Florida Statute 775.15 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.15

775.15 Time limitations; general time limitations; exceptions.—

(1) A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. If the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all crimes designated as capital felonies shall be considered life felonies for the purposes of this section, and prosecution for such crimes may be commenced at any time.

(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:

(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.

(b) A prosecution for any other felony must be commenced within 3 years after it is committed.

(d) A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed.

(3) An offense is committed either when every element has occurred or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant’s complicity therein is terminated. Time starts to run on the day after the offense is committed.

(4)(a) Prosecution on a charge on which the defendant has previously been arrested or served with a summons is commenced by the filing of an indictment, information, or other charging document.

(b) A prosecution on a charge on which the defendant has not previously been arrested or served with a summons is commenced when either an indictment or information is filed, provided the capias, summons, or other process issued on such indictment or information is executed without unreasonable delay. In determining what is reasonable, inability to locate the defendant after diligent search or the defendant’s absence from the state shall be considered. The failure to execute process on or extradite a defendant in another state who has been charged by information or indictment with a crime in this state shall not constitute an unreasonable delay.

(c) If, however, an indictment or information has been filed within the time period prescribed in this section and the indictment or information is dismissed or set aside because of a defect in its content or form after the time period has elapsed, the period for commencing prosecution shall be extended 3 months from the time the indictment or information is dismissed or set aside.

(5) The period of limitation does not run during any time when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state. This provision shall not extend the period of limitation otherwise applicable by more than 3 years, but shall not be construed to limit the prosecution of a defendant who has been timely charged by indictment or information or other charging document and who has not been arrested due to his or her absence from this state or has not been extradited for prosecution from another state.

(6) A prosecution for perjury in an official proceeding that relates to the prosecution of a capital felony may be commenced at any time.

(7) A prosecution for a felony that resulted in injury to any person, when such felony arises from the use of a “destructive device,” as defined in s. 790.001, may be commenced within 10 years.

(8) A prosecution for a felony violation of chapter 517 or s. 409.920 must be commenced within 5 years after the violation is committed.

(9) A prosecution for a felony violation of chapter 403 must be commenced within 5 years after the date of discovery of the violation.

(10)(a) A prosecution for a felony violation of s. 817.5695, s. 825.102, or s. 825.103 must be commenced within 5 years after it is committed.

(b) If the period prescribed in paragraph (a) has expired, a prosecution may nevertheless be commenced for any offense, a material element of which is either fraud or a breach of fiduciary obligation, within 5 years after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense.

(11) A prosecution for a felony violation of s. 440.105 or s. 817.234 must be commenced within 5 years after the violation is committed.

(12) If the period prescribed in subsection (2), subsection (8), subsection (9), subsection (10), or subsection (11) has expired, a prosecution may nevertheless be commenced for:

(a) Any offense, a material element of which is either fraud or a breach of fiduciary obligation, within 1 year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than 3 years.

(b) Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment, within 2 years from the time he or she leaves public office or employment, or during any time permitted by any other part of this section, whichever time is greater.

(13)(a) If the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995, s. 800.04, s. 826.04, or s. 847.0135(5) is under the age of 18, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of 18 or the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the state attorney for the judicial circuit in which the alleged violation occurred. If the offense is a first or second degree felony violation of s. 794.011, and the offense is reported within 72 hours after its commission, the prosecution for such offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before December 31, 1984.

(b) If the offense is a first degree felony violation of s. 794.011 and the victim was under 18 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before October 1, 2003.

(c) If the offense is a violation of s. 794.011 and the victim was under 16 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before July 1, 2010.

(14)(a) A prosecution for a first or second degree felony violation of s. 794.011, if the victim is 16 years of age or older at the time of the offense and the offense is reported to a law enforcement agency within 72 hours after commission of the offense, may be commenced at any time.

(b) Except as provided in paragraph (a) or paragraph (13)(b), a prosecution for a first or second degree felony violation of s. 794.011, if the victim is 16 years of age or older at the time of the offense, must be commenced within 8 years after the violation is committed. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before July 1, 2015.

(15)(a) In addition to the time periods prescribed in this section, a prosecution for any of the following offenses may be commenced within 1 year after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused:

1. An offense of sexual battery under chapter 794.

2. A lewd or lascivious offense under s. 800.04 or s. 825.1025.

(b) This subsection applies to any offense that is not otherwise barred from prosecution between July 1, 2004, and June 30, 2006.

(16)(a) In addition to the time periods prescribed in this section, a prosecution for any of the following offenses may be commenced at any time after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused:

1. Aggravated battery or any felony battery offense under chapter 784.

2. Kidnapping under s. 787.01 or false imprisonment under s. 787.02.

3. An offense of sexual battery under chapter 794.

4. A lewd or lascivious offense under s. 800.04, s. 825.1025, or s. 847.0135(5).

5. A burglary offense under s. 810.02.

6. A robbery offense under s. 812.13, s. 812.131, or s. 812.135.

7. Carjacking under s. 812.133.

8. Aggravated child abuse under s. 827.03.

(b) This subsection applies to any offense that is not otherwise barred from prosecution on or after July 1, 2006.

(17) In addition to the time periods prescribed in this section, a prosecution for digital voyeurism in violation of s. 810.145 may be commenced within 1 year after the date on which the victim of digital voyeurism obtains actual knowledge of the existence of such a recording or the date on which the recording is confiscated by a law enforcement agency, whichever occurs first. Any dissemination of such a recording before the victim obtains actual knowledge thereof or before its confiscation by a law enforcement agency does not affect any provision of this subsection.

(18) If the offense is a violation of s. 800.04(4) or (5) and the victim was under 16 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time, unless, at the time of the offense, the offender is less than 18 years of age and is no more than 4 years older than the victim. This subsection applies to an offense that is not otherwise barred from prosecution on or before October 1, 2014.

(19) A prosecution for a violation of s. 787.06 may be commenced at any time. This subsection applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before October 1, 2014.

(20) If a victim is younger than 18 years of age at the time the offense was committed, a prosecution for a violation of s. 794.011 may be commenced at any time. This subsection applies to an offense that is committed on or after July 1, 2020.

(21) In addition to the time periods prescribed in this section, a prosecution for any offense under s. 827.071(2) or (3), if the offender was 18 years of age or older at the time of the offense, may be commenced at any time. This subsection applies to any offense that is not otherwise barred from prosecution on or before July 1, 2022.

History.—s. 78, Feb. 10, 1832; s. 1, ch. 4915, 1901; RS 2357; GS 3181, 3182; RGS 5011, 5012; CGL 7113, 7114; s. 1, ch. 16962, 1935; s. 10, ch. 26484, 1951; s. 109, ch. 70-339; s. 10, ch. 74-383; s. 1, ch. 76-275; s. 1, ch. 77-174; s. 12, ch. 78-435; s. 6, ch. 84-86; s. 1, ch. 84-550; s. 10, ch. 85-63; s. 4, ch. 89-143; s. 2, ch. 90-120; s. 2, ch. 91-258; s. 16, ch. 93-156; s. 17, ch. 95-158; s. 139, ch. 95-418; s. 1, ch. 96-145; s. 3, ch. 96-280; s. 3, ch. 96-322; s. 4, ch. 96-409; s. 1, ch. 97-36; s. 1, ch. 97-90; s. 1812, ch. 97-102; s. 1, ch. 97-104; s. 17, ch. 98-174; s. 7, ch. 99-201; s. 5, ch. 99-204; s. 3, ch. 2000-246; s. 1, ch. 2001-102; s. 1, ch. 2002-168; s. 1, ch. 2003-116; s. 1, ch. 2004-94; s. 1, ch. 2005-110; s. 1, ch. 2006-266; s. 15, ch. 2008-172; s. 2, ch. 2010-54; s. 6, ch. 2011-220; s. 2, ch. 2014-4; s. 6, ch. 2014-160; s. 2, ch. 2015-133; s. 30, ch. 2016-24; s. 2, ch. 2020-81; s. 6, ch. 2022-169; s. 1, ch. 2022-170; s. 2, ch. 2023-133; s. 6, ch. 2024-132.

Note.—Former ss. 932.05, 932.06, 915.03, 932.465.

F.S. 775.15 on Google Scholar

F.S. 775.15 on Casetext

Amendments to 775.15

Arrestable Offenses / Crimes under Fla. Stat. 775.15

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 775.15.

Annotations, Discussions, Cases:

Cases Citing Statute 775.15

Total Results: 20

AMBER MARIE MORREALE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-15T00:00:00-07:00

Snippet: executed without unreasonable delay. See § 775.15, Fla. Stat. Here, a detainer was placed on…2d 611, 612 (Fla. 2d DCA 2007). Section 775.15(4)(b) provides: A prosecution on a charge… absence from the state shall be considered. § 775.15(4)(b), Fla. Stat. (2018). Morreale argues that …equivalent of the process contemplated by section 775.15. She argues the trial court erred in denying her…equivalent of the process contemplated by section 775.15(4)(b). See Lett v. State, 837 So. 2d 614, 615 (

KENNETH WAYNE BOWERS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-12T00:00:00-08:00

Snippet: count is barred by the statute of limitations. § 775.15(2)(b), Fla. Stat. (2022); cf. Collazo v. State,…expired, prosecution is not barred based on section 775.15(16)(a)5., Florida Statutes (2022), because Bowers…Bowers was identified with DNA. Section 775.15(16)(a)5. provides: [A] prosecution for [a burglary offense

ADRIENNE NICOLE WHITTAMORE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-21T00:00:00-08:00

Snippet: is unavailing because, while sections 775.15(4)(b) and 775.15(5) address similar matters related to the… state.” § 775.15(5), Fla. Stat. Different than the relation back allowed by section 775.15(4)(b), section…required by section 775.15(4)(b). Yet, Whittamore argues that under section 775.15(5) the State was required—and…established by the statute of limitations in section 775.15, Florida Statutes (2020). We have jurisdiction.…work within the state, as contemplated by section 775.15(5), Florida Statutes. During hearing on the

FRANTZY JEAN-MARIE v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-01T00:53:00-07:00

Snippet: RICO charge included multiple homicides. Section 775.15(1), Florida Statutes (2003), which prescribes …on “a felony that resulted in a death,” section 775.15(1) governs the relevant time limitations rather… Jean-Marie nonetheless argues that section 775.15(1) cannot apply here because the statutory amendment…felony that resulted in death” language to section 775.15 and providing that amendment will take effect …section 895.05(10) and, through the clear language of 775.15(1), intended to remove that limitation in the

Billy Jim Sheppard, Jr. v. State of Florida & SC20-422 Billy Jim Sheppard, Jr. v. Ricky D. Dixon, etc.

Court: Fla. | Date Filed: 2022-03-09T23:53:00-08:00

Snippet: his testimony at Sheppard’s 2012 trial. See § 775.15(6), Fla. Stat. (2020) (“A prosecution for perjury…trial.” The Court in Lightbourne relied on section 775.15(2)(b), Florida Statutes (1991), which, at the time…in 1997, the Florida Legislature amended section 775.15 to say, “A prosecution for perjury in an official…Ch. 97-90, § 1, at 514, Laws of Fla. (amending § 775.15(1)(b), Fla. Stat. (Supp. 1996)). The statute has…renumbered, but the language remains the same. See § 775.15(6), Fla. Stat. (2020).

FABIO MATOS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-12-14T23:53:00-08:00

Snippet: prosecution. § 775.15(2)(c), Fla. Stat. (2018). The trial court also noted section 775.15(4)(b) provides…Procedure 3.190(b). Counsel argued that section 775.15(2)(c), Florida Statutes, requires the prosecution…came back unserved. The trial court noted section 775.15(2)(c) provides that prosecution for a first-degree…is executed without unreasonable delay. § 775.15(4)(b), Fla. Stat. (2018). However, the trial court…proceedings. Based on the administrative order, section 775.15(4)(b), and rule 3.191, the trial court denied the

DANI SHIMON v. R.B.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-02-02T23:53:00-08:00

Snippet: the prosecution “may be commenced at any time.” § 775.15(13)(a). 2 A notation in a police report that

STATE OF FLORIDA v. PASCAL ESTIME

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-18T23:53:00-08:00

Snippet: reconsider ruling. We reverse, finding that section 775.15(16)(a)3., Florida Statutes (2006), extends the …prosecution. He noted that under section 775.15(2)(a), Florida Statutes (2004), the SOL for the…date of the offense. He recognized that section 775.15(16)(a)3., Florida Statutes (2006) 1, extends the…In 2006, the Florida legislature amended section 775.15, adding subsection (16)(a). This subsection is …offense of sexual battery under chapter 794. § 775.15(16)(a)3., Fla. Stat. (emphasis added). The defendant

Luis Born-Suniaga v. State of Florida

Court: Fla. | Date Filed: 2018-10-15T00:00:00-07:00

Citation: 256 So. 3d 783

Snippet: prosecution of a misdemeanor," and section 775.15(2)(b), Florida Statutes (2014), grants the State…to a defendant. This is accomplished by section 775.15(4)(b), which provides that the filing of an information…in a death may be commenced at any time." § 775.15(1). There is no way to know how many times

STATE OF FLORIDA v. TASHANE M. CHANTILOUPE

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-06T00:53:00-07:00

Snippet: actions resides with the legislature. See, e.g., § 775.15, Fla. Stat. (2017). But when the legislature intends

Leo C. Bettey Jr. v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-18T00:53:00-07:00

Snippet: of limitations for capital sexual battery. See § 775.15(1), Fla. Stat. (2012).

State of Florida v. Earvin Smith

Court: Fla. | Date Filed: 2018-04-12T00:00:00-07:00

Citation: 241 So. 3d 53

Snippet: of jurisdiction. See generally § 775.15, Fla. Stat. (2017) ; § 775.15, Fla. Stat. (Supp. 1990). While …four-year limitations period provided in section 775.15(2)(a), Florida Statutes *55(Supp. 1990).1 Smith…LEWIS, J., concurs in result. Although section 775.15 now contains a tolling provision for burglary cases… ch. 2006-266, § 1, Laws of Fla., codified at § 775.15(16)(a), Fla. Stat. (2006) ; Lawson v. State , 51…there is no statute of limitations, see section 775.15(1) ), Florida Statutes (1990)) given that Smith

Brown v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-18T00:53:00-07:00

Snippet: to lewd or lascivious sexual battery (section 775.15(2)(b), Florida Statutes).3 Specifically, Count

DAVID TIMOTHY CURRY v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2017-09-06T00:00:00-07:00

Citation: 227 So. 3d 628

Snippet: date the crime was committed. See § 775.15(2)(b), Fla. Stat. (2004). However, the limitations…in which the alleged violation occurred. § 775.15(7)(a), Fla. Stat. (2004). Appellant moved …governmental agency within the meaning of section 775.15, Florida Statutes, the trial court concluded that…Office. Under the plain language of Section 775.15(7)(a), Florida Statutes (2004), the statute of …explaining that, under an earlier version of section 775.15(7), “because the crimes were reported to a ‘law

& SC13-2112 Corey Smith v. State of Florida and Corey Smith v. Julie L. Jones, etc.

Court: Fla. | Date Filed: 2017-03-16T00:00:00-07:00

Citation: 213 So. 3d 722

Snippet: (4) the application of the amendment to section 775.15, Florida Statutes … Smith contends that the application of section 775.15(2)(b), which extended the statute of limitations…, 1996, the Florida Legislature amended section 775.15 and provided that a prosecution for “a felony …capital . . . felony may be commenced at any time.” § 775.15(1), Fla. Stat. (1995). “[M]anslaughter as a lesser

Willie Crockett v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-08T23:53:00-08:00

Snippet: question I would answer in the negative under section 775.15(5)(b), Florida Statutes (2004), as explained in

Guzman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-21T00:00:00-08:00

Citation: 211 So. 3d 204, 2016 Fla. App. LEXIS 18675

Snippet: the offense in this case, April 15, 2001, section 775.15(5)(b), Florida Statutes (2001) (en *207 …commencing a second degree felony prosecution, § 775.15(2)(b), Fla. Stat. (2001), Count 2 in the April …subject to a four-year statute of limitations. § 775.15(2)(a), Fla. Stat. (2001). Since the May 4, 2010…barred by the three-year statute of limitations. § 775.15(2)(b) (2001). As with Count 2, the continuation

Smith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-21T00:00:00-08:00

Citation: 211 So. 3d 176, 2016 Fla. App. LEXIS 18676

Snippet: of our present statute, section 775.15, Florida Statutes (2016): 775.15. Time limitations; general time…ascertainable place of abode or work within the state.” § 775.15(5). - Where the plain legislative purpose of the…defendant’s complicity therein is terminated.” § 775.15(3). - For offenses in which fraud is a material…of the offense by an aggrieved party. ... ”19 § 775.15(12)(a). - For sexual battery (chapter 794) and …preserved and available for testing by the accused.” § 775.15(15)(a).20 - For burglary offenses (section 810.02

Brian Michael Robinson v. State of Florida

Court: Fla. | Date Filed: 2016-11-17T00:00:00-08:00

Citation: 205 So. 3d 584, 41 Fla. L. Weekly Supp. 541, 2016 Fla. LEXIS 2531

Snippet: provisions of section 775.15, Florida Statutes (2008), which state: 775.15. Time limitations; general…the statute of limitations set forth in section 775.15, Florida Statutes (2008). *586 BACKGROUND…his prosecution. He contended that under section 775.15(2)(b), Florida Statutes (2008), the prosecution…tolled during the entire time. Pursuant to section 775.15(5), Florida Statutes, (2008), the State argued,…prosecuting him. The State countered that section 775.15(5), which provides a tolling of the statute of

Mathis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-14T00:00:00-08:00

Citation: 204 So. 3d 104, 2016 Fla. App. LEXIS 16914

Snippet: under section 775.15(13)(a).3 *109The State does not argue on appeal that section 775.15(13) is applicable…the purpose behind the enactment. Id. Section - 775.15(2)(a), Florida Statutes (2007), provides that a…commenced within three years after it is committed. § 775.15(2)(b), Fla. Stat. (2007). Appellant was first charged…December 5, 2002, and November 25, 2007. Section 775.15(13)(a), Florida Statutes (2007), provides that …of its assertion, the State relies upon section 775.15(16), Florida Statutes (2007), which provides as