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FL S1196
Bill
Status
12/7/2011
Primary Sponsor
Michael Bennett
Click for details
AI Summary
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Creates section 553.835, F.S. to limit the doctrine of implied warranty of fitness and merchantability for new homes by prohibiting causes of action based on this doctrine for offsite improvements.
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Defines "offsite improvements" as streets, roads, driveways, sidewalks, drainage, utilities, or other structures not located on the home's lot, or structures on the lot that do not directly support the home's fitness and habitability.
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Rejects the 2010 Lakeview Reserve v. Maronda Homes decision by the Fifth District Court of Appeal, which expanded implied warranty protections to include roads, drainage systems, retention ponds, and underground pipes serving new homes.
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Preserves existing rights of home purchasers and homeowners' associations to pursue other causes of action for offsite improvement defects based on contract, tort, statute, or sections 718.203 and 719.203.
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Takes effect July 1, 2012, and applies to all cases accruing before, pending on, or filed after that date.
Legislative Description
Residential Construction Warranties
Last Action
Laid on Table, refer to CS/HB 1013 -SJ 1045
3/8/2012