PCS for HB 583 (2022): An act relating to limitations of actions other than for the recovery of real property
Summary
PCS for HB 583 (2022) is a bill to be entitled an act relating to limitations of actions other than for the recovery of real property. Section 1 amends s. 95.11, Florida Statutes, on actions founded on the design, planning, or construction of an improvement to real property, and the bill provides exceptions, definitions of "completion of an improvement" and "material violation", and rules for counterclaims, cross-claims, and third-party claims. Section 2 states that the amendments apply to any action commenced on or after July 1, 2022, with a savings period for certain actions to be commenced before July 1, 2023. Section 3 states that the act takes effect July 1, 2022.
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“PCS for HB 583 (2022): An act relating to limitations of actions other than for the recovery of real property.”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-3101-regulatory-reform-subcommittee-proposed-committee-bills-pcbs-080384680a/
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 583 2022
1 A bill to be entitled
2 An act relating to limitations of actions other than
3 for the recovery of real property; amending s. 95.11,
4 F.S.; revising the period to bring actions for certain
5 improvements to real property; providing exceptions;
6 providing definitions; providing applicability;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (c) of subsection (3) of section
12 95.11, Florida Statutes, is amended to read:
13 95.11 Limitations other than for the recovery of real
14 property.—Actions other than for recovery of real property shall
15 be commenced as follows:
16 (3) WITHIN FOUR YEARS.—
17 (c) An action founded on the design, planning, or
18 construction of an improvement to real property:, with
19 1. the time running from the date of actual possession by
20 the owner, 45 days after the date of completion of the
21 improvement the issuance of a certificate of occupancy, or the
22 date of abandonment of construction if the improvement is not
23 completed, except: , or the date of completion of the contract
24 or termination of the contract between the professional
25 engineer, registered architect, or licensed contractor and his
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PCS for HB 583
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 583 2022
26 or her employer, whichever date is latest; except that, when the
27 action involves a latent defect, the time runs from the time the
28 defect is discovered or should have been discovered with the
29 exercise of due diligence. In any event, the action must be
30 commenced within 10 years after the date of actual possession by
31 the owner, the date of the issuance of a certificate of
32 occupancy, the date of abandonment of construction if not
33 completed, or the date of completion of the contract or
34 termination of the contract between the professional engineer,
35 registered architect, or licensed contractor and his or her
36 employer, whichever date is latest.
37 a. If the action involves a latent defect, the action
38 must be commenced within 7 years, and the time begins to run 45
39 days after the completion of the improvement or the date of
40 abandonment of construction if the improvement is not completed.
41 b. If the action alleges a material violation and the
42 person alleging the material violation can show by clear and
43 convincing evidence that the engineer, architect, or contractor
44 or his or her employer had actual knowledge of the material
45 violation at the time of the design, planning, or construction
46 of the improvement, the action must be commenced within 15
47 years, and the time begins to run 45 days after the completion
48 of the improvement or the date of abandonment of construction ,
49 if the improvement is not completed.
50 2. However, counterclaims, cross-claims, and third-party
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PCS for HB 583 2022
51 claims that arise out of the conduct, transaction, or occurrence
52 set out or attempted to be set out in a pleading may be
53 commenced up to 1 year after the pleading to which such claims
54 relate is served, even if such claims would otherwise be time
55 barred.
56 3. As used in this paragraph:
57 a. “Completion of an improvement” means issuance of the
58 certificate of occupancy or certificate of completion for the
59 improvement, or closing of the building permit for the
60 improvement, as defined in s. 553.79(17)(a), if the improvement
61 is not required to have a certificate of occupancy or
62 certificate of completion.
63 b. “Material violation” means a violation of the Florida
64 Building Code that exists within a completed building,
65 structure, or facility which may reasonably result, or has
66 resulted, in death or personal injury to a person or significant
67 damage to the building, structure, facility, or its system, or
68 the performance of a building, structure, facility, or its
69 system.
70 c. “Performance” means that the building, structure,
71 facility or system functions as it is intended and is able to be
72 used for its designed purpose.
73 d. “Significant damage” means a level of adverse impact
74 to a building, structure, facility, or its system that results
75 or could reasonably result in economic damage or loss that
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76 exceeds the common expectations, and the cost of restoring the
77 damage or preventing such damage to the building, structure,
78 facility, or its system would equal or exceed 25 percent of the
79 market value of the building, structure, facility, or its system
80 if built in accordance with the Florida Building Code. It does
81 not include Florida Building Code violations that are cosmetic,
82 minimal, or inconsequential to the overall performance of a
83 building, structure, facility, or its systems. With respect to
84 actions founded on the design, planning, or construction of an
85 improvement to real property, if such construction is performed
86 pursuant to a duly issued building permit and if a local
87 enforcement agency, state enforcement agency, or special
88 inspector, as those terms are defined in s. 553.71, has issued a
89 final certificate of occupancy or certificate of completion,
90 then as to the construction which is within the scope of such
91 building permit and certificate, the correction of defects to
92 completed work or repair of completed work, whether performed
93 under warranty or otherwise, does not extend the period of time
94 within which an action must be commenced. Completion of the
95 contract means the later of the date of final performance of all
96 the contracted services or the date that final payment for such
97 services becomes due without regard to the date final payment is
98 made.
99 Section 2. The amendments to s. 95.11(3)(c), Florida
100 Statutes, made by this act shall apply to any action commenced
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101 on or after July 1, 2022, regardless of when the cause of action
102 accrued, except that any action that would not have been barred
103 under s. 95.11(3)(c), Florida Statutes, prior to the amendments
104 made by this act may be commenced before July 1, 2023, and if it
105 is not commenced by that date and is barred by the amendments to
106 s. 95.11(3)(c), Florida Statutes, made by this act, it shall be
107 barred.
108 Section 3. This act shall take effect July 1, 2022.
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