Florida Senate - 2026 SB 944 By Senator McClain 9-00559C-26 2026944__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to causes of action based on 2 improvements to real property; amending s. 95.11, 3 F.S.; revising the time in which an action founded on 4 the design, planning, or construction of an 5 improvement to real property shall be commenced; 6 revising the date on which the statute of limitations 7 period for such action begins; revising the latest 8 date by which an action shall be commenced; defining 9 the terms “completion of the improvement” and 10 “completion of the contract”; providing an effective 11 date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15

Section 1. Paragraph (

b) of subsection (3) of

section 16 95.11, Florida Statutes, is amended to read: 17 95.11 Limitations other than for the recovery of real 18 property.—Actions other than for recovery of real property shall 19 be commenced as follows: 20

(3) WITHIN FOUR YEARS.— 21 (b)1. An action founded on the design, planning, or 22 construction of an improvement to real property, with the time 23 running from the earliest date of: 24 a. Completion of the improvement; 25 b. The date of abandonment of construction, if not 26 completed; 27 c.

The date of termination of the contract between the 28 architect, landscape architect, interior designer, engineer, 29 Florida Senate - 2026 SB 944 9-00559C-26 2026944__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. surveyor and mapper, or licensed contractor and his or her 30 employer, but only as to the architect, landscape architect, 31 interior designer, engineer, surveyor and mapper, or licensed 32 contractor who has abandoned construction or whose contract is 33 terminated; or 34 d.

If sub-subparagraphs a., b., and c. do not apply, 35 completion of the contract between the architect, landscape 36 architect, interior designer, engineer, surveyor and mapper, or 37 licensed contractor and his or her employer. the authority 38 having jurisdiction issues a temporary certificate of occupancy, 39 a certificate of occupancy, or a certificate of completion, or 40 the date of abandonment of construction if not completed, 41 whichever date is earliest; except that, 42 2.

An when the action involving involves a latent defect, 43 with the time running runs from the time the defect is 44 discovered or should have been discovered with the exercise of 45 due diligence. 46 3. In any event, the action must be commenced within 7 47 years after the earliest date of: 48 a. Completion of the improvement; 49 b. The date of abandonment of construction, if not 50 completed; 51 c.

The date of termination of the contract between the 52 architect, landscape architect, interior designer, engineer, 53 surveyor and mapper, or licensed contractor and his or her 54 employer, but only as to the architect, landscape architect, 55 interior designer, engineer, surveyor and mapper, or licensed 56 contractor who has abandoned construction or whose contract is 57 terminated; or 58 Florida Senate - 2026 SB 944 9-00559C-26 2026944__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. d.

If sub-subparagraphs a., b., and c. do not apply, 59 completion of the contract between the architect, landscape 60 architect, interior designer, engineer, surveyor and mapper, or 61 licensed contractor and his or her employer the authority having 62 jurisdiction issues a temporary certificate of occupancy, a 63 certificate of occupancy, or a certificate of completion, or the 64 date of abandonment of construction if not completed, whichever 65 date is earliest. 66 4. For purposes of this paragraph, “completion of the 67 improvement” means the earliest of: 68 a.

For an improvement in which the authority having 69 jurisdiction is required to issue a certificate of occupancy, 70 the issuance of a temporary certificate of occupancy or 71 certificate of occupancy, whichever date is earlier; 72 b. For an improvement that is required to comply with the 73 Florida Building Code but does not require the authority having 74 jurisdiction to issue a certificate of occupancy, completion of 75 all required inspections under the Florida Building Code or 76 issuance of a certificate of completion, whichever date is 77 earlier; or 78 c.

For an improvement made pursuant to chapters 334-349, 79 final acceptance, as defined in s. 337.185(2)(c). 80 5. For purposes of this paragraph, “completion of the 81 contract” means the later of the date of final performance of 82 all the contracted services or the date that final payment for 83 such services becomes due without regard to the date final 84 payment is made. 85 6.

However, counterclaims, cross-claims, and third-party 86 claims that arise out of the conduct, transaction, or occurrence 87 Florida Senate - 2026 SB 944 9-00559C-26 2026944__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. set out or attempted to be set out in a pleading may be 88 commenced up to 1 year after the pleading to which such claims 89 relate is served, even if such claims would otherwise be time 90 barred.

With respect to actions founded on the design, planning, 91 or construction of an improvement to real property, if such 92 construction is performed pursuant to a duly issued building 93 permit and if the authority having jurisdiction has issued a 94 temporary certificate of occupancy, a certificate of occupancy, 95 or a certificate of completion, then as to the construction 96 which is within the scope of such building permit and 97 certificate, the correction of defects to completed work or 98 repair of completed work, whether performed under warranty or 99 otherwise, does not extend the period of time within which an 100 action must be commenced.

If a newly constructed single-dwelling 101 residential building is used as a model home, the time begins to 102 run from the date that a deed is recorded first transferring 103 title to another party. Notwithstanding any provision of this 104

section to the contrary, if the improvement to real property 105 consists of the design, planning, or construction of multiple 106 buildings, each building must be considered its own improvement 107 for purposes of determining the limitations period set forth in 108 this paragraph. 109

Section 2. This act shall take effect upon becoming a law. 110