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FL H0085

Bill

Status

Introduced

12/29/2022

Primary Sponsor

Judiciary Committee

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Origin

House of Representatives

2023 Regular Session

AI Summary

  • Reduces the statute of repose for actions based on design, planning, or construction of improvements to real property from 10 years to 7 years
  • Changes the triggering event for both the 4-year statute of limitations and 7-year repose period to run from the earliest (rather than latest) of specified dates, including issuance of a temporary certificate of occupancy, certificate of occupancy, certificate of completion, or date of abandonment
  • Removes "actual possession by the owner" and "completion/termination of contract" as triggering events for the statute of limitations and repose periods
  • For model homes, the limitations period begins when a deed is first recorded transferring title to another party; for multi-building projects, each building is treated as its own separate improvement for determining limitation periods
  • Limits civil actions under the Florida Building Code (s. 553.84) to material violations, defined as code violations that may reasonably result in physical harm to a person or significant damage to a building's performance
  • Actions not previously barred under old law must be commenced by July 1, 2024, or they will be barred under the new shorter timeframes; the act takes effect upon becoming law

Legislative Description

Causes of Action Based on Improvements to Real Property

Last Action

Laid on Table; companion bill(s) passed, see CS/SB 360 (Ch. 2023-22)

3/23/2023

Committee Referrals

Judiciary2/13/2023
Regulatory Reform & Economic Development Subcommittee1/30/2023
Civil Justice Subcommittee1/10/2023

Full Bill Text

No bill text available