SENATE AMENDMENT
Bill No. CS for SB 3046
Amendment No. ___ Barcode 192948
CHAMBER ACTION
Senate House
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 2, line 1, through page 5, line 3, delete those
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17 and insert:
18 Section 1. Section 558.001, Florida Statutes, is
19 amended to read:
20 558.001 Legislative findings and declaration.--The
21 Legislature finds that it is beneficial to have an alternative
22 method to resolve construction disputes that would reduce the
23 need for litigation as well as protect the rights of
24 homeowners. An effective alternative dispute resolution
25 mechanism in certain construction defect matters should
26 involve the claimant filing a notice of claim with the
27 contractor, subcontractor, supplier, or design professional
28 that the claimant asserts is responsible for the defect, and
29 should provide the contractor, subcontractor, supplier, or
30 design professional with an opportunity to resolve the claim
31 without resort to further legal process.
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SENATE AMENDMENT
Bill No. CS for SB 3046
Amendment No. ___ Barcode 192948
1 Section 2. Section 558.002, Florida Statutes, is
2 amended to read:
3 558.002 Definitions.--As used in this chapter act, the
4 term:
5 (1) "Action" means any civil action or arbitration
6 proceeding for damages or indemnity asserting a claim for
7 damage to or loss of a dwelling or personal property caused by
8 an alleged construction defect, but does not include any
9 administrative or civil action or arbitration proceeding
10 asserting a claim for alleged personal injuries arising out of
11 an alleged construction defect.
12 (2) "Association" has the same meaning as in s.
13 718.103(2), s. 719.103(2), s. 720.301(7), or s. 723.025.
14 (3) "Claimant" means a homeowner, including a
15 subsequent purchaser, tenant, or association, who asserts a
16 claim for damages against a contractor, subcontractor,
17 supplier, or design professional concerning a construction
18 defect or a subsequent owner who asserts a claim for
19 indemnification for such damages. The term does not include a
20 contractor, subcontractor, supplier, or design professional.
21 (4) "Construction defect" means a deficiency in, or a
22 deficiency arising out of, the design, specifications,
23 surveying, planning, supervision, observation of construction,
24 or construction, repair, alteration, or remodeling of a
25 dwelling, any appurtenance to the dwelling, or the real
26 property to which the dwelling or appurtenance is affixed
27 resulting from:
28 (a) Defective material, products, or components used
29 in the construction or remodeling;
30 (b) A violation of the applicable codes in effect at
31 the time of construction or remodeling which gives rise to a
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SENATE AMENDMENT
Bill No. CS for SB 3046
Amendment No. ___ Barcode 192948
1 cause of action pursuant to s. 553.84;
2 (c) A failure of the design of a dwelling to meet the
3 applicable professional standards of care at the time of
4 governmental approval; or
5 (d) A failure to construct or remodel a dwelling in
6 accordance with accepted trade standards for good and
7 workmanlike construction at the time of construction.
8 (5) "Contractor" means any person, as defined in s.
9 1.01, firm, partnership, corporation, association, or other
10 organization that is legally engaged in the business of
11 designing, developing, constructing, manufacturing, repairing,
12 selling, or remodeling dwellings or attachments thereto.
13 (6) "Design professional" means a person, as defined
14 in s. 1.01, licensed in this state as an architect, interior
15 designer, landscape architect, engineer, or surveyor.
16 (7) "Dwelling" means a single-family house,
17 manufactured or modular home, duplex, triplex, quadruplex, or
18 other multifamily unit in a multifamily residential building
19 designed for residential use in which title to each individual
20 unit is transferred to the owner under a condominium or
21 cooperative system and includes common areas and improvements
22 that are owned or maintained by an association or by members
23 of an association, and also includes the systems, other
24 components, and improvements, and other structures or
25 facilities, including, but not limited to, recreational
26 structures or facilities, that are appurtenant to and located
27 on the real property on which the house, duplex, triplex,
28 quadruplex, or other multifamily unit is located, but are not
29 necessarily part of the structure at the time of completion of
30 construction.
31 (8) "Service" means personal service or delivery by
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SENATE AMENDMENT
Bill No. CS for SB 3046
Amendment No. ___ Barcode 192948
1 certified mail, return receipt requested, to the last known
2 address of the addressee.
3 (9) "Subcontractor" means a person, as defined in s.
4 1.01, who is a contractor who performs labor and supplies
5 material work on behalf of another contractor in the
6 construction or remodeling of a dwelling.
7 (10) "Supplier" means a person, as defined in s. 1.01,
8 who provides only materials, equipment, or other supplies for
9 the construction or remodeling of a dwelling.
10 Section 3. Section 558.003, Florida Statutes, is
11 amended to read:
12 558.003 Action; compliance abatement.--If A claimant
13 may not file files an action subject to this chapter without
14 first complying with the requirements of this chapter. If a
15 claimant files an action alleging a construction defect
16 without first complying with the requirements of this chapter
17 act, on timely motion by a party to the action the court shall
18 abate the action, without prejudice, and the action may not
19 proceed until the claimant has complied with such
20 requirements.
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24 And the title is amended as follows:
25 On page 1, lines 3 through 10, delete those lines
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27 and insert:
28 amending s. 558.001, F.S.; revising legislative
29 findings and declarations; amending s. 558.002,
30 F.S.; revising definitions; amending s.
31 558.003, F.S.; providing requirements for
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SENATE AMENDMENT
Bill No. CS for SB 3046
Amendment No. ___ Barcode 192948
1 filing actions alleging construction defects;
2 requiring abatement, upon timely motion, of
3 certain actions filed that do not comply with
4 certain requirements;
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