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Florida Statute 95.011 | Lawyer Caselaw & Research
F.S. 95.011 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 95.011

The 2023 Florida Statutes (including Special Session C)

Title VIII
LIMITATIONS
Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION
View Entire Chapter
F.S. 95.011
95.011 Applicability.A civil action or proceeding, called “action” in this chapter, including one brought by the state, a public officer, a political subdivision of the state, a municipality, a public corporation or body corporate, or any agency or officer of any of them, or any other governmental authority, shall be barred unless begun within the time prescribed in this chapter or, if a different time is prescribed elsewhere in these statutes, within the time prescribed elsewhere.
History.s. 1, ch. 74-382; s. 1, ch. 77-174.

F.S. 95.011 on Google Scholar

F.S. 95.011 on Casetext

Amendments to 95.011


Arrestable Offenses / Crimes under Fla. Stat. 95.011
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 95.011.



Annotations, Discussions, Cases:

Cases from cite.case.law:

GINDEL, Li, D v. CENTEX HOMES,, 267 So. 3d 403 (Fla. App. Ct. 2018)

. . . by Chapter 558 qualifies as "an action," as the term is defined in the statute of repose, sections 95.011 . . . registered architect, or licensed contractor and his or her employer, whichever date is latest. §§ 95.011 . . . and the Second District agreed, that the definition "civil action or proceeding," pursuant to section 95.011 . . .

DIXON, v. BELLAMY,, 252 So. 3d 349 (Fla. App. Ct. 2018)

. . . Florida's statute of limitations, section 95.011, bars all action unless commenced within designated . . .

A. SALINAS, v. RAMSEY,, 234 So. 3d 569 (Fla. 2018)

. . . The judgment debtor attempts to find such a reason in the Legislature’s 1974 enactment of section 95.011 . . . Section 95.011, Florida Statutes (2014), explains that the term “action” refers to “[a] civil action . . . We reach this conclusion by examining the language of section 95.011 and applying the principle that . . . “proceeding” is used in section 95.011. . . . Section 95.011 explains that a civil action or proceeding must be . . . .

FLANZER, v. KAPLAN, 230 So. 3d 960 (Fla. Dist. Ct. App. 2017)

. . . See § 95.011 (“A civil action ... shall be barred unless begun within the time prescribed in this chapter . . . the uses of the prepositions “founded upon fraud” and “founded on fraud” in sections 95.031(2)(a) and 95.011 . . .

CITY OF RIVIERA BEACH, a v. J B MOTEL CORP. N. A. N. A. F. S. B. f k a, 213 So. 3d 1102 (Fla. Dist. Ct. App. 2017)

. . . . § 95.011, Fla. Stat. . . .

C. ROSE, v. SONSON Co- R., 208 So. 3d 136 (Fla. Dist. Ct. App. 2016)

. . . Florida’s statute of limitations, section 95.011, bars all action unless commenced within designated . . .

GREEN, v. COTTRELL, E. E. D., 172 So. 3d 1009 (Fla. Dist. Ct. App. 2015)

. . . . § 95.011, Florida Statutes (2007). . . .

A. RUSS, v. WILLIAMS,, 159 So. 3d 408 (Fla. Dist. Ct. App. 2015)

. . . See § 95.011, Fla. Stat. . . .

RAYMOND JAMES FINANCIAL SERVICES, INC. v. FENYK,, 780 F.3d 59 (1st Cir. 2015)

. . . from an intermediate appellate court, which had held that the provision at issue — Florida Statutes § 95.011 . . . In reversing the lower court, the Florida Supreme Court concluded that arbitrations are subject to § 95.011 . . . Section 95.011 states: A civil action or proceeding, called ''action” in this chapter, including one . . . Section 95.011 thus does not itself set a specific limitations period, but applies generally to bar " . . . Unlike § 95.011, § 760.11 does not expressly equate "proceedings” and "actions.” . . .

M. SNELL v. MOTT S CONTRACTING SERVICES, INC., 141 So. 3d 605 (Fla. Dist. Ct. App. 2014)

. . . an arbitration proceeding is within the statutory term ‘civil action or proceeding' found in section 95.011 . . .

ROUGHTON, v. R. J. REYNOLDS TOBACCO COMPANY USA, LLC f k a f k a f k a f, 129 So. 3d 1145 (Fla. Dist. Ct. App. 2013)

. . . Florida’s statute of limitations, section 95.011, bars all action unless commenced within designated . . .

RAYMOND JAMES FINANCIAL SERVICES, INC. v. J. PHILLIPS,, 126 So. 3d 186 (Fla. 2013)

. . . District certified a question of great public importance, which we rephrase as follows: DOES SECTION 95.011 . . . an arbitration proceeding is within the statutory term “civil action or proceeding” found in section 95.011 . . . To determine the meaning of this term, we look to section 95.011, which defines “action” and provides . . . Section 95.011 provides that for purposes of chapter 95, the term “action” refers to a “civil action . . . Prior to 1974, the Legislature had not yet enacted section 95.011, which sets forth the applicability . . .

CALHOUN, v. NIENHUIS,, 110 So. 3d 24 (Fla. Dist. Ct. App. 2013)

. . . .” § 95.011. . . .

DOE, a DOE S MOTHER s s s v. F. SINROD a k a, 90 So. 3d 852 (Fla. Dist. Ct. App. 2012)

. . . 768.28(14) sets forth limitations for negligent tort claims involving state agencies, while section 95.011 . . . in chapter 95, unless a different time is stated elsewhere in the Florida Statutes. § 768.28(14); § 95.011 . . . According to the language in section 95.011, time limitations set forth under chapter 95 are secondary . . . evidences a precedential effect of the time limitations in chapter 768, as noted by the language in section 95.011 . . . different time is prescribed elsewhere in these statutes, within the time prescribed elsewhere.” § 95.011 . . .

RAYMOND JAMES FINANCIAL SERVICES, INC. v. J. PHILLIPS, J. R. L. J. K., 110 So. 3d 908 (Fla. Dist. Ct. App. 2011)

. . . court correctly determined that arbitrations are not “actions” or “proceedings” for purposes of section 95.011 . . . Section 95.011, Florida Statutes (2005) Section 95.011 provides, “A civil action or proceeding, called . . . Section 95.011 was enacted in 1974 and included the terms “civil action” and “proceeding.” . . . Thus, it appears that the legislature’s addition of the term “proceeding” to section 95.011 was done . . . The phrase used in section 95.011 is “civil action or proceeding.” . . .

L. SMITH, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 27 So. 3d 124 (Fla. Dist. Ct. App. 2010)

. . . Section 95.011 provides that a “civil action ... including one brought by the state ... shall be barred . . .

D. PARK, v. CITY OF WEST MELBOURNE,, 999 So. 2d 673 (Fla. Dist. Ct. App. 2008)

. . . .” § 95.011, Fla. Stat. (1998). . . .

HAMES, v. CITY OF MIAMI FIREFIGHTERS AND POLICE OFFICERS TRUST,, 980 So. 2d 1112 (Fla. Dist. Ct. App. 2008)

. . . Section 95.011 provides that in the absence of a separately provided time period, the limitations periods . . . listed in chapter 95 are applicable to any “civil action or proceeding.” § 95.011, Fla. . . . administrative substitute for a civil action is a “civil action or proceeding” for the purposes of section 95.011 . . . described as a penal or quasi-criminal action or proceeding than a “civil action or proceeding.” § 95.011 . . .

P. CASON, v. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES,, 944 So. 2d 306 (Fla. 2006)

. . . See § 95.011, Fla. . . . Section 95.011 shows that had the Legislature chosen to make the State subject to the sixty-day filing . . . Section 95.011 provides that a civil action or proceeding, ... including one brought by the state, a . . . The reference to “the time prescribed elsewhere” in section 95.011 encompasses other provisions that . . . As noted above, section 95.011 specifies that the limitations periods in chapter 95 apply to the State . . .

AMERICAN HOME ASSURANCE COMPANY, v. PLAZA MATERIALS CORPORATION,, 908 So. 2d 360 (Fla. 2005)

. . . See § 95.011, Fla. . . .

SARASOTA COUNTY, a v. NATIONAL CITY BANK OF CLEVELAND, OHIO, F., 902 So. 2d 233 (Fla. Dist. Ct. App. 2005)

. . . . § 95.011, Fla. Stat. (2001). . . .

PIERSON D. CONSTRUCTION, INC. a v. YUDELL, 863 So. 2d 413 (Fla. Dist. Ct. App. 2003)

. . . However, section 95.011, Florida Statutes (2000), indicates that an action “shall be barred unless begun . . .

O. MUKA, v. HORIZON FINANCIAL CORPORATION, D., 766 So. 2d 239 (Fla. Dist. Ct. App. 2000)

. . . term action is defined in the Florida statutes of limitations to encompass a mere 'proceeding, see § 95.011 . . .

LE CREDIT LYONNAIS, S. A. v. NADD, a k a R., 741 So. 2d 1165 (Fla. Dist. Ct. App. 1999)

. . . . § 95.011, Fla.Stat. (a civil action is a proceeding). . See Wright v. Trust Co. . . .

NORTHCUTT, v. BALKANY,, 727 So. 2d 382 (Fla. Dist. Ct. App. 1999)

. . . decision, Balkany fails to recognize that Chapter 95’s applicability in general is covered by section 95.011 . . . action on a tax certificate clearly supersedes the general limitations period set forth in chapter 95. § 95.011 . . .

PEZZI v. BROWN, Jr. Co. a, 697 So. 2d 883 (Fla. Dist. Ct. App. 1997)

. . . limitations on creditors’ claims against probate assets, and the relationship of these sections to section 95.011 . . .

In ESTATE OF W. SMITH, S. WILSON, v. I. SCRUGGS,, 685 So. 2d 1206 (Fla. 1996)

. . . . § 95.011, Fla. Stat. (1991). . . .

WILEY, v. ROOF,, 641 So. 2d 66 (Fla. 1994)

. . . amended complaint because the statute of limitations barred Roofs cause of action pursuant to sections 95.011 . . . Florida’s statute of limitations, section 95.011, bars all action unless commenced within designated . . . Section 95.011, Florida Statutes (1991), provides: A civil action or proceeding, called “action” in this . . .

PUBLIC HEALTH TRUST OF DADE COUNTY, v. MENENDEZ,, 584 So. 2d 567 (Fla. 1991)

. . . . § 95.011, Fla.Stat. (1979) (emphasis added). . . . matters not directly addressed in Carr, we find that the legislative statement contained in section 95.011 . . . However, we find nothing in section 95.011 that makes a distinction between “statutes of limitation” . . . Moreover, the language of section 95.011 is plain: If a different statute prescribes a different time . . .

E. WHITNEY J. v. MARION COUNTY HOSPITAL DISTRICT, a d b a d b a L. M. D. P. A. a P. A. s G. D., 416 So. 2d 500 (Fla. Dist. Ct. App. 1982)

. . . . § 95.011, Florida Statutes (1977). . . .

O D. ASKEW, v. R. SONSON,, 409 So. 2d 7 (Fla. 1981)

. . . . § 95.011, Fla.Stat. (1977). It has not excluded the state from the recording act. . . .

DUBOSE, E. v. AUTO- OWNERS INSURANCE COMPANY, a a, 387 So. 2d 461 (Fla. Dist. Ct. App. 1980)

. . . Section 95.011, Fla.Stat. . . .

BUCKLEY TOWERS CONDOMINIUM, v. HERBERT BUCHWALD,, 48 Fla. Supp. 14 (Dade Cty. Cir. Ct. 1978)

. . . Section 95.011, Fla. . . .