Bill Amendment: FL S0360 | 2023 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Causes of Action Based on Improvements to Real Property

Status: 2023-04-14 - Chapter No. 2023-22 [S0360 Detail]

Download: Florida-2023-S0360-Senate_Committee_Amendment_337266.html

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       Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 360
       
       
       
       
       
       
                                Ì337266=Î337266                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Hutson) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 22 - 72
    4  and insert:
    5         (c) An action founded on the design, planning, or
    6  construction of an improvement to real property, with the time
    7  running from the date of actual possession by the owner, the
    8  date the authority having jurisdiction issues of the issuance of
    9  a temporary certificate of occupancy, a certificate of
   10  occupancy, or a certification of completion, or the date of
   11  abandonment of construction if not completed, or the date of
   12  completion of the contract or termination of the contract
   13  between the professional engineer, registered architect, or
   14  licensed contractor and his or her employer, whichever date is
   15  earliest latest; except that, when the action involves a latent
   16  defect, the time runs from the time the defect is discovered or
   17  should have been discovered with the exercise of due diligence.
   18  In any event, the action must be commenced within 7 10 years
   19  after the date the authority having jurisdiction issues a
   20  temporary certificate of occupancy, of actual possession by the
   21  owner, the date of the issuance of a certificate of occupancy,
   22  or a certificate of completion, or the date of abandonment of
   23  construction if not completed, or the date of completion of the
   24  contract or termination of the contract between the professional
   25  engineer, registered architect, or licensed contractor and his
   26  or her employer, whichever date is earliest latest. However,
   27  counterclaims, cross-claims, and third-party claims that arise
   28  out of the conduct, transaction, or occurrence set out or
   29  attempted to be set out in a pleading may be commenced up to 1
   30  year after the pleading to which such claims relate is served,
   31  even if such claims would otherwise be time barred. With respect
   32  to actions founded on the design, planning, or construction of
   33  an improvement to real property, if such construction is
   34  performed pursuant to a duly issued building permit and if the
   35  authority having jurisdiction a local enforcement agency, state
   36  enforcement agency, or special inspector, as those terms are
   37  defined in s. 553.71, has issued a temporary final certificate
   38  of occupancy, a certificate of occupancy, or a certificate of
   39  completion, then as to the construction which is within the
   40  scope of such building permit and certificate, the correction of
   41  defects to completed work or repair of completed work, whether
   42  performed under warranty or otherwise, does not extend the
   43  period of time within which an action must be commenced.
   44  Notwithstanding any provision of this section to the contrary,
   45  if the improvement to real property consists of the design,
   46  planning, or construction of multiple buildings, each building
   47  must be considered its own improvement for purposes of
   48  determining the limitations period set forth in this paragraph
   49  Completion of the contract means the later of the date of final
   50  performance of all the contracted services or the date that
   51  final payment for such services becomes due without regard to
   52  the date final payment is made.