Statute of Limitations

• A statute of limitations is a time frame determined by the state Legislature within which the state must initiate a prosecution. If the state fails to begin the prosecution within the statute of limitations, then it generally is prohibited from prosecuting the defendant.
  
  

Florida Misdemeanors

• First-degree misdemeanors in the state of Florida are subject to a two-year statute of limitations. Second-degree misdemeanors and non-criminal violations (such as traffic violations) must be initiated within one year.
  
  

Exceptions

• The statute of limitations is tolled, or does not run during any time that the defendant is not living in the state of Florida or does not have a place of abode where she can be found. The statute of limitations cannot be tolled for more than three years beyond the time limit prescribed in the statute due to the defendant's absence or the state's inability to locate her unless she has already been charged by information, a charge by the prosecutor without a grand jury indictment, or by indictment.