Deadlines

Florida's Two-Year Deadline for Premises Injury Claims After the 2023 Changes

By Rafael Recalde, Esq. • Recalde Law Firm, P.A. • October 9, 2026

If you were hurt on someone else's property in Florida, the most important number in your case may be a date: the last day to file a lawsuit. In 2023, Florida cut that deadline in half for most negligence claims. Here is which deadline applies to you and the special rules that can make it shorter in practice.

The 2023 Change: Four Years Became Two

Before 2023, an "action founded on negligence," which includes most slip and fall and other premises liability claims, had to be filed within four years under section 95.11(3)(a), Florida Statutes (2022). On March 24, 2023, the Governor signed House Bill 837, now chapter 2023-15, Laws of Florida. It moved negligence actions into the two-year category. Today that rule is in section 95.11(5)(a), Florida Statutes: "An action founded on negligence" must be commenced within two years.

Which Deadline Applies to Your Injury?

Section 28 of chapter 2023-15 says the amendments to section 95.11 "apply to causes of action accruing after the effective date of this act." The act took effect when it became law on March 24, 2023. So:

Injured after March 24, 2023: generally two years from the injury.
Injured on or before March 24, 2023: generally the old four-year period. For example, a fall in early 2023 may still be within the deadline into early 2027, but those claims are running out now.

The exact accrual date can matter, so have a lawyer confirm your deadline if your injury happened near that date.

Wrongful Death Claims

When a premises injury causes death, the family's claim under Florida's Wrongful Death Act (sections 768.16 through 768.26, Florida Statutes) has its own two-year limitations period in section 95.11(5)(e). Wrongful death actions already had a two-year deadline before 2023.

Not Sure Which Deadline Applies?

Evidence like surveillance footage can disappear within days. Call for a free consultation.

Your case will be referred to another lawyer.

305-792-9100 Free Consultation

Injured on Government Property

Falls in public buildings, county parks, city parking garages, and on government-maintained sidewalks fall under section 768.28, Florida Statutes, which waives sovereign immunity only on specific terms:

Written notice first. Under section 768.28(6)(a), you cannot sue until you present the claim in writing to the agency within 3 years after the claim accrues. For state agencies, the claim must also go to the Department of Financial Services. Claims against a municipality or county do not have to go to the Department.
A waiting period. The agency generally has 6 months to make a final decision. If it does not, the claim is deemed denied. In wrongful death cases, the period is 90 days.
A separate filing deadline. Under section 768.28(14), the lawsuit must be filed within 4 years after the claim accrues. Wrongful death and medical malpractice claims follow the shorter periods in section 95.11(5).
Damages caps. Section 768.28(5)(a) limits what the government pays to $200,000 per person and $300,000 per incident, unless the Legislature approves more.

Does the Clock Ever Stop?

Rarely. Section 95.051, Florida Statutes, lists the only reasons a limitations period is "tolled," or paused, and subsection (2) says nothing else tolls it. For injured children, tolling applies only during a period when the child has no parent or guardian, or the parent or guardian's interests are adverse to the child's. Even then, suit must be filed within 7 years. The "eighth birthday" rule people sometimes hear about applies to medical malpractice, not premises injuries. Most families should plan around the regular two-year deadline.

The Real Deadline Is Shorter

Two years is the legal outer limit. The practical deadline is set by the evidence. Many businesses overwrite surveillance video on a short cycle, hazards get repaired, and witnesses move. Florida's comparative fault rule adds another reason to move quickly: under section 768.81(6), a person found more than 50 percent at fault for their own injury recovers nothing, so the evidence about how the fall happened matters a great deal.

How Your Case Is Referred

Your case will be referred to another lawyer. Recalde Law Firm, P.A. does not litigate premises injury cases. Rafael Recalde reviews what happened and, if the matter appears to have merit, refers it to another Florida lawyer or law firm that handles premises liability cases.

You will know which firm will handle your case before you sign anything. Under Rule 4-1.5 of the Rules Regulating The Florida Bar, a fee can be divided between firms only with your written consent, in a written contract signed by you and by each participating firm, and each firm accepts joint legal responsibility for your representation. You are always free to choose a different lawyer.

Frequently Asked Questions

Q: What is the statute of limitations for a slip and fall in Florida?

For negligence claims that arose after March 24, 2023, it is generally two years under section 95.11(5)(a), Florida Statutes. Claims that arose on or before that date generally had four years under the prior law.

Q: Did the 2023 Florida tort reform change apply to injuries that happened before it passed?

No. Section 28 of chapter 2023-15, Laws of Florida, says the change to section 95.11 applies to causes of action accruing after the act's effective date, March 24, 2023.

Q: How long do I have if I fell on government property in Florida?

Under section 768.28(6)(a), Florida Statutes, the written claim must be presented to the agency (and, for state agencies, to the Department of Financial Services) within 3 years. Under section 768.28(14), suit must be filed within 4 years, except wrongful death and medical malpractice claims, which follow section 95.11(5).

Q: Does the deadline wait until a child turns 18?

Generally no. Under section 95.051(1)(i), Florida Statutes, a minor's claim is tolled only while the child has no parent or guardian, or the parent or guardian's interests are adverse to the child's, and suit must still be filed within 7 years.

Sources

This article explains general Florida law as of October 9, 2026. It is not legal advice about your situation.