Florida Senate - 2018                              CS for SB 536
       
       
        
       By the Committee on Judiciary; and Senator Passidomo
       
       
       
       
       
       590-02439-18                                           2018536c1
    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.; authorizing the commencement, within a specified
    5         timeframe, of counterclaims, cross-claims, and third
    6         party claims that arise out of the conduct,
    7         transaction or occurrence set out or attempted to be
    8         set out in a pleading for which such claims relate;
    9         specifying that certain corrections and repairs do not
   10         extend the period of time within which an action must
   11         be commenced; providing applicability; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (c) of subsection (3) of section
   17  95.11, Florida Statutes, is amended to read:
   18         95.11 Limitations other than for the recovery of real
   19  property.—Actions other than for recovery of real property shall
   20  be commenced as follows:
   21         (3) WITHIN FOUR YEARS.—
   22         (c) An action founded on the design, planning, or
   23  construction of an improvement to real property, with the time
   24  running from the date of actual possession by the owner, the
   25  date of the issuance of a certificate of occupancy, the date of
   26  abandonment of construction if not completed, or the date of
   27  completion of the contract or termination of the contract
   28  between the professional engineer, registered architect, or
   29  licensed contractor and his or her employer, whichever date is
   30  latest; except that, when the action involves a latent defect,
   31  the time runs from the time the defect is discovered or should
   32  have been discovered with the exercise of due diligence. In any
   33  event, the action must be commenced within 10 years after the
   34  date of actual possession by the owner, the date of the issuance
   35  of a certificate of occupancy, the date of abandonment of
   36  construction if not completed, or the date of completion of the
   37  contract or termination of the contract between the professional
   38  engineer, registered architect, or licensed contractor and his
   39  or her employer, whichever date is latest. However,
   40  counterclaims, cross-claims, and third-party claims that arise
   41  out of the conduct, transaction or occurrence set out or
   42  attempted to be set out in a pleading may be commenced up to 1
   43  year after the pleading to which such claims relate is served,
   44  even if such claims would otherwise be time barred. With respect
   45  to actions founded on the design, planning, or construction of
   46  an improvement to real property, if such construction is
   47  performed pursuant to a duly issued building permit and if a
   48  local enforcement agency, state enforcement agency, or special
   49  inspector, as those terms are defined in s. 553.71, has issued a
   50  final certificate of occupancy or certificate of completion,
   51  then as to the construction which is within the scope of such
   52  building permit and certificate, the correction of defects to
   53  completed work or repair of completed work, whether performed
   54  under warranty or otherwise, does not extend the period of time
   55  within which an action must be commenced. Completion of the
   56  contract means the later of the date of final performance of all
   57  the contracted services or the date that final payment for such
   58  services becomes due without regard to the date final payment is
   59  made.
   60         Section 2. This act applies to causes of action that accrue
   61  on or after July 1, 2019.
   62         Section 3. This act shall take effect July 1, 2019.