Bill Amendment: FL S0204 | 2017 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Limitations on Actions other than for the Recovery of Real Property

Status: 2017-05-04 - Laid on Table, companion bill(s) passed, see CS/CS/HB 377 (Ch. 2017-101) [S0204 Detail]

Download: Florida-2017-S0204-Senate_Committee_Amendment_606890.html

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       Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 204
       
       
       
       
       
       
                                Ì606890:Î606890                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Judiciary (Passidomo) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (3) of section
    6  95.11, Florida Statutes, is amended to read:
    7         95.11 Limitations other than for the recovery of real
    8  property.—Actions other than for recovery of real property shall
    9  be commenced as follows:
   10         (3) WITHIN FOUR YEARS.—
   11         (c) An action founded on the design, planning, or
   12  construction of an improvement to real property, with the time
   13  running from the date of actual possession by the owner, the
   14  date of the issuance of a certificate of occupancy, the date of
   15  abandonment of construction if not completed, or the date of
   16  completion or termination of the contract between the
   17  professional engineer, registered architect, or licensed
   18  contractor and his or her employer, whichever date is latest;
   19  except that, when the action involves a latent defect, the time
   20  runs from the time the defect is discovered or should have been
   21  discovered with the exercise of due diligence. In any event, the
   22  action must be commenced within 10 years after the date of
   23  actual possession by the owner, the date of the issuance of a
   24  certificate of occupancy, the date of abandonment of
   25  construction if not completed, or the date of completion or
   26  termination of the contract between the professional engineer,
   27  registered architect, or licensed contractor and his or her
   28  employer, whichever date is latest. Completion of the contract
   29  means the later of the date of final performance of all the
   30  contracted services or the date that final payment for such
   31  services becomes due without regard to the date final payment is
   32  made.
   33         Section 2. This act applies to causes of action that accrue
   34  on or after July 1, 2017.
   35         Section 3. For the purpose of incorporating the amendment
   36  made by this act to section 95.11, Florida Statutes, in a
   37  reference thereto, subsection (2) of section 627.441, Florida
   38  Statutes, is reenacted to read:
   39         627.441 Commercial general liability policies; coverage to
   40  contractors for completed operations.—
   41         (2) A liability insurer must offer coverage at an
   42  appropriate additional premium for liability arising out of
   43  current or completed operations under an owner-controlled
   44  insurance program for any period beyond the period for which the
   45  program provides liability coverage, as specified in s.
   46  255.0517(2)(b). The period of such coverage must be sufficient
   47  to protect against liability arising out of an action brought
   48  within the time limits provided in s. 95.11(3)(c).
   49         Section 4. This act shall take effect July 1, 2017.
   50  
   51  ================= T I T L E  A M E N D M E N T ================
   52  And the title is amended as follows:
   53         Delete everything before the enacting clause
   54  and insert:
   55                        A bill to be entitled                      
   56         An act relating to limitations on actions other than
   57         for the recovery of real property; amending s. 95.11,
   58         F.S.; specifying the date of completion for specified
   59         contracts; providing applicability; reenacting s.
   60         627.441(2), F.S., relating to commercial general
   61         liability policy coverage to contractors for completed
   62         operations, to incorporate the amendment made by the
   63         act to s. 95.11, F.S., in a reference thereto;
   64         providing an effective date.