| 1 | Representative Kottkamp offered the following: |
| 2 |
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| 3 | Amendment |
| 4 | Remove lines 46-78 and insert: |
| 5 | alleged construction defect, but does not include any |
| 6 | administrative action or any civil action or arbitration |
| 7 | proceeding asserting a claim for alleged personal injuries |
| 8 | arising out of an alleged construction defect. |
| 9 | (2) "Association" has the same meaning as in s. |
| 10 | 718.103(2), s. 719.103(2), s. 720.301(7), or s. 723.025. |
| 11 | (3) "Claimant" means a homeowner, including a subsequent |
| 12 | purchaser, tenant, or association, who asserts a claim for |
| 13 | damages against a contractor, subcontractor, supplier, or design |
| 14 | professional concerning a construction defect or a subsequent |
| 15 | owner who asserts a claim for indemnification for such damages. |
| 16 | The term does not include a contractor, subcontractor, supplier, |
| 17 | or design professional. |
| 18 | (4) "Construction defect" means a deficiency in, or a |
| 19 | deficiency arising out of, the design, specifications, |
| 20 | surveying, planning, supervision, observation of construction, |
| 21 | or construction, repair, alteration, or remodeling of a |
| 22 | dwelling, any appurtenance to the dwelling, or the real property |
| 23 | to which the dwelling or appurtenance is affixed resulting from: |
| 24 | (a) Defective material, products, or components used in |
| 25 | the construction or remodeling; |
| 26 | (b) A violation of the applicable codes in effect at the |
| 27 | time of construction or remodeling which gives rise to a cause |
| 28 | of action pursuant to s. 553.84; |
| 29 | (c) A failure of the design of a dwelling to meet the |
| 30 | applicable professional standards of care at the time of |
| 31 | governmental approval; or |
| 32 | (d) A failure to construct or remodel a dwelling in |
| 33 | accordance with accepted trade standards for good and |
| 34 | workmanlike construction at the time of construction. |
| 35 | (5) "Contractor" means any person, as defined in s. 1.01, |
| 36 | firm, partnership, corporation, association, or other |
| 37 | organization that is legally engaged in the business of |
| 38 | designing, developing, constructing, manufacturing, repairing |
| 39 | selling, or |