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FL S0270

Bill

Status

Failed

4/30/2021

Primary Sponsor

Keith Perry

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Origin

Senate

2021 Regular Session

AI Summary

  • Defines "material violation" as a building code violation that may reasonably result in physical harm to a person or significant damage to building performance, and limits civil actions under s. 553.84 to only material violations
  • Requires claimants to first submit construction defect claims through any applicable warranty provider and receive a denial or unsatisfactory remedy before filing a notice of claim or bringing a civil action
  • Strengthens notice of claim requirements by mandating specific detail of defects, photographs of visible defects, repair estimates or expert reports, a personal knowledge affirmation, and a signed perjury declaration in 18-point bold uppercase type
  • Changes from permissive ("may") to mandatory ("shall") the requirement that a person served with a notice of claim pass along a copy to each contractor, subcontractor, supplier, or design professional reasonably believed responsible for the defect
  • Creates s. 558.006 requiring claimants to notify any mortgagee or assignee with a security interest in the property within 90 days of a monetary settlement or judgment, including details on the defect, outcome, and repair status, with a 30-day update requirement upon repair completion

Legislative Description

Construction Defects

Last Action

Died in Community Affairs

4/30/2021

Committee Referrals

Community Affairs2/16/2021
Judiciary12/21/2020

Full Bill Text

No bill text available