Florida Senate - 2015 SB 1158 By Senator Stargel 15-00507A-15 20151158__ 1 A bill to be entitled 2 An act relating to limitation of actions; amending s. 3 95.11, F.S.; reducing the period during which an 4 action must be brought for a latent defect in the 5 design, planning, or construction of an improvement to 6 real property; providing for applicability; reenacting 7 s. 627.441(2), F.S., relating to commercial general 8 liability policy coverage to contractors for completed 9 operations, to incorporate the amendment made by the 10 act to s. 95.11, F.S., in a reference thereto; 11 providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (c) of subsection (3) of section 16 95.11, Florida Statutes, is amended to read: 17 95.11 Limitations other than for the recovery of real 18 property.—Actions other than for recovery of real property shall 19 be commenced as follows: 20 (3) WITHIN FOUR YEARS.— 21 (c) An action founded on the design, planning, or 22 construction of an improvement to real property, with the time 23 running from the date of actual possession by the owner, the 24 date of the issuance of a certificate of occupancy, the date of 25 abandonment of construction if not completed, or the date of 26 completion or termination of the contract between the 27 professional engineer, registered architect, or licensed 28 contractor and his or her employer, whichever date is latest; 29 except that, when the action involves a latent defect, the time 30 runs from the time the defect is discovered or should have been 31 discovered with the exercise of due diligence. In any event, the 32 action must be commenced within 7
10years after the date of 33 actual possession by the owner, the date of the issuance of a 34 certificate of occupancy, the date of abandonment of 35 construction if not completed, or the date of completion or 36 termination of the contract between the professional engineer, 37 registered architect, or licensed contractor and his or her 38 employer, whichever date is latest. 39 Section 2. The amendment to s. 95.11(3)(c), Florida 40 Statutes, made by this act shall apply to any action commenced 41 on or after July 1, 2015, regardless of when the cause of action 42 accrued, except that any action that would not have been barred 43 under s. 95.11(3)(c), Florida Statutes, prior to the amendment 44 made by this act may be commenced before July 1, 2016, and if it 45 is not commenced by that date and is barred by the amendment to 46 s. 95.11(3)(c), Florida Statutes, made by this act, it shall be 47 barred. 48 Section 3. For the purpose of incorporating the amendment 49 made by this act to section 95.11, Florida Statutes, in a 50 reference thereto, subsection (2) of section 627.441, Florida 51 Statutes, is reenacted to read: 52 627.441 Commercial general liability policies; coverage to 53 contractors for completed operations.— 54 (2) A liability insurer must offer coverage at an 55 appropriate additional premium for liability arising out of 56 current or completed operations under an owner-controlled 57 insurance program for any period beyond the period for which the 58 program provides liability coverage, as specified in s. 59 255.0517(2)(b). The period of such coverage must be sufficient 60 to protect against liability arising out of an action brought 61 within the time limits provided in s. 95.11(3)(c). 62 Section 4. This act shall take effect July 1, 2015.