Florida Senate - 2016                                     SB 316
       
       
        
       By Senator Stargel
       
       
       
       
       
       15-00351-16                                            2016316__
    1                        A bill to be entitled                      
    2         An act relating to limitations on actions other than
    3         for the recovery of real property; amending s. 95.11,
    4         F.S.; specifying the date of completion for specified
    5         contracts; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Paragraph (c) of subsection (3) of section
   10  95.11, Florida Statutes, is amended to read:
   11         95.11 Limitations other than for the recovery of real
   12  property.—Actions other than for recovery of real property shall
   13  be commenced as follows:
   14         (3) WITHIN FOUR YEARS.—
   15         (c) An action founded on the design, planning, or
   16  construction of an improvement to real property, with the time
   17  running from the date of actual possession by the owner, the
   18  date of the issuance of a certificate of occupancy, the date of
   19  abandonment of construction if not completed, or the date of
   20  completion or termination of the contract between the
   21  professional engineer, registered architect, or licensed
   22  contractor and his or her employer, whichever date is latest;
   23  except that, when the action involves a latent defect, the time
   24  runs from the time the defect is discovered or should have been
   25  discovered with the exercise of due diligence. In any event, the
   26  action must be commenced within 10 years after the date of
   27  actual possession by the owner, the date of the issuance of a
   28  certificate of occupancy, the date of abandonment of
   29  construction if not completed, or the date of completion or
   30  termination of the contract between the professional engineer,
   31  registered architect, or licensed contractor and his or her
   32  employer, whichever date is latest. The date of completion of
   33  the contract between the professional engineer, registered
   34  architect, or licensed contractor and his or her employer is the
   35  last day during which the professional engineer, registered
   36  architect, or licensed contractor furnishes labor, services, or
   37  materials, excluding labor, services, or materials relating to
   38  the correction of deficiencies in previously performed work or
   39  materials supplied.
   40         Section 2. This act shall take effect July 1, 2016.