Legal Question in Criminal Law in Florida

I was wondering what the statute of limitations for grand theft of the third degree is in Florida? I have been getting conflicting answers. The case involves about $10,000 obtained through fraudulent means. Some lawyers have told us that in Florida the limitation is three years, and others five. I also believe there is a clause stating that an additional three years can be added due to fraud, which I am attaching. Also does the statute of limitations begin when the crime was committed or discovered? Thank you.

(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 7/23/10, 4:10 pm

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

I've answered this question already but you need to look at F.S. 812.035(10) which I will paste here:

10) Notwithstanding any other provision of law, a criminal or civil action or proceeding under ss. 812.012-812.037 or s. 812.081 may be commenced at any time within 5 years after the cause of action accrues; however, in a criminal proceeding under ss. 812.012-812.037 or s. 812.081, the period of limitation does not run during any time when the defendant is continuously absent from the state or is without a reasonably ascertainable place of abode or work within the state, but in no case shall this extend the period of limitation otherwise applicable by more than 1 year.

I understand your confusion but even some attorneys are unaware of this provision in the theft chapter, in that the statute of limitations for theft cases is 5 years, even for a misdemeanor. F.S. 775.15 which you cited above does not apply to theft cases.

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Answered on 7/23/10, 7:47 pm


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