FL H1295

Deviations from initial construction plans and specifications, including substitution of products or components, are excluded from the definition of "construction defect" under Chapter 558, Florida Statutes

Associations representing more than 20 parcels must describe with specificity the locations of and known damages from alleged defective conditions in their notice of claim, including identifying specific floors and units affected

Associations representing more than 20 parcels and parties served with a notice of claim must agree in writing to preaction mediation once the scope of alleged defects is determined and acknowledged

Parties found responsible for defective conditions must deposit sufficient funds in an escrow account managed by an escrow agent, with funds released only for agreed-upon remediation or repairs; a third-party licensed engineer or construction management firm must certify completion of each repair, and remaining escrow funds are returned to the payor

Construction projects that obtained required building permits, certificate of occupancy, and passed all Florida Building Code inspections are deemed compliant, and the chapter does not apply unless the person knew or should have known of a material violation and there is no personal injury or damage to other property

Effective date is July 1, 2025