Bill Text: FL S0360 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Bipartisan Bill

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

Download: Florida-2023-S0360-Introduced.html

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       Florida Senate - 2023                                     SB 360
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00293A-23                                            2023360__
    1                        A bill to be entitled                      
    2         An act relating to causes of action based on
    3         improvements to real property; amending s. 95.11,
    4         F.S.; revising the time in which an action founded on
    5         the design, planning, or construction of an
    6         improvement to real property must be commenced;
    7         revising the date on which the statute of limitations
    8         period begins; providing for the calculation of the
    9         statute of limitations period for multi-dwelling
   10         buildings; amending s. 553.84, F.S.; defining the term
   11         “material violation”; conforming provisions to changes
   12         made by the act; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (c) of subsection (3) of section
   17  95.11, Florida Statutes, is amended to read:
   18         95.11 Limitations other than for the recovery of real
   19  property.—Actions other than for recovery of real property shall
   20  be commenced as follows:
   21         (3) WITHIN FOUR YEARS.—
   22         (c)1. An action founded on the design, planning, or
   23  construction of an improvement to real property, with the time
   24  running from the date of actual possession by the owner, the
   25  date of the issuance of a temporary certificate of occupancy,
   26  the date of the issuance of a certificate of occupancy, the date
   27  of the issuance of a certificate of completion, the date of
   28  abandonment of construction if not completed, or the date of
   29  completion of the contract or termination of the contract
   30  between the professional engineer, registered architect, or
   31  licensed contractor and his or her employer, whichever date is
   32  earliest latest; except that, when the action involves a latent
   33  defect, the time runs from the time the defect is discovered or
   34  should have been discovered with the exercise of due diligence.
   35         2. In any event, the action must be commenced within 7 10
   36  years after the date of actual possession by the owner, the date
   37  of the issuance of a temporary certificate of occupancy, the
   38  date of the issuance of a certificate of occupancy, or the date
   39  of the issuance of a certificate of completion, whichever date
   40  is earliest. If a temporary certificate of occupancy, a
   41  certificate of occupancy, or a certificate of completion has not
   42  been issued, the action must be commenced within 7 years after
   43  the date of abandonment of construction if not completed, or the
   44  date of completion of the contract or termination of the
   45  contract between the professional engineer, registered
   46  architect, or licensed contractor and his or her employer,
   47  whichever date is earliest latest.
   48         3. However, counterclaims, cross-claims, and third-party
   49  claims that arise out of the conduct, transaction, or occurrence
   50  set out or attempted to be set out in a pleading may be
   51  commenced up to 1 year after the pleading to which such claims
   52  relate is served, even if such claims would otherwise be time
   53  barred.
   54         4. With respect to actions founded on the design, planning,
   55  or construction of an improvement to real property, if such
   56  construction is performed pursuant to a duly issued building
   57  permit and if a local enforcement agency, state enforcement
   58  agency, or special inspector, as those terms are defined in s.
   59  553.71, has issued a final certificate of occupancy or
   60  certificate of completion, then as to the construction which is
   61  within the scope of such building permit and certificate, the
   62  correction of defects to completed work or repair of completed
   63  work, whether performed under warranty or otherwise, does not
   64  extend the period of time within which an action must be
   65  commenced. Completion of the contract means the later of the
   66  date of final performance of all the contracted services or the
   67  date that final payment for such services becomes due without
   68  regard to the date final payment is made.
   69         5. Notwithstanding any provision of this section to the
   70  contrary, each dwelling unit within a multi-dwelling building
   71  must be considered its own improvement for purposes of
   72  determining the limitations period set forth in this paragraph.
   73         Section 2. Section 553.84, Florida Statutes, is amended to
   74  read:
   75         553.84 Statutory civil action.—Notwithstanding any other
   76  remedies available, any person or party, in an individual
   77  capacity or on behalf of a class of persons or parties, damaged
   78  as a result of a material violation of this part or the Florida
   79  Building Code, has a cause of action in any court of competent
   80  jurisdiction against the person or party who committed the
   81  material violation; however, if the person or party obtains the
   82  required building permits and any local government or public
   83  agency with authority to enforce the Florida Building Code
   84  approves the plans, if the construction project passes all
   85  required inspections under the code, and if there is no personal
   86  injury or damage to property other than the property that is the
   87  subject of the permits, plans, and inspections, this section
   88  does not apply unless the person or party knew or should have
   89  known that the material violation existed. For purposes of this
   90  section, the term “material violation” means a Florida Building
   91  Code violation that exists within a completed building,
   92  structure, or facility which may reasonably result, or has
   93  resulted, in physical harm to a person or significant damage to
   94  the performance of a building or its systems.
   95         Section 3. This act shall take effect upon becoming a law.