Bill Text: FL S0204 | 2017 | Regular Session | Comm Sub

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

Spectrum: Bipartisan Bill

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

Download: Florida-2017-S0204-Comm_Sub.html

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       Florida Senate - 2017                              CS for SB 204
       
       
        
       By the Committee on Judiciary; and Senator Passidomo
       
       
       
       
       
       590-02434-17                                           2017204c1
    1                        A bill to be entitled                      
    2         An act relating to limitations on actions other than
    3         for the recovery of real property; amending s. 95.11,
    4         F.S.; specifying the date of completion for specified
    5         contracts; providing applicability; reenacting s.
    6         627.441(2), F.S., relating to commercial general
    7         liability policy coverage to contractors for completed
    8         operations, to incorporate the amendment made by the
    9         act to s. 95.11, F.S., in a reference thereto;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (c) of subsection (3) of section
   15  95.11, Florida Statutes, is amended to read:
   16         95.11 Limitations other than for the recovery of real
   17  property.—Actions other than for recovery of real property shall
   18  be commenced as follows:
   19         (3) WITHIN FOUR YEARS.—
   20         (c) An action founded on the design, planning, or
   21  construction of an improvement to real property, with the time
   22  running from the date of actual possession by the owner, the
   23  date of the issuance of a certificate of occupancy, the date of
   24  abandonment of construction if not completed, or the date of
   25  completion or termination of the contract between the
   26  professional engineer, registered architect, or licensed
   27  contractor and his or her employer, whichever date is latest;
   28  except that, when the action involves a latent defect, the time
   29  runs from the time the defect is discovered or should have been
   30  discovered with the exercise of due diligence. In any event, the
   31  action must be commenced within 10 years after the date of
   32  actual possession by the owner, the date of the issuance of a
   33  certificate of occupancy, the date of abandonment of
   34  construction if not completed, or the date of completion or
   35  termination of the contract between the professional engineer,
   36  registered architect, or licensed contractor and his or her
   37  employer, whichever date is latest. Completion of the contract
   38  means the later of the date of final performance of all the
   39  contracted services or the date that final payment for such
   40  services becomes due without regard to the date final payment is
   41  made.
   42         Section 2. This act applies to causes of action that accrue
   43  on or after July 1, 2017.
   44         Section 3. For the purpose of incorporating the amendment
   45  made by this act to section 95.11, Florida Statutes, in a
   46  reference thereto, subsection (2) of section 627.441, Florida
   47  Statutes, is reenacted to read:
   48         627.441 Commercial general liability policies; coverage to
   49  contractors for completed operations.—
   50         (2) A liability insurer must offer coverage at an
   51  appropriate additional premium for liability arising out of
   52  current or completed operations under an owner-controlled
   53  insurance program for any period beyond the period for which the
   54  program provides liability coverage, as specified in s.
   55  255.0517(2)(b). The period of such coverage must be sufficient
   56  to protect against liability arising out of an action brought
   57  within the time limits provided in s. 95.11(3)(c).
   58         Section 4. This act shall take effect July 1, 2017.