Florida Senate - 2023 SB 360 By Senator Hutson 7-00293A-23 2023360__ 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 must be commenced; 6 revising the date on which the statute of limitations 7 period begins; providing for the calculation of the 8 statute of limitations period for multi-dwelling 9 buildings; amending s. 553.84, F.S.; defining the term 10 “material violation”; conforming provisions to changes 11 made by the act; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15

Section 1. Paragraph (

c) 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 (c)1.

An action founded on the design, planning, or 22 construction of an improvement to real property, with the time 23 running from the date of actual possession by the owner, the 24 date of the issuance of a temporary certificate of occupancy, 25 the date of the issuance of a certificate of occupancy, the date 26 of the issuance of a certificate of completion, the date of 27 abandonment of construction if not completed, or the date of 28 completion of the contract or termination of the contract 29 Florida Senate - 2023 SB 360 7-00293A-23 2023360__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. between the professional engineer, registered architect, or 30 licensed contractor and his or her employer, whichever date is 31 earliest latest; except that, when the action involves a latent 32 defect, the time runs from the time the defect is discovered or 33 should have been discovered with the exercise of due diligence. 34 2.

In any event, the action must be commenced within 7 10 35 years after the date of actual possession by the owner, the date 36 of the issuance of a temporary certificate of occupancy, the 37 date of the issuance of a certificate of occupancy, or the date 38 of the issuance of a certificate of completion, whichever date 39 is earliest.

If a temporary certificate of occupancy, a 40 certificate of occupancy, or a certificate of completion has not 41 been issued, the action must be commenced within 7 years after 42 the date of abandonment of construction if not completed, or the 43 date of completion of the contract or termination of the 44 contract between the professional engineer, registered 45 architect, or licensed contractor and his or her employer, 46 whichever date is earliest latest. 47 3.

However, counterclaims, cross-claims, and third-party 48 claims that arise out of the conduct, transaction, or occurrence 49 set out or attempted to be set out in a pleading may be 50 commenced up to 1 year after the pleading to which such claims 51 relate is served, even if such claims would otherwise be time 52 barred. 53 4.

With respect to actions founded on the design, planning, 54 or construction of an improvement to real property, if such 55 construction is performed pursuant to a duly issued building 56 permit and if a local enforcement agency, state enforcement 57 agency, or special inspector, as those terms are defined in s. 58 Florida Senate - 2023 SB 360 7-00293A-23 2023360__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. 553.71, has issued a final certificate of occupancy or 59 certificate of completion, then as to the construction which is 60 within the scope of such building permit and certificate, the 61 correction of defects to completed work or repair of completed 62 work, whether performed under warranty or otherwise, does not 63 extend the period of time within which an action must be 64 commenced.

Completion of the contract means the later of the 65 date of final performance of all the contracted services or the 66 date that final payment for such services becomes due without 67 regard to the date final payment is made. 68 5. Notwithstanding any provision of this

section to the 69 contrary, each dwelling unit within a multi-dwelling building 70 must be considered its own improvement for purposes of 71 determining the limitations period set forth in this paragraph. 72

Section

Section 553.84, Florida Statutes, is amended to 73 read: 74 553.84 Statutory civil action.—Notwithstanding any other 75 remedies available, any person or party, in an individual 76 capacity or on behalf of a class of persons or parties, damaged 77 as a result of a material violation of this part or the Florida 78 Building Code, has a cause of action in any court of competent 79 jurisdiction against the person or party who committed the 80 material violation; however, if the person or party obtains the 81 required building permits and any local government or public 82 agency with authority to enforce the Florida Building Code 83 approves the plans, if the construction project passes all 84 required inspections under the code, and if there is no personal 85 injury or damage to property other than the property that is the 86 subject of the permits, plans, and inspections, this

section 87 Florida Senate - 2023 SB 360 7-00293A-23 2023360__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. does not apply unless the person or party knew or should have 88 known that the material violation existed. For purposes of this 89 section, the term “material violation” means a Florida Building 90 Code violation that exists within a completed building, 91 structure, or facility which may reasonably result, or has 92 resulted, in physical harm to a person or significant damage to 93 the performance of a building or its systems. 94

Section 3. This act shall take effect upon becoming a law. 95