argued their

R.R. v. New Life

Court: District Court of Appeal of Florida | Date Filed: 2018-05-14

Citation: 248 So. 3d 232

Snippet: to adopt Appellants' argument as to section 95.051(1)(i), Florida Statutes (2011), Appellants'

D.H. Ex Rel. R.H. v. Adept Community Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2017-04-05

Citation: 217 So. 3d 1072

Snippet: tolling for minors’ claims provided by section 95.051(l)(h) is inapplicable here. That disposition makes

Doe No. 3 v. Nur-Ul-Islam Academy, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2017-03-22

Citation: 217 So. 3d 85, 2017 WL 1076928, 2017 Fla. App. LEXIS 3777

Snippet: good law, because the legislature amended section 95.051, Florida Statutes, in 1990, six years after Drake

Deutsche Bank Trust Company Americas, Etc. v. Beauvais

Court: District Court of Appeal of Florida | Date Filed: 2016-04-13

Citation: 188 So. 3d 938, 2016 Fla. App. LEXIS 5584

Snippet: Section ,95.051(2) limits statute of limitations tolling to the reasons specified in section ,95.051(1)(a)-(i)

Hummer v. Adams Homes of Northwest Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-02-26

Citation: 198 So. 3d 750, 2016 Fla. App. LEXIS 2853, 2016 WL 746423

Snippet: ("Except as provided in subsection (2) and in s. 95.051 and elsewhere in these statutes, the time within

Jax Utilities Management, Inc. v. Hancock Bank, A Foreign Corp.

Court: District Court of Appeal of Florida | Date Filed: 2015-06-10

Citation: 164 So. 3d 1266

Snippet: subsection (2) [fraud and products liability] and in s. 95.051 [tolling] and elsewhere in these statutes, the

Elaine Hess, etc. v. Philip Morris USA, Inc.

Court: Supreme Court of Florida | Date Filed: 2015-04-02

Citation: 175 So. 3d 687, 40 Fla. L. Weekly Supp. 188, 2015 Fla. LEXIS 623, 2015 WL 1472319

Snippet: Stat.); tolling exceptions provided in section 95.051(l)(a)-(i), Florida Statutes (2013); and “elsewhere

Rubio v. Archdiocese of Miami, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2013-04-17

Citation: 114 So. 3d 279, 2013 WL 1629222, 2013 Fla. App. LEXIS 6039

Snippet: under the applicable statute of limitations. § 95.051, Fla. Stat. (2011). Rubio seeks to overcome the

Langley Ltd. Partnership v. School Board of Lake County

Court: District Court of Appeal of Florida | Date Filed: 2013-04-12

Citation: 113 So. 3d 995, 2013 WL 1482779

Snippet: statute of limitations for its 2010 claims. See § 95.051(2), Fla. Stat. (2011) (“A disability or other reason

M.J.O. Holding Corp. v. Heller

Court: District Court of Appeal of Florida | Date Filed: 2012-08-15

Citation: 97 So. 3d 864, 2012 WL 3329195, 2012 Fla. App. LEXIS 13547

Snippet: himself as Welt on September 19, 2003. Section 95.051(l)(b), Florida Statutes (2003), provides that the

Clark v. Estate of Elrod

Court: District Court of Appeal of Florida | Date Filed: 2011-04-01

Citation: 61 So. 3d 416, 2011 Fla. App. LEXIS 4498, 2011 WL 1198272

Snippet: Further, we fail to find any exception under section 95.051 that would toll the statute of limitations. Accordingly

Ramirez v. McCravy

Court: Supreme Court of Florida | Date Filed: 2010-05-20

Citation: 37 So. 3d 240, 35 Fla. L. Weekly Supp. 279, 2010 Fla. LEXIS 797, 2010 WL 1994654

Snippet: declaring that by enumerating eight grounds in section 95.051, the legislature has basically precluded application

McCole v. City of Marathon

Court: District Court of Appeal of Florida | Date Filed: 2010-04-21

Citation: 36 So. 3d 750, 2010 Fla. App. LEXIS 5254, 2010 WL 1565466

Snippet: otherwise barred by the statute of limitations. Section 95.051, Florida Statutes, enumerates eight specific grounds

Brown v. Nationscredit Financial Services Corp.

Court: District Court of Appeal of Florida | Date Filed: 2010-03-10

Citation: 32 So. 3d 661, 2010 Fla. App. LEXIS 2911, 2010 WL 786246

Snippet: running of the statute of limitations under section 95.051(1)(f), Florida Statutes.[2] The trial court granted