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.
   13  Be It Enacted by the Legislature of the State of Florida:
   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 10 years 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.