Loading chat...

FL S1196

Bill

Status

Introduced

12/7/2011

Primary Sponsor

Michael Bennett

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Budget2/14/2012
Judiciary1/25/2012
Community Affairs1/10/2012

Full Bill Text

No bill text available