Legal Question in Criminal Law in Florida

I have a question involving the statute of limitations for larceny that was committed due to a fraudulent application. I believe that larceny of around over $1000 is a third degree felony in Florida (correct me if I am wrong) and the statute of limitations for a felony of this degree is 3 years in Florida. I am not sure if this clause would apply to the larceny statue of limitations because it was committed due to fraud. So I guess my question is what would be the statute of limitations for larceny committed due to fraud? Does this mean that the statute of limitations 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? Thank you very much!

(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 7/22/10, 4:30 pm

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

Statute of limitations almost always run from the date of offense. However, theft and larceny have their own statute of limitations and it is 5 years, not 3.

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Answered on 7/23/10, 11:11 am


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