Legal Question in Criminal Law in Florida

Can someone clarify what this means. I have read that the statute of limitations for a first degree misdemeanor in Florida is 2 years but there is this clause applying to fraud. Does this mean that it cannot be extended past three years from a time when the crime was committed or does it mean three years from which time the crime was discovered?

"(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."


Asked on 7/18/10, 8:44 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Any fraud or theft, including misdemeanors, is covered under a different statute of limitations. It is 5 years from the date of offense for the state to file charges.

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Answered on 7/18/10, 5:45 pm


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