Florida attorneys: Does robbery with a firearm (§812.13(2)(a)) have a statute of limitations?

Florida Statute of Limitations Question — Robbery With a Firearm (§812.13(2)(a))

I am trying to clarify the statute-of-limitations issue for robbery with a firearm under Florida Statute §812.13(2)(a).

The statute classifies the offense as:

“a felony of the first degree punishable by imprisonment for a term of years not exceeding life imprisonment.”

This appears to place the offense in the category commonly described as “first-degree felony punishable by life (F1-PBL).

The confusion arises from Florida Statute §775.15, which governs criminal statutes of limitations. The statute states that a prosecution may be commenced at any time for:

  • a capital felony
  • a life felony
  • a felony punishable by life imprisonment

However, I have seen conflicting explanations regarding how this applies to robbery with a firearm.

Some explanations say:

  • Because robbery with a firearm is punishable by life, it falls under §775.15(1)(a) and has no statute of limitations.

Other explanations say:

  • Because §812.13(2)(a) is technically classified as a first-degree felony (not a “life felony”), it should instead fall under the four-year statute of limitations that applies to first-degree felonies.

So my question is:

Under Florida law, does robbery with a firearm under §812.13(2)(a) have a statute of limitations, or can it be prosecuted at any time under §775.15(1)(a)?

This question matters in a real case involving charges filed many years after the alleged offense, so I am trying to understand how Florida courts actually interpret this classification.

If anyone is aware of Florida appellate decisions directly addressing this issue, a citation would be greatly appreciated.

Posted Mar 14, 2026, 12:31 AM UTC

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