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.