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