Written Contract · Statute of Limitations
Deadline to Sue Over a Contract in Florida
How long you have to sue over a broken written contract in Florida, the statute of limitations, plus when the clock starts, the shorter deadline for oral contracts, and the four-year UCC rule for a sale of goods. Cited to the statute.
How the deadline works in Florida
When the clock starts, whether a discovery rule can delay it, and the deadlines that differ for oral contracts and a sale of goods.
| How the clock works | In Florida | What it means |
|---|---|---|
| Standard deadline | 5 years | The general limitations period to file a written-contract claim. |
| When it starts | Accrual | The five years runs from when the cause of action accrues, meaning when the last element, the breach, occurs. Florida measures from the breach, not from discovery, for ordinary written contracts. |
| Discovery rule | No general rule | No general discovery rule for breach of a written contract. The clock runs from the breach even if you find out later. Florida does apply discovery rules to specific categories such as fraud and professional malpractice, but not to ordinary contracts. |
| Statute of repose | None | No separate repose for general written contracts; the five-year period runs from breach. A separate construction repose exists elsewhere in §95.11, but it is not the general contract clock. |
| Statute | Fla. Stat. §95.11(2)(b) | The controlling statute for the limitations period. Read the full text through the source link below. |
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Oral or unwritten contract | 4 years | A contract not founded on a written instrument is four years under §95.11(3)(j), which also expressly covers "the sale and delivery of goods, wares, and merchandise, and store accounts." So Florida’s written-versus-oral gap is five years against four. |
| Sale of goods (UCC) | 4 years | A genuine sale-of-goods dispute is governed by Florida’s UCC, §672.725, at four years from breach regardless of your knowledge, and may be shortened by agreement to no less than one year. The oral catch-all in §95.11(3)(j) also references goods, so confirm which the page should cite for your deal. |
| Note or written evidence of debt | 5 years | A promissory note or other obligation founded on a written instrument falls under the five-year written-contract period at §95.11(2)(b), the same as an ordinary written contract. |
What you can do right now
Concrete, neutral steps if a contract was broken in Florida and the clock is running. This is legal information, not legal advice.
- Fix the breach date and confirm the contract is written
Write down when the other side broke the agreement, and confirm you have a signed writing. In Florida a written contract carries five years, but an oral one is only four, so the form of the contract matters.
- Do not wait for a discovery rule to save an old claim
Florida runs the contract clock from the breach, not from when you found out. There is no general discovery rule for ordinary written contracts, so count from the breach itself.
- If goods were sold, check the UCC clock
A sale of goods is governed by §672.725, a separate four-year rule that accrues at delivery regardless of your knowledge. Confirm whether your deal is a sale of goods rather than a services or general contract.
- Talk to a Florida attorney before the deadline
Whether a contract is written, and when it was breached, decide your deadline. A licensed Florida attorney can confirm it. The Florida Bar can refer you to one.
A limitations deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.
→ The Florida Bar — Lawyer Referral ServiceThis is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What Florida contract claimants get wrong
Florida gives written contracts a generous five years, but the trap is assuming every agreement gets it. A contract "founded on a written instrument" carries five years under §95.11(2)(b), while one that is not founded on a writing gets only four under §95.11(3)(j). That one-year gap turns on whether your deal counts as written. The clock runs from the breach, not from when you discovered it, because Florida applies no general discovery rule to ordinary contracts. A 2023 tort-reform law reorganized and renumbered §95.11, cutting the general negligence deadline, but it did not change the contract periods: written stayed five years and oral stayed four, though the subsection letters moved. A sale of goods runs on the UCC at four years under §672.725, and the oral catch-all also references goods, so a genuine goods dispute should be checked against the right statute. If a breach is nearing the deadline, confirm the form of the contract first.
Common questions
What is the statute of limitations on a written contract in Florida?
Five years from the breach, under §95.11(2)(b), for a contract founded on a written instrument. The clock runs from when the contract was broken, not from when you discovered the breach.
How long do I have to sue on an oral contract in Florida?
Four years, under §95.11(3)(j), one year less than a written contract. That subsection also covers the sale and delivery of goods and store accounts, so whether your deal is written can change the deadline.
Did the 2023 Florida tort reform change the contract deadline?
It renumbered subsections of §95.11 and cut the general negligence period, but reporting confirms it did not change the contract periods. Written contracts stayed at five years and oral at four, at §95.11(2)(b) and (3)(j).
Is a contract to buy goods still five years in Florida?
No. A sale of goods runs on the UCC, §672.725, at four years from breach regardless of your knowledge, not the five-year written-contract period. Confirm whether your deal is a genuine sale of goods.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.